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 Chief Pilot 

Flight Instructor 

Flight Standards Safety Office 

Jim Keenan, Director of Maintenance, Trans North 

Quentin Levitte, Assistant Chief Pilot, Trans North 

John Merrill, FAA witness 

National Transportation Safety Board 

Operations Specifications 

Pilot-in-Command 

Principal Operations Inspector 

President/Director of Operations of Trans North 

Part 135 flight from Jessup-Wayne County Airport, Georgia 

(KJES), with an intended destination of Chicago 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 Carrier Certificate Number EBF A443D that authorized 

Trans North to conduct operations under Part 13 5 of the Federal Aviation Regulations. 

The FAA alleged and Trans North admitted that at all times mentioned herein, 

William Didier, holder of Airline Transport Pilot Certificate Number 3067631, was 

authorized to conduct Trans North's commercial flight operations under both Part 91 and 

Part 135. 

D. Burden of Proof: 

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) of this section must 

provide for at least 10 consecutive hours of rest during the 

24-hour period that precedes the planned completion time 

of the assignment. 

F. Summary of Facts: 

1. Agency's recitation of Facts: 

The Complaint alleged that on November 28, 2011, Bill Didier (hereinafter 

"Didier") was the Pilot-in-Command (hereinafter "PIC") of a Piper, PA-31-350, N59773, 

on a Part 135 flight operated by Trans North fromJessup-Wayne County Airport, 

Georgia (KJES), with an intended destination of Chicago Executive Airport, Wheeling, 

Illinois (KPWK) (hereinafter "the flight"). 

2 
The flight ended when N59773 crashed short of Chicago Executive Airport in 

Wheeling, Illinois. The crash resulted in three fatalities, including two passengers and 

Didier. 

Trans North assigned Didier as Pilot-in-Command of the flight on November 28, 

2011, which did not provide for at least 10 consecutive hours of rest during the 24-hour 

period that preceding the planned completion time of the flight assignment. 

2. Respondent's recitation of Facts: 

Trans North denied it assigned Didier as Pilot-in-Command of the flight on 

November 28, 2011, which did not provide for at least 10 consecutive hours of rest 

during the 24-hour period that preceding the planned completion time of the 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 A venue, Milwaukee, Wisconsin. 

Jeanette B. Daubaras, Esq.appeared on behalfofthe Federal Aviation · 

Administration. 

Charles R. Barnett, Esq. and Paul R. Borth, Esq. of Barnett & Borth, LLC, 

appeared on behalf of Trans North. 

H. Summary of Evidence: 

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 of single 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 Chief Pilot, Kenneth Fox (hereinafter 

"Fox"), notifyingMerrill that there had been a fatal accident of their Piper Chieftain. 

The accident occurred in Palwaukee which was in the Illinois District ofDuPage. Fox 

asked to meet with Merrill later on November 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 

of Operations (hereinafter "Schaberg") of Trans 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 Chief Pilot 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 Wolf and Didier continued 

the para-medical flight to Palm Beach. Wolf was to perform repositioning the aircraft 

. down to Palm Beach while Didier would fly from Palm Beach to 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 Chief Pilot, James Keenan as Director ofMaintenance and Ronald J. 

Schaberg as Director of Operations.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 

1 Tr. p. 14, I. I top. 28, I. 17. Agency Ex. A I. 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 

of the NOC. As part of his 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 of the accident. Boerman 

assisted other field and Washington, D.C. inspectors with the accident investigation. 

The investigation narrative stated: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-lifethreatening, serious injuries. There were no ground injuries 

or significant ground damage. Weather at the time of the 

crash was night visual meteorological conditions, wind 

from the north at 9 knots. (Agency Ex. 6, p. 3 of 3). 

The investigation concluded there were several issues involved with the accident: 

Airman's competence as to the MRS Management of fuel. 

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 of the 

interviews. 

Blodgett's recollection of the flight was that Didier had flown all four legs of the 

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 on her evaluation of the 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 of rest. 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 on time, but down below if you 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 of rest because if you 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, if you 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 of time. 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 of paper 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, if you 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, if he 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 of the 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, Wolf was hired to be second in command in 135 flights, but had not received 

all of the training in the aircraft to be rated for that position. Wolf told 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. 

Wolf described 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. Wolf were on the flight controls during the flight. Wolf indicated 

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. Wolf told Boerman Didier told him not to tell anyone 

about going into reserve fuel. 

Based on her investigation, Boerman reached the following conclusions: 

That there were violations of the regulations that took place 

and ... the only documentation ... was the IFR flight plan 

with Mr. Didier to sit as the pilot, departure time of 2308, 

the three hour and 25 minute flight. They were on the 

ground communicating to their DO who has operational 

control of the airplane and the pilots. Texting back and 

forth and that 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 of the ten consecutive hours 

of rest period. 13 

Wolf told Boerman the patient for the flight was late, according to information she 

developed during the course of her 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 if you're already on the ground, you can 

control if you 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 Wolf was the PIC one page and Didier the 

PIC on another page. 

15 Wolf said he did not fill out any paperwork for the flights 

including the manifest. 16 

Boerman discussed her understanding of Flight A ware. 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 if their flight was to depart or not ... 

. . . the passenger or the patient wouldn't be a determination 

if the flight should go or not. .. 

. . .I don't think a pilot should worry about their passengers 

to determine if they 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 of rest prior to starting that 

portion of the trip ... 

. . . Because legal to start is not legal to finish a flight. And 

based on my thirteen years of doing flight and duty and 20 

years of flying that, you know, ifyou're --down, you can 

prevent it from departing. And no matter what it is, if you 

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. Wolf was assigned as a pilot 

command for the Part 91 flight on November 28th, 2011. 

There was no written documentation of assignment, just 

verbal. Normal company procedures for assignments come 

from a phone call by Ron, the director of operations, 

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 if there is a question 

they phone Ron ... 19 

2. Respondent's case 

Schaberg 

Schaberg testified he was the owner and President ofTrans North 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 of the accident Trans North owned three aircraft and leased two more. 

The aircraft that crashed was a Piper Chieftain owned by Trans North.22 

19 Tr. p. 166, I. 1 top. 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 off duty 

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 off at 

approximately 1100 hours. Didier had a mechanical problem and had to land in 

Crawford, Indiana. Based on the landing in Indiana, Schaberg revised the original flight 

plan. 23 

Due to the maintenance problem in Indiana, Didier went off duty at 1600 hours. 

Quentin and Wolf flew a new aircraft to Indiana to continue the flight. The plan was for 

Wolf to 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 off duty 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 off duty 

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 off at approximately 

1100 hours. Didier had a mechanical problem and landed in Crawford, Indiana. Based 

on the 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 off duty at 1600 hours. 

Quentin and Wolf flew a new aircraft to Indiana to continue the flight. The plan was for 

Wolf to 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 of the 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) of this section, during any 24 

consecutive hours the total flight time of the assigned flight when added to any 

other commercial flying ty that flight crewmember many not exceed ---

(1) 8 hours for a flight crew consisting of one 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) of this section must provide for at least 

10 consecutive hours of rest during the 24-hour period that precedes the planned 

completion time of the assignment. 

5 U.S.C. Section 5123, et seq. 

M. Findings of Fact: 

After consideration and review of all the evidentiary facts, testimony and 

evidence herein, by a preponderance of the 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 off duty 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 

off at approximately 1100 hours. 

Didier went off duty 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 of the 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. 

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 of Law: 

Trans North violated 14 CFR Section 135.267(d), which states that each 

assignment under paragraph (b) of this section must provide for at least I 0 consecutive 

hours of rest during the 24-hour period that precedes the planned completion time of the 

assignment. 

0. Analysis of Facts and Conclusions of Law 

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 of each flight conducted under this 

certificate and operations specification, including the actions or inactions of all 

direct employees and agents of the 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 of 5). 

The Certificate holder failed to do so. 

I find the circumstances herein were not beyond the control of the certificate 

holder. 

I find the original and revised completion times were not realistically scheduled. 

I find the evidentiary facts, by a preponderance of the evidence standard, the FAA 

proved by a preponderance of the 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 under paragraph (b) of this section must provide for at least 

10 consecutive hours of rest during the 24-hour period that precedes the 

planned completion time of the 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 2W10001 

ONE COPY 

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 of the 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 of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

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 X 
FltPian.com- Copyright 2013 7/20/13 11:44 AM 

Welcome Aboard I Passenger Flight Briefing 

Good Morning and welcome aboard. If there is anything we can do to make your flight more enjoyable, 

please let us know. 

Fllg!JtC..... 

Captain: Bill Odier l~t- Qdl Sign: N4.599F 

!..1aynard Blodgct! Flight Pamrnedie Aircreft Typo: CE-340A ------·--------

Schedtlle: Saturday 0712012013 

Depart KOSH - OSHKOSH, WI WITTMAN RGNL 

Arrive KRMG ·ROME, GA RICHARD 8 RUSSELL 

_ ~pll~re FBO_:__ 

10:30AM 

02:32PM 

Flight Time 

03:02 

CIU'rl!nl Weather at ROME. GA 

Clear, Vts: 10 MHO$, Temp: 80F (21C), \Mnds: CALM 

Oe$tlnallon fnfonnalion: 

Sunrise 6:43 

Sunset 20:51 

I 

This Tonight Sunday Sunday Monday Monday Tuesday Tuesday Wednesday ! 

! After:'oon . _ .. Night ...,. Night .. ,. _ Night . . . 1 

~~~,.......~..-.~~~I I ~:~~~~ - ~~~\~ - . .. . ~'P~\~ - . . t~~~~ - . ~)~~\~ ! . 1 50% Chance 50% Chance T-Stonns T-stonns T..Storms T -Storms 50% Chance 30% Chance 40% Chance •

1 I T -Stonns T-Storms Likely Likely Likely Likely T-Storms T -Storms T-Storms i 

High: 88 •F Low: 70 •F High: 87 "F Low 70 •F High: a5 •F Low: 70 •f High: 67 "F Low. 70 "F High: 89 "F __ J 

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: JET AVlATION-AVIT FBO Phone#: 800-538-0724 

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I -- -- - -~ Schedule: Sunday 07121/2013 Destination Information: 

Depart KPBI -WEST PALM BEACH, FL 11:30 AM Flight Time 

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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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I Schedule: Sunday 07/21/2013 - - Destinatio!llnfonnatiOn: 

j Depart KRMG • ROME, GA 03:55 PM Flight Time 

J RICHARD 6 RUSSEll 02:42 

f Anive KP\'VK • CHICAGO/PROSPECT HGT, ll. 05:37 PM ~ CHICAGO EXECUTIVE 

I Cummt Weather at CHICAGO/PROSPECT HGT, ll. l Sunme 5:34 Clear, Vis: !0 MHes~ Temp: 80F {27C), Winds: North at 3 mph Suneet 20:22 

Iii Today Tonight Sunday Sunday Monday Monday Tuesday Tuesday Wednesday 

, Night Night Night 

~~ --~~~ ... 8"'' ... ~ 

1

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fltPian.cG(1- Copyright 2013 7/7/131:36 PM 

Welcome Aboard J Passenger Flight Briefing 

PART 91 LEGS ANDREW WOLF PIC 

KCFJ-KPXE 

KPXE-KPBI 

PART 135 LEGS BILL DIDDlER PIC 

KPBI-KJES 

KJES-KPWK 

· Fllgbt Crew Aireraft Info 

Captain: Andrew Wolf Call Sign: N59773 

Maynard Blodgett Bight Paramedic Aircraft Type: PA-31-350 NAVAJO 

=-----·-~------·_Q!P_arture F~9: RED TOP ~Y!~:l~~L----------·- 1 

I Schedule: Monday 07/08/2013 

1 Depart KCfJ -CRAWFORDSVILLE, IN 07:45AM Flight Time 

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 02.

18 FBO Name: J~TAVIATION-AVlT 

Arrive KPBi -WEST PALM BEACH, Fl 01:19PM ' FBO Phone#. 800-

538•

0

724 I PALM BEACH INTL 

Current Weather at WEST PALM BEACH, FL Sunrise 6:33 

Scattered Clouds, Vis: 10 Miles, Temp: 89F (32C), Winds: East at 18 mph Gusting to 24 mph Sunset 20:17 

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HtPian.ctr..l- Copyright 2013 7/7/13 1:36PM 

Depart KPBI "WEST PALM BEACH, FL 

PALM BEACH INTL 

02:00PM Flight Time 

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 

Current Weather at JESUP, GA Sunrise 6:29 

Scattered Clouds, Vis: 10 Miles, Temp: 86F (30C), Winds: South at 8 mph Sunset 20:36 

------------------~~--------~1 

I This Tonight j Afternoon 

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l 

1 Mostly Partly Mostly Partly 20% Chance Partly Mostly Partly Partly I Sunny Cloudy Sunny Cloudy T-Storms Cloudy Sunny Cloudy Sunny 

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! Depart KJES -JESUP, GA 04:00 PM Flt'ght Tt'me Time Change: Subtract 1 Hour(s) 

1 JESUP-WAYNE COUNTY FBO Name: SIGNATURE 

I 04 05 FLIGHT 

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

j IL 

CHICAGO EXECUTIVE 

Current Weather at CHICAGO/PROSPECT HGT, IL 

Scattered Clouds, Vis: 10 Miles, Temp: 82F (28C), Winds: Southwest at 8 mph 

Sunrise 5:23 

Sunset 20:30 

l This j Afternoon 

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High: 79 "F 

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"-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- 004 C 

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 relief pilot; 

(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 

703 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC 2 2 20f1 

Certified - Return Receipt 

File Number: 2012GL030012 

Mr. Ronald J. Schaberg 

Trans North 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 of this office are investigating an accident which occurred on November 28, 2011, 

involving the operation of a Piper aircraft, N59773, on a Part 135 Instrument Flight Rules (IFR) 

flight in the vicinity ofRlvetWoods, Illinois at approximately l 0:45p.m. 

This office is requesting the name of the pilot in command that was assigned by Trans North 

Aviation LTD for the following flights: 

• November 28,2011: 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 -Wayne County Airport, Jesup, Georgia (I<JES) 

• November 28,2011: KJES- Chicago Executive Airport, Wheeling, Illinois (KPWK) 

Additionally, please provide this office a detailed description on how Trans North Aviation LTD 

utilizes their Fuel Policy Form in their day to day operations, to include any records of disciplinary 

actions or counseling of pilots. 

This letter is to inform you that this matter is under investigation by the Federal Aviation 

Administration. We would appreciate receiving any evidence or statements you might care to make 

regarding this matter within 10 days of receipt of this letter. Any discussion or written statements 

furnished by you will be given consideration in our investigation. If we do not hear from you within 

the specified time, our report will be processed without the benefit of your statement. / 

sincerely, "'r 

A EXHIBIT 

IKG 

Sandra Boerman 

Principal Operations Inspector 

cc: Barnett Law Offices, P .C. 

\ \avsagldpaaa\AGL203 SB\EIR\Trans\LOITransnPIC .doc 

ONC NO!S 

NITJALS/SIG 

OATil 

OUTlNG SThiOOL 

ATE 

AT!! 

NITIALSISIO 

ATE 
' I 

U.S. Department 

of Transportation 

Federal Aviatioq, 

Administration I!N 0 V 

Jason M. Kidd 

13 1Im 

7201 Northview Drive 

Brookfield, OH 44403 

Dear Mr. Kidd: 

Office of the Chief Counsel 800 Independence Ave., S.W. 

Washington, D.C. 20591 

lbis is in response to your July 12, 2012 letter posing a number of questions about 14 C.F .R. part 

135 operating rules. 

Flight, Duty, and Rest Questions 

Question 1: Phone Calls During a Rest Period 

For your first question, you ask whether a certificate holder can require a flight crewmember to 

answer a phone call from the certificate holder during a rest period. 

During a rest period, a crewmember must be free from all restraint by the certificate holder. 1 If a 

crewmember is required to answer the phone by the certificate holder, then that crewmember is 

not free from all restraint. Thus, that flight crewmember is not on a valid rest period. 

Accordingly, a certificate holder cannot require a flight crewmember to answer a phone call 

during a rest period. 

We note, however, that the FAA has a "one phone call" policy that "generally allows a certificate 

holder to initiate one phone call during [a] crewmember' s rest period. "

2 If the crewmember 

voluntarily chooses to answer this phone call, then the FAA does not view the call as disruptive 

and breaking the rest period.3 However, we emphasize that in order for the "one phone call" 

policy to apply, the crewmember cannot be required to answer the certificate holder's phone call, 

but must instead answer the phone on his own volition. 

Question 2: Effect of Delays I , 

~··-7 • (. / ,X; '~"' fl.! J'),A . .,.,. •, X--

For your next question, you pose the following scenario. A part 135 certificate holder operates \[-- .r. 

unscheduled cargo and passenger operations pursuant to 14 C.F.R. § 135.267(d). That certificate 

holder schedules its flightcrew to be in rest from 2200z until 0800z. The flightcrew is then 

scheduled to start a duty assignment that is supposed to begin at 0800z and end at 21 OOz. The 

duty assignment consists of three flight segments, each of which is scheduled to be 3 hours long. ~/C 

1 Letter to Glenn Jimenez from Rebecca MacPherson, Assistant Chief Cmmsel 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; and the final segment is scheduled to depart at 1800z. 

You then list a number of delays that could happen during the flightcrew' s assigned duty day. 

The delays specified in your letter consist of: (1) late-arriving passengers or cargo; (2) en-route 

flight delays due to low visibility; (3) a diversion due to a mechanical failure; and (4) a delayed 

takeoff clearance from air traffic controL Each of these delays would result in the flightcrew 

finishing its duty day after 21 OOz. You ask whether these delays would result in the flightcrew 

violating the rest requirement of§ 135.267(d) if that flightcrew finishes all three flight segments 

of its originally-scheduled duty day. 

Subsection 135.267(d) requires that an assignment "must provide for at least 10 consecutive 

hours of rest during the 24-hour period that precedes the planned completion time of the 

assignment." In a previous interpretation, the FAA emphasized that "(t]he key to the 

applicability of§ 135.267(d) is in the final phrase 'planned completion time of the 

assignment. "'4 In that interpretation, the FAA concluded that if a crewmember is realistically 

scheduled to receive 10 hours of rest in a 24-hour period, then "if the original planning is upset 

for reasons beyond the control of the (certificate holder], the flight may nevertheless be 

conducted, even though crew duty time may extend beyond 14 hours" in a 24-hour period. 5 

The FAA has previously stated that delays due to air traffic control, mechanical problems, or 

adverse weather could constitute circumstances that are beyond the control of the certificate 

holder. 6 In addition, the FAA has stated that delays due to late-arriving passengers or cargo 

could also constitute circumstances that are beyond the control of the certificate holder. 7 

Accordingly, the delays specified in your question (late-arriving passengers or cargo, low 

visibility, mechanical failure, and delayed takeoff clearance) could constitute circumstances that 

are beyond the control of the certificate holder that would permit the flightcrew to fmish its duty 

day after the originally-planned 2100z completion time. However, we emphasize that in order 

for the circumstances-beyond-the-control-of-the-certificate-holder doctrine to apply, the original 

21 OOz completion time must have been realistically scheduled. 8 

Navigation and Chart Databases 

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

Two questions you pose concern pilot performed updates to aeronautical information avionic 

devices. First you ask whether the pilot of an aircraft operated under part 13 5 may update a GPS 

and/or FMS navigation database (such as the Collins FMS-3000, GNS500 series or GlOOO)~ 

Second, you ask whether the same pilot may update the charts displayed electronically on a 

Multifunction Display, such as the Jeppesen approach charts on the Collins Proline 21. Because 

4 Letter to Kevin Wilson from Donald P. Byrne, Assistant Chief Counsel ofRegulations and Enforcement Division 

(Mar. 30, 1992) (quoting and emphasizing a portion of the regulatory text from§ 135.267(d)). 5 Id See also Letter to Mr. Ross from Donald P. Byrne (Aug. 30, 1993). 6 See Letter to William E. Banks, Jr. from Rebecca MacPherson (Mar. 18, 2009) (citing previous legal 

interpretations). 

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

2 
l 

both of these questions deal with a rule that the FAA is currently finalizing, we cannot answer 

these questions at this time. Instead, we will answer these questions in a separate letter once the 

pertinent rulemaking has concluded. 

Weight and Balance Computations 

Question 5: Load Manifest Duplicate 

For your next question, you state that 14 C.F.R. § 135.63(c) requires you to prepare a load 

manifest before each takeoff. You ask whether a copy of this load manifest must be left with the 

certificate holder and/or departure airport personnel or whether it is sufficient to keep the only 

copy of the load manifest on board the aircraft. 

Subsection 135 .63( c) requires the certificate holder of a multi engine aircraft to prepare a load 

manifest in duplicate containing information concerning the loading of the aircraft. Pursuant to 

§ 135.63(d), the pilot~in-command must carry the load manifest in the aircraft to its destination, 

and the certificate holder must then keep the load manifest for at least 30 days at its principal 

operations base, or at another location used by the certificate holder and approved by the FAA. 

When § 13 5.63 was originally proposed it included a requirement that the pilot-in-command 

arrange at the takeoff airport for a copy of the load manifest to be retained in a suitable place at 

that airport. 9 However, this part of the proposed rule was withdrawn in response to comments.10 

As such,§ 135.63 does not specify what must be done with the duplicate of the load manifest. 

While§ 135.63(d) does not specify how the duplicate copy of the load manifest should be 

handled, the FAA advises certificate holders to incorporate procedures in their operations' 

manuals for the disposition of the duplicate copy. 11 The certificate holder should work with its 

principal operations inspector to develop such procedures. This is because the duplicate copy of 

the load manifest could provide valuable information to investigators regarding passengers, 

crewmembers, and aircraft weight and balance if there is an accident and the load manifest 

carried on-board the aircraft is destroyed. 12 

Enforcement Action 

Question 6: Manual that Violates FAA Regulations 

For your next question, you pose a scenario in which an operator has submitted a required 

manual containing procedures that violate FAA regulations. You ask whether in that scenario the 

FAA would hold 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); Letter to Nettie Dickerson, from Edward P. Faberman. Acting Assistant Chief Counsel (Nov. 5, 1980). 11 See Letter to Stanely Bernstein. 12 !d. 

3 
Anyone who violates FAA regulations could be subject to an enforcement action. In order to 

actually determine who would be held responsible by the FAA in your scenario, we would need 

additional details concerning the company procedures that violate FAA regulations. 

Operation Specifications C055 and A097 

You also ask a number of questions about operation specifications (OpSpecs) C055 and A097. 

Your questions about these OpSpecs are policy questions, and as such, we have referred them to 

the AFS-200 program office. 

We appreciate your patience and trust that the above responds to your concerns. If you need 

further assistance, please contact my staff at (202) 267-3073. This response was prepared by 

Viola Pando and Alex Zektser, Attorneys, Regulations Division of the Office of the Chief 

Counsel, and coordinated with the Air Transportation Division of Flight Standards Service. 

Sincerely, 

Rebecca 

?-r~ B. MacPherson 

Assistant Chief Counsel for Regulations, AGC-200 

4 
Jovember 27, 2011 

11 

2.4 Aiglll Hours 

6.0 Duty Hours 

sT \ obO 1 \4 tO tLtl 

:rr 

0 

!ovember 28-29! 2011 

At0450Z 

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. 

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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 ..- ) ~ 
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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 under the 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 D D D D D 0 DODD D D D D DO 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 :·$--l!llltJ!II!f" 

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 

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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 for Transport: 

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 S SEACREST 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 

Nature of Call: AIRPORT RUN 

Caller Name: INTENSIVE AIR AMBULANCE 

Age: 

d a 

80 years 

Male 

Caucasian 

Transfer Reasons: 

Was Specialized Observation Required? 

Was Pi Able to 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 "fR 
Narrative 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 of flight 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 

1st Attendant 

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 safely by 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 - ;:,/ "1 . ( 

Pt BIALEK, JOHN Print Date: 7/19/2013 11:26:29 AM 
11/28/2011 at I 6:42:09 

I acknowledge that I am legally responsible for the ambulance services provided to me. I request and assign payment of authorized Medicare benefits 

and/or other insurance benefits be made on my behalf to AMR directly for any ambulance services and supplies furnished to me by AMR, whether 

in the past, now or in the future. I authorize any holder of medical 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 party payers 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. I agree to cooperate with AMR or its agent in collecting any such benefits. 

acknowledge that I have been provided with a copy of AMR's Notice of Privacy J>ractices. I expressly 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 of resolving 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 
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Unit: 207B 

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SERJET FAX p. 1 

-424 'J:NT:E!NS IVE .AIR 1\:MF.'!'.TrANCE 

Amedcim Me.dic1d Respon~a~ NO PCB RECltiVE:O 

.Phone F.ux 

LOB: PALM 

·MEDICAL NECESSITY fur Non-Emel'eency Ainbuluee ']:'ransportation 

ll./2 8 );a 011 (Nat YIYJuiredfor ~tltiw pati~nts) 2. Transport#: 5l 01 ~ 14.18::! :2 0 0- 0 0 

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Mt~ni.tOl'ID.lW"tJreatment b r$quired ~ 1t:llU.tport. 

clseck off ruj(/ explul11ln deirdf a~ oftht foil/JWfng thai wou7d support tile ambulatacl! trmi!JHJrl) 

IV~>,nttiGt-.,. .. dependent Cflusa npJgin below) 

monitoring req-uired an route (Plas~ explqju Ji!~lo))'l 

assistance to admlniste:r oxygen l.'ln route: CPJuse mlain beton') 

,..,..,uu•no" SUOtiQning /airway oontrol en routo; (plt:use el[plain beiQ;!!.)' 

Bold · o Require$ ~rotralnts o Fli~~ Risk 

of falling out of 11 wheelchair' in nwtion due to: f.Plea!!l pplaln below) 

IIS[JIJJ.n:&Qil Precau:tloJIS due to: (Please e.gdain belo:w> 

'l)~c~~~ fhat:·pfeved.iS:trem~>pM·by wheeloh~r;o;-allios- ~~:· teJ.@e .wrlsht bxlowf • • 0 1 \ I • "' •• 

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liUJ:•potts the lllUbUllltl.ee trm&portati¢n fur the l'®ion(s) $pecified. Ambulance service is hereby ordered. 

i'il~ltive patients. !mli a plty~icl~ 1n~y 11ip) Pl~~e ebec::k. onet 

DRN o PA CJ CNS 
ml!.S. Air" Ambulance i\1edical Cle:u·:tnc~ 

John Bialek Reference Number: 2~:>54 

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EagleRi~erAi;;;;;rt•P. 0. Box 1445 • Eagle River, Wisconsi111 54521• (715) 479-6777 

Date: //-,2 'd'- J I Atllendant(s}: m G..YJ"'l c..,r .2 1.) I ac?:, r:,;:t[: 

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Resp.: ~/crackles/wheezes: RBL .._....-- RML _ __::::: RLL :::::::::_ LUL __::::Jf.L ~ Cought? 

Secretions: 02 ____ 1 per __ Trach size 1._ ET size __tP_"_ Vent dependent _L!!!:_ 

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NIG ube yq Drainage fY Foley ___ Urine Color Lilst Void ____ BM 

Card ascular: EKG-Rate/Rhythm JVD ~ 

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Motor: Mo All Extremities Grips Equal PERRLA 

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b~ EXHIBIT 

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# 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 of Persons in Conference: 

FAA: John M Merrill and Catherine Vuksanovic 

EFBA President/Director of Operations: Ronald Schaberg 

EFBA Chief Pilot: Ken Fox 

Subject: . 

Trans North Aviation, LTD aircraft N59773 

Trans North's management requested a meeting with me to inform me of the events of 

N59773's accident. Those who were present are listed above. During this meeting, I 

believe information was passed along to me pertaining to the accident that Trans North 

had not disclosed to the DuPage FSDO and NTSB earlier that day. 

Specifically, it was stated that they had spoken with passenger Andrew Wolf, who is also 

a Commercial pilot. Andrew told Ken that prior to the accident, Pilot Bill Didier had 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 of circling, 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 before both engines quit". 

Ron and Ken both discussed Bill's pilot ability during the meeting. They both stated that 

Bill was not the best pilot 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 the best pilot. He later clarified that statement by saying he felt Bill flew okay, 

but would just miss 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 chief pilot, 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 if the instrument failed". 

l!oR oFFICIAL usE 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 between himself and 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 of the information above was~ passed along to me prior to 

this meeting. Myself and other inspectors from this office have recently completed 

numerous surveillance activities on EBF A including observations of company Check 

Airman, records inspections, and other items included in our National Surveillance 

Program. I have also been working closely with EBF A 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 

AI 

·~ v-z_.... 
•... h.·.:.. .... ,:.······-··· •.. : .....•... 

·. : . ~ .. -: :; . ~ 

U.S Deportment 

of Transportation 

Federol Aviation . 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 

of Transportation 

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 of the certificate holder. 

Table 1- Authorized Management Positions and Personnel 

Part 119 Position Title 

Chief Pilot 

Director of Maintenance 

Dir. of Operations, Part 135 

Print Date: 11110/2009 

Name Company Equivalent Position Title 

Fox, Ken Chief Pilot 

Keenan, James Director of Maintenance 

Schaberg, Ronald J. Director of Operations 

2 

~c)' )G ·'( ?/ _,) 

;;gO 

EXHIBIT 

11 II) 11/Zr-3b) .Jt~ I 

A006-l Ce1iificate No.: EBF A443D 

TRANS NORTH AVIATION 

LTD 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

1. Issued by the Federal Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

2009.1 1.10 21:32::\ I Central Standard Time 

Location: W~bOPSS 

Digitally sign~d by Cathcrin~ C Vuksano1·i~ on 

hdmlf of Merrill . .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, Chief Pilot 

Print Date: 11/10/2009 A006-2 

TRANS NORTH AVIATION 

LTD 

Date: 11/10/2009 

Certificate No.: EBF A443D 
U.S. Department 

of Transportation 

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 a bl e 1 - P ersonne ID. es1_gna tdt e o A I •PPI:t_ fi or an dR ece1ve 0 lll_era f IOnS s )peel "fi ICa f IOnS 

Title Name Parts Authorized 

President Ronald J. Schaberg, ABCDE 

Chief Pilot Fox, Ken ABC 

Director of Maintenance 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 of the 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 Chief Pilot Date: 5/27/09 

Print Date: 5/27/2009 A007-l Certificate No.: EBFA443D 

TRANS NORTH AVIATION L TO 
U.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 of operational 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 of aircraft 

operations, and thus the safety of each flight conducted under this certificate and operations 

specification, including the actions or inactions of all direct employees and agents of the 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 of the following practices and shall not: 

(I) Franchise or share the certificate holder's authority for the conduct of operations 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 if any of the 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 ;~-

I 
U.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 of an aircraft for operations under these 

operations specifications without a complete, effective and sustainable transfer of operational control 

to the certificate holder for all Part 135 operations conducted tmder these operations specifications. 

d. Elements of Operational Control. The following items are essential elements of operational 

control and are required to be components of the 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 of the certificate holder's crewmembers is: 

(a) The certificate holder's direct employee or agent during every aspect of the 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 of these 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 of operation intended in the assignment. Each pilot must be specifically listed by name 

and airman certificate number on a list of pilots maintained by the certificate holder at its main base 

of operations or listed in operations specification A039 or A040, if applicable. 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 of its Pmt 135 f1ights; or 

(b) Leased by the certificate holder or otherwise in the legal custody of the certificate holder 

and remains in the certificate holder's exclusive possession or custody during all of its Part 135 

flights. 

(c) For each aircraft which the certificate holder uses tmder these operations specifications, 

the aircraft owner or other lessee of the aircraft may operate the aircraft under Part 91, under the 

control and responsibility (including potential liability for an unsafe operation) of the owner or other 

lessee, as long as the following condition is met: 

- The certificate holder ensures that the maintenance of the 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.: EBFA443D 
U.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 of operation 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 of the exclusive use lease. 

(4) Use of Other 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 if that entity 

were the certificate holder. 

(b) The certificate holder shall not operate an aircraft under Part 13 5 under the name or 

fictitious name of any 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 of a 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 of a 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 of ensuring 

that it has complete, effective and sustainable operational control over each aircraft operated w1der 

these operations specifications, and that no surrender or loss of operational 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 of the 

aircraft, if that agreement shifts liability and accountability for the safety of the 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 of flights, at least one management person 

listed in operations specification A006, Management Personnel, of these operations specifications or 

a management person designee who is a direct employee of the certificate holder, other than a pilot 

Print Date: 9/23/2010 A008-3 

TRANS NORTH AVIATION 

LTD 

Ce1tificate No.: EBFA443D 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

assigned to the specific flight or series of flight, must determine and have sufficient knowledge of the 

following: 

(i) Whether each assigned crewmember is qualified and eligible to serve as a required 

crewmember in the aircraft and type of operation 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 of flights, 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 of flights 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 of subparagraph 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 of flights, in accordance with 

policies, procedures, and standards prescribed by the certificate holder. 

(A) Such non-management persons shall meet the requirements of Section 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 I 3 5 flight or series of flights 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 of flights 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 of these flights or series of flights. (For those issued operations 

specification A039 or A040 the pilots listed in those operations specifications are accountable and 

responsible for the safe operations of these f1ights or series of flights.) 

(b) The system of operational control for Part 135 operations must ensure that each pilot is 

knowledgeable that the failure of a 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 of flight information received by the pilot, and, 

(iii) Operation under the emergency authority of the 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 of the Administrator. 

20 I 0.0').23 18:-1'):2-ll\:ntrul Daylight Tim-: 

l.ocatiOII: WebOPSS 

Digitally signed by Catherine C' Vuksunm·ic oil 

behalf ot"l\lcrrill. John M. 1'1·incipal 

Operations Inspector ((iL l.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 Point Assignment 

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 Inspector Assessment 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 OF EVENT MO DA YR 121 OTHER 

~ [!TI] 125 15B. AIRWORTHINESS 129 NONE 

4. FAA OFFICE REGION OFFICE NUMBER 133 X STANDARD I I PROVISIONAL X I" ON OEM ANO RESTRICTED I I PRIMARY I LIMITED 

lc IE INI [IE] [ill] I o 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* CREW TRAINING 

IEIBIFIAI 11. PROPELLER MAKE/MODEL SERIES EXHIBITION 7. OPERATOR NAME *See Appendix* YESDN00 AIR RACING 

MARKET SURVEY FOUR LETfER IDENTIFIER OPERA TINO 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 OF LANDING 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. AIRCRAFT DAMAGE 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 AIRFRAME HRS. I1I:ZI6I3IQI 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' !'ACTORS IS THE OPINION OF THE INVESTIGATOR/INSPECTOR BASED ON THE INVESTIGATION. 220 TYPE OF OPERATIONS 

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 PILOT INCPo ALCOHOL CARGO FUEL CONTAMINATION CORROSION 

BLADE/ROTOR FAILURE INFLIGHT FIRE OTHER THAN PILOT DOWNWIND TAKEOFF INSTRUCTION 

DESIGN OF AIRCRAFT SMOKE/FUMES PARACHUTE INCIDENT CARBURETOR ICE BUSINESS 

METAL FATIGUE JNFLIGHT BREAKUP OVER GROSS WEIGHT X HIT KNOWN OBJECT CORPORATE IMPROPER MAINTENANCE 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 EV AC 

RADIO/COMMUNICATION TRANSPONDER STOLEN AIRCRAFT LOSS OF CONTROL FJREFJGHTJNG 

21F. JASC CODE COMPONENT FAILURE HJJACK AIRCRAFT BANNER TOW 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 WAKE TURBULENCE 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 I GROUND !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 

ICING CONDITIONS WINilSJWA$. ........... .l .... ·~~"lo.SANDST.ORM • . ··. ·o";~~~-, "'' GUSTY WINDS X. QTH"ER .J.~4,Q"O .Q_v .. r;. __ ,,.. .... ,~. , "-.o·"·o•o •...• .. · ex;,~o•r 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 . . . I . . . ,..z;VI.,..;;- l' 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 PILOT INFORMATION 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 

CERTIFJCA TE 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. CORRECTIVE ACTION(S) PLANNED OR INITIATED NONE~ 44709 RE-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 I 0 Ill 0 I 0 124-HOURCLOCK 121 0 I 31 0 I 24-HRCLOCK 

39·1 I 3 I 8 I ~ FAA HOURS USED FOR L. --'--'---'-- ,! "J "J TOTAL INVESTIGATION 

40. I 2 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 FoR oFFICIAL usE oNL v I ExHffi·rr ~ ..,__/?J 
7. OPERATOR NAME 

TRANS NORTH AVIATION LTD 

16. POWER PLANT MAKE/MODEL/SERIES 

LYCOMING TI0-540 SER 

33. NARRATIVE 

Appendix Report Number : AWA4 511 0 2 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. 

''-<!.·· '-:.., ·.·~· .. , -.~. _ ........ ' •.• · ,,, - ... . /t,J . •.. ·:!.r,s:.~~ ... ' ,; .::..-:~ . 

... , .. .,.. ; .... 

Appendix Page 1 

[FoR OFFICIAL USE ONLY J 
TIME 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-l z.? ..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 [Fu onR __ OFFICIAL USE ONLY 

I l (__ 
DIGEST (CONT.): 

Inspector Sandra Boerman interviewed Mr. Maynard Blodgett on December 7, 2011. Mr. Blodgett made the below statement to the 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 off at Jesup, GA. The fueling started on 

the right side ofthe airplane and continued to the left side. The fuel pump shut off after 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 halfhour remaining 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 off at the same time. Once they were out of the clouds he could see trees. After impact he 

saw that the pilot and passenger sustained fatal injuries and did not see Mr. Wolf who 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. Didier had flown all four legs that day. 

FOR O:tJ'FICIAL USE ONLY 

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

MAX T 0 WEIGHT 

Status Sheet 

AJC D1screpanc~es 

Charts/maps 

VOR Check 

NC Conf1guat1on 

[_ 

TRANS NORTH AViATION 

------:J SIC 

I . -

c 

/?jJ(J ·; <:~ (> =1 

Total 

TotaiBLK 

Night ~ ' 

? s- Total Night Landtngs -fl 

TotallFR :r, 8 

NEXT INSPECTION DUE j ?- j" G 7 

-----· . ~~ ~- -~---

···· -- - --- - -----, 

EXHIBIT 

flY l z/ef/13 
' i u 

LLOAD MANIFEST ··----FORM 70::450---·---·-· ~---------------... -----..........·-·---------._;,..----~-u--"------~~-·-•"-•-

DATE C7/ . .;;) d . /( =-:J 

PIC. ~,f-1 ==:J SIC . "'--' /4 -----.::=J 

,!:£. OIOJl~.n: 

OTHER CRE\1\1 C h/ . /0 /p;:;l& • fr 4. We'(. r"=::J 

I :. 5-V J,.;: . 

Duty 

Duty 

Oft 

On: 

l . / £3 !' ~ Total Total 

Night 

BLK 8 · 

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

Statu& Sheet 

AJC Discrepancies 

Charts/maps 

VOR Check 

AIC Configuation 

NEXT INSPECTION DUE I ;;._8 6 ? 

,. 

f...._, 

i 

I I 

f I 

I 

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) 

.·· '~"6· .,,n.s: "· ··e·· .. 5· j[ :·n·5·· ·:Jir · , \ , -.:~oi>.u~: ·· . :·: .. :~- --·· ~.-\:t ,. }9~~~-- -~ TT .... T.·T· .... ?2r Ptlo~ ~··~ 

~- ~ 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 

Show Details 

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 

[FoR OFFICIAL 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 

PA31/G Wittman Rgnl (KOSH) Crawfordsville Muni (KCFJ) ! 06:46PM CST 09:18PM EST 1:32 

~0 )-r·u 

fit ( 

7/J-1/ ~~ .J.~ 

t: 

I 

~ z 

I 

I~ I ~~ 

\\ !l 

~ ! f?St \ ~:s~ 

\Q 

! 

FlightAware > N59773 Page 1 of 1 
MSAT·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 • 

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Public availability to be determined under 5 U.S.C. 552 

For IT Question/Comments contact AVS National Service Desk at 

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Readers & 

12/8/2011 8:36:34 AM 

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Gov Sites: 

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Viewers: • • 

II • II • Date: Thursday, December 08, 2011 

Time: 8:36:29 AM Centra! 

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This page produced 12/8/2011 8:36:39 AM By: •••• 

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For IT Question/Comments contact AVS National Service Desk at 

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For IT Question/Comments contact AVS National Service Desk at 

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I FOR OFFICIAL 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 

31 W775 North A venue 

West Chicago, Illinois 60185-1056 

RE: Trans North Aviation, LTD 

Via facsimile (630) 443-3155 and US Mail 

Letter of Investigation dated December 9, 2011 

Dear Ms. Boerman, 

I have the privilege of representing Trans North Aviation, LTD in all matters concerning 

the Federal Aviation Administration. We are in receipt of the above-referenced letter and wish 

to promptly respond to your investigation as follows: 

Trans North Aviation, LTD dispatched N59773 on November 28, 2011 in accordance 

with the dispatch requirements of 14 CFR § 13 5. At the time of dispatch the pilot in command 

should have been able to complete the dispatched flight within duty day limitations and with 

sufficient fuel to comply with the fuel reserve requirements for an IFR flight. 

Any potential deviations from the planned flight were made without the express 

permission or knowledge of Trans North Aviation, LTD. 

Trans North Aviation, LTD has fully cooperated with investigators from both the FAA 

and NTSB and remains willing to continue to assist to the best of its ability. Should you require 

any additional information, please contact this office and we will be happy to assist you. ~·l. [,7-\ (,, ? 

1ffi3 

~~ ~-) 

cc: Ronald J. Schaberg 
To: 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 

Sandra Boerman 

Principal Operations Inspector 

DuPage Flight Standards District Office 

DuPage Airport 

31 W775 North Avenue 

West Chicago, Illinois 60185-1056 

RE: Trans North Aviation, LID 

January 13, 2012 

na facsimile (630) 443-3155 and US Mail 

Letter of Investigation dated December 22~ 2011 

Dear Ms. Boerman,. 

We are in receipt ofthe above-referenc·ed letter and per your request, the names of each 

pilot in command that was assigned by Trans North Aviation, LTD for the following flights in 

Piper N59773 is as follows: 

• November 28, 2011: Crawfordsville Municipal Airport,, Crawfordsville, Indiana (KCFJ)-

Peny-Houston County, P'erry, Georgia (KPXE)- Pilot Andrew Wolf. 

• November 28,2011: KPXE- Palm Beach International, West Palm Beach, Florida 

(KPBI)- Pilot Andrew Wolf. 

• November 28,201 I: KPBI- Jesup -Wayne County Airport, Jesup, Georgia(KJES)- P.ilot 

William Didier. 

• November 28, 2011: K.JES - Chicago Executive Airport, Wheeling. illinois (KPWK) -

Pilot William Didier. 

Trans North Aviation utilizes their Fuel Policy Form primarily to ensure that the quality 

of fuel used is appropriate for safe operations. However, it is the policy and procedure of Trans 

North Aviation to strictly comply with all Federal Aviation Regulations and any deviation, 

should one ooout, by Olie of its pilots is addressed immediately. Our research indicates William 

Didier received.counseling from Trans North Aviation's Chief Pilot regarding :fuel management. 

At no time did it appear that M:r. Didier deviated from Federal Aviation Regulations, however, 

out of an abundance of caution, our Chief Pilot reviewed proper fuel management procedures 

with Mr. Didier. ? -;;'~·-rz .. ~ /(/:). . 

Trans North Aviation, LTD has frilly cooperated with investigatars. from both the FAA 

and 

any 

NTSB 

additional 

and 

infon:nation, 

remains willfulg 

please 

to continue 

contact this 

to assist 

office 

to 

and 

the 

we 

'bestt 

will 

of 

be 

i!ts 

happy 

abiiity. 

t¢ 

Should 

as.s~t you. 

you require ~ .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 

12/14/2011 Sandra Boerman POI l'~)~",Mt, ' A )/~ lA ~n )} A/1~ v 

""-'-' ....... FAA Form 1360-33 (4-75) Formerly FAA Form 1522 Electromc Forms(PDF) 

(EoR OFFiCIAL 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) 

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:FOR OFFICIAl, USE ONLY