U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION ~~ECEIVED FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

JUN J 5. 2012 

FAADocketNo:FAA~Hfi~f!ING DOCKET 

v. 

ELITE AIR, 

Respondent, 

I -------------------------------

Case No. 2010S0150236 

I 

U1 

l,J 

RESPONDENT'S MOTION FOR SUMMARY JUDGMENT ~~n 

Respondent, Elite Air, Inc., (hereafter referred to as "Respondent"), moves pursuant to 

Rule 56 of the Federal Rules of Civil Procedure, for summary judgment in favor of Respondent 

and against the FAA. The undisputed facts in this case establish, as a matter of law, that 

Respondent did not violate FAR 135.21(a) as alleged by the FAA. Alternatively, the undisputed 

facts establish, as a matter of law, that any violation by Respondent of FAR 135.21(a) was a nonsafety related violation and the FAA abused its discretion in proposing a civil penalty for such a 

minor discrepancy, failing to follow the guidelines set out in FAA Order 8900.1. In support of 

this motion, Respondent submits the following statement of undisputed material facts, 

memorandum oflaw, and attached summary judgment materials. . 

STATEMENT OF UNDISPUTED MATERIAL. FACTS 

(1) At all times relevant to this matter, Respondent was and is now the holder of Air 

Carrier Certificate No. EOYA592J. 

(2) During the period between June 15, 2010 and August 12, 2010 (the "relevant time 

period"), Cessna citation, N444CW was operated by Respondent.. 

(3) During the relevant time period, N444CW conducted seven flights (the "relevant 

flights"). 

(4) On each of the relevant flights, the captain was David Keys. 
IN THE MATTER OF ELITE AIR, INC .. Docket No.: FAA-2011-1125, FAA Case No. 

201080150236 

(5) On September 10,2010, a FAA representative inspected N444CW. 

( 6) The FAA cannot prove that the crew of N444CW failed to perform a complete preflight inspection of the aircraft prior to flying on each of the relevant flights. (Request for 

Admissions 1) 

(7) The FAA cannot prove that the crew of N444CW, as part of their pre-flight 

inspection for the relevant flights failed to determine that they would not overfly any 

maintenance item during the course of the flight. (Respondent's Request for Admissions 2). 

(8) The only allegation by the FAA is that the crew failed to fill in a blank on the 

company manifest as required by the company's operations manual. 

(9) A copy of the FAA's response to Respondent's first discovery requests is attached 

hereto in support of this motion. 

MEMORANDUM OF LAW 

Summary Judgment Standard 

Summary judgment is appropriate where ''the pleadings, depositions, answers to 

interrogatories and admissions on file, together with the affidavits, if any, show that there is no 

genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of 

law", Fed.R.Civ.P.56(c). The non-moving party opposing the motion for summary judgment 

may not simply rest upon mere allegations or denials of the pleadings. After the moving party 

has met its burden of coming forward with proof of the absence of any genuine issue of material 

fact, the non-moving party must make a sufficient showing to establish the existence of an 

element essential to that party's case on which that party will bear the burden of proof at trial. 

Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). Accordingly, the motion for summary 

judgment should be granted unless the non-moving party produces evidence that could 

reasonably be the basis for a verdict in that party's favor. See Anderson v. Liberty Lobby, Inc., 

477 u.s. 242, 252 (1986). 

Page 2 of6 
IN THE MATTER OF ELITE AIR, INC., Docket No.: FAA-2011-1125, FAA Case No. 

201080150236 

ARGUMENT 

I THE FAA CANNOT SUSTAIN IT'S BURDEN OF PROVING THAT ELITE AIR 

VIOLATED SECTION 135.21(a) OF THE FEDERAL AVIATION REGULATIONS 

The undisputed facts establish that the FAA has no knowledge and accordingly has no ability 

to prove that the crew of N444CW failed to conduct a pre-flight inspection as required by 

Respondent's general operations manual before each of the relevant flights. Taking the facts in 

the best light for the FAA, as required on a motion for summary judgment, the most the FAA can 

establish (by copies of copies of flight manifests) is that the crew left blank one or more 

inspection due dates and times on the flight manifests. FAR §135.21(a) provides in relevant 

part: "Each certificate holder, other than one who uses only one pilot in the certificate holder's 

operations, shall prepare and keep current a manual setting forth the certificate holder's 

procedures and policies acceptable to the Administrator. This manual must be used by the 

certificate holder's flight, ground, and maintenance personnel in conducting its operations". The 

FAA has no evidence that the crew ofN444CW did not have a current copy of Respondent's 

general operations manual setting forth Respondent's procedures and policies and the FAA has 

no evidence that the crew did not use the manual. 

Based on the foregoing, summary judgment should be entered in favor of Respondent. 

II EVEN IF THE FAA CAN ESTABLISH THAT THE CREW OF N444CW FAILED TO 

FILL IN A BLANK ON A FORM, IT WAS AN ABUSE OF DISCRETION FOR THE FAA 

TO PROPOSE A VIOLATION FOR SUCH A DE MINIMUS ERROR AND THE 

PROPOSAL OF THE VIOLATION WAS IN DIRECT CONTRADICTION OFF AA 

ORDER 8900.1 

Even if the FAA is allowed to use copies of copies of flight manifests to establish that 

the crew ofN444CW failed to fill in certain blanks on the form for the relevant flights, such a 

minor discrepancy by the crew does not warrant a violation and civil fine against Respondent, 

and the FAA's proposal of a violation is an abuse of discretion and a direct violation ofF AA 

Order 8900.1 and FAA Order 2150.3A. 

Page 3 of6 
IN THE MATTER OF ELITE AIR, INC., Docket No.: FAA-2011-1125, FAA Case No. 

201 oso 150236 

FAA Order 2150.3A, Chapter 11 provides in relevant part: "Administrative action is the 

least forceful and generally results from a minor technical violation with no impact on safety". 

According to the FAA, "The purpose for administrative enforcement action is to provide the 

field inspector with administrative means for disposing of minor types of violations which do not 

require the use of legal enforcement sanctions". 

Volume 14 ofFAA Order 8900.1 is entitled Compliance and Enforcement. Chapter 1 of 

Volume 14 is entitled "Introduction to Investigation and Compliance Related Tasks". That 

section addresses a number of items that are to be taken in consideration in the enforcement 

decision process. Section 8 of Chapter 1 of Volume 14 ofF AA Order 8900.1 provides an eightstep electronic template/worksheet, ("the Electronic EDP"), for enforcement personnel to use to 

determine the appropriate action (legal, administrative, informal) to take for noncompliance with 

regulatory requirements. The policy specifically provides as follows: 

"Enforcement personnel take administrative action or informal action for low-risk 

violations corrected on the spot. For example, inspection findings of an 

incomplete field on an otherwise satisfactorily completed (and required) record or 

form, or a missing logbook entry for work-in-progress are usually low-risk 

violations. Placement of information by the alleged violator in the incomplete 

field, or completing the required logbook entry might suffice as an on-the-spot 

correction for these kinds of low-risk cases. When a certificate holder corrects 

low-risk violations on the spot, it is acceptable to use administrative action or 

informal action (oral or written counseling) after the correction to close these 

violations." (emphasis added)(FAA Order 8900.1 volume 14, Chapter 1, Section 8 

paragraph 14-143(A)(3)(a)). 

Assuming the facts in the best light for the FAA, the instant case is precisely the type of 

low-risk violation (if there was a violation at all) the FAA Order describes requiring an 

administrative action or informal action. Applying the criteria listed in FAA Order 8900.1, the 

alleged violation meets all of the requirements for administrative or informal action. First, the 

alleged violation (failing to complete a field on an otherwise satisfactorily completed record or 

form) is not one of the violations ~ecifically excluded from the policy (such as a narcotics 

Page 4 of6 
IN THE MATTER OF ELITE AIR, INC., Docket No.: FAA-2011-1125, FAA Case No. 

201080150236 

violation). Second, none of the criteria to preclude administrative action or informal action apply, 

such as (1) legal enforcement is not required by law, (2) administrative action would deter future 

violations, (3) the apparent violation does not indicate a lack of qualification, ( 4) the apparent 

violation was inadvertent, and (5) the apparent violation did not involve a substantial disregard 

for safety. Finally, the level of risk involved in the apparent violation was clearly negligible. In 

fact the Order describes the exact apparent violation alleged in this case, (i.e. the inadvertent 

failure to fill in a blank on a form after the task has been completed), as an example when 

informal action or an administrative action should be used. 

Based on the foregoing, as a matter of law, Respondent is entitled to a finding that if 

there was a minor violation it was an abuse of discretion by the FAA to propose a civil fine, and 

such a proposal was in direct contradiction of FAA Order 8900.1. Accordingly summary 

judgment in favor of Respondent is appropriate. 

CONCLUSION 

Based on the foregoing, the Plaintiff respectfully requests that the court enter an order granting 

summary judgment in favor of the Respondent. 

Dated this'\ .. day of June, 2012. 

Respectfully submitted, 

B. GRAYGI 

B. Gray Gibbs, 

100 Second Avenue South, Suite 101-S 

St. Petersburg, FL 33701 

(727) 892-9901; (727) 892-9902 (fax) 

Fla. Bar No. 232955 

gibbs@gibbslawgroup.com 

Page 5 of6 
IN THE MATTER OF ELITE AIR, INC., Docket No.: FAA-2011-1125, FAA Case No. 

2010S0150236 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date provided a copy of Respondent's Motion for Summary 

Judgment to the below named addressee, via United States Priority Mail, postage prepaid, 

addressed to: 

Mr. Ryan M. Landers 

Office of the Regional Counsel, AEA-7 

Southern Region 

Federal Aviation Administration 

Post Office Box 20636 

Atlanta, GA 30320 

I hereby certify that I have this date provided a copy, via United States Priority Mail, postage 

prepaid, a copy, addressed to: 

The Honorable J .E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. 

Washington, D.C.20590 

I hereby certify that have this date caused to be furnished via United States Priority Mail, postage 

prepaid, the original and a copy addressed to: 

Hearing Docket Clerk 

FAA AGC-430, Suite 2W1 000 

Wilbur Wright Building 

800 Independence A venue, SW 

Washington, D.C. 20591 

Dated this --:f~ of June, 2012. 

~\ \;~ B. Gray Gib~ ~ 

Page 6 of6 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

IN THE MATTER OF: DOCKET NO. FAA-2011-1125 

ELITE AIR, INC. FAA CASE NO. 2010S0150236 

Respondent Judge J.E. Sullivan 

COMPLAINANT'S RESPONSE TO RESPONDENT'S FIRST DISCOVERY REQUESTS 

I. . REQUESTS FOR ADMISSIONS 

1. Admit that the crew of N444CW performed a complete pre-flight inspection of the 

aircraft prior to flying on each of the dates at issue. 

Answer: Denied for lack ofknowledge 

2. Admit that part of the pre-flight inspection determined that they would not overfly any 

maintenance item during the course plan of flight. 

Answer: Admit in part; Deny in part. 

Admit that the Elite Air General Operations Manual requires a pilot-in-command to 

determine that a flight can be completed without any required inspection becoming 

overdue. 

Deny for lack of knowledge that the pilot-in-command of the referenced flights actually 

made the determination. 

3. Admit that no maintenance inspection was overflown during the course of any flight at 

issue. 

Answer: Admit 

4. Admit that FAA Order 8900.1 provides that failure to fill in a blank or complete a form 

calls for a warning and not a violation. 

Answer: Deny 
II. INTERROGATORIES 

1. If your basis for the proposed violation involves a conclusion that Elite Air has 

previously committed and error similar to the one at issue, please provide details of any 

previously alleged errors. 

Answer: Elite Air was issued a warning letter on December 17, 2008, for violations of 14 

C.F.R. § 135.2l(a). 

Answer: Elite Air was issued a warning letter on December 2, 2008, for violations of 14 

C.F.R. § 135.21(a). 

Answer: Elite Air was issued a warning letter in July 26, 2010, for violations of 14 C.F.R. 

§ 135.21(a). 

2. If your answer to any of the above admission requests is "Denied", please state that 

factual basis for said denial. 

Answer to Request For Admission 1: The FAA does not know whether or not the crew of 

N444CW performed a complete pre-flight inspectio~. 

Answer to Request For Admission, 2: The answer to the request explains the denial. 

Answer to Request For Admission 4: FAA Order 8900.1 says that failure to complete a 

required form is a violation. One of the criteria for administrative action is the violation 

does not indicate a trend of noncompliance. The 8900.1 Order contains many steps, and 

if each step is followed, the Order permits legal action for the violation at issue in this 

case. 

III. REQUESTS FOR PRODUCTION 

1. Your entire administrative file regarding this investigation. 

Answer: See Attachment. 

Respectively submitted this 13th day of March, 2012. 

R~.Landers 

Attorney 

Office of the Regional Counsel 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing discovery response was sent via certified mail to: 

B. Gray Gibbs, Esq. 

100 Second A venue South 

Suite 101-S 

St. Petersburg, FL 33701 

(727) 892-9902 

nt 

Regional Counsel 

APR 13 zmz 

Dated 
PRODUCTION REQUEST 1 
1----------------------------------------j:z_l ___ l:'_~j_~U-----~==~-==-====-= I 

ENFORCEMENT INVESTIGATIVE REPORT Report Number Related Number 

1 (Read Order 2150.3 for instructions) 2010S0150236 201180150038 1 

1-----------------------------------------------------------------------------l 

I ALLEGED VIOLATOR IDENTIFICATION I 

l-------------7---------------------------------------------------------------l 

I 1. Name ELITE AIR INC I 

DBA Name I 

Designator EOYA 2. Address (Include zip code) I 

GIBBS, B GRAY PRESIDENT 

14609 AIRPORT PARKWAY 

I CLEARWATER FL 33762 I 

1-----------------------------------------------------------------------------l 

I TELEPHONE NUMBER (727) 507-7600 I 3. DATE OF BIRTH I I I 4. SEX I 

t-----------------------------------------------------------------------------1 

I 5. FAA Cert. * I 6. FAA Certificate Type I LARGE BUSINESS CONCERN I 

I EOYA592J I AIR CARRIER ON DEMAND- 11 I 

1-----------------------------------------------------------------------------l 

I 7. Aviation Employer I 

1-----------------------------------------------------------------------------l 

I AIRCRAFT, ENGINE, PROPELLER, COMPONENT OR APPLIANCE INVOLVED. I 

j-----------------------------------------------------------------------------1 

I 8. MAKE I 9. MODEL I 10. !DENT. NUMBER 

I I ACFT SN 

1-----------------------------------------------------------------------------l 

I 11. Owner Name I 

12. Address (Include zip code) I 

I 

I 

I 

I I I 

1-----------------------------------------------------------------------------l 

I ALLEGED VIOLATION I 

1-----------------------------------------------------------------------------l 

1 13. Date Occurred 1 14. Time I 15. Date Known to FAA 1 16. Region of Discov I 

I 2010108112 I 10:00 I 2010109109 I so I 

1-------------------------------~---------------------------------------------l 

17. Location Sec Cat I 

SANFORD, FL I 

Airport ID I 

l-----------------------------------------------------------------------------1 
Section B 

I. Statement of Case 

This case concerns operations by Elite Air Inc. (EOY A592J) a FAR 135 on demand air 

carrier with its base of operations at St. Petersburg, FL. lOP# 1 and lOP# 2 During the 

period from June 15,2010 to August 12,2010 Elite Air operated 7 flights under FAR 135 

lOP# 10 and failed to follow the procedures set forth in its General Operations Manual 

(GOM) as required by FAR 135.21(a). lOP #7 The aircraft was operated without the 

Director of Maintenance (DOM) providing the maintenance status information for the Pilot 

in Command (PIC) and the PIC failed to perform the preflight duties in accordance with the 

GOM. The certificate holder is accountable for the actions and inactions of persons during all 

its aircraft operations as stated by Operations Specification A008. 

Operations Specification A008. d. (1) states that 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. 

IOP#3 

Cessna Citation Model CE 650, N444CW is based at Sanford, Florida and operated by Elite 

Air Inc. lOP# 4 On September 9, 2010 during a ramp inspection conducted by the FAA; it 

was observed that Elite Air's procedure for the PIC to determine the maintenance status of 

the aircraft was not being followed. lOP # 5 

Elite Air's Director of Maintenance is Mr. James Magill. lOP# 6 In order to advise the 

flight crews of the maintenance status of the aircraft, the DOM, is required by the GOM on 

page E-1 to create and publish the aircraft maintenance status sheet, form EAI-106. The form 

EAI-1 06 is to be maintained in the aircraft flight log as required by the GO M page E-1. The 

DOM failed to perform this required procedure, when he did not create and publish the 

aircraft status sheet and the status sheet was not available to flight crews in the aircraft flight 

log. lOP# 7 and 8. 

The PIC on this series of flights was Mr. David Keys who failed to follow the procedure 

required by the GOM on page E-1 which requires the PIC as part of the preflight duties to 

note the date and aircraft time and compare them with the inspection due dates and times 

listed in the status sheet (EAI-106). The GOM on page E-1 further states that the inspection 

due dates and times from the status sheet form EAI-106 shall be entered by the PIC in the 

appropriate blocks on the aircraft flight manifest (EAI-301). lOP# 7, # 8 and# 9 

The required GOM procedures were not being followed in that the form EAI-106 status 

sheet was not being provided by the DOM and the PIC was not entering the inspection due 

dates and times on the EAI form 301 aircraft flight manifest. lOP# 10 

Elite Air Inc "FOR OFFICIAL USE ONLY" 2010S0150236 

"Public availability to be determined under 5 USC 552" 
Section B 

I. Statement of Case 

When the Elite Air maintenance representative on site was questioned about not following 

the stated procedure in the GOM he replied that he was unaware of this procedure. The 

representative stated that he used a different source to determine aircraft inspection due dates 

and times rather than the procedure required by the operators GOM. lOP# 5 The times and 

dates were not entered on the aircraft flight manifest form EAI-31 0 by the PIC as required by 

the GOM. lOP# 10 

During the period from June 15, 2010 until August 12, 2010 7 flights were operated under. 

FAR 135 in violation of FAR 135.2l(a) while not complying with the requirements ofthe 

GOM. lOP# 5, lOP# 10 

On October 5, 2010 a Letter oflnvestigation was sent to Elite Air advising them ofthis 

situation. lOP# 11 

On dctober 15, 2010 Elite Air responded with corrective action to remedy this situation. lOP 

# 12 

Elite Air Inc "FOR OFFICIAL USE ONLY" 2010S0150236 

"Public availability to be determined under 5 USC 552" 
Elite Air Inc 

Section C 

(Items of Proof) 

"FOR OFFICIAL USE ONLY" 

"Public availability to be determined under 5 USC 552" 

2010S0150236 
Section C 

Items of Proof 

lOP# Description 

1. Copy of Elite Air Inc. (EOY A592J) Air Carrier Certificate. 

2. Copy of Operations Specification AOO 1. showing principal base of operations 

3. Copy of Operations Specification A008. Operational Control page 1 and 2 

4. Copy of Operations Specifications 0085 showing N444CW listed on Elite Air Inc. Air 

Carrier Certificate. 

5. Inspector statement of William Meenan showing the Elite Air maintenance manager was 

unaware of the General Operations Manual requirement to determine the inspection status 

prior to flight 

6. Copy of Operations Specification A006 showing Mr. Magill as Director of Maintenance. 

7. Copy of General Operations Manual page E-1 showing the requirement for the Director of 

Maintenance to publish form EAI-106 Status Sheet and for the Pilot in Command to enter 

the inspection times in the appropriate blocks of form EAI-301 Aircraft Flight Manifest 

8. Copy ofblank form EAI-106 Status Sheet page S-20 of General Operations Manual. 

9. Copy ofblank form EAI-301 Aircraft Flight Manifest page S-4 of General Operations 

Manual. 

10. Copies of completed forms EAI-301 for N444CW showing 7 flights operated under FAR 

135 while not in compliance with the requirements of the Elite Air General Operations 

Manual and FAR 135.21(a). 

11. Copy of letter of Investigation sent to Elite Air Inc. October 5, 2010. 

12. Letter of response from Elite Air Inc. dated October 15, 2010 indicating that the PIC and 

the maintenance technician have reviewed and understand the procedures in the operators 

General Operations Manual. 

Elite Air Inc "FOR OFFICIAL USE ONLY" 2010S0150236 

"Public availability to be determined under 5 USC 552" 

us. Department 

of Tronsporta!ioo 

Federal Aariotlon 

Adn*llst1 allon 

Air Carrier Certificate 

This certifies that 

ELITE AIR, INC. 

lOQ SECOND AVENUE SOUTH 

SUITE lOIS 

ST. PETERSBURG, FL 33701 

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, 

shall continue in effect indefinitely. 

By Direction of the Administrator. 

ORIGINAL 

Certificate number: 

ISSUE DATE: 

EOYA592J 

MARCH 4, 2002 

~.~c?:£~ (Signature) 

Effective date: MARCH 26, 2003 ACTING MANAGER 

(Title) 

Issued at. __ --=:TAMP=:...:A::..l''--=-FL=.O:::.:R:.:.::I:.=D:.::.:A=- SOUTHERN / TAMPA FSDO 

(Region/ Office) 

FAA Form 8430-18 {6-87) 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

AOOi. Issuance and Applicability 

Operations Specifications 

HQ Control: 

HQ R~vision: 

05/09/03 

02c 

a. These operations specifications are issued to Elite Air, Inc., whose principal base of operation is 

located at: 

Primary Business Address: 

I 00 Second A venue South 

Suite lOIS 

St. Petersburg, FL 33701 

The holder of these operations specifications is the holder of Certificate Number EOYA592J and shall 

hereafter be referred to as the certificate holder. The certificate holder is authorized to conduct:. 

On Demand operations in Common carriage pursuant to 

Title 14 Code of 

Federal Regulations 

(CFR) Section 

119.21 (a)(5)-

On Demand 

and provided, at all times, the 

certificate holder has appropriate 

written economic authority issued by 

the Department of Transportation. 

The certificate holder shall conduct these kinds of operations in accordance with the specific 

authorizations, limitations, and procedures in these operations specifications and all appropriate Parts 

of the CFR. 

b. These operations specifications are effective as of the "Date Approval is effective" listed in each 

paragraph and shall remain in effect as long as the certificate holder continues to meet the requirements 

of Part 119 as specified for certification. 

c. The certificate holder is authorized to use only the business name which appears on the certificate to 

conduct the operations described in subparagraph a. 

d. The certificate holder is authorized to conduct flights under 14 CFR Part 91 for crewmember training, 

maintenance tests, ferrying, re-positioning, and the carriage of company officials using the applicable 

authorizations in these operations specifications, without obtaining a Letter of Authorization, provided 

the flights are not conducted for compensation or hire and no charge of any kind is made for the 

conduct of the flights. 

Print Date: 2/8/2009 AOOI-1 

Elite Air, Inc. 

Certificate No.: EOY A592J 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

A008 . Operational Control 

Operations Specifications 

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. 

The system of operational control is described in Section A of the General Operations Manual of Elite 

Air, Inc. 

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: 

(1) 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 pilot 

the aircraft in Part 135 operations, so as to limit the certificate holder to using only the owner/lessor's 

Print Date: 1/5/2010 AOOS-1 

Elite Air, Inc. 

Certificate No.: EOY A592J 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

pilots. 

Operations Specifications 

(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 under 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: 

(I) 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 certificate holder may not conduct any operation under Part 135 

unless each aircraft used in its Part 135 operations is: 

(a) Owned by the certificate holder and remains, without interruption in the certificate holder's 

legal and actual possession (directly or through the certificate holder's employees and agents) during all 

of its Part 135 flights; 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 under 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 

under Part 135 again by the certificate holder, that aircraft undergoes an appropriate airworthiness 

conformity validation check. 

(3) Exclusive Aircraft Use Requirements for Part 135 Operations. At least one aircraft that meets 

Print Date: 115/2010 A008-2 

Elite Air, Inc. 

Certificate No.: EOYA592J 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DOSS . Aircraft Listing 

Operations Specifications 

HQ Control: 02106/1998 

HQ Revision: 02a 

a. The certificate holder is authorized to conduct operations under 14 CFR Part 135 using the 

aircraft identified on this operations specification. 

Registration No. Serial No. 

N789LB 258248 

NIOIUD 20220 

N50DS 9140 

N458HC RJ 058 

N444CW 64 

N383MB 5568 

N994GP 105 

N6GD 14500983 

N3210N HB-10 

N761XP 258761 

N773HR 258836 

N288FF 31A-108 

N929JH 31A-132 

N996JS 31A-119 

NI73DS 45-2092 

N42LG RB-259 

Print Date: 7114/2010 

Aircraft M/M/S 

BAE-125-800A 

BD-1 00-1 A I 0 

BD-700-IAI1 

BE-400-400 

CE-650-CITATION Ill 

CL-600-28 16 

DASSAUL T-FALCON-2000EX 

EMB-135-BJ 

HAWKE~-750 

HA WKER-850XP 

HA WKER-850XP 

LR-31-A 

LR-31-A 

LR-31-A 

LR-45-45 

RA-390-390 

D085-l 

Elite Air, Inc. 

Certificate No.: EOY A592J 

Inspector Statement 

On September 12, 2010 I performed a ramp inspection on Cessna Citation 

N444CW at Sanford FL. During the course of this inspection I observed 

that Elite Air was operating N444CW and not following the procedure set 

forth in the General Operations Manual (GOM) pertaining to the 

determination of aircraft airworthiness inspections prior to flight. The GOM 

requires the Director of Maintenance to issue a maintenance inspection 

status sheet form (EAI -1 06) and for the Pilot in Command to review the 

aircraft status and transfer the inspection due times to the flight manifest 

form (EAI-301). This procedure was not being followed by Elite Air 

· personnel. N444CW was operated on a series of 7 flights under FAR 135 

between 6/15/20 1 0 and 8/12/20 1 0. When I qu,estioned the Maintenance 

Manager Mr. Paul Becktal about why this procedure was not being followed 

he stated he was unaware of the Elite Air GOM requirement for this 

procedure and used a different method of checking the status of inspections, 

specifically the Cescom aircraft status report. He stated he would take the 

matter up with the Elite Air Director of Maintenance. 

~~~~-­

William D. Meenan 

PMI 

U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

A006 . Management Personnel HQ Control: 10/1912009 

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 Name Company E qutva ' I ent Posttton T'l tt e 

Dir .. of Operations, Part 135 Gibbs, Belve Gray Dir. ofOperations, Part 135 

Responsible Person-Crew Ops Kindt, Kara Flight Coordinator 

Director of Maintenance Magill, James Director of Maintenance 

ChiefPilot, Part 135 Paul, David G. Chief Pilot, Part 135 

' 

Print Date: 4/l/2010 A006-1 Certificate No.: EOY A592J 

Elite Air, Inc, 
ELITE AIR, INC. 

GENERAL OPERATIONS MANUAL 

AIRWORTHINESS INFORMATION 

[135.23(e)] 

ELITE AIR, INC. STATUS SHEET (EAI-106) 

E-1/R-43/29-Jan-2009 

In order to advise the flight crews of the maintenance status of the aircraft, the Director of 

Maintenance will publish EAI-1 06 Status Sheet, which will be maintained in the Air_craft Flight 

Log Book. The Director of Maintenance will be responsible for the creation and publication of 

this status sheet, but he may delegate that re?ponsibility to other maintenance personnel. 

REVIEW OF THE STATUS SHEET (EAI-106) BY THE PILOT-IN-COMMAND 

As part of the preflight duties, the assigned Pilot-in-Command (PIC) will: 

1. Note the datE:) and the aircraft time and compare them with the inspection due dates and 

times listed in the Elite Air, Inc. Status Sheet (EAI-1 06) which is maintained in the Aircraft 

Flight Log Book. These inspection due dates and times shall be entered by the PIC in the 

appropriate blocks on the Aircraft Flight Manifest (EAI-301 ). 

2. Determine whether the flight or series of flights can be completed without any required 

inspection coming due before the aircraft returns to home base. The applicable inspections 

are listed below along with when they must have been previously accomplished. 

A. Any applicable inspection; 

B. Transponder, encoder, pitotlstatic system, and altimeter inspections and calibrations 

within the preceding 24 calendar months; 

C. EL T battery replaced on or before the date listed by the manufacturer or after one hour 

of cumulative use, whichever comes first; and 

D. Multi-engined aircraft weighing, and current empty weight and center of gravity 

calculation within the preceding 36 calendar months. 

3. If the scheduled flight(s) cannot be completed without one of the aforementioned 

inspections becoming overdue, the PIC will immediately contact the Director of Operations 

(or designee) for instructions. Under no conditions will a PIC commence a flight if any 

required inspection time has been exceeded. 

4. Determine that for deferred and corrected mechanical irregularities the aircraft has been 

certified approved for return to service by an Airframe and Powerplant Mechanic or by the 

Director of Maintenance. This certification will appear on the Aircraft Maintenance Log 

(See SectionS, Page S-7, Form EAI-AML). 
ELITE AIR, INC. S-20/R-39/15-Sept-2007 . 

GENERAL OPERATIONS MANUAL 

ELITE AIR, INC. 

STAii1s-SHEET EAi: fcf6. 

Date: (1) Airframe Total Time (5) 

Serial Number (2) Airframe Cycles (6) 

Tail Number (3) 

Type (4) 

Next Due Items: Item: Due: 

Hourly: (7) (8) 

Cycles: (9) (1 0) 

Dated: (11) (12) 

EL T check (91.207d): 

30 Day Safety Inspection: (14) 

36 Month Weight and Balance ( 135. 185): ' ' (15) 

24 Altimeter/Static System Check (91.411 ): (16) 

24 Month ATC Transponder Check (91.413): (17) 

(18) (19) (20) (21) 

(18) (19) ' (20) (21) 
----------------------------------------------

ELITE AIR, INC. S-21/R-39/15-Sept-2007 

GENERAL OPERATIONS MANUAL 

ELITE AIR, INC. 

STATUS SHEET EAI-106 

· ·····-·-----r.---··Date-SlaluSSneetcfeated. ·- · ----------·· - ·-----···- --··· ····-··--

2. Serial Number of Aircraft. 

3. Tail Number of Aircraft. 

4. Type, i.e. LR-31A, CL-604. 

5. Total airframe time at time Status Sheet created. 

6. Total Cycles on airframe at time Status Sheet created. 

7. Next Hourly Due Item based on airframe time. 

8. Airframe hours at which Next Hourly Due Item is due. Hour due should be calculated on 

the airframe hours regardless of whether item is airframe or engine component. 

9. Next Cycle Due Item based on airframe cycles. 

10. Airframe cycles at which Next Cycle Due Item is due. Cycle due should be calculated on 

the airframe cycles regardless of whether item is airframe or engine component. 

11. Next Dated Item due. 

12. Date which Next Dated Item is due. 

13. Next EL T inspection due date. Reference 91.207d 

14. Date which 30 day safety inspection is due. 

15. Date which Weight and Balance check is due. Reference 135.185 

16. Date which Altimeter I Static system check is due. Reference 91.411 

17. Date which ATC Transponder check is due. Reference 91.413 

18. Airworthiness Directive number. 

19. Airworthiness Directive discretion. 

20. Due date of the Airworthiness Directive. 

21. Type oftime limitation. 
EAI-301 A.ircra11 Flight 

Dates:(1) 1 ·_ :':"'"":' 1 No.: X

Next i

Ne}{t C

Next D
ELITE AIR, INC. S-5/ R-42/15-May-2008 

GENERAL OPERATIONS MANUAL 

INSTRUCTIONS FOR COMPLETION OF EAI-301 

1. Enter the date(s) of flights. 

2. Enter the tail number of aircraft. 

3. Enter the designated PIC for flight by indicating the first initial and last name. 

4. Enter the designated SIC for flight by indicating the first initial and last name. If 

none is designated, then enter N/A. 

5. Enter the total hours on airframe prior to flights from the previous flight log. Time is 

entered in hours and tenths-. 

6. Enter the total landings on airframe prior to flights from the previous flight log. 

7. Enter the total hours on Engine No. 1 prior to flights from the previous flight log. 

Time is entered in hours and tenths. 

8. Enter the total cycles on Engine No. 1 prior to flights from the previous flight log. 

9. Enter the total hours on Engine No. 2 prior to flights from the previous flight log. 

Time is entered in hours and tenths. 

10. Enter the total cycles on Engine No. 2 prior to flights from the previous flight log. 

11. Enter the total hours and cycles for this series of flights. Time is entered in hours 

and tenths. Landings and Cycles are entered in whole numbers. 

12. Enter the beginning APU hours prior to flights. Time is entered in hours and tenths. 

If the aircraft does not have an APU, enter N/A. 

13. Enter the ending APU hours after this series of flights. Time is entered in hours 

and tenths. If the aircraft does not have an APU, enter N/A. · 

14. Enter the total of hours and cycles after this series of flights. 

15. If necessary, enter the corrected hours and cycles (to be performed by 

maintenance or pilots at the direction of the Director of Maintenance). Time is 

entered in hours and tenths. Landings and Cycles are entered in whole numbers. 

16. Indicate particular operating rules for that leg by circling either 91 or 135 

17. Enter the date that particular flight began. 

18. Enter the time in Zulu that duty day began for that series of legs. Pilots need not fill 

this segment if the leg is preceded by other flights conducted during the same duty 

day. 

19. Enter the airport of original for that particular leg. 

20. Enter the destination airport for that particular leg. 

21. Enter the time in Zulu that the aircraft begins taxiing. 

22. Enter the time in Zulu that the aircraft takes off. 

23. Enter the time in Zulu that the aircraft lands. 

24. Enter the time in Zulu that the aircraft stops taxiing. 

25. Enter the total hours of flight time for that leg. Enter the time in hours and minutes 

(e.g. 2+26). 

26. Enter the total minutes of flight time for that leg. Enter the time in hours and 

minutes (e.g. 2+26). 

27. _Enter the total hours of block time for that leg. Enter the time in hours and minutes 

(e.g. 2+38) 

28. Enter the total minutes of block time for that leg. Enter the time in hours and 

minutes (e.g. 2+38. 

29. Indicate the pilot flying that particular leg by circling either PIC or SIC. 

30. Enter the_ total instrument time for that leg in tenths of hours. 

31. Enter the type of instrument approach, i.e, ILS, VOR, NOB, RNAV. Visual 

approaches may be entered by the symbol "V." 

32. Enter the time in Zulu that duty day ended for that series of legs. Pilots need not fill 

this segment if the leg is followed by other flights conducted during the same duty 

day. 
ELITE AIR, INC. S-6/ R-42/15-May-2008 

GENERAL OPERATIONS MANUAL 

33. Last name of the lead passenger for that particular leg. If no passengers or freight 

is on-board during this flight, the pilot should indicate by writing none or by 

indicating otherwise that it is an empty leg. 

34. Number of passengers on-board. · 35. Enter the maximum gross take off weight for this leg., taking into consideration all 

limitations, including such limitations as temperature, airport elevation, runway 

length, landing weight at destination airport. 

36. Enter the actual take off weight for this leg if a Part 135 leg. Enter N/A if the leg is 

Part 91 leg 

37. If the leg is a Part 135 leg, enter the actual computed center of gravity for the leg. 

Enter N/A if the leg is a Part 91 leg. 

38. If the leg is a Part 135 leg, enter the actual forward center of gravity for the leg. 

Enter N/A if the leg is a Part 91 leg. 

39. If the leg is a Part 135 leg, enter the actual aft center of gravity for the leg. Enter 

N/A if the leg is a Part 91 leg. 

40. Enter the fuel (in pounds) on board at engine start. 

41. Enter the fuel (in pounds) on board at engine shutdown. 

42. Enter the fuel burn (in pounds) for the leg. 

43. Enter the time in hours and tenths for the Next Time Limited Item due from the 

Status Sheet (EAI-106). 

44. Enter the number of cycles in whole numbers for the Next Cycle Limited Item due 

from the Status Sheet (EAI-106). 

45. Enter the date for the Next Date Limited Item due from the Status Sheet (EAI-106). 

46. Enter the date that the VOR check. is next due. 

47. Enter the facility used to conduct the VOR ops check if checked. 

48. Enter the frequency of the facility used to conduct the VOR ops check if checked. 

49. Enter the bearing to or from the facility for VOR Receiver #1. 

50. Enter the bearing to or from the facility for VOR Receiver #2. 

51. Enter the difference between VOR Receiver #1 and VOR Receiver #2. 

52. Enter the due date for the lilext VOR ops check, i.e. thirty calendar days from the 

date of the check. 

M!l.NUAL 

( S-4/R-36i15-SEF)-20( '· 

.N444CW 

EAI-301 Rev. 12 
NS MANUAL ( S-4/R-36/15-SEP-20F -

I Tail No. N444CW - ·- · '"'" No.: CW-001 05 

APIJ HG>U·f§ 

ltGPE5CTi:Q;fti18· 

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v ·-- I "- I •l.;j·· ·i.ri r-' .,... L" . y,,.. . ..J 

, _ e · ·. 

:litn·ited 

EAI-301 Rev. 12 
( ( 

B-4/R-36/1 ry-Sf="P-2006 

_ .. ·-. .._..,. .· 

1 '"""'(-" CW-00106 

EAl-301 Rev, 12 
----------------------------------------------------
~. ' 

. U.S. D~partment 

.of Transportation 

North Florida FSD0-15 

Citadel Inti -Suite 500 

5950 Hazeltine National Drive ·Federal Aviation Orlando, Florida 32822-5023 

·;··Administration (407) 812-7700; Fax: (407) 812-7710 

October 5, 2010 '• . 

' 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED 

File No. 2010S0150236 

<Mr. B Grey Gibbs, President 

/Elite Air Inc. (EOY A) 

:'· 100 2nd. Avenue South, Suite lOIS 

St. Petersburg, FL 33701 

Dear Mr. Gibbs: 

During an inspection at your Sanford, FL facility on September 9, 2010 it was determined that 

Elite Air Inc. is not complying with the requirements of its General Operations Manual in that 

the Maintenance Status Sheet (EAI-1 06) is not being provided to the flight crews. The Pilot in 

·,: Command is required to enter the inspection due times and dates from the Aircraft Maintenance 

Status Sheet on the Aircraft Flight Manifest (EAI-301). This requirement is not being 

accomplished by the Pilot in Command. 

Operations of this type may be contrary to the Title 14 of the Code of Federal Regulations 

(14CFR). 

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

Administration (FAA). 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. 

If you have any questions or need assistance, please contact me at ( 407) 812 -77 60, Tuesday 

through Friday between the hours of7:00 a.m. and 5:30p.m. 

Sincerely, 

ORIGINAL 

SIGNED BY 

William Meenan 

Principal Maintenance Inspector 

AS015:WMEENAN:ir:X7760:10/05/2010(WP:Q:\TYPING\UNIT4\MEENAN\Elite Air 

LOI N444CW.doc) 
SENDER: COMPLETE THIS SECTION 

• Complete Items 1, 2, and ~. 'Also complete 

item 4 If Restricted Delivery Is desired. 

• Print your name and address on the reverse 

so that we can return the card to you. 

• Attach this card to the back of the mailpiece, 

or on the front if space permits. 

1 . Article Addressed to: 

d~livery address different from item 1 

If YES, enter delivery address below: 

MR. B GREY GIBBS, PRESIDENT 

ELITE AIR INC. 

1.-oz- t:att .2.?Voso /JO.,Zs G - /.JlPtl 

3. Se~Type 

100 2ND AVENUE SOUTH, SUITE 

ST PETERSBURG, FL 33701 

lOiS IH"Certified Mail 0 ;xpress.Mall 

0 Registered !i.r'Retum Receipt for Merchandise 

0 Insured Mail 0 C.O.D. 

4. Restricted Delivery? (Extra Fee) 0 Yes 

------------------------------~--- 2. • .. . .. . 

7009 0960 DODD 9553 4575 

PS Form 3811, February 2004 Domestic Return Receipt 

[f" sentr MR. B 'GREY GIBBS, PRESIDENT 

g sfriiei ELITE AIR INC. . 

r- ~:_~c:_ 100 2ND AVENUE SOUTH;' SUITE lOIS a~tST PETERSBURG, FL 33701 

1 02595·02-M-1540