### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERALAVIATION ADMINISTRATION

# ~~ECEIVED FEDERAL AVIATION ADMINISTRATION, Complainant, 

## JUN

# J5. 

# 2012

# FAADocketNo:FAA~Hfi~f!ING 

# DOCKET

v. ELITE AIR, Respondent, 

### I



## ------------------------------- Case No. 2010S0150236

I U1

l,J 

### RESPONDENT'S MOTION FOR SUMMARYJUDGMENT**~~n** 

### Respondent, Elite Air, Inc., (hereafter referred to as "Respondent"), moves pursuant to Rule 56 ofthe Federal Rules ofCivil Procedure, for summaryjudgment in favor ofRespondent 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 amatter oflaw, that any violationbyRespondent ofFAR 135.21(a) was a nonsafety related violation and the FAA abused its discretion inproposing 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 summaryjudgmentmaterials.

. STATEMENT OFUNDISPUTED MATERIAL.FACTS 

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

### Carrier CertificateNo. EOYA592J. (2) During the period between June 15, 2010 and August 12, 2010 (the "relevant time period"), Cessna citation, N444CW was operatedbyRespondent.. (3) During the relevant time period, N444CW conducted seven flights (the "relevant flights"). (4) On each oftherelevant flights, the captain was David Keys.

### IN THE MATTER OF ELITE 

### AIR, 

### INC

.. DocketNo.: FAA-2011-1125, FAA Case No. 201080150236 (5) On September 10,2010, aFAArepresentative inspectedN444CW. (6) The FAA cannot prove that the crew ofN444CW 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 ofthe 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
companymanifest as requiredbythe company's operations manual. (9) A copy ofthe FAA'sresponse to Respondent's first discovery requests is attached hereto in support ofthis motion. MEMORANDUM OFLAW SummaryJudgment Standard 

### Summary judgment is appropriate where ''the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, ifany, show that there is no genuine issue as to any material fact and the moving party is entitled to ajudgment 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 ofthe pleadings. After the moving party has met its burden ofcoming forward with proofofthe absence ofany genuine issue ofmaterial 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 ofproofat 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 

### of6IN THE MATTER OF ELITE AIR, INC., 

### DocketNo.: FAA-2011-1125, FAA

### CaseNo. 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 Theundisputed facts establish that the FAAhas no knowledge and accordinglyhas 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 ofthe relevant flights. Taking the facts in the bestlight for the FAA, as required on a motion for summaryjudgment, 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 ofRespondent's general operations manual setting forth Respondent's procedures and policies and the FAA has

no evidence that the crew did notuse themanual. Based onthe foregoing, summaryjudgment shouldbe entered in favor ofRespondent. II EVEN IF THE FAA CAN ESTABLISH THATTHE 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

### DEMINIMUS ERROR AND 

### THE PROPOSAL OF THE VIOLATION WAS IN DIRECT CONTRADICTION OFF AA ORDER 8900.1 Even ifthe FAAis allowed to use copies ofcopies offlight manifests to establish that the crew ofN444CW failed to fill in certainblanks onthe form for the relevant flights, such a minor discrepancybythe crew does not warrant a violation and civil fine against Respondent, and the FAA'sproposal ofa violation is an abuse ofdiscretion and a direct violation ofF AA Order 8900.1 and FAA Order 2150.3A. Page 3 

### of6

### IN THE MATTER OF ELITE AIR, 

### INC., DocketNo.: FAA-2011-1125, FAA Case No. 201

## oso150236 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 ofminor types ofviolations which do not require the use oflegal 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 ofChapter 1 

### ofVolume 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 regulatoryrequirements. The policy specificallyprovides as follows:

"Enforcementpersonnel take administrative action orinformal action for low-risk violations corrected on the spot. For example, inspection findings ofan incomplete field on an otherwise satisfactorily completed (andrequired) record or form, or a missing logbook entry for work-in-progress are usually low-risk violations. Placement ofinformationbythe alleged violator intheincomplete field, or completingtherequired logbook entrymight suffice as an on-the-spot correction for thesekinds oflow-risk cases. When a certificateholder corrects low-risk violations onthe spot, itis acceptable to use administrative action or informal action (oral or written counseling) after the correctionto close these violations." (emphasis added)(FAA Order 8900.1 volume 14, Chapter 1, Section 8 paragraph 14-143(A)(3)(a)). Assuming the facts inthe 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 ofthe 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.,

### DocketNo.: FAA-2011-1125, FAA 

### CaseNo. 201080150236 

### violation). Second, none ofthe criteriatopreclude administrative action orinformal action apply, such as (1) legal enforcement is notrequired bylaw, (2) administrative action would deter future violations, (3) the apparent violation does not indicate a lack ofqualification, (4) the apparent violation was inadvertent, and (5) the apparent violation did not involve a substantial disregard for safety. Finally, the level ofrisk 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 shouldbeused. 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 ofdiscretion bythe FAAto propose a civil fine, and such a proposal was in direct contradiction of FAA Order 8900.1. Accordingly summary judgmentin favor ofRespondent is appropriate. CONCLUSION

Based on the foregoing, the Plaintiffrespectfully requests that the court enter an order granting
summaryjudgmentin favor ofthe Respondent. Datedthis'\

.. dayofJune, 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. BarNo. 232955 gibbs@gibbslawgroup.com

Page 5 

### of6IN 

### THE MATTER OF ELITE AIR, INC., DocketNo.: FAA-2011-1125, FAA CaseNo. 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 ofthe 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:TheHonorable J.E. Sullivan Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, D.C.20590

I hereby certifythat have this date caused to be furnished via United States PriorityMail, postage prepaid, the original and a copy addressed to: Hearing Docket Clerk FAAAGC-430, Suite 2W1000 WilburWright Building 800 Independence Avenue, SW Washington, D.C. 20591 Dated this

# --:f~ ofJune, 2012.

# ~\**\;~** B. 

### Gray

# Gib~**~**

Page 6 of6

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

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 FORADMISSIONS 1. 

### Admit that the crew of N444CW performed a complete pre-flight inspection of the aircraft priorto flying on each ofthe dates at issue. Answer: Denied for lack ofknowledge 2. Admit that part ofthe pre-flight inspection determined that they would not overfly any maintenance item during the courseplan offlight. Answer: Admit inpart; Denyinpart. 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 ofknowledge that the pilot-in-command ofthe 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 aviolation. 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 ofany previously alleged errors. Answer: Elite Airwas issued a warning letter onDecember 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 inJuly 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 FAAdoes not know whether ornot the crew of N444CWperformed a completepre-flight**inspectio~.** 

### Answerto Request ForAdmission,2: The answerto 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 ofthe criteria for administrative action is the violation does not indicate a trend ofnoncompliance. 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 FORPRODUCTION 1. Your entire administrative file regarding this investigation. Answer: See Attachment.

Respectively submittedthis 13thday ofMarch, 2012.

## R~.Landers Attorney Office ofthe Regional Counsel

### CERTIFICATE OF SERVICE
I hereby certifythat the foregoing discoveryresponse was sent via certifiedmail to: 

### B. Gray Gibbs, Esq. 100 Second Avenue South Suite 101-S St. Petersburg, FL 33701 (727) 892-9902

nt Regional Counsel 

## APR 13

# zmz Dated

# PRODUCTION REQUEST 11----------------------------------------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. StatementofCase This case concerns operations by Elite Air Inc. (EOYA592J) a FAR 135 on demand air carrier with its base ofoperations at St. Petersburg, FL. 

### lOP# 1 

### and lOP# 2 During the period from June 15,2010to 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 ofMaintenance (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 ofpersons 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 ofthe certificate holder's crewmembers is: (a) The certificate holder's direct employee or agent during every aspect ofthe Part 135 operations, · including those aspects related to any pre-flight and post- flight duties. The certificate holder is accountable for the actions and inactions ofthese persons during all its aircraft operations. 

### 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'sprocedure for the PIC to determine the maintenance status of the aircraft was not being followed. 

### lOP# 5 

### Elite Air's Director ofMaintenance is Mr. James Magill. 

### lOP# 6 In order to advise the flight crews ofthe maintenance status ofthe 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-106 is to be maintained in the aircraft flight log as required by the GOM page E-1. The DOMfailed 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 onthis series offlights was Mr. David Keys who failed to follow the procedure required by the GOM on page E-1 which requires the PIC as part ofthe 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 fromthe status sheet form EAI-106 shall be entered by the PIC in the appropriate blocks onthe aircraft flight manifest (EAI-301). 

### lOP#7, # 8 and# 9 The required GOM procedures were not being followed inthat 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 under5 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 ofthis 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-310 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 ofFAR 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 AirInc "FOR OFFICIAL USE ONLY" 2010S0150236 "Public availability to be determined under5 USC 552"

### Elite Air Inc 

# Section C (Items ofProof)

"FOROFFICIALUSE ONLY" "Public availability to be determined under 5 USC 552" 2010S0150236

### Section C Items ofProof 

### lOP# Description 1. Copy ofElite Air Inc. (EOYA592J) Air Carrier Certificate. 2. Copy ofOperations Specification AOO 1. showing principal base ofoperations 3. Copy ofOperations Specification A008. Operational Control page 1and 2 4. Copy ofOperations Specifications 0085 showing N444CW listed on Elite Air Inc. Air Carrier Certificate. 5. Inspector statement ofWilliam Meenan showing the Elite Air maintenance manager was unaware ofthe General Operations Manual requirement to determine the inspection status prior to flight 6. Copy ofOperations Specification A006 showing Mr. Magill as Director ofMaintenance. 7. Copy ofGeneral 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 ofform EAI-301 Aircraft Flight Manifest 8. Copy ofblank form EAI-106 Status Sheet page S-20 ofGeneral Operations Manual. 9. Copy ofblank form EAI-301 Aircraft Flight Manifest page S-4 ofGeneral Operations Manual. 10. Copies ofcompleted forms EAI-301 for N444CW showing 7 flights operated under FAR 135 while not in compliance with the requirements ofthe Elite Air General Operations Manual and FAR 135.21(a). 11. Copy ofletter ofInvestigation sent to Elite Air Inc. October 5, 2010. 12. Letter ofresponse from Elite Air Inc. dated October 15, 2010 indicating that the PICand the maintenance technician have reviewed and understand the procedures in the operators General Operations Manual.

Elite Air Inc "FOROFFICIAL USE ONLY" 2010S0150236 "Public availability to be determined under 5 USC 552"

### us.Department ofTronsporta!ioo Federal Aariotlon Adn*llst1allon 

# 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.

Certificate number: 

### EOYA592J

# ~.~c?:£~ ORIGINAL ISSUE DATE: MARCH 4, 2002 (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 ofTransportation 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 ofoperation is located at: Primary Business Address: I00 Second Avenue South Suite lOIS St. Petersburg, FL 33701
The holder ofthese 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 ofTransportation.
The certificate holder shall conduct these kinds ofoperations in accordance with the specific authorizations, limitations, and procedures in these operations specifications and all appropriate Parts ofthe CFR.
b. These operations specifications are effective as ofthe "Date Approval is effective" listed in each paragraph and shall remain in effect as long as the certificate holder continues to meet the requirements ofPart 119 as specified for certification.

c. The certificate holder is authorized to use only the business name which appears on the certificate to conductthe 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 ofcompany officials usingthe applicable authorizations in these operations specifications, without obtaining a Letter ofAuthorization, provided the flights are not conducted for compensation or hire and no charge ofany kind is made for the conduct ofthe flights.

Print Date: 2/8/2009 AOOI-1 Elite Air, Inc. Certificate No.: EOYA592J- ------ ------------------ ---------------------------------------

U.S. Department ofTransportation 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 ofoperational control described in subparagraph d. below must be included or described in that system.

The system ofoperational control is described in Section A ofthe General Operations Manual ofElite Air, Inc.

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

c. The certificate holder may not engage in any ofthe following practices and shall not: (1) Franchise or share the certificate holder's authority for the conduct ofoperations under its certificate and operations specifications to or with another person or entity. (2) Use a ''Doing Business As" (DBA) name in any way that represents an entity that does not hold an air carrier or operating certificate and operations specifications as having such a certificate and operations specifications. (3) Engage in a Wet Lease Contrary to 14 CFR Section 119.53. In accordance with Section 119.53(b), the certificate holder may not wet lease from or enter into any wet leasing arrangement with any person not authorized by the FAA to engage in common carriage operations under 14 CFR Parts 121 or 135 (as appropriate), whereby that other person provides an aircraft and at least one crewmember to the certificate holder. A lease, or other business. arrangement with a lease, is considered a wet lease ifany ofthe following conditions exists: (a) The certificate holder and the aircraft owner/lessor agree that the certificate holder is required to use the aircraft owner's/lessor's pilot in Part 135 operations, (b) The aircraft owner/lessor is obligated to furnish pilots to the certificate holder to operate the aircraft, or, (c) The aircraft owner/lessor has the power to veto who the certificate holder will use to 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.: EOYA592JU.S. Department ofTransportation 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 ofan aircraft for operations under these operations specifications without a complete, effective and sustainable transfer ofoperational control to the certificate holder for all Part 135 operations conducted under these operations specifications. d. Elements ofOperational Control. The following items are essential elements ofoperational control and are required to be components ofthe operational control system, used by the certificate holder, and as described or referenced in subparagraph a. above: (I) Crewmember Requirements. The certificate holder may not conduct any operation under Part 135, unless each ofthe certificate holder's crewmembers is: (a) The certificate holder's direct employee or agent during every aspect ofthe Part 135 operations, including those aspects related to any pre-flight and post-flight duties. The certificate holder is accountable for the actions and inactions ofthese persons during all its aircraft operations. (b) Currently trained and/or tested, qualified, and holds the appropriate airman and medical certificates to conduct flights for the certificate holder under Part 135, and is otherwise qualified to accept the specific flight assignment, considering flight and rest requirements, airspace qualification and the type ofoperation intended in the assignment. Each pilot must be specifically listed by name and airman certificate number on a. list ofpilots maintained by the certificate holder at its main base of operations or listed in operations specification A039 or A040, ifapplicable. This information must be

· available for inspection by the Administrator as specified in Section 135.63. (2) Aircraft Requirements. The 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 andremains, without interruption in the certificate holder's legal and actual possession (directly or through the certificate holder's employees and agents) during all ofits Part 135 flights; or (b) Leased by the certificate holder or otherwise in the legal custody ofthe certificate holder and remains in the certificate holder's exclusive possession or custody during all ofits Part 135 flights. (c) For each aircraft which the certificate holder uses under these operations specifications, the aircraft owner or other lessee ofthe aircraft may operate the aircraft under Part 91, under the control and responsibility (including potential liability for an unsafe operation) ofthe owner or other lessee, as long as the following condition is met:

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

- When the aircraft is returned to the certificate holder but before the aircraft is operated 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.: EOYA592JU.S. Department ofTransportation 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-100-1A I0 BD-700-IAI1 BE-400-400 CE-650-CITATION Ill CL-600-28 16 DASSAULT-FALCON-2000EX EMB-135-BJ**HAWKE~-750** HAWKER-850XP HAWKER-850XP LR-31-A LR-31-A LR-31-A LR-45-45 RA-390-390

D085-l Elite Air, Inc. Certificate No.: EOYA592J

## Inspector Statement
On September 12, 2010 I performed a ramp inspection on Cessna Citation N444CW at Sanford FL. During the course ofthis 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 ofaircraft airworthiness inspections prior to flight. The GOM requires the Director ofMaintenance to issue a maintenance inspection status sheet form (EAI-106) 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 of7 flights under FAR 135

between 6/15/201 0 and 8/12/201 0. When I qu,estioned the Maintenance Manager Mr. Paul Becktal about why this procedure was not being followed he stated he was unaware ofthe Elite Air GOM requirement for this procedure and used a different method ofchecking the status ofinspections, specifically the Cescom aircraft status report. He stated he would take the matter up with the Elite Air Director ofMaintenance.

# ~~~~-­ William D. Meenan PMIU.S. Department ofTransportation 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 ofthe certificate holder. Table 1- Authorized Management Positions and Personnel Part 119 Position Title Name Company qutva ent Posttton tt e E ' I T'l Dir

.. ofOperations, Part 135 Gibbs, Belve Gray Dir. ofOperations, Part 135 Responsible Person-Crew Ops Kindt, Kara Flight Coordinator Director ofMaintenance Magill, James Director ofMaintenance ChiefPilot, Part 135 Paul, David G. ChiefPilot, Part 135

'

Print Date: 4/l/2010 A006-1 Certificate No.: EOYA592J 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. ELT 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)

ELT 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 ofAircraft. 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 ofwhether item is airframe or engine component. 11. Next Dated Item due. 12. Date which Next Dated Item is due. 13. Next ELT 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 ofthe Airworthiness Directive. 21. Type oftime limitation.EAI-301A.ircra11FlightRev.12Dates:(1)1·_:':"'"":'1No.:XX-00001NextilmeLimited(43)Ne}{tCycleUrrHted(44)NextD9teLimifed(45)G>mmrz-m-i;:omr:::Oa:.."CzmC">;:o'0.z(J)s:)>zc)>r(f)j,.;aIw(j)--__..CJl60.,..N00(j)ELITE AIR, INC. S-5/ R-42/15-May-2008 GENERAL OPERATIONS MANUAL INSTRUCTIONS FOR COMPLETION OF EAI-301 1. Enter the date(s) offlights. 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. Ifthe aircraft does not have an APU, enter N/A. · 14. Enter the total of hours and cycles after this series offlights. 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 ifthe 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 ifthe 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 ifthe 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 ofthe facility used to conduct the VOR ops check if checked. 49. Enterthe 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 ofthe check.-<700.......-000..10r·-o0**N.-0:>0r·-o0N.....N."IN""&:.i{:.:...,•\..>.GF=NF',M!l.NUALDates:a-/.((I{0-urnCaptainSignature"..........•.•.•.•u•,;Atr,Inc.-----(S-4/R-36i15-SEF)-20('·.N444CWEAI-301Rev.12ELITE/...,,INC.__OPERATIONSMANUAL(S-4/R-36/15-SEP-20F-Dates:.'0(1s1\0ITailNo.N444CW-·-·'"'"No.:CW-00105APIJHG>U·f§ltGPE5CTi:Q;fti18··f>U$-*t:"Ftf1Jii:el4mlte:dv·--I"-I•l.;j···i.rir-'.,...L".y,,.....J,_e··.:litn·itedEliteAir,Inc.EAI-301Rev.12..,.00-·-(•>00o_lOr---00.,.(')r-('')0ro0N.,_NN-.r·-o(--·..__............4......::;:I..,IIMll'\1II'«1J,((B-4/R-36/1ry-Sf="P-20069ENERAL_..·-..._..,..·Oates;1'"""'(-"CW-00106EliteAir,Inc.EAl-301Rev,12----------------------------------------------------**~.** '

.U.S.**D~partment** .ofTransportation North Florida FSD0-15 Citadel Inti -Suite 500 5950 Hazeltine National Drive Orlando, Florida 32822-5023 

## ·Federal Aviation ·;··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. (EOYA) :'· 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 itwas determined that Elite Air Inc. is not complying with the requirements ofits General Operations Manual in that the Maintenance Status Sheet (EAI-106) is not being provided to the flight crews. The Pilot in ·,: Command is requiredto enter the inspection due times and dates from the Aircraft Maintenance Status Sheetonthe Aircraft Flight Manifest (EAI-301). This requirement is notbeing accomplished bythe Pilot in Command. Operations ofthis type maybe contraryto the Title 14 ofthe Code ofFederal Regulations (14CFR). This letter is to inform you thatthis matter is under investigationbythe Federal Aviation Administration (FAA). We would appreciate receiving anyevidence or statements you might care to make regarding this matter within 10 days ofreceipt ofthis letter. Any discussion or written statements furnished by you will be given consideration in ourinvestigation. Ifwe do not hear from you within the specified time, our report will be processed without the benefitof your statement. Ifyou have any questions or need assistance, please contactme at ( 407) 812 -7760, Tuesday through Fridaybetween thehours 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 item4 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 IfYES, enter delivery address below:

MR. B GREY GIBBS, PRESIDENT ELITE AIR INC. 

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

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## /.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 102595·02-M-1540