## SERVED: September 25,2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF 

### TRANS NORTH AVIATION, LTD. FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2013- 0046



### INITIAL DECISION OF ADMINISTRATIVE LAW JUDGE A. Introduction: ASI ATP Boerman Blodgettt Didier FAA Fox FI FSDO Keenan Levitte Merrill NTSB Op Specs PIC POI Schaberg The Flight

Trans North Wolf Aviation Safety Inspector Air Transport Pilot Sandra Boerman, FAA witness Maynard Blodgett, Flight Medic Bill Didier, PIC ofthe flight Federal Aviation Administration Kenneth Fox, Trans North's ChiefPilot Flight Instructor Flight Standards Safety Office Jim Keenan, Director ofMaintenance, Trans North Quentin Levitte, Assistant ChiefPilot, Trans North John Merrill, FAA witness National Transportation Safety Board Operations Specifications Pilot-in-Command Principal Operations Inspector President/Director ofOperations ofTrans North Part 135 flight from Jessup-Wayne County Airport, Georgia (KJES), with an intended destination ofChicago Executive Airport, Wheeling, Illinois (KPWK) Trans North Aviation, Ltd., Respondent Andrew Wolf B. Procedural History:

1

### The Federal Aviation Administration (hereinafter "FAA") filed a Complaint dated April 16, 2013. Trans North Aviation, Ltd. (hereinafter "Trans North") filed an Answer dated March 26,2013. Trans North's Request for Hearing and Answer were accepted over objection. C. Jurisdiction: Trans North was an on demand air taxi service which operated under 14 C.P.R. Part 135. The FAA alleged and Trans North admitted that Trans North Aviation Inc. held at all times mentioned herein Air CarrierCertificate Number EBFA443D that authorized Trans North to conduct operations under Part 135 ofthe Federal Aviation Regulations. The FAA alleged and Trans North admitted that at all times mentioned herein, William Didier, holder ofAirline Transport Pilot Certificate Number 3067631, was authorized to conduct Trans North's commercial flight operations under both Part 91 and Part 135. D. Burden ofProof: The Burden ofProofwas on the agency (14 C.F.R. § 

### 13.224). E. Issue: Whether Trans North violated 14 CFR § 135.267(d), which states: Each assignment under paragraph (b) ofthis section must provide for at least 10 consecutive hours ofrest during the 24-hourperiod that precedes the planned completion time ofthe assignment. F. Summary ofFacts: 1. Agency's recitation ofFacts: The Complaint alleged that on November 28, 2011, Bill Didier (hereinafter "Didier") was the Pilot-in-Command (hereinafter "PIC") ofa Piper, PA-31-350, N59773, on a Part 135 flight operated by Trans North fromJessup-Wayne County Airport, Georgia (KJES), with an intended destination ofChicago Executive Airport, Wheeling, Illinois (KPWK) (hereinafter "the flight").

2

### The flight ended when N59773 crashed short ofChicago Executive Airport in Wheeling, Illinois. The crash resulted in three fatalities, including two passengers and Didier. Trans North assigned Didier as Pilot-in-Command ofthe flight on November 28, 2011, which did not provide for at least 10 consecutive hours ofrest during the 24-hour period thatpreceding the planned completion time ofthe flight assignment. 2. Respondent's recitation ofFacts: Trans North denied it assigned Didier as Pilot-in-Command ofthe flight on November 28, 2011, which did not provide for at least 10 consecutive hours ofrest during the 24-hour period that preceding the planned completion time ofthe flight assignment. Respondents denied all allegations ofviolation of 14 CFR Section 135.267(d) as set forth in the Complaint. G. Hearing: A hearing was held July 23, 2013, at the Federal Building and U.S. Courthouse, 517 East Wisconsin Avenue, Milwaukee, Wisconsin. Jeanette B. Daubaras, Esq.appeared on behalfofthe Federal Aviation · Administration. Charles 

### R. Barnett, Esq. and Paul R. Borth, Esq. ofBarnett & 

### Borth, LLC, appeared on behalfofTrans North. H. Summary ofEvidence: Agency Exhibits 5, 9, 11, 13, 14, 15 and 18 were not received in evidence. All other exhibits were received. Respondent Exhibit 7 was not received; Exhibit 8 was withdrawn. There were no Exhibits 3 or 4. Exhibits 5 and 6 were received and incorrectly marked in the transcript as not received. 

### I. Summary ofTestimony: All admitted testimony and documentary evidence was reviewed and considered. Only highlights are included herein.

1. 

### Agency's case
3

### Merrill The Agency called John Merrill (hereinafter "Merrill"). Merrill was an Aviation Safety Inspector (hereinafter "ASI"), Principal Operations Inspector (hereinafter "POI"). Merrill held an Airline Transport Pilot certificate (hereafter "ATP") and a Flight Instructor certificate (hereinafter "FI") that had the ratings ofsingle engine/ multi-engine and CFII which was instrument instructor and held a second class medical with no restrictions. Merrill testified that at approximately 1130 hours Central Time on November 28, 2011, he received a call from Trans North's ChiefPilot, Kenneth Fox (hereinafter "Fox"), notifyingMerrill that there had been a fatal accident oftheir Piper Chieftain. The accident occurred in Palwaukee which was in the Illinois District ofDuPage. Fox asked to meet with Merrill later onNovember 28, 2011 after meeting with the DuPage Investigators at the Milwaukee Flight Standards Safety Office (hereinafter "FSDO"). Merrill met with Fox on November 28, 2011. Also present at the meeting was former FAA POI Inspector, Cathy Vuksanovic and Ronald Schaberg, President/Director ofOperations (hereinafter "Schaberg") ofTrans North. During the meeting it was learned the flight was a para-medical flight scheduled to depart from Chicago Executive Airport, fly to Palm Beach, pick up passenger(s) and return to the Chicago area. Fox was told the pilot involved in the fatal accident, Didier, had flown the Cessna 340 the day before which was originally assigned to the fight, departing from Chicago. On the way to Palm Beach, the Cessna 340 developed an attitude indicator failure and diverted to Crawfordsville, Indiana. Schaberg then assigned Quentin Levitte (hereinafter "Levitte"), the Assistant ChiefPilot at the time, to take the Chieftain down to Crawsfordville, Indiana, with Andrew Wolf(hereinafter ''Wolf'). Levitte was then assigned to stay with the Cessna 340 while Wolfand Didier continued the para-medical flight to Palm Beach. Wolfwas to perform repositioning the aircraft

.down to Palm Beach while Didier would fly from Palm Beachto Chicago. 1


### Merrill testified at the time, Schaberg held an on demand Air Carrier Certificate for 135.2 

### The Operations Specifications (hereinafter "Op Specs") for the airline reflected Ken Fox as ChiefPilot, James Keenan as Director ofMaintenance and Ronald J. Schaberg as Director ofOperations. 3 

### The documents were current at the time ofthe accident. The Op Specs set forth personnel responsibilities and who is authorized to exercise operational control.4 

### The OP Specs sets how operational control was exercised by Trans North. 5

1Tr. p. 14, 

### I. I top. 28, 

### I. 17. Agency Ex. AI. 2 Agency Ex. A2. 3 Agency Exs. A3, A4. 4 Tr. p, 28, 

### I. 18 to p. 40, 

### I. 21. Agency Ex. A4. 5 Agency A4. 

### 4

### Merrill Cross Merrill testified he did not investigate the accident.6 

### Merrill memorialized the conversation above and played no part in preparing the allegations which were the basis ofthe NOC. As part ofhis duties he audited Trans North to insure it complied with 14 CFR Section §135.267. · Sandra Boerman Sandra Boerman (hereinafter "Boerman") testified she had been an Aviation Safety Inspector/Principal Operations Inspector for ten (10) years for the F.A.A. She and several other inspectors went to the accident site. The National Transportation Safety Board (hereinafter "NTSB") was the primary investigator ofthe accident. Boerman assisted other field and Washington, D.C. inspectors with the accident investigation. The investigation narrative stated: 7


### OnNovember 28,2011, at approximately 2250 Central Standard Time (CST) (0550Z), N59773, Piper PA-31-350 Chieftain, owned and operated by Trans North Aviation, LTD., crashed in Riverwoods, Illinois, approximately 3 nautical miles northeast ofChicago Executive Airport (PWK). The aircraft was substantially damaged by impact forces. On board were the pilot, a pilot-rated passenger, a flight nurse, a patient and his wife. The pilot, the patient and his wife all received fatal injuries. The pilot-rated passenger and the flight nurse received non-lifethreatening, serious injuries. There were no ground injuries or significant ground damage. Weather at the time ofthe crash was night visual meteorological conditions, wind from the north at 9 knots. (Agency Ex. 6, p. 3 of3). The investigation concluded there were several issues involved with the accident: Airman's competence as to the MRS Management offuel. FAR Violation as to crew rest/duty time violations. Flight with known malfunctions not recorded in discrepancy log. Inadequate reserve fuel for IFR flight. Unqualified Pilot performing crew duties during a 14 C.P.R. Part 135 flight. (Id., at 2/3)

6 

### Tr. p. 40, I. 

### 22 top. 46, I. 

### 17. Agency Ex. 5. 7 

### Tr. p. 60, I. 

### 2 top. 68, I. 

### 20. 

### 5

### Boerman participated in interviews with Schaberg and Wol:F on site, then, Maynard Blodgett (hereinafter "Blodgett")9 

### and memorialized the substance ofthe interviews. Blodgett's recollection ofthe flight was that Didier had flown all four legs ofthe flight. 10


### Boerman found three load manifests which documented the flight. Boerman created a chart to reflect the flight. Boerman concluded the flight went into the PIC's rest period, based onher evaluation ofthe evidence. 11 

### Boerman's analysis was:

...When you are to look back because it's a revolving, you know, 24 hours. So, you have to look back to see that there's ten hours ofrest. So, the first load, well, we don't have it here, but the load, we do, but I have to look to when he ended his duty the day before. It 

### was on the 27th when he landed in Crawfordsville with the mechanical which that ended up...

. . .that's when his duty day ended and he had a rest period from 2200 Zulu to 1200 Zulu which is when he started his day, which ifyou look at Exhibits 15-1 and the time he put 0700 duty ontime, but down below ifyou look at his block out is 048, so that was central time and the 0700 is eastern time. So, I verified that with the Flight Aware to help when they track the time so when the planes left. So, 1200 Zulu is when his day started which meant when he started there, he had 14 hours ofrest because ifyou look back, there was 14 hours. As you proceed forward, the key time would be 0200 Zulu because that would give him only ten hours from 0200 to 1200. So, ifyou draw a line down from 0200 onto the 28th, anything after 0200 that was, you know, planted (sic, should be "planned") on would be in his ten hours of rest period oftime. So, when he was in Jessup, it was 0100 and he was on the ground there, not in the air and the IFR flight plan filed listed Didier as the PIC. Listed 2308 as the planned departure time and listed the flight to be three hours and 25 minutes. So, an hour into his flight, he would be in his rest period and he could not complete three hours and 25 minutes in an hour time. So, that flight should not have departed

...

8 Identified as the Second Pilot in Agency Ex. 6. 9 The flight paramedic, see Agency 7 at p. 2 of2. 10 ld. 11 Tr. p. 73, I. 17 top. 113, I. 2. Agency Exs. A8, A9, AIO, All, Al2, A13. 

### 6

### The only piece ofpaper that we had was the IFR flight plan that listed Didier as the PIC and listed when they proposed to leave which was 2308 and that the flight time from Jessup to Palwaukee, according to that flight plan, was three hours and 25 minutes. So, ifyou can complete three hours and 25 minutes and not go in your rest period, you would be legal to go, but at 0200, that's where his ten hours cut offwould be. So, ifhe flies anything after 0200 that would be in his rest period. So, he would only depart an hour and then be in his rest period. So, knowingly on the ground, you're going to exceed your rest period

...

. . . when you're under the obligation ofthe air carrier, that's not considered rest.
..

. . .Bed-head (sic, should be "dead head") is not considered rest. He isn't (sic, should be "is") on assignment from the company, therefore, he is not on rest
... Boerman interviewed Wolf, memorializing the interview. 12 

### According to the interview, Wolfwas hired to be second in command in 135 flights, but had not received all ofthe training in the aircraft to be rated for that position. Wolftold Boerman he was assigned by the Trans North to fly the 91 flight down to Indianapolis and Florida. Wolf was listed as additional crew, seated in the right seat, according to the load manifest. Wolfdescribed the minutes before the accident as Didier flipped to augs tanks, fuel warning lights came on, Didier selected the cross feed valve, Didier feathered the engines, the plane descended, impacting the ground. According to Boerman's notes, both Mr. Didier and Mr. Wolfwere on the flight controls during the flight. Wolfindicated that the pilot acted abnormally, sporadic and weird in Florida. Didier set his power settings from a card that was kept in the windows visor. There were no engine abnormalities during the flight. Wolftold Boerman Didier told him not to tell anyone about going into reserve fuel. Based on her investigation, Boerman reached the following conclusions: Thatthere were violations ofthe regulations that took place and

... the only documentation

... was the IFR flight plan with Mr. Didierto sit as the pilot, departure time of2308, the three hour and 25 minute flight. They were on the ground communicating to their DO who has operational control ofthe airplane and the pilots. Texting back and forth andthat they departed at 0100 for a three hour and 25 minute flight and their rest period needed to start at 0200, and Mr. Didier would not make three hours and 25 minutes

12 Tr. p. 113, 

### I. 3 top. 128, 

### I. 16; Agency Ex. 13. 

### 7

### in 0200. So, there's a violation ofthe ten consecutive hours ofrest period. 13


### Wolftold Boerman the patient for the flight was late, according to information she developed during the course ofher investigation. In Boerman's opinion this was not an "unforeseen circumstance"

.

. . .An unforeseen circumstance is something when you're in the air and the President comes into town or there's thunderstorms and you're already in the air flying and you can't control it, but ifyou're already on the ground, you can control ifyou depart or not
... 14


### Boerman Cross Boerman spoke to the certificate holder at the crash site about the flight. She reviewed her investigation. She did not know who filed the flight plan. Boerman found the load manifest at the scene which indicated Wolfwas the PIC one page and Didier the PIC on another page. 15 

### Wolfsaid he did not fill out any paperwork for the flights including the manifest. 16


### Boerman discussed her understanding ofFlight Aware. She testified Schaberg said the two pilots were given verbal instructions for the flight plan. Boerman was aware, throu¥h her investigation, that the patient was late arriving to the aircraft in West Palm Beach. 7 

### Boerman's position was that the delay in West Palm Beach

...

. . .wasn't foreseen beyond their control. They couldn't foresee that the patient was going to be late, but they could control iftheir flight was to depart ornot
...

. . .the passenger or the patient wouldn't be a determination ifthe flight should go or not.
..

. ..I 

### don't think a pilot should worry about their passengers to determine ifthey should go on a f1 

### ight. They should worry about weather, time on duty, fuel, all that kind of stuff, not a passenger... 18

13 

### Tr. p. 134, 

### I. 3 

### top. 134, 

### I. 16. 14 

### Tr. p. 135, 

### I. 18 

### top. 136, 

### I. 2. 15 Ex. A-8, pages I and 2. 16 

### Tr. p. 137, 

### I. 5 

### top. 148, 

### I. 18. 17 

### Tr. p. 155, 

### I. 

### I top. 162, 

### I. 2. 18 

### Tr. p. 158, 

### I. 21 

### top. 161, I. I. 

### 8

### Boerman testified:

...There are no exceptions to 135.267. The only exceptions are for flight time, not the rest period time

...

. . .According to the load manifest he, at 2200 zero the next day, that's fourteen hours ofrest prior to starting that portion ofthe trip

...

. . . Because legal to start is not legal to finish a flight. And based on my thirteen years ofdoing flight and duty and 20 years offlying that, you know, ifyou're --down, you can prevent it from departing. And no matter what it is, ifyou cannot, the planned flight is three hours and 25 minutes and you cannot accomplish that before your rest period is going to start you cannot depart

...

.. .Mr. Levitte stated that Mr. Wolfwas assigned as a pilot command for the Part 91 flight on November 28th, 2011. There was no written documentation ofassignment,just verbal. Normal company procedures for assignments come from a phone call by Ron, the director ofoperations, followed by itinerary for the flight, the pilot texts or calls Ron before takeoff. Then after landing the pilot picks fuel stops based on location and place, and ifthere is a question they phone Ron

... 19


### 2. Respondent's case Schaberg Schaberg testified he was the owner and President ofTransNorth Aviation and the sister company, Travel Care International. The companies conducted fixed wing air ambulance transportation throughout North America and Canada, transporting patients and family members. They had been in business 33 years?0


### Didier was hired about eight (8) months prior to the accident. Didier was a trained PIC for Trans North Aviation in a Piper Chieftain and Cessna 340 Series? 1


### At the time ofthe accident Trans North owned three aircraft and leased two more. The aircraft that crashed was a Piper Chieftain ownedby Trans North. 22

19 

### Tr. p. 166, I. 1top. 197, I. 8. 20 

### Tr. p. 207, I. 4 top. 208, I. 

### 4. 21 

### Tr. p. 208, II. 8 to 17. 22 

### Tr. p. 209, II. 8 to 15. 

### 9

### Schaberg did the scheduling for the flight from West Palm Beach to Chicago. The original plan was for the flight to depart Oshkosh, WI. at 1030, t1y to Rome, GA., for refueling and arrive in West Palm Beach at 5:00p.m. The pilots were to go offduty at 1730 Central Time. At 1030 hours the next day the pilots would resume their flight. The original t1ight was to be flown by Didier and Maynard Blodgett (hereinafter "Blodgett"). Didier had not flown a 135 or 91 trip in at least five to seven days prior to the t1ight. Didier went on duty at approximately 1 000 hours and took offat approximately 1100 hours. Didier had a mechanical problem and had to land in Crawford, Indiana. Based onthe landing in Indiana, Schaberg revised the original flight plan. 23


### Due to the maintenance problem in Indiana, Didier went offduty at 1600 hours. Quentin and Wolfflew a new aircraft to Indianato continue the flight. The plan was for Wolfto be the PIC on the Part 91 flight to Florida, then have Didier be the PIC on the Part 135 return flight back to Chicago. With the revised flight plan Didier would have had fourteen (14) hours off. The patient was supposed to be at West Palm Beach Airport at approximately 1330 hours. Based on the revised plan Didier should have gone on duty at 0600 hours and completed his flight by 1930 hours. in Chicago?4 

### The plan:

...also included a 45 minute, it should have been a one hour, approximately 45 minute prior to departure being on, included a 30 minute window for the fuel stop in Georgia, and a 45 minute window for loading and fueling in Palm Beach, and then a 30 minute window for fueling in Jessup, Georgia, and then a 25 minute offduty time, extra time in Ch. 2S 

### 1cago

... · The patient being transported was 80 years old and had significant medical problems. The t1ight was delayed in Florida for approximately three (3) hours because the ambulance transporting the patient got lost on the way to the airport. 26


### J. Analysis ofFacts: Schaberg scheduled the flight to depart Oshkosh, WI. at 1030, fly to Rome, GA., for refueling and arrive in West Palm Beach at 5:00p.m. The pilots were to go offduty at 1730 Central Time. At 1030 hours the next day the pilots were to resume their flight. The,original t1ight was to be flown by Didier. Didier went on duty at approximately 1000 hours and took offat approximately 1100 hours. Didier had a mechanical problem and landed in Crawford, Indiana. Based onthe landing in Indiana, Schaberg revised the original flight plan.

23 

### Tr. p. 210, I. 6 top. 224, I. 

### 3. Exs. R-, R-2

.

. 24 

### Tr. 

### p. 224, I. 

### 8 to 

### p. 229, I. 

### 2.

25 

### Tr. p. 

### 229, II. 4 to 12. 26 

### Tr. p. 237, I. 

### II top. 240, I. 5. 

### 10

### Due to the maintenance problem in Indiana, Didier went offduty at 1600 hours. Quentin and Wolfflew a new aircraft to Indiana to continue the flight. The plan was for Wolfto be the PIC on the Part 91 flight to Florida, then have Didier be the PIC on the Part 135 return flight back to Chicago. With the revised flight plan Didier would have had fourteen (14) hours off. Based on the revised plan Didier should have gone on duty at 0600 hours and completed his flight by 1930 hours in Chicago. Didier flew all four legs ofthe flight. The patient was late arriving at the West Palm Beach, FL. airport. The late arriving patient resulted in a late departure from West Palm Beach, FL.

. Airport. Didier could not complete flight without going into his rest period. K. Conclusions: Didier could not complete flight without going into his rest period. L. Law: 14 C.F.R. part 135.267 provides in part: (b) Except as provided in paragraph (c) ofthis section, during any 24 consecutive hours the total flight time ofthe assigned flight when added to any other commercial flying ty that flight crewmember many not exceed

--- (1) 8 hours for a flight crew consisting ofone pilot; or (2) 10 hours for a flight crew consisting oftwo pilots qualified under this part for the operation being conducted.
(d) Each assignment under paragraph (b) ofthis section must provide for at least 10 consecutive hours ofrest during the 24-hour period that precedes the planned completion time oftheassignment. 5 U.S.C. Section 5123, et seq. M. Findings ofFact: After consideration and review ofall the evidentiary facts, testimony and evidence herein, by a preponderance ofthe evidence standard, we make the following findings:



### 11

### The flight was scheduled to depart Oshkosh, WI. at 1030, fly to Rome, GA., for refueling and arrive in West Palm Beach at 5:00p.m. The pilots were to go offduty at 1730 Central Time. At 1030 hours the next day the pilots were to resume their flight. The original flight was to be flown by Didier. Didier went on duty at approximately 1 000 hours and took offat approximately 1100 hours. Didier went offduty at 1600 hours in Crawford, IN. Didier should have gone on duty at 0600 hours and completed his flight by 1930 hours in Chicago with the revised flight plan. Didier flew all four legs ofthe flight. The patient was late arriving at the West Palm Beach, FL. airport. The late arriving patient resultedin a late departure from West Palm Beach, FL. Airport. Schaberg became aware that the flight was delayed. Schaberg did not do any additional flight planning after he learned the flight was delayed in FL. Didier could not complete the flight without going into his rest period. Didier did not complete the flight without going into his rest period. Schaberg had the responsibility to ensure that the flight could be accomplished in a safe manner pursuant to the regulations.

12

### N. Conclusions ofLaw: Trans North violated 14 CFR Section 135.267(d), which states that each assignment underparagraph (b) ofthis section must provide for at least I0 consecutive hours ofrest during the 24-hour period that precedes the planned completion time ofthe assignment. 

## 0. Analysis ofFacts and Conclusions ofLaw I find all witnesses testified truthfully and were credible. Trans North's Operations specifications state: ( 1

)The certificate holder retains all responsibility for the operational control of aircraft operations, and thus the safety ofeach flight conducted under this certificate and operations specification, including the actions or inactions ofall direct employees and agents ofthe certificate holder. (2) The certificate holder's responsibility for operation control supersedes any agreement, contract, understanding or arrangement, either oral or written, expressed or implied, between any persons or entities. (Agency Exhibit 4, page 1 of5). The Certificate holder failed to do so. I find the circumstances herein were not beyond the control ofthe certificate holder. I find the original and revised completion times were not realistically scheduled. I find the evidentiary facts, by a preponderance ofthe evidence standard, the FAA proved by a preponderance ofthe evidence that the Respondent violated 14 C.F.R. Section 135.267(d) as alleged. Trans North presented no evidence in mitigation. WHEREFORE, evidence and testimony having been heard and considered it be and is hereby ORDERED as follows: 1. Trans North's Motion to Strike Agency's Closing Briefbe and is hereby DENIED. 2. I find Trans North violated 14 C.F.R. Section 135.267(d), which states that each assignment underparagraph (b) ofthis section must provide for at least 10 consecutive hours ofrest during the 24-hour period that precedes the planned completion time ofthe assignment; and

13

### 3. Trans North be and is hereby assessed a civil penalty in the amount of$7,500.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

14

### SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1 

### ONECOPY Charles R. Barnett III, 

### Respondent's Counsel Barnett & 

### Borth, LLC 800 Waukegan Road, Suite 200 Glenview, IL 60025 TEL: 847-809-9520 FAX: 815-356-7042 Jeanette B. Daubaras, 

### Complainant's Counsel Office ofthe Regional Counsel, Great Lakes Region Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7313 FAX: 847-294-7498 The Honorable Richard C. Goodwin,

### Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-0046 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.


### 15

### # Description Trans North FAA 2013 - 0046 Respondent's Exhibit List

1 FltPian.com
- dtd 20130720- 2 pp- replicates chg FP 20111127 2 FltPian.com- dtd 20130708- 2 pp- replicates chg FP 20111127 3 NO EXHIBIT 

### 4 NO EXHIBIT 5 14 CFR 135.267 - 2 pp 6 Ltr, FAA Boerman to Schalberg- dtd 20111222- 1 pp 7 Ltr, FAA MacPherson to Kidd- dtd 20121113- 

### 3 pp 8 Schematic dtd 20111127- 9 Ltr AMR ro Barnett- Borth- dtd 20130719- 10 Air Ambulance Med Cert- dtd 20111127- 1 pp 11 Trans North- dtd 20111128- 1 pp 12 13 14 15 16 17 18 19 20 ID IN X 

### X X 

### X

X X X 

## X x NO WD WD X X X X X XFltPian.com- Copyright 2013 7/20/13 11:44 AM 

### Welcome Aboard 

## I Passenger Flight Briefing Good Morning and welcome aboard. Ifthere is anything we can doto make yourflight more enjoyable, please let us know. Fllg!JtC.....

## l~t- Captain: Bill Odier Qdl Sign:N4.599F !..1aynardBlodgct! FlightPamrnedie AircreftTypo: CE-340A

------·--------
Schedtlle: Saturday0712012013

Depart KOSH
- OSHKOSH, WI WITTMAN RGNL Arrive KRMG ·ROME, GA RICHARD 8 RUSSELL _**~pll~re**FBO_:__
10:30AM 02:32PM FlightTime 03:02

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Schedule: Saturday 07/20/2013

Depart KRMG
- ROME, GA RICHARD B RUSSELL Arrive KPBl ·WEST PALM BEACH, FL PALM BEACH INTL 03:02PM 06:02PM Flight Time 03:00 Destination Information: Tnne Zone: Eastern Time Change: Same Time Zone FBO Name: JETAVlATION-AVIT FBO Phone#: 800-538-0724

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## -**-~** Schedule: Sunday 07121/2013 Destination Information:

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PALM BEACH INTL Anive KRMG • ROME, GA RICHARDS RUSSEll 02:25PM
Current Weather at, ROME, GA Clear, Vis: 10 Mftes, Temp: 801' (27C), IMnds: CALM 02:55

Sunrise 6;43 Sunset 20:50

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## Welcome Aboard 

# J Passenger Flight 

## Briefing PART 91 LEGS ANDREWWOLF PIC KCFJ-KPXE KPXE-KPBI PART 

## 135 LEGS BILL DIDDlER PIC KPBI-KJES KJES-KPWK

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# ISchedule: Monday 

## 07/08/2013 1 

### Depart KCfJ -CRAWFORDSVILLE, IN 07:45AM 

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## 02:46 Destination Information: Time Zone: Eastem Time Change: Same Time Zone FBO Name: PERRY-HOUSTON FBO Phone #: 478-988--3699 

# l CRAWFORDSVILLE MUNI 

# I Arrive KPXE- PERRY, GA PERRY-HOUSTON COUNTY 

### 10:31 AM
Current Weather at MACON, GA Overcast, Vis: 10 Miles, Temp: 84F (29C), Winds: Southeast at 6 mph Sunrise Sunset 6:34 20:46 

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# I PERRY-HOUSTON COUNTY 

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### 02:00PM 

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## 01:50 Time Change: Same Time Zone FBO Name: AIRPORT AUTH. FBO Phone#: 912-427-5949 

### Arrive KJES ·JESUP, GA JESUP-WAYNE COUNTY 

### 03:50PM
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## ------------------~~--------~1 

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## j Afternoon Monday

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## l 1 Mostly Partly Mostly Partly 20% Chance Partly Mostly Partly Partly 

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### Arrive KPWK -CHICAGO/PROSPECT HGT, 07:05 PM : · FBO Phone#: 847-537-1200 

## j IL CHICAGO EXECUTIVE CurrentWeatherat CHICAGO/PROSPECT HGT, IL Scattered Clouds, Vis: 10 Miles, Temp: 82F (28C), Winds: Southwest at 8 mph Sunrise 5:23 Sunset 20:30 

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## f\,2:--1 '2-- Page 2 of2"-UTHE;<T;CATE9 U.S. GOVERNMENT**INFOI~MATION** GPO

§ 135.267 flight crewmember may accept an assignment, for flight time in scheduled operations or in other commercial flying if that crewmember's total flight time in all commercial flying will ex- ceed-

(1) 1,200 hours in any calendar year. (2) 120 hours in any calendar month. (3) 34 hours 1li any 7 consecutive days. (4) 8 hours during any 24 consecutive hours for a flight crew consisting of one pilot.

(5) 8 hours between required rest periods for a flight crew consisting of two pilots qualified under this part for the operation being conducted.

(b) Except as provided in paragraph (c) of this section, no ue:t·'bifiuate holder may schedule a flight crewmember, and no flight crewmember may accept an assignment, for flight time during the 24 consecutive hours preceding the scheduled completion of any flight segment without a scheduled rest period during that 24 hours of at least the following:

(l) 9 consecutive hours of rest for less than 8 hours of scheduled flight time.

(2) 10 consecutive hours of rest for 8 or more but less than 9 hours of scheduled flight time.

(3) 11 consecutive hours of rest for 9 or more hours of scheduled flight time.

(c) A certificate holder may schedule a flight crewmember for less than the rest required in paragraph (b) of this section or may reduce a scheduled rest under the following conditions:

(1) A rest required under paragraph (b)(1) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 10 hours that must begin no later than 24 hours after the commencement of the reduced rest period.

(2) A rest required under paragraph (b)(2) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 11 hours that must begin no later than 24 hours after the commencement of the reduced rest period.

(3) A rest required under paragraph (b)(3) of this section may be scheduled for or reduced to a minimum of 9 hours if the flight crewmember is given a rest period of at least 12 hours that must 14 CFR Ch. I (1-1-Q3 Edition) begin no later than 24 hours after the commencement of the reduced rest period.

(d) Each certificate holder shall relieve each flight crewmember engaged in scheduled air transportation from all further duty for at least 24 consecutive hours during any 7 consecutive days. § 135.267 Flight time limitations and rest requirements: Unscheduled one- and two-pilot crews. (a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a one- or two-pilot crew if that cre·.Jvmember's total flight time in all commercial flying will exceed-

(1) 500 hours in any calendar quarter. (2) BOO hours in any two consecutive calendar quarters.

(3) 1,400 hours in any calendar year. (b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight when added to any other commercial flying by that flight crewmember may not exceed-

(1) 8 hours for a flight crew consisting of one pilot; or

(2) 10 hours for a flight crew consisting of two pilots qualified under this part for the operation being conducted..

(c) A flight crewmember's flight time may exceed the flight time limits of paragraph (b) of this section if the assigned flight time occurs during· a regularly assigned duty period of no more than 14 hours and-

(1) If this duty period is immediately preceded by and followed by a required rest period of at least 10 consecutive hours of rest;

(2) If flight time is assigned during this period, that total flight time when added to any other commercial flying by the flight crewmember may not exceed-

(i) 8 hours for a flight crew consisting of one pilot; or

(ii) 10 hours for a flight crew con- sisting of two pilots; and

(3) If the combined duty and rest periods equal 24 hours.

(d) Each assignment under paragraph (b) of this section must provide for at 702**b~** 

### EXHIBIT XI 

# -:RS :li .D 

### a :;2o 1 

### :S- 

## 004C 

# u- ) (____Federal Aviation Administration, DOT least 10 consecutive hours of rest during the 24-hour period that precedes the planned completion time of the as- signment.

(e) When a flight crewmember has exceeded the daily flight time limitations in this section, because of circumstances beyond the control of the certificate holder or flight crewmember (such as adverse weather conditions), that flight crewmember must have a rest period before being assigned or accepting an assignment for flight time of at least-

(1) 11 consecutive hours of rest if the flight time limitation is exceeded by not more than 30 minutes;

(2) 12 consecutive hours of rest if the flight time limitation is exceeded by more than 30 minutes, but not more than 60 minutes; and

(3) 16 consecutive hours of rest if the flight time limitation is exceeded by more than 60 minutes.

(f) The certificate holder must provide each flight crewmember at least 13 rest periods of at least 24 consecutive hours each in each calendar quarter. [Doc. No. 23634, 50 FR 29320, July 18, 1989, as amended by Arndt. 13&-33, 54 FR 39294, Sept. 25, 1989; Arndt. 13&-60, 61 FR 2616, Jan. 26, 1996j § 135.269 Flight time limitations and rest requirements: Unscheduled three- and four-pilot crews. (a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a three- or four-pilot crew tf tha.t crew- member's total flight time in all commercial flying will exceed-

(1) 500 hours in any calendar quarter. (2) 800 hours in any two consecutive calendar quarters.

(3) 1,400 hours in any calendar year. (b) No certificate holder may assign any pilot to a crew of three or four pilots, unless that assignment provides--

(1) At least 10 consecutive hours of rest immediately preceding the assignment;

(2) No more than 8 hours of flight deck duty in any 24 consecutive hours;

(3) No more than 18 duty hours for a three-pilot crew or 20 duty hours for a four-pilot crew in any 24 consecutive hours; § 135.271 (4) No more than 12 hours aloft for a three-pilot crew or 16 hours aloft for a four-pilot crew during the maximum duty hours specified in paragraph (b)(3) of this section;

(5) Adequate sleeping facilities on the aircraft for the reliefpilot;

(6) Upon completion of the assignment, a rest period of at least 12 hours;

(7) For a three-pilot crew, a crew which consists of at least the following:

(i) A pilot in command (PIC) who meets the applicable flight crewmember requirements of subpart E of part 135;

(ii) A PIC who meets the applicable flight crewmember requirements of subpart E of part 135, except those prescribed in §§135.244 and 135.247; and

(iii) A second in command (SIC) who meets the SIC qualifications of §135.245.

(8) For a four-pilot crew, at least three pilots who meet the conditions of paragraph (b)(7) of this section, plus a fourth pilot who meets the SIC qualifications of §135.245.

(c) When a flight crewmember has exceeded the daily flight deck duty limitation in this section by more than 60 minutes, because of circumstances beyond the control of the certificate holder or flight crewmember, that flight crewmember must have a rest period before the next duty period of at least 16 consecutive hours.

(d) A certificate holder must provide each flight crewmember at least 13 rest periods of at least 24 consecutiVe hours each in each calendar quarter. § 135.271 Helicopter hospital emer- gency medical evacuation service (HEMES). (a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment for flight time if that crewmember's total flight time in all commercial flight will exceed-

(1) 500 hours in any calendar quarter. (2) 800 hours in any two consecutive calendar quarters.

(3) 1,400 hours in any calendar year. (b) No certificate holder may assign a helicopter flight crewmember, and no 703U.S. Department of Transportation Federal Aviation Administration



# DEC 22 20f1

Certified

- Return Receipt FileNumber: 2012GL030012 Mr. Ronald 

### J. Schaberg TransNorth Aviation LTD Eagle River Airport P.O. Box 1445 Eagle River, WI 54521 Dear 

### Mr. Schaberg: DuPage Flight Standards District Office 3IW775 North Avenue DuPage Airport West Chicago, IL 60185·1056 (630}443-3100



### Personnel ofthis office are investigating an accident which occurred onNovember 28, 2011, involvingthe operation of

### aPiper aircraft, N59773, on a Part 135 Instrument FlightRules (IFR) flight in the vicinity ofRlvetWoods, Illinois at approximately l 

### 0:45p.m. This office is requesting the name ofthe pilot

### in command that was assigned by TransNorth Aviation LTD for the following flights:

• November28,2011: Crawfordsville Municipal Airport, Crawfordsville, Indiana (KCFJ)- 

### Perry-Houston County, Perry, Georgia (KPXE) 

### • November 28,2011: 

### KPXE- Palm Beach International, West Palm Beach, Florida (KPBI) 

### • November 28,2011: KPBI -Jesup-WayneCounty Airport, Jesup, Georgia (I<JES) • November 

### 28,2011: KJES- Chicago Executive Airport, Wheeling, Illinois (KPWK) Additionally, please provide this office a detailed description on howTransNorth Aviation LTD utilizestheir Fuel Policy Form in their dayto day operations, to include any records ofdisciplinary 

### actions or

### counseling ofpilots. 

### This letter is to inform youthatthis matter is under investigation bytheFederal Aviation Administration. We would appreciate receiving any evidence or statements you might 

### care to make regarding this matter within 10 days ofreceipt ofthis letter. Any discussion orwritten statements furnished by you will be given consideration in our investigation. Ifwe do nothear from you within the specifiedtime, ourreport will beprocessed withoutthe benefit ofyour statement. / sincerely, 

# "'r A EXHIBIT 

# IKG Sandra Boerman Principal Operations Inspector

cc: 

### BarnettLaw Offices, P.C. \\avsagldpaaa\AGL203SB\EIR\Trans\LOITransnPIC.doc ONC NO!S

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### 'I
U.S. Department of Transportation Federal Aviatioq, Administration 

## I!N0 V Jason M. Kidd 

# 13

# 1Im

7201 NorthviewDrive Brookfield, OH44403 Dear Mr. Kidd: Office ofthe Chief Counsel 800 Independence Ave., S.W. Washington, D.C. 20591



### lbis is in response to your July 12, 2012 letter posing a number ofquestions about 14 C.F.R. part 135 operatingrules. Flight, Duty, and Rest Questions 

### Question 1: Phone Calls During a RestPeriod For your first question, you ask whether a certificate holder canrequire a flight crewmemberto answer a phone call from the certificate holder during a rest period. During a restperiod, a crewmembermustbefree from allrestraint bythe certificate holder. 1 

### Ifa crewmember is required to answer thephone by the certificate holder, then thatcrewmember is not free from all restraint. Thus, that flight crewmember is not on a validrestperiod. Accordingly, a certificate holder cannot require a flight crewmember to answer a phone call during a restperiod. Wenote, however, thatthe FAAhas a "onephone call" policy that "generally allows a certificate holderto initiate onephone call during [a] crewmember's rest period."2 

### Ifthe crewmember voluntarily chooses to answer this phone call, thenthe FAAdoes not viewthe call as disruptive andbreaking the rest period.3 

### However, we emphasizethat in order for the "onephone call" policy to apply, the crewmembercannotbe requiredto answerthe certificate holder's phone call, but must instead answerthe phone onhis own volition. 

### Question 2: Effect ofDelays 

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### For yournext question, youposethe following scenario. A part 135 certificate holder operates \[-- 

### .r. unscheduledcargo andpassenger operations pursuantto 14 C.F.R. 

### § 135.267(d). That certificate holder schedules its flightcrew to beinrest from 2200z until 0800z. The flightcrew isthen scheduledto 

### start a duty assignment that is supposedto begin at 0800z and end at 21OOz. 

### The duty assignment consists ofthree flight segments, each ofwhich is scheduled to be 3 hours long.

# ~/C

1

### Letter to Glenn Jimenez from RebeccaMacPherson, Assistant ChiefCmmsel for Regulations (June 9, 2011). 

### 2Id. 3 Jd 

## 1 1.§ 

### EXHIBIT 

# {27

### The first flight segment is scheduled to depart at 0930z; the second segment is scheduled to depart at 1300z; andthe final segment is scheduled to depart at 1800z. Youthen list a number ofdelays that couldhappen during the flightcrew's assigned duty day. The delays specified in your letter consist of: (1) late-arriving passengers orcargo; (2) en-route flight delays due to low visibility; (3) a diversion due to a mechanical failure; and (4) a delayed takeoffclearance from air traffic controL Each ofthese delays wouldresult inthe flightcrew finishing its duty day after 21OOz. You ask whether these delays would result inthe flightcrew violating the rest requirement of§ 135.267(d) ifthat flightcrew finishes all three flight segments ofits originally-scheduledduty day. Subsection 135.267(d) requires that an assignment "mustprovide for at least 10 consecutive hours ofrest during the 24-hourperiod thatprecedes the planned completiontime ofthe assignment." In a previous interpretation, the FAA emphasized that "(t]hekey to the applicability of§ 135.267(d) is inthe final phrase 

### 'plannedcompletion time ofthe assignment."'4 

### Inthat interpretation, the FAA concluded that ifa crewmember is realistically scheduledto receive 10 hours ofrest in a 24-hourperiod, then "ifthe originalplanning is upset for reasons beyondthe control ofthe (certificate holder], the flight may neverthelessbe conducted, eventhough crewduty time may extendbeyond 14 hours" in a 24-hourperiod.5


### The FAAhas previously stated that delays due to airtraffic control, mechanical problems, or adverse weather could constitute circumstances that are beyond the control ofthe certificate holder.6 

### In addition, the FAAhas stated that delays due to late-arrivingpassengers orcargo could also constitute circumstances that are beyond the control ofthe certificate holder.7 

### Accordingly, the delays specified in your question (late-arriving passengers or cargo, low visibility, mechanical failure, and delayed takeoffclearance) could constitute circumstances that are beyondthe control ofthe certificate holderthat would permit the flightcrew to fmish its duty day after the originally-planned 2100zcompletiontime. However, we emphasize that in order for the circumstances-beyond-the-control-of-the-certificate-holder doctrine to apply, the original 21OOz completion time musthave beenrealistically scheduled.8 

### Navigation and ChartDatabases Questions 3 and 4: Pilot-Performed Updates on Avionic Devices 

### Two questions youpose concernpilotperformed updates to aeronautical information avionic devices. First you ask whether the pilot ofan aircraft operated under part 135 may update a GPS and/orFMS navigation database (such as the Collins FMS-3000, GNS500 series or**GlOOO)~** 

### Second, you ask whetherthe same pilotmay update the charts displayed electronically on a Multifunction Display, such as the Jeppesen approach charts onthe Collins Proline 21. Because

4 LettertoKevin Wilson from Donald P. Byrne, Assistant ChiefCounsel ofRegulations andEnforcement Division (Mar. 30, 1992) (quoting and emphasizing a portionof the regulatory text from§ 135.267(d)). 5

### Id See also LettertoMr. Ross from DonaldP. Byrne (Aug. 30, 1993). 6 See Letterto WilliamE. Banks, Jr. from RebeccaMacPherson (Mar. 18, 2009) (citingprevious legal interpretations). 7 

### See Letter to Kevin Wilson and Letter to Mr. Ross. 8 See Letter to Kevin Wilson. 

### 2

# l bothofthese questions deal with a rule that the FAAis currently finalizing, we cannotanswer these questions at this time. Instead, we will answerthese questions in a separate letter oncethe pertinentrulemaking has concluded. Weight and Balance Computations Question 5: Load Manifest Duplicate Foryour nextquestion, you state that 14 C.F.R. § 135.63(c) requires you to prepare a load manifestbefore eachtakeoff. You ask whether a copy ofthis load manifestmustbe left with the certificate holder and/or departure airport personnel orwhether 

## itis sufficientto keep the only copy ofthe load manifest onboard the aircraft. Subsection 135.63(c) requires the certificate holder ofa multiengine aircraftto prepare a load manifest in duplicate containing information concerningthe loading ofthe aircraft. Pursuantto § 135.63(d),the**pilot~in-command** 

### mustcarrythe loadmanifest inthe aircraftto its destination, andthe certificate holder must thenkeep the load manifest for at least 30 days at

### its principal operations base, or at another location used by the certificate holder and approved bythe FAA. When 

### § 135.63 was originallyproposed 

### itincluded a requirementthatthe pilot-in-command arrange at the takeoffairport for a copy ofthe load manifestto be retained in a suitable place at that airport.9 

### However, this part ofthe proposed rule was withdrawn inresponse to comments. 10 

### As such,§ 135.63 does not specify what mustbe done withthe duplicate ofthe load manifest. While§ 135.63(d) does not specify howthe duplicate copy ofthe loadmanifest shouldbe handled, the FAA advises certificate holders to incorporate procedures intheir operations' manuals for the disposition ofthe duplicate copy. 11 

### The certificate holder shouldworkwith its principal operations inspector to develop suchprocedures. This isbecause the duplicate copy of the load manifestcouldprovide valuable informationto investigators regarding passengers, crewmembers, and aircraft weight and balance ifthere is an accident and the load manifest carried on-board theaircraft is destroyed. 12


### EnforcementAction Question 6: ManualthatViolates FAA Regulations Foryour next question, youpose a scenario in which anoperatorhas submitted a required manual containing procedures that violate FAAregulations. Youask whether in

### that scenario the FAAwouldhold responsible: (1) the certificate holder for submitting and enforcing improper procedures; and (2) the crewmember for complying with company procedures that violate FAA regulations.

9 See42 FR43490, 43515 (Aug. 29, 1977). 10 See 43 Fed. Reg. 46742,46764 (Oct. 10, 1978); Letter to Stanley L. Bernstein from Rebecca MacPherson (Nov. 13, 2009); LettertoNettieDickerson, from Edward P. Faberman. Acting Assistant ChiefCounsel (Nov. 

### 5, 1980). 11 See Letter to Stanely Bernstein. 12 

### !d. 

## 3

### Anyone who violates FAA regulations couldbe subjectto an enforcement action. In

### order to actually determine who would be held responsible by the FAA inyour scenario, we would need additional details concerning the company procedures that violate FAA regulations. Operation Specifications C055 and A097 You also ask a number ofquestions about operation specifications (OpSpecs) C055 and A097. Your questions aboutthese OpSpecs are policy questions, and as such, we have referred them to the AFS-200 program office. We appreciate your patience and trustthatthe above responds to your concerns. Ifyou need further assistance, please contactmy staffat (202) 267-3073. This response was prepared by Viola Pando and Alex Zektser, Attorneys, Regulations Division ofthe Office ofthe Chief Counsel, and coordinated with the Air Transportation Division ofFlight Standards Service. Sincerely,

# ?-r~ RebeccaB. MacPherson Assistant ChiefCounsel for Regulations, AGC-200



## 4

# Jovember27, 2011 

# 11
2.4 Aiglll Hours 6.0 Duty Hours 

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# \4

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# :rr 0 !ovember28-29! 2011

At0450Z 

# 16.7 Duty Day, 12.2 Flight Hours, 7.3 Rest Prior in 24 hour look back. Both survivors stated Mr. Didierwas Pilot in Command on all four legs and 

# IFR flight plans list Mr. Didieras PIC. \'h 

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## I

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# ~**~**'**~ ~**  

### _ , -- . - · .AMERICAN MEPICAL RESPONSE
--**~** 

### ·

. . '**~** ' ' '



### Barnett 

### & Borth 8411 Pyott Rd, Suite 110 Lake In The Hills, IL 60156

RE: John Bialek

To Whom It May Concern: 

### July 19, 2013

AMR recently received your request for transport records and invoices for the above referenced patient. Your records are enclosed. Should you have any questions regarding this matter, please feel free to contact the AMR Correspondence Department at 330-762-8891 ext. 8410. Thank you for your prompt attention to this matter. · 

### Sincerely,

## ~§~ Karim Grays Correspondence Representative Patient Business Services Records Department Enclosures



## /:§EXHIBIT

American Medical Response East, dba American Medical Response • Patient Business Services Department 530 S. Main Street- Suite 1041 ) ..--, Akron, Ohio 44311 Phone: (330) 762-8891 Fax: (330)384-4024 

# fc--Cf ..- )**~**I

i



# i 530 S. Main St. STE 1041 Akron, OH 44311-1010 330-762-8891 ext. 

### 8410

KEEPER OF RECORDS AFFIDAVIT



### I, Karim Grays hereby certify that 

### I am a Custodian Representative of Records for American Medical Response and that these record(s) and invoice are true and complete and these charges are fair and reasonable. Signed this 19th day of

### July 

### 2013 underthe pains and the penalties of perjury.

# cJ<~**r~** Karim

# Grays~ Correspondence Representative Patient Business Service

# I 

# I

·•**··~** American Medical Response 530 S. Main St. Suite 1041 

### Akron, OH 44311



### JOHN BIALEK REMIT PAYMENT TO: ATLANTIC PALM BEACH AMB INC PO BOX 

### 402079 ATLANTA, GA 30384-2079 PLEASE CHARGE MY: 0 VISA 0 MASTERCARD 0 DISCOVER 0 AMERICAN EXPRESS ACCOUNT 

# DD 

# D D D 0 DODD 

# D D D DDO EXPIRATION DATED

# D 0 0

SIGNATURE

------------------ PLEASE ENTER AMOUNT PAID: $ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT

----------

1250 

### BLS NON EMER BASE 1 300.00 300.00 2250 

### BLS MILEAGE 16 

### 8.50 136.00 3028 

### MISC DISPOSABLE ITEM 1 .00 .00 

### *** PAYMENTS *** 200.00- 

### *** ADJUSTMENTS *** 236.00-

.00



### ...

# ~1-· FED TAX ID 

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Send billing inquiries to: or call: 1-600-913-9106 AMERICAN MEDICAL RESPONSE, 530 S. Main St., Suite 1041, Akron, Keep this portion for your records**>~** ·".1 -1 -I

### ! :! 

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## Patient Care Report

Case #: 4382200 Unit 10: 2078 Date: 11!28/2011

Dispatch Information 4382200 01:56:57 14:46:19 15:57:09 16:21:12 16:30:00

16:42:09 17:12:09 17:40:39 No Lights and Siren Final Transport Mode: No Lights and Siren

ALS Assessment: None

Patient Demographics Name: BIALEK, JOHN Address: City, State, Zip:

Pt.# 

# • 

# • 1 of 1

Transfer Reason forTransport: Underlying Medical Condition: 4382200

Cell:

4382200 Other Non-Emergency Impression

History Of Present Illness

Physician:

Past Medical History 

# 2 1 Histort Obtained From: Health Care Personnel Disposition: -Team Transport with Patient From Location: HOSP 2815 SSEACREST BLVD-BOYN, BOYNTON BEACH, FL 33435 lncid!;lnt Location Type: Medical- Hospital To Location: Jet Aviation 1515 PERIMETER RD-WPBH, WEST PALM BEACH, FL 33411 Destination Type: Airport AIRPORT RUN Nature of Call: Caller Name: INTENSIVE AIR AMBULANCE

Age: 

# d 

# a 80 years Male

Caucasian

Transfer Reasons:

Was Specialized Observation Required? Was Pi Ableto Sit in W/C During Trans? Was There Existing Tx To Be Monitored? Was Special Positioning Required? Was Patient on Psych Hold? Was Oxygen Used During Transport?

History: Atlial Fibrillation, Congestive Heart Failure, MRSA, Pacemaker, Renal Failure C-Diff, Hyperlipidemia Allergies: Medications:

Case#: 4382200 Pt: BIALEK, JOHN Print Date: 7/19/201311:26:29 AM P$1n.::. 1 "fRNarrative 43tl2200 Upon arrival with flight crew found 80 year old male patient supine in hospital bed in company of his wife, in care of Bethesda Memorial Hospital, with a CC of Increased swelling and blistering of lower extremities secondary to cardiac issues. Patient has been stabilized and requires transport to fixed wing aircraft for transport to Chicago for ongoing rehabilitation care. Patient lifted to stretcher and turned over to care offlight crew without incident with full report given. Patient has MRSA, all MRSA precautions observed. All care en route provided by Flighl Medic Maynard Blodgett. HEENT: Clear, Neck: -JVD,-Trachael Deviation, Chest Rise and Fall "'• Abdomen : SNTx4, Pelvis: Stable, Extremities: Noted minor bruising and skin tear to Left Forearm. All other extremfiies unremarkable. Vitals taken and assessed en route as above. Patient loaded safely into fixed wing aircraft without incident, with full report given, in Stable condition.

Vitals

Time 16:55:00 17:41:00 

### BP 110/68 {82) 110/72 (85) Patient Disposition Pulse 100 98
4382200 RR 20 20

Mileage Scene: 0.0 SPo2%

Mileage Hospital: 16.0 Total Mileage: 16.0 GCS Performed By turner, zachary,AMR Carmenate, Javier,AMR

Patient Medical Insurances 4382200
Guarantor:

Self BIALEK, JOHN

Addendum Date 11/2812011 11/28/2011 1stAttendant

Number:

# ••1
Certification: EMT

Case#: 4382200 Entered By ZTURNER ZTURNER

## ;; 4382200 Addendum Employer:

RFT: Patient requires transport to fiXed wing aircraft for Medical transport to Chicago. Medical Necessity: Patient cannot travel safelyby wheelchair due to extreme weakness all over secondary to recent cardiac history and renal failure. Patient requires isolation precautions for MRSA. 

### l 2nd Attendant: j 3rd Attendant: Flight Crew

Number: Certification: EMT Hospital Signature:



# n col

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# "1

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Pt BIALEK, JOHN Print Date: 7/19/2013 11:26:29 AM11/28/2011 at I6:42:09

I acknowledge that I am legally responsible for the ambulance services provided to me. Irequest and assign payment ofauthorized Medicare benefits and/or other insurance benefits be made on my behalfto AMR directly for any ambulance services and supplies furnished to me by AMR, whether in the past, now or in the future. Iauthorize any holder ofmedical information about me or other relevant documentation about me to release to the Centers for Medicare and Medicaid Services and its agents and contractors, any and all appropriate third partypayers and their respective agents and contractors, as well as.AMR, any information or documentation in their possession needed to determine these benefits and/or the benefits payable for related services, whether in the past, now, or in the future. Iagree to cooperate with AMR or its agent in collecting any such benefits. acknowledge that Ihave been provided with a copy ofAMR's Notice ofPrivacy J>ractices. Iexpressly authorize AMR or its agents or associates to contact me or any responsible party at any phone number provided, including any cellular phone number provided, for the purpose ofresolving any unpaid balances or other pertinent issues. Nothing herein shall relieve me from dire<..'t financial responsibility for DnY charges not paid by an insurer. I further agree to send promptly to AMR any payments that an insurer forwards to me.

Case #: 4382200 Pt: BIALEK, JOHN Print Date: 7/19/201311:26:29 AM·.:_ J
I



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Print Date: 7119/2013 11 :26:29 AMSupply Descripton MISC DISPOSABLE ITEMS

Case#: 4382200 Pt: BIALEK, JOHN Quantity 1 3028

# R4~fJ Print Date: 7/19/2013 11:26:29 AM**P::u-t,:;~.R** nf R.·:·:.



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## EXHIBIT 

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## oo4G

### # Description 1 IR- John Merrill dtd 20111129- 2 pp Trans North FAA 2013 - 0046 Agency Exhibits

2 Air Carrier Cert dtd 19801105 Trans North- 1 pp 3 Op Specs PP A006-1, A006-2, dtd 20091120; A007-1 dtd 20090527 4 Op Specs pp A008-1 to A008-5 dtd 20100923 5 EBFA- Trans North- 1 pp 6 FAA Accident/Incident Rpt- 3 pp 7 TC Maynard Blodgett- dtd 20111207 - 2 pp 

### 8 Load Manifest Form 70-450 dtd 20111128- pp 2 

### 9 Schematic flight plan- 1 pp dtd- 20111127 10 IFR N59773 PltPian.com printout- dtd 20111214-4 pp 11 Printout from FlightAware N59773- dtd 20111207- 1 pp 12 Airman Info Rpt- dtd 20111208-4 pp 13 TC Andrew Wolf- dtd 20111207- 2 pp 14 Log Book- Wolf- 2 pp 15 Airman Info Rpt- dtd 20111207- 2 pp 16 Ltr Barnett to Boerman- dtd 20111219- 1 pp 17 Ltr Barnett to Boerman- dtd 20120113- 2 pp 18 TC Quentin Levitte, Asst CP
- 20111214- 2 pp 19 20 21 22 23 24 25 26 27 28 29 ID IN X X X X X X X X X NO X X X X X X X NO X X X X X X X NO X X X X X X X X X X X

### Date: November 29, 2011 Time: 1700 local Inspector Report

Location: Milwaukee Flight Standards District Office Names ofPersons in Conference: FAA: John M Merrill and Catherine Vuksanovic EFBA President/Director ofOperations: Ronald Schaberg EFBA ChiefPilot: Ken Fox Subject:

. Trans North Aviation, LTD aircraft N59773

Trans North's management requested a meeting with me to inform me ofthe events of N59773's accident. Those who were present are listed above. During this meeting, I believe information was passed along to mepertaining to the accident that Trans North had not disclosed to the DuPage FSDO and NTSB earlier that day. Specifically, itwas stated that they had spoken withpassenger Andrew Wolf, who is also a Commercial pilot. Andrew told Ken that prior to the accident, Pilot Bill Didierhad put the aircraft's fuel into cross feed. Andrew told Ken that when this was done, he became confused and felt it was the wrong thing to do at the time. Andrew also said that he asked Bill ifthey should declare an emergency and go "straight in" instead ofcircling, in which Bill said "no, I've got this". Finally, Ken told me he spoke with the surviving medic on board and he stated he "saw the fuel lights flicker right beforeboth engines quit". Ron and Kenboth discussed Bill's pilot ability during the meeting. Theyboth stated that Bill was not thebestpilot and that they had considered firing him over the summer. Ron noted that he only assigned Bill to trips requiring two pilot crews. Ken said that Bill wasn't thebest pilot. He later clarified that statementby saying he felt Bill flew okay, but wouldjustmiss simple things such as forgetting to close a cowl flap. Both added that Bill had a "refresher" flight with Ken prior to the accident since that aircraft had not flown for some time. It

### was said that Bill flew a CE-340 the previous day and had to land in Indiana (KCFJ) due to an inoperative attitude indicator. The assistant chiefpilot, Quentin Levitte, flew N59773 from KOSH to KCFJ with Andrew Wolf, to replace the aircraft's med flight. It was stated to me that the company wanted Quentin to remain with the CE-340 and have 1 \

### -~:,t

## ··( 7 ·" Bill pilot N59773 instead because the company felt more comfortable having Quentin 

### fly't 

## t the CE-340, once fixed, in case the attitude indicator malfunctioned again. The company , ....**:~** 

### felt that Quentin would better handle an emergency than Bill and that "Bill very well

## ~~:··i/ would auger it (CE-340) in ifthe instrument failed".



## l!oRoFFICIALusE

# oNLYJ 

# E,I,IT 17/ti)z Jf-

### Ron made a statement that Ken had Bill texting in fuel remaining every time he landed and that Ken instructed Bill to never fly over 3 hours and 30 minutes. When asked why this was done, Ron said there was a flight where Bill landed in Oshkosh with very little fuel remaining. Ken then interjected by stating Bill had landed with 30-45 minutes fuel remaining. I 

### questioned the time restriction and Ken stated that he instructed all the pilots to not fly over this time for safety. He said the company thought about making this a policy, but never followed through. Ron explained how he exercised operational control. He had a series of"back and forth" text messages betweenhimselfand Bill discussing such things as fuel prices, hotel rooms upon arrival in KPWK, and most importantly, Bill notifying Ron that he was ready to depart for KPWK. There was more discussed in this meeting, mainly personal issues revolving around Ron and his future plans. None ofthe information above**was~** 

### passed along to me prior to this meeting. Myselfand other inspectors from this office have recently completed numerous surveillance activities on EBFA including observations ofcompany Check Airman, records inspections, and other items included in our National Surveillance Program. I 

### have also been working closely with EBFA in completing a revision to their company manual (GOM). Unfortunately, this revision has taken some time to complete due to the request for Cockpit Access Security System (CASS), new procedures for keeping Electronic recordkeeping, and other procedural changes I 

### found would better organize the operation as a whole. Sincerely, 

## 'S;)./

# frt~ c:.-{ob;' M 

### Merrill Principal Operations Inspector FAA Milwaukee Flight Standards

... ; ..**~;'** ,.**~** .

# ·~ EXHIBIT 

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·. :.**~** ..-: :;

# .**~** U.S Deportment ofTransportation FederolAviation

. Administration 

# Air Carrier Certificate

This certifies 

# that TRANS NORTH AVIATION LTD. EAGLE RIVER AIRPORT EAGLE RIVER, WI 54521

has met the requirements of the Federal Aviation Act of 1958, as amended, and the rules, regulations, and standards prescribed thereunder for the issuance of this certificate and is hereby authorized to operate as an air carrier and conduct common carriage operations in accordance with said Act and the rules, regulations, and standards prescribed thereunder and the terms, conditions, and limitations contained in the approved operations specifications.
This certificate is not transferable and, unless sooner surrendered, suspended, or revoked, sh;3.ll continue in effect indefinitely.

Certificate number: 

### EBFA443D Effective date: NOVEMBER 5, 1980 RE-ISSUED: 

### APRIL 14, 1989 Issued at:

____ G_L_ 1

_

3

___ _

. l : · ..**~** a:·**~ ~**  FAA Form 8430-18 (6-87)

'.:**~;** •• !. ' •... ,: .•. :. :. :.· •.<f"··:-.::·· .· '.".. 

### By Direction of the Administrator.

(Title) GREAT LAKES MILWAUKEE FSDO (Region/Office)U.S. Department ofTransportation Federal Aviation Administration 

### Operations Specifications



### A006

. Management Personnel HQ Control: 10/19/2009 HQ Revision: 030 The certificate holder is authorized the following management positions:

a. The certificate holder uses the following named personnel in the 14 CFR Part 135 management positions listed below. All management personnel listed in this operations specification must be direct employees ofthe certificate holder. 

### Table 1- Authorized Management Positions and Personnel Part 119 Position Title ChiefPilot Director ofMaintenance Dir. ofOperations, Part 135



### Print Date: 11110/2009 Name CompanyEquivalentPosition Title Fox, Ken ChiefPilot Keenan, James Director ofMaintenance Schaberg, Ronald J. Director ofOperations



### 2

# ~c)' )G ·'( 

## ?/_,) 

# ;;gO
EXHIBIT 11 

# II) 

# 11/Zr-3b)**.Jt~** I
A006-l Ce1iificate No.: EBFA443D TRANS NORTH AVIATION LTDU.S. Department ofTransportation Federal Aviation Administration Operations Specifications

1. Issued by the Federal Aviation Administration. 2. Support information reference: 3. These Operations Specifications are approved by direction ofthe Administrator.

2009.1 1.10 21:32::\ I Central Standard Time Location:**W~bOPSS** Digitally**sign~d** by**Cathcrin~** C**Vuksano1·i~** on hdmlfofMerrill

. .John M. Principal Operations lnspcctnr

4. Date Approval is effective: 11110/2009 Amendment Number: 5. I hereby accept and receive the Operations Specifications in this paragraph.

Fox, Ken, ChiefPilot

Print Date: 11/10/2009 A006-2 TRANS NORTH AVIATION LTD Date: 11/10/2009

Certificate No.: EBF A443DU.S. Department ofTransportation Federal Aviation Administration A007. Other Designated Persons Operations Specifications
HQControl HQ Revision

a. The following person is designated as the certificate holder's Agent for Service: Ronald .J. Schaberg, Eagle River Airport P.O. Box 1445 Eagle River, WI 54521 12/19/06 020

b. The following personnel are designated to officially apply for and receive operations specifications for the certificate holder as indicated below. T bl 1 P

a e - ersonneID. tdt A I fi es1_gna e o •PPI:t_ or andR ece1ve 0 f 

## s "fi f lll_era IOnS )peel ICa IOnS Title Name Parts Authorized President Ronald J. Schaberg, ABCDE ChiefPilot Fox, Ken ABC Director ofMaintenance Keenan, James DE

c. The following personnel or company email boxes are designated to receive Safety Alert for Operators (SAPO) and/or Information for Operators (INFO) messages tor the certificate holder as indicated below. A receipt ofthe information by an air carrier or person is not required. Table 2- Personnel to Receive SAFOs and/or INFOs Name Telephone No.

I. Issued by the Federal Aviation Administration. 2. Support information reference: 3. These Operations Specifications are approved by direction ofthe Administrator.
Vuksanovic, Catherine C. Principal Operations Inspector GLI3 4. Date Approval is effective: 5/27/09 Amendment Number: 5 5. I hereby accept and receive the Operations Specifications in this paragraph.

Fox, Ken ChiefPilot Date: 5/27/09

Print Date: 5/27/2009 A007-l Certificate No.: EBFA443D TRANS NORTH AVIATION L TOU.S. Department of Transportation Federal Aviation Administration Operations Specifications



### A008. Operational Control HQ Control: 10/19/2009 HQ Revision: 030

a. The system described or referenced below shall be used by the certificate holder that conducts operations under 14 CFR Part 135 to provide operational control for its flight operations. The essential elements ofoperational control described in subparagraph d. below must be included or described in that system.

Company Manual Chp 2a, Chp 3a

b. Certificate Holder Responsibilities: (1) The certificate holder retains all responsibility for the operational control ofaircraft operations, and thus the safety ofeach flight conducted under this certificate and operations specification, including the actions or inactions ofall direct employees and agents ofthe certificate holder. (2) This responsibility is not transferable to any other person or entity. (3) The certificate holder's responsibility for operational control supersedes any agreement, contract, understanding or arrangement, either oral or written, expressed or implied, between any persons or entities. '" •

c. The certificate holder may not engage in any ofthe following practices and shall not: (I) Franchise or share the certificate holder's authority for the conduct ofoperations under its certificate and operations specifications to or with another person or entity. (2) Use a "Doing Business As" (DBA) name in any way that represents an entity that does not hold an air carrier or operating certificate and operations specifications as having such a certificate and operations specifications. (3) Engage in a Wet Lease Contrary to 14 CFR Section 119.53. In accordance with Section 119.53(b), the certificate holder may not wet lease from or enter into any wet leasing arrangement with any person not authorized by the FAA to engage in common carriage operations under 14 CFR Parts 121 or 135 (as appropriate), whereby that other person provides an aircraft and at least one crewmember to the certificate holder. A lease, or other business arrangement with a lease, is considered a wet lease ifany ofthe following conditions exists: (a) The certificate holder and the aircraft owner/lessor agree that the certificate holder is required to use the aircraft owner's/lessor's pilot in Part 135 operations, (b) The aircraft owner/lessor is obligated to furnish pilots to the certificate holder to operate the aircraft, or, (c) The aircraft owner/lessor has the power to veto who the certificate holder will use to 

# ? .

.

.



## ------------------ .. ' EXf11$1T Print Date: 9/23/2010 A008-l Certificate No.: EBFA4 

# I Jl-l{ TRANS NORTH AVIATION "§

## ~3/t'} LTD 1 

## 1L,/r

J

### ;~- 

### IU.S. Department of Transportation Federal Aviation Administration Operations Specifications
pilot the aircraft in Part 135 operations, so as to limit the certificate holder to using only the owner/lessor's pilots. (4) Transfer, surrender, abrogate, or share operational control responsibility with any party. (5) Engage in any arrangement with an aircraft owner, lessor or any other person or entity, such as an aircraft management entity, which allows the use ofan aircraft for operations under these operations specifications without a complete, effective and sustainable transfer ofoperational control to the certificate holder for all Part 135 operations conducted tmder these operations specifications. d. Elements ofOperational Control. The following items are essential elements ofoperational control and are required to be components ofthe operational control system, used by the certificate holder, and as described or referenced in subparagraph a. above: (1) Crewmember Requirements. The certificate holder may not conduct any operation under Part 135, unless each ofthe certificate holder's crewmembers is: (a) The certificate holder's direct employee or agent during every aspect ofthe Part 135 operations, including those aspects related to any pre-flight and post-flight duties. The certificate holder is accountable for the actions and inactions ofthese persons during all its aircraft operations. (b) Currently trained and/or tested, qualified, and holds the appropriate airman and medical certificates to conduct flights for the certificate holder under Part 135, and is otherwise qualified to accept the specific flight assignment, considering flight and rest requirements, airspace qualification and the type ofoperation intended in the assignment. Each pilot must be specifically listed by name and airman certificate number on a list ofpilots maintained by the certificate holder at its main base ofoperations or listed in operations specification A039 or A040, ifapplicable. This information must be available for inspection by the Administrator as specified in Section 135.63. (2) Aircraft Requirements. The ce1iificate holder may not conduct any operation under Prut 135 tmless each aircraft used in its Part 135 operations is: (a) Owned by the certificate holder and remains, without intetTUption in the certificate holder's legal and actual possession (directly or through the certificate holder's employees and agents) during all ofits Pmt 135 f1ights; or (b) Leased by the certificate holder or otherwise in the legal custody ofthe certificate holder and remains in the certificate holder's exclusive possession or custody during all ofits Part 135 flights. (c) For each aircraft which the certificate holder uses tmder these operations specifications, the aircraft owner or other lessee ofthe aircraft may operate the aircraft under Part 91, under the control and responsibility (including potential liability for an unsafe operation) ofthe owner or other lessee, as long as the following condition is met:

- The certificate holder ensures that the maintenance ofthe aircraft continues to adhere to the certificate holder's maintenance program at all times or,

- When the aircraft is returned to the certificate holder but before the aircraft is operated tmder Part 135 again by the certificate holder, that aircraft tmdergoes a11 appropriate airworthiness conformity validation check.

Print Date: 9/23/2010 A008-2 TRANS NORTH AVIATION LTD Certificate No.: EBFA443DU.S. Department of Transportation Federal Aviation Administration Operations Specifications

(3) Exclusive Aircraft Use Requirements for Part 135 Operations. At least one aircraft that meets the requirements for at least one kind ofoperation authorized in the certificate holder's operations specifications must remain in the certificate holder's exclusive legal possession and actual possession (directly or through the certificate holder's employees and agents) as specified in Section 135.25. This aircraft cannot be listed on any other Part 119 certificate holder's operations specification during the term ofthe exclusive use lease. (4) Use ofOther Business Name(s) (DBAs): (a) The certificate holder may not allow or create the circumstances that would enable any other entity to conduct a flight for compensation or hire under Parts 119, 121 or 135 as ifthat entity were the certificate holder. (b) The certificate holder shall not operate an aircraft under Part 135 under the name or fictitious name ofany other person or entity, tmless authorized in operations specification AOOl of these operations specifications. Such authorization does not authorize any person or entity, other than the certificate holder, to conduct operations under the certificate holder's certificate and operations specifications. (c) The certificate holder may not allow the use ofa fictitious name to obscure the certificate holder's responsibility and accountability to exercise operational control over its flight operations. (5) Aircraft Operation Agreements and Other Arrangements. (a) In accordance with Section 119.53(b), the certificate holder may not wet lease from or enter into any wet leasing arrangement with any person not authorized by the FAA to engage in common carriage operation under Parts 121 or 135, whereby that other person provides an aircraft and at least one crewmember to the certificate holder. This requirement does not prohibit the separate use ofa crewmember by the certificate holder when that crewmember is also employed by the aircraft's owner or lessor. (b) Any agreement or arrangement between the certificate holder and an aircraft owner must fully explain how the certificate holder oversees and ensures that only airworthy aircraft are used in its Part 135 operations. (c) The certificate holder's operational control system must include a system ofensuring that it has complete, effective and sustainable operational control over each aircraft operated w1der these operations specifications, and that no surrender or loss ofoperational control exists. (d) The certificate holder may not operate any aircraft in Part 135 operations, which is subject to an agreement between the certificate holder and the aircraft owner or any lessee ofthe aircraft, ifthat agreement shifts liability and accountability for the safety ofthe certificate holder's Part 135 flight operations from the certificate holder to the aircraft owner or other parties. (6) Management Personnel and Persons Authorized to Exercise Operational Control: (a) Prior to conducting a Part 135 flight or series offlights, at least one management person listed in operations specification A006, Management Personnel, ofthese operations specifications or a management person designee who is a direct employee ofthe certificate holder, other than a pilot

Print Date: 9/23/2010 A008-3 TRANS NORTH AVIATION LTD Ce1tificate No.: EBFA443DU.S. Department ofTransportation Federal Aviation Administration Operations Specifications
assigned to the specific flight or series offlight, must determine and have sufficient knowledge ofthe following: (i) Whether each assigned crewmember is qualified and eligible to serve as a required crewmember in the aircraft and type ofoperation to which the crewmember is assigned (see subparagraph d.(l)(b) above) and (ii) Whether the aircraft assigned for use is listed in operations specification D085, and is airworthy under the certificate holder's FAA-approved maintenance, inspection, or airworthiness program, as appropriate. (b) Prior to conducting a Part 135 flight or series offlights, at least the pilot assigned in accordance with subparagraph d.(6)(a)(i) above must determine and have sufficient knowledge of the following: (i) Whether a Part 135 flight or series offlights can be initiated, conducted, or terminated safely and in accordance with the authorizations, limitations, and procedures approved in the certificate holder's operations specifications, general operations manual, or subparagraph a. above and the appropriate regulations. (ii) Notwithstanding the requirements ofsubparagraph d.(6)(a) above, this determination and knowledge described in subparagraph d.(6)(b)(i) above may be made for the certificate holder by pilots and/or flight crewmembers assigned to a flight or series offlights, in accordance with policies, procedures, and standards prescribed by the certificate holder. (A) Such non-management persons shall meet the requirements ofSection 119.69 (d), and their names, titles, and duties, responsibilities, and authorities shall be specified in the general operations manual, or described in subparagraph a. above, or (B) Those certificate holders issued operations specification A039 or A040, the persons listed in those operations specifications must determine and have sufficient knowledge of whether a Part I3 5 flight or series offlights can be initiated, conducted, or terminated safely in accordance with the authorizations, limitations, and procedures approved in subparagraph a. above and in accordance with the appropriate regulations. (7) Operational Control Information Requirements: (a) Prior to the certificate holder conducting any flight operation tmder Part 135, the cettificate holder must provide inf01mation to the designated pilot in command (PIC) that indicates which flight or series offlights will be conducted under Part 135, that indicates which Part 91 f1ights will be conducted by the certificate holder, and that the certificate holder is accountable and responsible for the safe operations ofthese flights or series offlights. (For those issued operations specification A039 or A040 the pilots listed in those operations specifications are accountable and responsible for the safe operations ofthese f1ights or series offlights.) (b) The system ofoperational control for Part 135 operations must ensure that each pilot is knowledgeable that the failure ofa pilot to adhere to the certificate holder's directions and instmctions, or compliance with directions or instructions from an aircraft owner (other than the certificate holder), or any other outside private person or private entity, that are contrary to the certificate holder's directions or instructions, while operating aircraft under these operations specifications, may be contrary to Parts 119 and/or 135, and therefore may be subject to legal

Print Date: 9/23/2010 A008-4 Certificate No.: EBFA443D TRANS NORTH AVIATION LTD 

# ;t-t·-!U.S. Department of Transportation Federal Aviation Administration
enforcement action by the FAA. Operations Specifications

(c) These requirements do not apply to the following: (i) Air Traffic Control instructions, clearances, Notices to Airmen (NOTAMs) received fi:om FAA or cognizant foreign Air Traffic Control authorities, (ii) Aeronautical safety offlight information received by the pilot, and, (iii) Operation under the emergency authority ofthe PIC in accordance with Section 91.3(b), and /or Section 135.19(b).

1. Issued by the Federal Aviation Administration

. 2. Support information reference: 3. These Operations Specifications are approved by direction ofthe Administrator.

20 I0.0').23 18:-1'):2-ll\:ntrul Daylight Tim-: l.ocatiOII: WebOPSS Digitally signed by Catherine C' Vuksunm·ic oil behalfot"l\lcrrill. John M. 1'1·incipal Operations Inspector ((iLl.l)

4. Date Approval is effective: 10/01/2010 Amendment Number: 2 5. I hereby accept and receive the Operations Specifications in this paragraph.

Fox, Ken, ChiefPilot

Print Date: 9/23/2010 A008-5 TRANS NORTH AVIATION LTD Date: 10/0112010

Certificate No.: EBFA443D

## 135 Surveillance Priority Index for EBFA- TRANS NORTH AVIATION LTD 12/2/2011 2:37:24 PM Generated on December 2, 2011

Data Derived Factors Fatal Accidents within past 3 yrs. Non-Fatal Accidents within past 3 yrs. Incidents within past 3 yrs. Violations within past 3 yrs. DoD Activity Flag in Concern state? Management changes in past yr. Principal Inspector changes in past yr. Passenger carrying capacity (#seats)

Average Surveillances per Aircraft (past year)

Number of System Inspections in past 3 yrs. New Entrant (within past 5 yrs.)? 

## Priority Index
EBFA Criteria for

Data PointAssignment 0 

### 1 pt(s). per accident (3 pts. maximum) 0 

### 1 pt(s). per accident (2 pts. maximum) 0 

### 1 pt(s). per incident**~** 

### 1 pt(s). per violation No 1 pt(s). if "Yes" 0 

### 1 pt(s). if> 1 0 

### 1 pt(s). if> 1 28 

### 0 pt(s). if no seats 1 pt(s). if> 0 and < 10 seats 2 pt(s). if>= 10 and<= 20 seats 3 pt(s). if> 20 seats 2.80 

### 3 pt(s). if 0 per aircraft 2 pt(s). if> 0 and <= 4 per aircraft 1 pt(s). if> 4 and<= 10 per aircraft 0 pt(s). if> 10 and<= 20 per aircraft -1 pt(s). if> 20 and <= 30 per aircraft -2 pt(s). if> 30 per aircraft 

## 0 -2 pt(s). if> 0 No 1 pt(s). if "Yes" 

## Calculated Index Value 0 0 

## 0 3 0 0 

## 0 3

2



## 0 0 

## Principal InspectorAssessment Factors (as of 10/13/2011) Rapid Expansion? No 1 pt(s). if "Yes" 0 Labor Disputes? Yes 1 pt(s). if "Yes" 

## 1 Financial Distress? No 1 pt(s). if "Yes" 0 Mergers I 

### Takeovers? No 1 pt(s). if "Yes" 0 High Employee Turnover? Yes 1 pt(s). if "Yes" 1 Non-Compliant Attitude? No 1 pt(s). if "Yes" 0 Poor Safety Culture? Yes 1 pt(s). if "Yes" 1 Challenging Operational Environment? Yes 1 pt(s). if "Yes" 1 Participates in a Safety Program? No -1 pt(s). if "Yes" 0 

## Priority Index 12
SPAS Feedback For Official Use Only Public availability to be determined under 5 U.S.C. 552 

# J**E'~IT ~~:¢}**  

# · .....**~-+** 135 Surv Priority Index Data S

... 

# Ar-,) 2

### I ATQA REPORT NUMBER IAIW A 14 IS 11 11 10 2 17 I 

# 0 FAA ACCIDENT I 

### INCIDENT REPORT 2. AMENDED DATE MOLD DACDYR[IJ 14. FAR PART NUMBER 15A. TYPE OF AIRCRAFT I. ACCIDENT 

## [X] INCIDENT 

# D 91 X AIRPLANE BLIMP/AlRSHIP ULTRALIGHT 91 SUBPART K(FRACTIONAL) HELICOPTER GYROPLANE LIGHT SPORT 

# [III]**~** 

# [III] 103 GLIDER HOMEBUILT/AMATEUR UAS 105 BALLOON EXPERIMENTAL 3. DATE OFEVENT MO DA YR 121 OTHER

## ~ 

# [!TI] 125 15B. AIRWORTHINESS 129 NONE 4. FAA OFFICE REGION OFFICENUMBER 133 X STANDARD I I PROVISIONAL X I"ON OEMANO RESTRICTED 

### I IPRIMARY 

### I LIMITED 

### lc IE INI 

# [IE] 

# [ill] Io lsl61 

# D 135 COMMUTER SPECIAL LIGHT SPORT AIRCRAFT 137 I 1141 5. NTSB ID OTHER EXPERIMENTAL (SELECT**CERTII~CATE** PURPOSE BEl.OW) LOCATION: CITY/STATE/ZIP 16. POWER PLANT MAKE/MODEL SERIES RESEARCH AND DHVELOPMENf 6. YESO N0[8] SHOWING COMPLIANCE WITH 

### RIVERWOODS IL 60015 REGULATIONS *See Appendix* CREWTRAINING 

### IEIBIFIAI 11. PROPELLER MAKE/MODEL SERIES EXHIBITION 7. OPERATOR NAME 

### *See Appendix* YESDN00 AIR RACING MARKET SURVEY FOUR LETfER IDENTIFIER OPERATINO AMATEUR BUlL T AIRCRAFT 8. AIRPORT 

### CHICAGO EXECUTIVE IPiwiKI I 18. BIOHAZARD AREA

## YE~lj**N~tJ** OPERATING PRIMARY KIT BUILT AIRCRAFT (IF APPLICABLE) 3- OR 4- LETTER 1D BIOHAZARD PPE USED YES NO OPERATING LIGHT SPORT AIRCRAFT 9. LOCAL TIME 24- HOUR CLOCK 

### l2l2l5lol 19. TYPE OFLANDING GEAR CONVENTIONAL SKIS 

### L AMPHIBIOUS HULL lOA. LATITUDE 

### 4 2 09 53 N lOB. LONGITUDE 

### 8

### 7 53 53 w X TRICYCLE AMPHIBIOUS FLOATS 

### I OTHER II. AIRCRAFTDAMAGE

## 0 NONE

## 0**MINOR~** SUBSTANTJALD DESTROYED FLOATS SKIDS COLLISION- BETWEEN TWO AIRCRAFT @YES BAIR 20o INJURY/ON-BOARD SUMMARY UNKNOWN L 12. NO GROUND FLToCREW CABIN CREW PASSENGERS OTHER TOTAL 

# I REGISTRATION NUMBER UNINJURED 13. AIRCRAFT SECOND AIRCRAFT REGISTRATION 

### N59773 YEAR OF 

### 111917151 MINOR MANUFACTURE SERIOUS 1 1 2 MAKE/MODEL 

### PIPER PA-31 350 TOTAL 

### I1I:ZI6I3IQI AIRFRAME HRS. FATAL 1 2 3 SERlALNOo 

### 31-7652044 AIRFRAME**CYCLE~** 

### I I I I I TOTAL 2 1 2 5 21. FACTORS. IDENTIFY PRIMARY FACTOR AS A. IDENTIFY SECONDARY FACTORS, IF ANY, AS X. CHECKING 01'!'ACTORSIS THE OPINIONOF THE INVESTIGATOR/INSPECTOR BASED ON THE INVESTIGATION. 220 TYPE OFOPERATIONS 21A. TECHNICAL FACTORS DNONE 21s. OPERATIONAL FACTORS DNONE GEAR COLLAPSE X LOST POWER 

### A FUEL DEPLETION SABOTAGE UNKNOWN X GEAR UP LANDING FOD 

### X PILOT INDUCED ERROR PILOT INCAPACITATED PERSONAL FIRE OR EXPLOSION AUTO/IMPROPER FUEL GROUND CREW ERROR CARGO PILOT INCPo ALCOHOL FUEL CONTAMINATION CORROSION BLADE/ROTOR FAILURE INFLIGHT FIRE OTHER THAN PILOT DOWNWINDTAKEOFF INSTRUCTION DESIGN OF AIRCRAFT SMOKE/FUMES PARACHUTEINCIDENT CARBURETOR ICE BUSINESS METAL FATIGUE JNFLIGHT BREAKUP OVER GROSS WEIGHT 

### X HIT KNOWN OBJECT CORPORATE IMPROPERMAINTENANCE IMPROPER PART IMPROPER INSTALLATION AVIONICS CO OUT OF LIMITS 

### X EMERGENCY LANDING FERRY AD NON-COMPLIANCE GYRO STRUCK ANIMAL HARD LANDING AERIAL APPLICATION DECOMPRESSION NAVIGATION SYSTEM BIRD STRIKE AERIAL OBSERVATION X AUTO-PILOT OVERSHOT RUNWAY FIRE AFTER LANDING PAX DISTURBANCE SYSTEM FAILURE ALTIMETER UNDERSHOT RUNWAY X AMBULANCE I AIR EVAC RADIO/COMMUNICATION TRANSPONDER STOLEN AIRCRAFT LOSS OF CONTROL FJREFJGHTJNG 21F. JASC CODE COMPONENTFAILURE HJJACK AIRCRAFT BANNERTOW 1210. MANUFACTURER 

# I STALUSPIN 21C. PART NAME 21E. PART NUMBER MISMANAGED GEAR AIR SHOW 23 WX. BRIEFING SOURCE 24. PRECIPITATION MISMANAGED CONTROLS SIGHTSEEING NOT APPLICABLE/NOT AVAILABLE 

### X NOT APPLICABLE/NOT AVAILABLE ABORTED TAKEOFF SKYDIVING I PARACHUTE NATIONAL WEATHER SERVICE RAIN AIRFRAME ICE/FROST AIR TOUR FLIGHT SERVICE STATION HAIL COMMERCIAL WX. SERVICE SLEET WAKETURBULENCE PUBLIC USE PATWAS VOICE RESP. SYSTEM SNOW WEATHER COMMERCIAL COMPANY TV/RADIO WEATHER FREEZING DRIZZLE 26. PHASE OF FLIGHT UNKNOWN D MILITARY 

### X COMPUTER BRIEFING FREEZING RAIN 

### IGROUND !CRUISE MANEUVER PI

REP IJNKNOWN DRIZZLE TAXI DESCENT HOVER/HOLDING OTHER OTHER TAKEOFF LANDING CLIMB DEPARTURE ROLL X APPROACH RUN-UP AREA 25. WEATHER FACTORS <Wl 

# -· ROTATION TOUCHDOWN OTHER NONE I NOT APPLICABLE o ··**.,;('o],]jj.)>ll;}!i)R<Sif~-',;.,""'•M;,.,.<.,;,...;,;,., r:~~l't,Q~'I(Itrrf:l"".-'!'•lf.**  -"":f'<ROLLOUT HAZE**·~ ~eR:e·~~~~·~""'~~ll.~~~~~(.·** ·**'2'r."""Ke'l'U~'THEl{** DUST :**i~ ··WR.'St:J.l'JP:NC~DS~**  fil>**IN.·~ :~:li~~fMc** **~ij!J} ~t**  

# 0; NOT AVAILABLE D SMOKE**~ ,..~~** **.··:9ENSI~>lfh~'1ttbfDii't1'1¥111.wo~:-~··,.,**.....**~**.....**1(1'11......,.~.,.....**.....,",**•-2&.>1R'tfNW;{If\\€0N~'iTIONs** l TIME REPORTED FOG**·b]QJ.Q;))!,WoQ.i];r~J;;--.,...--.-.~~··-~w-•**. .-' "". __**,.oNl.l~Arf.l..lcULJi:**••**[~J** 

### , 

### I I I I I t**o~··-o··o** :sLusH 

## 0 sNow (WET) 

## 0 sNow (DRYJ BLOWING DUST .BJ.,Q.,WlllJG-SNa.w.-,

. ..,..,............**~**..., •. _ .. ·· .. ,**E:J~,,DR~.** \::-WET\'; · BLOWING SMOKE ,WHn:EDUJ:.,.,

..........J.,..-."'."·lSMGG

.. o .., ··-··

. o•

### [j"~~~:ifoVr:J,WD) 

## 0 u:iE(PATCHES) 

# n STANDING WATER WINilSJWA$.

...........

### .l

....**·~~"lo.SANDST.ORM** • ICING CONDITIONS 

# . ··.**·o";~~~-,**

# "''

.. ·

## ex;,~o•r GUSTY WINDS 

### X. QTH"ER**.J.~4,Q"O** .Q_v

..r;.
__,,......**,~.** , "-.o·"·o•o •...• FAA Fonn 8020-23 (01-10) SUPERSEDES FAA FORMS 8020-5 and 8020-16 INFORMATION IS PRELIMINARY AND SUBJECT TO CHA 

# I

...... ·.

# ~ . . . 

# [Fol{_OFF!CJIAL l}SE

# ~~-]

# ~~ ·a,7/p369

...Jft ,..z;VI.,..;;- l'

### I

. . . I

. . .29. PILOT TRAINING (CHECK ALL THAT APPLY, RECORD THE TWO MOST RECENT TRAINING EVENTS, IF APPLICABLE/AVAILABLE.) YES NO UNK SAFETY SEMINAR/CLINIC X WINGS PROGRAM X AIR CARRIER INITIAL X AIR CARRIER RECURRENT X AIR CARRIER RE-QUALIFICATION X (MO/DA/YR) AIR CARRIER TRANSITION SIMULATOR COMM/THIRD PARTY (CONTRACT TRAINING) OTHER YES NO UNK X X X X M I DA/YR

30. EVACUATION OVERVIEW (AIR CARRIER ONLY) EVACUATION INITIATED 

## 0 YES 

### (8] NO EVACUATION INJURIES 

## 0 YES 

## 0 NO
31 

### PILOTINFORMATION NOT APPLICABLE 

## 0 CERTIFICATE TYPE NAME DATE OF BIRTH
DATE HIRED (AIR CARRIER ONLY) DOMICILE ZIP CODE
HOURS IN MAKE AND MODEL
HOURS IN LAST 90 DAYS HOURS IN LAST YEAR
TOTAL HOURS CERTIFJCATE NO.

REGULATORY CHECK RIDE**~----:1** 

### X X 

# I I I I[SISJ

X

MO DA YR RECREATIONAL
STUDENT

PRIVATE 

### X

COMMERCIAL 

### X

FLIGHT INST. 

### X

ATP
FOREIGN PILOT
SPORT NON-PILOT

OTHER

32. CORRECTIVEACTION(S) PLANNED ORINITIATED**NONE~** 44709RE-EXAM

## D SDR

## D COUNSELING 

## D EIR

## D
MALFUNCTION OR DEFECT REPORT 

## D OTHER 

## D
33. NARRATIVE (ATTACH ADDITIONAL SHEETS AS NECESSARY) SECOND PILOT

(ONLY STATE FACTS OR SEQUENCE OF EVENTS THAT ARE RELEVANT TO THE ACCIDENT OR INCIDENT) 

### *See Appendix*

CONDUCT OF INVESTIGATION
34. NTSB PARTICIPATION ON-SCENE 

### [8] LIMITED 

# D NONE

# D 35. FAAPARTICIPATION**ON-SCENE~** NOT ON-SCENE

# D SCENE NOT ACCESSIBLE

# D

36. FAA INITIAL NOTIFICATION 37. FSDO NOTIFICATION 38. FAA IIC ARRIVAL ON SCENE DATE AND LOCAL TIME 

## [IliJ [lli] 

## ITli] DATE AND LOCAL TIME 

## [ill] [iliJ [liT] DATE AND LOCAL TIME 

## []TI] [ill] 

## []JJJ MO DA YR MO DA YR MO DA YR



# 1212151 0 

# I 24- HOURCLOCK 

# I0 

# Ill 0 

# I0 124-HOURCLOCK 

# 121 0 

# I31 0 

# I 24-HRCLOCK 39

# ·1 I3I8I**~** FAA HOURS USED FOR

L.--'--'---'-- ,! "J "J TOTAL INVESTIGATION 40. 

## I2 14 

## I**~** TOTAL HOURS USED

. . ·**~** ATACCIDENTSCENE 41 

# I 

# 11141**~** TOTAL TRAVEL HOURS L.--'--L. :o:..t.

. ..=...J.**•~** TO & FROM SCENE 42. FAA NINE RESPONSIBILITIES IDENTIFICATION OF RESPONSIBILITIES IS THE INVESTIGATORS OPINION BASED ON HIS/HER INVESTIGATION I. FAA FACILITIES YES D NO 

### [8] 4. AIRMAN/AIR AGENCY COMPETENCE YEs

### [g) NOD 7. SECURITY YESD NO 

### [8]

2. NON FAA FACILITIES YES D NO 

### [Rj 5. FAR CHANGE NEEDED YESD NO 

## [8] 8. AIRMAN MEDICAL QUAL!F. YESD NO 

### [gj

3. AIRWORTHINESS YES D**NO~** 6. AIRPORTCERTIFICATION YEso NO 

## [8] 9. FAR VIOLATION YES 

### [g) NO 

# 0

·.; b.i!"'. :: "11

...**~** .. 43 BRIEF EXPLANATION OF ISSUES INVOLVED•·"'"'''· •·• ''"'"'·'·· ,.,...., '"**·•••····~·** ·· '·' ·•**····.::""'·.··-~··•·"'·.,_~""~"'~'"··•""""''N""''"' ~.** '• 

# 4. AIRMAN'S

### COMPETEN~El":.':P<:S· 'fO

### T''~'l'!r·**~M-fE,3~-"·~1t(SJ;l'Mli~t""'e'l'f;';!:PfL.** 9. FAR VIOLATION AS

## 'J:i()'-'lCfm~' RES''t/DUt'Y

## ~TIM~::vre;t,A~~t5~p:~ FLIGHT WITH KNOWN MALFUNCTIONS NOT

## RECORDEIY'nr-·b!"S"C~RE'Plffi'CY"'~tOb~""''~Al)~'QUATE RESERVE FUEL FOR IFR FLIGHT. UNQUALIF:t'E·f5·-

.

### .-~I.Q5'[~~~'R!O:i3,~.t!~f~:¢1'{~]?~tlE·s-"IDURING A 

# 14 CFR PART 135 

### FLIGHT.

..**···"·:-"~"···~·--** 

### : ......**~·**

### ..**·~-··~ ·:~t:::Ci**  DISTRICT OFFICE 45 FAA Form 8020-23 (01-10) SUPERSEDES FAA FORMS 8020-5 Rlld 8020-16 INFORMATION IS PRELIMINARY AND SUBJECT TO**CHA~GE,** NSN: 0052-00-923-1000

# A·
1

### FoRoFFICIAL usE oNL v I 

# ExHffi·rr**~** 

# ..,__/?J7. OPERATOR NAME 

### TRANS NORTH AVIATION LTD 16. POWER PLANT MAKE/MODEL/SERIES 

### LYCOMING TI0-540 SER 33. NARRATIVE 

### Appendix Report Number : 

### AWA4 51102 7

ON NOVEMBER 28, 2011, ·AT APPROXIMATELY 2250 CENTRAL STANDARD TIME {CST) {0550Z), N59773, PIPER PA-31-350 CHIEFTAIN, OWNED AND OPERATED BY TRANS NORTH AVIATION, LTD., CRASHED IN RIVERWOODS, ILLINOIS, APPROXIMATELY 3 NAUTICAL MILES NORTHEAST 

### OF CHICAGO EXECUTIVE AIRPORT {PWK)

. THE AIRCRAFT WAS SUBSTANTIALLY DAMAGED BY IMPACT FORCES. ON BOARD WERE THE PILOT, A PILOT-RATED PASSENGER, A FLIGHT NURSE, A PATIENT AND HIS WIFE. THE PILOT, THE PATIENT AND HIS WIFE ALL RECEIVED FATAL INJURIES. THE PILOT-RATED PASSENGER AND THE FLIGHT NURSE RECEIVED NON-LIFE-THREATENING, SERIOUS INJURIES. THERE WERE NO GROUND INJURIES OR SIGNIFICANT GROUND DAMAGE. WEATHER AT T:fiE TIMK,OF THE CRASH WAS NIGHT VISUAL METEOROLOGICAL CONDITIONS, WIND FROM THE NORTH AT 9 KNOTS.
DUPAGE FSDO INVESTIGATING CIRCUMSTANCES FOR POSSIBLE CERTIFICATE ACTIONS.

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Appendix Page 1 

## [FoROFFICIAL USE ONLY

# JTIME DATE RECORD OF DVISIT D CONFERENCE OR**~** TELEPHONE CALL 

### 10:30 AM 12/07/2011

NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOCATION ROUTING 

### Mr. Maynard Blodgett SYMBOL INITIALS

SUBJECT 

### N59773

DIGEST 

### see attachment



# -sr-lz.? ..L\. CONCLUSION, ACTION TAKEN, OR REQUIRED 1;,1**.r{~**

# ~~ 

# I**EX~~IT** ,-- 

## ?/zJit.i. JA-- s I-- I



# . DATE TITLE SIGNQ I

## ~W 12/07/2011 Sandra Boerman 1--

# 7~~-~~~ FAA Form 1360-33 (4-75) Formerly FAA Form 1522 AFS-Eieetrenie-Forms-Syste111- v2.2 

# eXHIBIT 

# T;i19 onR OFFICIAL USE ONLY 

# [Fu

__ I 

# l (__DIGEST (CONT.): Inspector SandraBoerman interviewed Mr. Maynard Blodgett on December 7, 2011. Mr. Blodgett made the below statementtothe best of his recollection. Mr. Blodgett is a paramedic for Travel Care International. On November 28,2011, Mr. Blodgett was assigned has a crewmember for a trip from to Crawfordsville, Crawfordsville, Indiana (KCJF) to KBI to pick up a patient and passenger for a flight to KPWK. The airplane appeared to be topped offatJesup, GA. The fueling started on the right side ofthe airplane and continued to the left side. The fuel pump shut offafter about 160 gallons were pumped. The pump was restarted and the airplane was fueled with more fuel. The flight was normal until they encountered "bad air" and they descended down to about 7,000 feet. He recalls seeing the cockpit gauge indicating that there was a halfhourremaining before reaching KPWK. Mr. Didier remarked on how fast the airplane was flying and the ground speed was about 250/260 mph. Mr. Didier reached down and switched the tanks and rocked the wings. Both engines shut offat the same time. Once they were out ofthe clouds he could see trees. After impact he sawthat the pilot and passenger sustained fatal injuries and did not see Mr. Wolfwho believed to be a new SIC for the company. He exited the airplane and went to a near home for help.
Mr. Blodgett stated that Mr. Didierhad flown all four legs that day.



## FORO:tJ'FICIAL 

## USE ONLY FAA Form 1360-33 (4-75) Formerly FAA Form 1522 AFS Electronic Forms System
- v2.2OTHER CREW

MAX T 0 WEIGHT

Status Sheet AJC**D1screpanc~es**

Charts/maps VOR Check NC Conf1guat1on 

# [_ TRANS NORTH AViATION



# ------:J SIC



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# LLOAD MANIFEST 

# ··----FORM 70::450---·---·-·**~---------------** 

## ...**-----..........·-·---------._;,..----~-u--"------~~-·-•"-•-**

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# 8

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## £3 !' Total Night ·

## ~===~-~~~==~====~ Total: .__ _____ __.Total Night Landings TotaiiFR

Statu& Sheet AJC Discrepancies

Charts/maps VOR Check AIC Configuation NEXT INSPECTION DUE 

## I ;;._8 6 ?



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### i '"'

# November 27, 2011 ·1i·6· ··Q·'.@'·

# cz·· :·· ·. ·-' ·;_ .: .;. .· :· 

### 2.4 Flight Hours
6.0 Duty Hours



# November 28-29, 2011 0058Z Flight Aware/Pilot may have logged in the air (1900CST)


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# ~-**~** 3.7 Flight Hours Part 91/KCFJKPXE



# At0450Z 3.0 Flight Hours 1.8 Flight Hours Part 91/KPXE- Part 135\KPBEKPBI KJES



### 16.7 Duty Hours and/or 7.3 Rest Hours



# 16.7 Duty Day, 12.2 Flight Hours, 7.3 Rest Prior in 24 hour look back. Both survivors stated Mr. Didier was Pilot in Command on all four legs and IFR flight plans list Mr. Didier as PIC.

1 3.7 Flight Hours Part 135\KJESKPWK 

# '} IYI**~(~1!3**

## Re: N59773 

## Ken Wilson - FltPlan.com
to: Sandra Boerman 12/14/2011 08:02PM 

## Cc: Tina ShowDetails Hi Sandra Please find below the flight plans filed and flown for N4599F and N59773 If you need further information or have questions, please let us know. Thanks Ken Wilson Ken@FitPian.com 203-262-8906



## Nov 27, 2011 N4599F ACTIVATED 

## ==================================== Tail number: Flight plan: FPL Type: Type Flight: A/C type: Wake Category: ICAO Equip: Depart: Arrive: Alternate: Depart (UTC) : TAS Cruise Alt: Route: ETE: Item 18: Endurance: SOB: Color: PIC: Address: Phone no.: I 

### N4599F 

### IFR ICAO General Aviation C340 /L 

### DFGLOTU/S KATW KMQY KBNA 11/27/2011 19:09 200 FL190 

### DIRECT 0327 0415 2 

### W/T BILL DIDIER



## [FoROFFICIAL USE

## ~l-"Jlf~**~r.**

# _ _j 12/15/2011 7:05:13 AM

## Nov 28, 2011 N59773 ACTIVATED 

## ==================================== Tail number: Flight plan: FPL Type: A/C type: Equip: Depart: Arrive: Alternate: Depart (UTC) : TAS Cruise Alt: Route: ETE: Endurance: SOB: Color: PIC: Address: Phone no.: N59773 

### IFR NAS (Domestic Format) PA31 /G KPXE KPBI KFXE 11/28/2011 15:46 175 FL070 DIRECT 0247 0415 3 

### W/B BILL DIDIER



## Nov 28, 2011 N59773 ACTIVATED 

## ==================================== Tail number: Flight plan: FPL Type: A/C type: Equip: Depart: Arrive: Alternate: Depart (UTC) : TAS Cruise Alt: Route: ETE: Endurance: SOB: Color: PIC: Address: Phone no.: N59773 

### IFR NAS (Domestic Format) PA31 /G KPBI KJES KSAV 11/28/2011 21:00 179 FLlOO DIRECT 0138 0300 5 

### W/B BILL DIDIER



## Nov 28, 2011 N59773 ACTIVATED 

## ==================================== Tail number: Flight plan: <;'DT rp"'"'"" • 

### N59773 IFR 1\l"ll Q I nrvmoo+'; ,--.**l;',--,rrn:..::"'~+-_;_\**______ _ 

## [!oR OFFICIAL USE

# ONl-~'V-] 12115/2011 7:05:13 AM



# .. ExHffiiT

# S~- 

# A**10 ~ge3**  

## of4

### A/C type:

, Equip: Depart: Arrive: Alternate: Depart (UTC) : TAS Cruise Alt: Route: ETE: Endurance: SOB: Color: PIC: Address: Phone no.: PA31 /G KJES KPWK KDPA 11/28/2011 23:08 179 FL100 DIRECT 03:25 05:00 5 

### W/B BILL DIDIER



## Sandra.Boerman@faa.gov wrote: Tina, 

## 12/15/2011 7:05:13 AM

Please forward me the following information: all flight plans that were "filed and activated" for the following aircraft and dates. 11/27/11

- N4599F and N59773 11/28/11- N4599F and N59773 Thank You Sandy Boerman Principal Operations Inspector 630-443-3108

-----------·---····· 

### JJOR 0Fl7ICIAL USE ON1.'? L-------------·-··--

. 

# EXHIBIT

# ~**~-~e4of4**

## 12/7/2011 8:10:27 AM Origin Destination Departure Arrival Duration Jesup-Wayne County (KJES) Chicago Executive (KPWK) 07:58PM EST Palm Beach Inti (KE1ill Jesup-VVayne

## County~ 05:53PM EST 

## !07:36PM EST 

## ! 1:43 j 

# T

Perry-Houston

## County~) Palm Beach Inti (KPBI) 12:01PM EST vL:54PM EST 2:53

rawfordsville Muni (KCFJ) Perry-Houston County (KPXE) 07:51AM EST 11:28AM EST 3:37 1:32 PA31/G Wittman Rgnl (KOSH) Crawfordsville Muni (KCFJ) 

### ! 06:46PM CST 09:18PM EST

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# \\ !l**~** ! f?St 

### \**~:s~** \Q !



## FlightAware > 

## N59773 Page 1 of 1MSAT·A Home AIDS EISQB 

### Employee Site

< < Previous Page



## Airmen Drill Down NPTRS Airman info Chk Airman NVIS Info



## Airman Information Reported

PREVIOUS CERTIFICATE INFORMATIO.N

• FOR OFFICIAL USE ONLY • Information available within this website covered by the Privacy Act Public availability to be determined under 5 U.S.C. 552
For IT Question/Comments contact AVS National Service Desk at 1-877-287-6731 or send an email to: 9-NATL-AVS- IT -ServiceDesk@faa.gov Readers & 

## 12/8/2011 8:36:34 AM Airman Search


### MyFAA 

### Home

New Airman Search

Gov Sites: USA.gov DOT Intranet Viewers: 

# • • II • II 

# • Date: Thursday, December 08, 2011 Time: 8:36:29 AM Centra!

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## EXHIBIT 

# j All. 7/L3/Q vA

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# EXHIBft'

# ~ 

# A-J1

### ~- 

## Page 1 of 1 [FoROFFICIAL USE ONLY]MSAT·A Home AIDS EISQB

< < Previous Page



## Certificate Drill down NPTRS Airman Info Chk Airman NVIS Info



### Certificate Details
For Airman Data Questions contact AFS-760 at 405-954-3261
For Application Display Questions contact AFS-620 at 405-954-4391**~.** .; This page produced 12/8/2011 8:36:39 AM By: ••••

• FOR OFFICIAL USE ONLY • Information available within this website covered by the Privacy Act Public availability to be determined under 5 U.S.C. 552
For IT Question/Comments contact AVS National Service Desk at 1-877-287-6731 or send an email to: 9-NATL-AVS-IT-ServiceDesk@faa.gov Readers&. 

## 12/8/2011 8:36:42 AM Airman Search
MyFAA Home

New Airman Search

Gov Sites: USA.gov DOT Intranet Viewers: 

# • • • • II Date: Thursday, December 08, 2011 Time: 8:36:40 AM Central 

# •

(FoROFFICIAL

# U~ONL Y]

## 12/8/2011 8:36:54 AM Airman Search MSAT-A Home AIDS EISQB NPTRS Airman Info Chk Airman NVIS Info 

## Employee Site

< < Previous Page



## AID Main Detail MyFAA Home

New Airman Search 

### Accident/Incident Data System (AIDS) Record Selection This page produced 12/8/20118:36:52 AM

# By:••••••
Data reported for ALL possible certificates. No AIDS records were reported. 

### DID.IER, WILLIAM GERARD
•,.. •.
• FOR OFFICIAL USE ONLY • Information available within this website covered by the Privacy Act Public availability to be determined under 5 U.S.C. 552
For IT Question/Comments contact AVS National Service Desk at 1-877-287-6731 or send an email to: 9-·NATL-AVS- IT-.ServiceDesk@faa.gov Readers & Gov Sites: USA.gov DOT Intranet Viewers: 

# • II 

# • • II 

# • Date: Thursday, December 08, 2011 Time: 8:36:52 AM Central



# I FOROFFICIAL USE ONL

# ~]

# EXHIBIT~ . f1 /1-·12..--

## HARNETT LAW OFFICES, 

# P.C.
CHARLES 

## R. BARNETT, 

# III ATTORNEY AT LAW 

### 815-356-8647 815-356-7042 fax LAKE IN THE HILLS AIRPORT (3CK) 8411 PvoTT RoAD, SurTEllO Toll Free 800-578-5512 crb@bamettlegal.com LAKE IN THE HILLS, ILLINOIS 60156- 9704

December 19,2011

Sandra Boerman Principal Operations Inspector DuPage Flight Standards District Office DuPage Airport 31W775 NorthAvenue West Chicago, Illinois 60185-1056 RE: Trans North Aviation, LTD 

### Via facsimile (630) 443-3155 and US Mail

Letter ofInvestigation dated December 9, 2011 DearMs. Boerman, I havethe privilege ofrepresenting Trans North Aviation, LTD in all matters concerning the Federal Aviation Administration. We are inreceipt ofthe above-referenced letter and wish to promptly respondto your investigation as follows: Trans North Aviation, LTD dispatched N59773 onNovember 28, 2011 in accordance with the dispatch requirements of 14 CFR 

### §135. At the time ofdispatchthe pilot in command should have been able to complete the dispatched flight within duty day limitations and with sufficient fuel to comply withthe fuel reserve requirements for an IFRflight. Any potential deviations from the planned flight were made withoutthe express permission orknowledge ofTrans North Aviation, LTD. Trans North Aviation, LTD has fully cooperated with investigators from boththe FAA and NTSB andremains willing to continue to assist to the best ofits ability. Shouldyourequire any additional information, please contactthis office and we will behappyto assist you.**~·l.** 

## [,7-\(,, ? 

# 1ffi3

# ~~**~-)**



### cc: Ronald

### J. SchabergTo: Page 3 of 4 2012-01-13 14:03:37 (GMT)



## BARNETT LAW OFFICES, 

# P.C.
CHARLEs 

## R. BAR..l\"E'IT, 

# m ATTOR."''EY AT LAW 18153567042 From: Charles Barnett



# ----................-=-·.**~· ----~----·······--** 



### 815-356-8647**&15~356-7042** 

### fax LAKE IN THE HILLS AIRPORT 

### (3CK) 

### 8411 

### P'Yo·:rr RoAD, 

### SurT.EllO Toll Free 800-578-5512 crb@barnettlegal.com. LAKE IN THE HILLS; ILLINOIS 60156**~** 

### 9704

SandraBoerman Principal Operations Inspector DuPageFlight Standards DistrictOffice DuPageAirport 31W775 North Avenue 

### West Chicago, Illinois 60185-1056 RE: Trans North Aviation, LID January 

### 13, 2012



### na

### facsimile (630) 443-3155 

### and US Mail

Letter ofInvestigation

### datedDecember**22~** 

### 2011 DearMs. 

### Boerman,. We are 

### inreceiptofthe above-referenc·edletterand peryour

### request,the names ofeach pilotin command

### thatwas assigned by

### TransNorth Aviation, LTD forthe following flights in PiperN59773 

### is as follows:

• November28, 2011: CrawfordsvilleMunicipal Airport,, Crawfordsville, Indiana (KCFJ)- Peny-Houston County, P'erry, Georgia 

### (KPXE)- PilotAndrewWolf. • November 

### 28,2011: KPXE- PalmBeachInternational, West

### PalmBeach, Florida 

### (KPBI)- PilotAndrewWolf. • November28,201I: KPBI- Jesup -Wayne County Airport, Jesup, Georgia(KJES)- P.ilot William Didier. • November 28, 2011: K.JES

- ChicagoExecutiveAirport, Wheeling. illinois (KPWK)

- PilotWilliamDidier. Trans NorthAviationutilizestheirFuel Policy Formprimarily to ensurethatthe quality 

### offuel used is appropriate for safe operations. 

### However, 

### itis the policy andprocedure ofTrans NorthAviationto strictlycomplywithall Federal AviationRegulations and 

### any 

### deviation, should one 

## ooout, by

### Olie 

## ofitspilots 

## is addressed immediately. Ourresearch indicates William Didierreceived.counseling from TransNorth Aviation's ChiefPilotregarding:fuel management. 

### Atnotime 

### did 

### it appear

### that

### M:r. Didierdeviated from

### Federal Aviation Regulations, however, outofanabundance ofcaution, ourChief

### Pilotreviewed

### proper fuel managementprocedures withMr. Didier. ?**-;;'~·-rz**

# ..**~** 

### /(/:).

. 

### Trans NorthAviation, LTD hasfrilly 

### cooperated withinvestigatars.from boththe FAA andNTSB and remains willfulgto continueto assisttothe

### 'bestt ofi!ts abiiity. Shouldyourequire**~** 

### anyadditional infon:nation, please contactthis office andwewillbe happy

### t¢

## as.s~tyou. 

# .6J ,_

······.. ..................

# E.~----_, 

# AFt-TIME DATE RECORD OF DVISIT 

# D CONFERENCE OR 

# IZI TELEPHONE CALL 10:30 AM 12/14/2011
NAME (S) OF PERSON (S) CONTACTED OR IN CONFERENCE AND LOCATION ROUTING Mr. Quentin Levitte**~** SYMBOL INITIALS Assistant Chief Pilot

SUBJECT N59773

DIGEST see attachment

.•.

A

. 

## .--J-?3



## .**·~** 

## o-T 

## - A 

### r:f\ CONCLUSION. ACTION TAKEN, OR REQUIRED

## ~)**~y~**

### It·{~ 

# Tfv 7/z-. J, ., \ A 

# ,

DATE TITLE

# l'~)~",Mt,**~n** 12/14/2011 Sandra Boerman POI 

# 'A**)/~**

# lA )}**A/1~** v ""-'-'
....... FAA Form 1360-33 (4-75) Formerly FAA Form 1522 Electromc Forms(PDF) 

## (EoROFFiCIAL USE ONL

# ~DIGEST (CONT.): Inspector Sandra Boerman interviewed Mr. Quentin Levitte on December 14, 2011. Mr. Levitte made the below statement. Mr. Levitte is the Assistant Chief Pilot for Trans North Aviation LTD, and a company flight instructor for the PA-31-350. On November 27, 2011, Mr. Levitte was assigned to fly a Part 91 trip in N59773 with Mr. Andrew Wolf from Outagamie County Airport, Appleton, Wisconsin, (KATW) to Wittman Regional Airport, Oshkosh, Wisconsin (KOSH) to Crawfordsville Municipal Airport, Crawfordsville, Indiana (KCJF)

. The purpose of the flight was to replace N4599F on an Air Medical Part 135 flight. N4599F had landed in KCJF due to a malfunctioning attitude indicator. Mr. Levitte stated that Mr. Wolf's assignment was to help out on Part 91 legs and build time in the airplanes until he was proficient to pass a SIC check ride. On November 28, 2011, Mr. Levitte's assignment was to stay with N4599F until it was fixed, and then fly N4599F to KOSH. Due to the weather Mr. Levitte did not fly N4599F on that day. Mr. Levitte stated that Mr. Wolf was assigned as the PIC for the Part 91 flights on November 28, 2011. There is no written documentation of the assignment just verbal. Normal company procedures for assignments come from a phone call by Ronald Schaberg (Ron) the Director of Operations, followed by an itinerary for the flight, the pilot texts or calls Ron before take-off and then after landing, the pilot picks fuels stops based on location and price and if there is a question they phone Ron. The company uses 19-21 gph a side in the PA-31-350, and he teaches for flight planning purposes 42 gph the first hour and 40 gph for cruise.

FAA Form 1360-33 (4-75) Formerly FAA Form 1522 Electronic Fonns(PDF) 

### ·----··-------------, 

### :FOR OFFICIAl, USE ONLY