07/19/2012 15:09 FAX 2024935142

(770) 4!:il•0313 FAX (770) 401•0817



### Federal Aviation Administration 600 Independence Avenue, SW 

### Wilbur Wright 

### Building Suite 2Wl000 Washington, DC 20591 FAA



### ALANARMSTRONG. ATTOJ:iNHY AT LAW 2900 O:HA.MBLEE-TUCKER ROAD**1.<~J.U**..**J..>fN'<.~** o., "'(111'1t '''"'' ATLL\NTA, GEORGIA 30841 

### Jun¢ 28, 2012

ATTN; Hearing Docket Clerk, AGC-430
In re: In theMatter ofMonroe Air Center, LLC Case No. 2011 SW030084 Dear SirorMadam;**~** 

### OMS**~001/008 alattC!!1a)anlltms~rongl1'tw.com** **www.a.lanarms[tonglaw.eo~**


### Via FederalExpress

v.J 

### Enclosed please find an 

### original and 

### five copies ofa 

### Request for Hearing in the mat

### tcrcaptioned above. Pleasefile the originalpleading orph.:adings as the case may be, date-stamp an extra copy ofthe pleading and mail the extra copy ofthe pleading to the undersigned via the postage prepaid, selfaddressed envelope enclosed foryour convenience.

AA/kjw 

### Enclosures Cc: Tim 

### Duff, Esq. Office ofthe Regional Counsel Federal Aviation Adminislralion 2601 

### Meacham Blvd., Room 663 H. Worth, TX 76137 Fax: 817·222-5945 

### £mail: tim.duffca),fa.a.Qov 

### PalmerJarrell Monroe AirCenter. LLC Best regards, 

# AL Jt{rHtJ"( Alan Armstrong 

# >

..**---~--.:---** 

# RECEIVED JUN 

# 292012 

# HEARING DOCKET

107/18/2012 15:08 FAX 2024835142 FAA



### Inthe Matterof: UNITED STATES OFAMERICA DEPARTMENTOF TRANSPORTATION WASFIINGTON, D.C. + OMS

MONROE AIR CENTER,LLC, Respondent CASE NO. 2011 SW030084
REQUEST

### FOR H.EARJNG @002/008

COMBS NOW Monroe AirCenter, I.LC ("Monroe AirCenter" or "Respondent"), Respondent in the above-captioned matter, pursuant to 14 CFR 

### §13.16 (g)(2)(ii), and

### r~qucst a hearing 

### in relation to the issues framed in the 

### final Notice ofProposed Civil Penalty dated June 

### 21, 2012> attached hereto 

### as Exhibit "A." Respondent denies any and all violations ofthe Federal Aviation Regulations and requests a hearing as provided 

### by law. Respectfully submitted this the 

### 28th day ofJune, 2012.

2900 Chamblee Tucker Road Building 5, Suite 350 Atlanta, GA 30341 770·451**~0313-** 

### 0 770-451-03 1 7 - .F alan(malanannstronglaw.com Alan Armstrong 

### Georgia BarNo. 022075 Counsel for Respondent., Monroe Air Center, LLC


# RECEIVED JUN 

# 2 9

# 2012 

# HEARING DOCKET07/19/2012 15:09 FAX 2024935142 FAA

U.S. DQpanment of rronsportotion Federal AviQtion Administrcrrion



# '.M' t-l

# tllll Sou!hwesl Region Ark;;u'ISS$, L.ouisiane, New Me1dco, Oklahoma Texas**~** OMS

Offiee of Re9ional Counsel 2601 Meaeharn Blvd,, Room 663 FortWorth, T)( 76137 (817) 222-5099 (817) 222-5945/5092 FAX

CERTIFIED RETURN RECEIPT REQUESTED AND REGULAR MAIL Monroe Air Center LLC 

### 5410 Operations Road Monroe, LA 

### 71203 Case No. 

### 2011SW030084 FINAL NOTICE OF PROPOSED CIVIL PENALTY You were advised through a Notice of Proposed Civil Penalty, that the 

### FAA proposedto assess 

### a civil penalty in the amount of

### $2,800. After considering all the evidence in this matter, 

### the Administrator has determined that: 1. Monroe Air Center (MAC) holds FAA Certificate No. HLWA116E that authorizes 

### itto conduct air carrier operations. 

### 2. From August 

### 8, 2011 through August 

### 12, 2011, the 

### FAA completed a focused inspection of MAC facilities and operations

.. 

### 3. The inspection revealed the following discrepancies:
a. 

### MAC listed John 

### 0. Shamblin as Generar Manager in its General Operations Manual (GOM) though atthe time ofthe inspection 

### he was not a MAC employee; and 

### b. MAC could not locate the Superseded Aircraft Status Log required by the GOM. 4. In an attemptto obtain new certification under the name ofJPS Aviation LLC, MAC was granted Operations Specification (Ops Spec) A502 that became effective on March 28, 2011. Ops Spec

### A502 allowed 

### it to continue operations as Monroe Air Centerwhile it completed training and developed the qualifications necessary to completethe new certification. 5. Ops Spec

### A502 indicated thatthe approved transition must be completed no later than September 1, 2011.



### flHIBIT 

# A**~** 003/00807/19/2012 15:09 FAX 2024935142 FAA "' OMS 141004/008

2 6. MAC did not complete the requirements for transition prior to September 1, 2011 and the FAA granted itan extension period for completion 

## to ho laterthan October 3, 2011. 

### 7. MAC did not complete 

### the requirements for transition priorto October 

### 3, 2011 and the FAA granted it 

### an additional extension period for completion to no later than October 18,2011. 8. MAC did not complete the-requirements for transition priorto October 18, 2011. 9. By a letter dated October20, 2011, the FAA reminded MAC that the Ops Specfor merger/acquisition had expired. 10. Despite lack ofauthorization, on October 25, 2011, MAC operated Civil Aircraft N800CF in charter service as JPS Aviation LLC. By reason ofthe foregoing, MAC violated the following sections of the Federal Aviation Regulations:
a. Section 135.21 (a) in that it as a certificate holder that usesmore than 

### one pilot failed to prepare, keep cu.rrent and use·a current manual setting forth its procedures and policies that are acceptable to the administrator; and b. Section 119.5(g) in that itoperated as a direct air carrier or a commercial operator in violation of its operating certificate oroperations specifications. Under49 U.S.C. Section 46301, MAC is liable for a civil penalty not to exceed $11 ,000.00 for each violation ofthese regulations. After reviewing all ofthe available evidence, we propose to assess a. civil penalty in the amount of$2,800 for these violations. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before 15 days after you receive this final notice, we will issue an Order Assessing Civil Penalty and you 

### will have no further right to a hearing. 

### Ifyou do not submit a written requestfor a hearing, you must pay the proposed civil penalty_ Your request for a hearing must be mailed ordelivered to the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591, Attention: Hearing Docket Clerk- AGC-430, Wilbur Wright Building -Suite 2W1 000. In addition, you provide a copy ofyour request for hearing to the undersigned FAA attorney. Your request must be dated and signed. You may paythe proposed penalty bysubmitting a check or money order payable to the "Federal Aviation Administration,"**~nd** mailed to the FAA/MMAC/AMZ-350, Accounts Receivable Branch. P.O. Box 25770, Oklahoma City, OK 73125. Please be sure to indicate the Case Numberon the front ofyour chec.k. We also accept payment by VISA or MasterCard. Ifyou choose to**m~ke** payment using the charge card method,07/19/2012 15:09 FAX 2024935142 FAA -t 

### OMS

3 please provide us with the credit card number, expiration date, and cardholder's name. In the alternative, you may pay your civil penalty with a credit card over the Internet. To pay electronically, visit the web site at www;pay.qov. For questions regarding electronic payments please contact FAA Accounts Receivable office at 1-405-954-4719. 

### ERIC E. ANDERSON Acting Regional Counsel Southwest Region
By:

# ~--·~ Tim Duff Attorney Safety Enforcement Branch TEL: (817) 222-5099 FAX: (617) 222-5945 E-Mail: tlm.duff@faa.gov


### pc. Alan Armstrong**~** 005/00807/19/201t 15:09 FAX 2024935142 FAA + OMS



### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe above and foregoing Request

### for Hearing was

### se;~rve;~d upon counsel for theAdministrator by First Class 

### United St.at.cs Mail, postage prepaid, addressed as follows;


### Tim**Dutt~** 

### Esq. Office ofthe Regional Counsel 

### Federal Aviation Administration 2601 Meacham 

### Blvd. Room 663 FortWorth, TX 76137


### In addition to service 

### by mail, a copy ofthe Request 

### lor Hearing was served on counsel for 

### the Administrator by 

### email at tirn.duff@taa.g_ov and aiso via 

### facsimile transmission at &17-222-5945. Respectfully 

### submit.tcd this the 281 h day 

### ofJune, 2012.



# RECEIVED**.;~** 

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# 2012 

# HEARING 

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