UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

MONROE AIR CENTER, LLC, 

Respondent 

FAA CASE NO. 2011 SW030084 

FAA CP CASE NO. ___ _ 

JUDGE NOT ASSIGNED 

AFFIDAVIT OF PALMER JARRELL 

PERSONALLY appeared before me the undersigned authority, Palmer Jarrell, who, being duly 

deposed and sworn states as follows: 

l. My name is Palmer Jarrell. I am over 21 years of age. I am competent to give testimony in 

the matter captioned above. The statements made in this Affidavit are based upon my 

personal knowledge. 

7 -

2. At all times relevant to this action, I have served in the capacity as the Director of Operations 

of Monroe Air Center, LLC ("MAC"). 

3. I am a former air! ine pilot with Part 121 experience and I am familiar with the regulations 

that deal with operational control and the host of regulations and operation specifications 

which impact upon the operation of an air carrier authorized to conduct revenue operations 

carrying passengers in commercial service. I have nine (9) years of experience as an airline 

pilot and over 10,000 hours of flying hours. 

4. During the summer and early fall of 2011, MAC was in the process of transitioning its 

operations to JPS Aviation, LLC ("JPS"). Part and parcel of that transition effort required 

that we draft a new general operations manual ("GOM") for JPS. 

5. We experienced ongoing and persistent problems with the Louisiana Flight Standards District 

Office in Baton Rouge, Louisiana to with regard to the preparation and drafting of the new 

GOM for JPS. The Baton Rouge FSDO continued to insist that we add more and more 

language and unnecessary details to the GOM, and these requirements were much more 
extensive than the requirements we were required to meet in drafting the GOM for MAC. 

Eventually, the demands of the FAA became so exhausting and time consuming that we hired 

a professional manual writer to draft the GOM for us, but still the FAA could not be satisfied. 

I believe the demands of the FAA with respect to the new GOM for JPS were unreasonable. 

It was during this time that we retained the services of Alan Armstrong, an attorney who 

specializes in aviation law in Atlanta. 

6. I have read and considered the allegations made in the Complaint filed by the FAA against 

MAC. I believe the allegations made against MAC are without foundation for the following 

reasons: 

(a) First of all, according to my understanding, the listing of John 0. Shamblin as the general 

manager was an oversight, a matter disclosed to the FAA. See ~3A of the Complaint. 

(b) Secondly, I am not convinced that the superseded aircraft status log could not be located 

during the FAA focus inspection from August 8 to August I2, 2011. I must comment 

and point out that the focus inspection was very distressing, since a team of no less than 

four or five FAA inspectors descended on the premises of MAC for a period of four or 

five business days. It was a very stressful and unnerving experience for me and the 

employees of MAC. 

(c) Thirdly, it is my understanding that the failure to comply with 14 CFR §135.2I(a) 

cannot give rise to a violation of the Federal Aviation Regulations, this having been 

confirmed by a letter of interpretation from AS0-7 to AS0-200 dated June I 0, 198I, 

attached hereto and marked as Respondent's Exhibit No. I. 

(d) Fourth, with regard to the claim that N800CF was operated as a direct air carrier or as a 

commercial operator "without" an appropriate ce1iificate and operation specifications 

allegedly in violation ofCFR §119.5(g), those claims simply are untrue, since the 

evidence is clear that N800CF appeared on the D085 aircraft listing page marked 

2 
Respondent's Exhibit No.3 which was part and parcel of our air carrier certificate issued 

to Monroe Air Center by the FAA and marked as Respondent's Exhibit No.2. 

(e) At all times material to this action, the operation ofN800CF was in operational control of 

MAC, since operational control is defined as: 

Operational control, with respect to a flight, means the exercise of authority over 

initiating, conducting or terminating a flight. See 14 CFR § 1.1. 

(f) The fact that our charter coordinator, Judy Fuller, used the wrong invoice in the form of 

Respondent's Exhibit No.6 attached reflects the fact that there was confusion about the 

transition from MAC to JPS; however, there is no dispute about the fact that the aircraft 

in question, N800CF, was in the operational control of and actually operated by MAC. 

FURTHER AFFIANT SAITH NOT. 

SWORN TO AND SUBSCRIBED 

6-

Before me this the J2__ day of 

July, 2012. 

\\~ ~ Di--

NOT ARY PUBLIC 

DAVID H. NELSON 

NOTARY NO. 16805 

NOTARY PUBUC, OUACHITA PARISH, LOU!SW~. 

MY COMMISSION IS FOR LIFE 

Palmer Jarlcil/ 

3 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

MONROE AIR CENTER, LLC, 

Respondent 

CASE NO. 2011 SW030084 

RESPONDENT'S LIST OF EXHIBITS 

1. Letter of Interpretation from AS0-7 to AS0-200, June 10, 1981 regarding enforeceability of 

FAR Section 135.2l(a) 

2. Air Carrier Certificate issued to Monroe Air Center, LLC by the FAA effective January 24, 

1986 (reissued March 5, 2002), Certificate No. HL W A 116E 

3. Operation Specification D085 issued to Monroe Air Center, LLC effective September 15, 

2011 

4. FAA Operation Specification A502 issued to Monroe Air Center October 3, 2011, expiring 

October 18, 2011. 

5. Letter from FAA Aviation Safety Inspection Mary E. Donahue to Monroe Air Center, LLC, 

October 20, 2011 

6. Invoice No. 11-10035 from JPS Aviation, LLC to Ochsner Hospital, October 25, 2011 

referencing N800CF 

1 
··, 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

n " ~e 7/R; 71.?·:. . ~ kr:)::;2~:; ... /I. \) .f·y~-.;1~ 1·..::0·, ~3 I 

DATE: Jun 1 o 188\ 

SOUTHERN REGION \) .. . 

P. 0. BOX 20636 

ATLANTA. GEORGIA 30320 

suBJECT: Enforceability of FAR § 135. 2l(a) 

FROM: Attorney, Office of the Regional Counsel 

TO: AS0-200 

The second sentence of FAR 135.2l(a) provides that "This manual must 

be used by the certificate holder's flight, ground and maintenance 

personnel in conducting its operations. Your memo dated March 6, 

1981, asks, in effect, whether, in light of the foregoing language, 

noncompliance with the certificate holder's manual by its employees in 

the conduct of air taxi operations would be a violation of §l35.2l(a). 

We believe that §135.21 was never intended to be enforced in-this 

manner. In arriving at this conclusion I have reviewed not only the 

appropriate regulatory sections but also the regulatory history 1of 

§135.21. Copies of this material are attached for reference. 

Prior to the time Part 135 was amended in 1978 there only existed the 

requirement that a certificate holder "prepare and keep current a 

manual for the use and guidance of flight, ground operations, and 

m·aintenance personnel in conducting its operations." As noted above, 

amended language now provides that these individuals must "use" the 

manual. The question now arises as to the significance of this 

change. 

Notice of Proposed Rule Making 77-17 (42 FR 43490, Aug. 29, 1977) 

included the following language pertaining to this change: 

§135.23 [changed to §135.21 in the final rule] 

MANUAL REQUIREMENTS. 

, . In addition, this section would be revised by amending 

paragraph (a) to require each certificate holder who is required 

to have a manual to prepare a manual acceptable to the 

Administrator. Further, each flight, ground, and maintenance 

employee of the certificate holder would be required to use the 

manual in the conduct of the ceertificate holder 1s flight 

operations. 

RESPONDENT 

EXHIBIT 

l 
This language, on its face, would seem to imply that the FAA was about 

to make a radical departure from past practice by making noncertificated individuals (i.e., ground employees) s~bject to 

disciplinary actions. Moreover, the change would be even more radical 

since we would be enforcing not only sta~dards specified in the FARs 

but also internal company standards. 

The extent of this change becomes apparent when considering specific 

cases. Consider, for example, a company manual requirement which 

provides that an aircraft refueler must turn in fuel slips to the 

chief of operations at the end of each day. Could the FAA logically 

take the position that if the refueler turns in the fuel slips at the 

end of each week and turns them in directly to the accounting 

department he would be in violation of the manual, and, therefore, in 

violation of §135.2l(a) and subject to ~ civil penalty. The answer is 

self evident. 

The language which was adopted in the final rule provides that the 

manual must be "used." The word 11 used'' is, not defined in Part l, so 

under the rules of construction we must apply its commonly :accepted 

meaning. Webster's new collegate dictionary provides the following 

definition. 

USE (verb) 1. Accustom, habituate 2. to put into action or 

service: avail oneself of: employ 3. to consume or take (as 

liquor or drugs) regularly 4. to carry out a purpose of action 

by means of: utilize 5. to expend or consume by putting to use 

6. to behave toward: act with regard to: treat' I I 

·' i 

In considering this definition it is ~iffic~lt to conclude that a 

requirement to use a manual is the same as a requirement to be bound 

by the manual. This conclusion is furth·er strengthened when other 

language in the preamble and rule is considered. For example, the 

third sentence in §135. 2l(a), although addressing deviations, clearly 

implies that the manual is for the "guidance" of flight, ground and 

maintenance personnel. Guidance, by definition, is not mandatory but 

merely informatory. 
After considering all of the material available and also after 

discussions with AGC-220 it seems clear that the requirement to "useH 

the manual was intended as a mandate to the operator to insure that 

its personnel have sufficient guidance available and that company 

emphasis be placed on the use of this guidance. It was not intneded 

to be enforceable against individual employees. 

Now that the foregoing conclusion has been drawn a qualification must 

be inserted. In almost every case where enforcement action would be 

appropriate (i.e., in cases other than the type used in the example 

above) there will be an appropriate FAR section other than 135.2l(a) 

on which the violation action can be based. For example, if a pilot 

violates the manual's weight. and balance provisions [see §135.23(b)], 

he will, ~n all probability, also be in violation of §135.185. 

There will, of course, be times when an operator imposes on his 

employees a higher standard than required in the FARs. In a case 

where an employee violates this higher standard, under the guidance 

stated above, enforcement action would not be appropriate. 

In summary, the rule of thumb should be that if an individual fails to 

comply with a part of the manual that is made mandatory by some 

section of the FARs other than §135.2l(a) then the violated FAR should 

be cited. If, on the other hand, an individual violates a company 

standard not covered by the FARs then any enforcement action as to the 

violation of that standard should be at the discretion of the company. 

This opinion has been coordinated with the Office of the Chief 

Counsel, Operations Law Branch, AGC-220. 

AL,._~ .0 ·~ , 

xRSCHEL H·uN. JR. 
US Departmer.t 

of Tr2r.sportation 

Federal Aviation 

Administration 

RESPONDENT 

EXHIBIT 

h 

Air Carrier Certificate 

This certifies that 

!Vlonroe Air Center, LLC 

5410 Operations Road 

l\·1on roe, Louisiana 71203 

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 ca:rier 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, 

shal! continue in effect indefinitely. 

Certificate number: ___ _!::LUVAIIGE 

Effective Date: ___ Januai1-_?D~?ii __ _ 

Reissued: 03/05/2002 

Issued at: __ lia..tillLRm!~"-L_oJ!is_i;UEL __ _ 

FAf.. Fcrfll £.~30-13 (Q-(,7) 

By Direction of the Administrator 

/~ _-.------;-~ !.--t!J:!-,.. 

r; r __ ~ 

.{/..._ 

__ \._____/--='----'"] T'-'"'o~seph D Smith 

(Signature) 

~0~ OFFICIAL USE ONLY 

Puollcavailability to be 

determined under 5 U.S.C. 552" 

--~A=c~ae~r ___ _ 

(Title) 

S\V03 

(Region/Office) 
J s *M+ 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

D085 . Aircraft Listin2: 

Operations Specifications 

HQ Control: 02/06/1998 

HQ Revision: 02a 

a. The certificate holder is authorized to conduct operations under I 4 CFR Part 135 using the 

aircraft identified on this operations specification. 

Registration No. Serial No. Aircraft Mll\J/S 

N559DW BB-1036 BE-200-B200 

N711EL TH-732 BE-58-58 

N800CF TH-1599 BE-58-58 

N396CA U-1035 BE-90-C90 

1. The Certificate Holder applies for the Operations in this paragraph. 

2. Support information reference: 

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

2011.1 J'i .15 1.~ ::':-;:2' ( ·-:lltr;d D:l\ li~hl Time 

I oc~lit'll: \\ L·ht lf'SS - -

Di~il:llh 'i'"nc·d b1 llc\111 (I .lt<hlh>ll. 

l'rGtcip:;l \Ltinlc'n:ut<:c' lll'['L·cinr tS\\'0.~! 

4. Date Approval is effective: 09/15/201 I Amendment Number: 12 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Woodward, Donald E., Dir. of Maintenance, Part 135 

Print Date: 9/ 15!20 I 1 

Date: 09/15/2011 

FOR OFFICIAL USE ONLY 

"Public availability to be 

determined under 5 U S.C. 552" 

0085-1 

Moruoe Air Center, L.LC. 

RESPONDENT 

EXHIBIT 

3 
ti ¥ && li 

U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

A502 . Air Carrier Merger and/or Acquisition HQ Control: 05/23/2006 

HQ Revision: 000 

a. The certificate holder, Monroe Air Center, L.L.C., is authorized to conduct operations in 

accordance with these operations specifications during the merger transition period with JPS 

Aviation, LLC.. The merger transition period will commence October 3, 2011 and shall continue until 

all required training and qualifications are accomplished or within: a period no later than October 18, 

2011.. 

b. The following conditions must be met for the certificate holder to continue to conduct operations 

during the transition period: 

(1) General: 

Letter of Compliance addressing appropriate parts of 14 CFR Parts 43, 61, 91, 119 and 135 must 

be submitted for JPS Aviation, LLC 

No changes in required personnel (Director of Operations, Chief Pilot, or Director of Maintenance) 

unless approved by the Baton Rouge FSDO. 

Schedule of Events for Air Carrier certification per FAA Order 8900. I will be provided to show 

target dates. 

(2) Operations: 

Operations under 14 CFR 135 will be conducted using Monroe Air Center, LLC's Operation 

Specifications, General Operations Manual, Training Program, HAZMAT Program, MEL's and 

aircraft checklist/briefmg cards 

(3) Airworthiness: 

Any required inspections, sign-offs, or maintenance training will be conducted using Monroe Air 

Center, LLC's Operation Specifications, General Operations Manual, maintenance training, Aircraft 

Maintenance Manuals and authorized maintenance program. 

c. This operations specification is valid as of the effective date and shall remain in effect as long as 

the certificate holder continues to meet the requirements of this operations specification. 

d. This operations specification msut be re-issued to extend the transition period indicated in 

subparagraph a above. When the transition is complete, this operations specification is no longer 

necessary and must be archived. 

Utilization of the above Operation Specifications, Manual and procedures shall be void after 

certification is completed for JPS Aviation, LLC. 

RESPONDENT 

EXHIBIT 

Jj. 

Print Date: 1017/2011 A502-l Certificate No.: HL W A 116E 

P6~f:MtrAE tJdEb<NL Y 

J 
U.S. Department 

of Transportation 

Federal Aviation 

Administration Operations Specifications 

1. Issued by the Federal Aviation Administration . 

2. Support information reference: 

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

211 I 1.111.11: I S:11::11~ ( ·-:nlrcd De~\ li~hl J'in1-: 

l.ocali,m: \\.c'l1f II'S'> · ~ 

f)i,iulh ,j"n.:d h1 \larv llh>luhuc·. 

i'ri~lc·ip:;l I J!h:ral j, ;II) ilh-!'c'Cllll' 1 ') \\ ·u.> I 

4. Date Approval is effective: 10/03/2011 Amendment Number: 5 

5. I hereby accept and receive the Operations Specifications in this paragraph. 

Jarrell, C. Palmer, Dir. of Operations, Part 135 

Date: 10/03/2011 

Print Date: 10/7/2011 A502~2 Certificate No.: HLWA116E 

Monroe Air Center, L.L.C. 
Baton Rouge, Louisiana Flight Standards District Office 

6100 Corporate Boulevard 

Suite 200 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Baton Rouge, Louisiana 70808 

225-932-5900, Fax 225-932-5975 

October 20, 2011 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Mr. Paul Bullock, Agent for Service 

Monroe Air Center, LLC 

5410 Operations Rd. 

Monroe, LA 71203 

Dear Mr. Jarrell: 

RESPONDENT EXHI~IT 

s 

The Operations Specifications paragraph for Air Carrier Merger/ Acquisition has expired 

effective October 18, 2011 and the authorization for a transition to JPS Aviation, LLC has 

been suspended at this time. Enclosed you will find your amended copy of Operatioq 

Specifications paragraph A004, removing paragraph A502. ~ 

6 

Due to the removal of this paragraph, Monroe Air Center, LLC's Air Carrier operations 

must utilize the following: (01 J- ./.Y} 

Monroe Air Center, LLC Operations Specifications 

Monroe Air Center, LLC General Operations Manual 

Monroe Air Center, LLC Training Program 

Monroe Air Center, LLC HAZMA T Program 

Monroe Air Center, LLC Minimum Equipment Lists 

Monroe Air Center, LLC Maintenance Program 

Also, per 14 CFR 119.9, the business name on your Air Carrier Certificate, i.e. Monroe A1 

Center, LLC, must be used for ail operations conducted under 14 CFR Part 135. 

r 

Please review the enclosed Operations Specifications, sign both copies and return one set 

this office within 14 days of receipt. 

Should you have any questions concerning the above, please call this office. 

Sincerely, 

Mary E. Donahue 

Aviation Safety Inspector 

FOR OFFIClf\L.~.S,E O~.JLY "P •h\i,... "'""'l\2b':l~·l 1.C b~ U-..... ..._. ~.:- ,_ )1:. U ~ C 552q determined unq·~r'"' ·""· . .·' 

to 

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r~~~l~~''lll~lr" 1~1 rill' 'lid ~~~~ ~~11111~1' d 111 

Mr. Paul Bullock, Agent for Service 

Monroe Air Center, LLC 

541 0 Operations Road 

Monroe, LA 71203 

. SENDER: COMPLETE THIS $ECnON . · '.'. .':- ~ . . . . . . ' ,"' 

• Complete items 1, 2, and 3. 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: 

FOR OF FlC i/~.L S[~ Of.;LY 

"Public avai labi lity tc be 

~~ ~~::~~Jr"Hief 5 ·U.S.C. ~ 

111 11 "lll~ll''l•lrlll''ll"r 11 11 llrlr 1' ''~==t=====::==:::::::l;:=== Mr. Paul Bullock, Agent for Service 

Monroe Air Center, LLC 

541 0 Operations Road 

Monroe, LA 71203 4. Restricted Delivery? (Extra Fee) 

2. Article Number 

. . • (T'r'!ns r from 7<;rvir;:e ~1?~0 7010 1870 0001 8188 2871 

\=is Form 3811 ; Febru'ary 2004 Domestic Return Receipt 

0 Yes 

1 02595·02-M-1• 
JPS Aviation, LLC 

5410 Operations Road 

Monroe, LA 71203 

800-223-3895/318-387-0222/318-325-7558 (Fax) 318-387-1506 

Invoice: 11-10035 

Account#: OCHHO 

Sold To: OCHSNER HOSPITAL (RAMEE & WHITE) 

Attn: LORI DRUFNER 

ATTN: Dr. Christopher White 

1514 Jefferson Hwy 3rd Floor 

New Orleans, LA 70121 

10/25/11 

8.12AM 

Sales Person: Lisa 

Line# Type Item/Description I Cr?l Aircraft I Quantityl Units l List Price I Disc\ 

1 Chrt Charter I I N800CF I 11 Trip I 1,757.501 I 

Aircraft Charges 1,332.50 

Capitan Daily Rate Charges 350.00 

Ldg/Departure Fees 75.00 

CHARTER TO NEW ORLEANS 

CONFIRMED BY: LAURIE ADAMS 

PASSENGERS: DR. RAMEE AND LORI 

PILOT: ALLEN FORD 

DATE OF CHARTER: 10/25/11 

j Subtotal 

I Total Due 

No returns on electrical parts. No parts exchanges. 

Customers returning parts must pay a 20% restocking charge. 

Terms: Net 10 days 

l 

Printed: 10/27/11 FOR OFFICl/\L USE ONLY 

"Public availability to be " 

dstcrm1ned under5 U.S.C. 552 

~ · RESPONDENT 0 

z EXHIBIT 

(j; 

Unit Price Extended 

1,757.50 1,757.50 

1,757.50 

1,757.50 

I 

I 

Page: 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the above and foregoing Affidavit of Palmer Jarrell was served 

upon counsel for the Administrator by First Class United States Mail, postage prepaid, addressed as 

follows: 

Tim Duff, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

2601 Meacham Blvd. 

Room 663 

Fort Worth, TX 76137 

18/k 

Respectfully submitted this the __ day of July, 2012. 

4