### UNITED STATES OF AMERICA DEPARTMENT OFTRANSPORTATION 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 PALMERJARRELL PERSONALLY appeared before me the undersigned authority, PalmerJarrell, who, being duly deposed and sworn states as follows: l. My name is PalmerJarrell. I am over 21 years ofage. I am competentto 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 ofOperations ofMonroe 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 ofregulations and operation specifications which impact upon the operation ofan air carrier authorized to conductrevenue operations carrying passengers in commercial service. I have nine (9) years ofexperience as an airline pilot and over 10,000 hours offlying hours. 4. During the summer and early fall of2011, MAC was in the process oftransitioning its operations to JPS Aviation, LLC ("JPS"). Part and parcel ofthat 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 ofthe 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 moreextensive than the requirements we were required to meet in drafting the GOM for MAC. Eventually, the demands ofthe 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 ofthe FAA with respect to the new GOM for JPS were unreasonable. It was during this time that we retained the services ofAlan 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 ofall, according to my understanding, the listing ofJohn 0. Shamblin as the general manager was an oversight, a matter disclosed to the FAA. See**~3A** ofthe 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 outthat the focus inspection was very distressing, since a team ofno less than four or five FAA inspectors descended on the premises ofMAC for a period offour or five business days. It was a very stressful and unnerving experience for me and the employees ofMAC. (c) Thirdly, it is my understanding that the failure to comply with 14 CFR §135.2I(a) cannot give rise to a violation ofthe Federal Aviation Regulations, this having been confirmed by a letter ofinterpretation from AS0-7 to AS0-200 dated June I0, 198I, attached hereto and marked as Respondent's ExhibitNo. I. (d) Fourth, with regard to the claim thatN800CF 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



### 2Respondent's Exhibit No.3 which was part and parcel ofour air carrier certificate issued to Monroe Air Center by the FAA and marked as Respondent's ExhibitNo.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 ofauthority 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 ofand actually operated by MAC. FURTHER AFFIANT SAITH NOT.

SWORN TO AND SUBSCRIBED 

### 6- Before me this the

## J2__ day of July, 2012.

# \\~**~** 

# Di-- NOTARY PUBLIC 

### DAVID H. NELSON NOTARY NO. 16805 NOTARYPUBUC, OUACHITA PARISH,**LOU!SW~.** 

### MYCOMMISSION IS 

### FOR LIFE Palmer Jarlcil/



### 3UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. In theMatter of: MONROE AIR CENTER, LLC, Respondent CASE NO. 2011 SW030084

RESPONDENT'S LIST OF EXHIBITS 

### 1. Letter ofInterpretation 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), CertificateNo. HLW A116E 

### 3. Operation Specification D085 issued to Monroe Air Center, LLC effective September 15, 2011 4. FAA Operation Specification A502 issued to MonroeAir 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 referencingN800CF

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 

# lThis 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 11used'' 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\·1onroe, Louisiana 71203 has met the requirements ofthe 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



### _-.----- r; r**~ /~** **-;-~** !.--t!J:!-,..
__.{/..._

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

### ~0~ OFFICIAL USE ONLY Puollcavailability to be determined under5 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 ofthe 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. ofMaintenance, Part 135

Print Date: 9/ 15!20I 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



# 3ti ¥ &&

# li

U.S. Department of Transportation Federal Aviation Administration Operations Specifications

A502
. Air CarrierMerger 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 ofCompliance 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 ofOperations, ChiefPilot, orDirector ofMaintenance) unless approved bythe Baton Rouge FSDO. Schedule ofEvents 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: Anyrequired 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 ofthe effective date and shall remain in effect as long as the certificate holder continues to meet the requirements ofthis 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 andmustbe archived. Utilization of the above Operation Specifications, Manual andprocedures shall be voidafter certification is completed forJPSAviation, LLC. 

### RESPONDENT EXHIBIT



# Jj.

Print Date: 1017/2011 A502-l Certificate No.: HLW A116E

## P6~f:MtrAE**tJdEb<NL**Y 

# JU.S. Department ofTransportation Federal Aviation Administration Operations Specifications

1. Issued by the Federal Aviation Administration
. 2. Support information reference: 3. These Operations Specifications are approved by direction ofthe 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** IJ!h:ralj,;II) ilh-!'c'Cllll' 1 ')\\·u.> I

4. Date Approval is effective: 10/03/2011 Amendment Number: 5 5. I hereby accept andreceive the Operations Specifications in this paragraph.

Jarrell, C. Palmer, Dir. ofOperations, 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 Specificationsparagraph 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 ofOperatioq Specifications paragraph A004, removing paragraph A502.**~** 6 

### Due to the removal ofthis 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 HAZMAT 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 CFRPart 135. r 

### Please review the enclosed Operations Specifications, sign both copies and return one set this office within 14 days ofreceipt. 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 .ONCURRENCES ROUTING SYMBOL MED**I~ITIAL$/SIG V\(l~**  DATE



### ;o/z, 1 /-/ ROUTING S't1--fBOL BLL
1NITIGJ12.

DATE

# tu{~tl 1( -OUTING SYMBOL ALP
IN!TIALSISIG



# dAY

# D~~J-11

# lkIf OUTl'NGSrBOL**I~ ~**  11':-'V INIT!Al$/SIG

### ~f(**~J'Ji**



# ii/r/11 OUTING SYMBOL

!NITIALS/SlG

PATE

!ROUTING SYMBOL

!NITIALSISIG p-ATE

ROUTING SYMBOL
lNITL"':,;>·SiG

·- DATE

ROUTING Sl'?vt:G0L

JN!TIALS.'SIG

DATE0 r1 stre eC

i<'iiCt'!0: 0 or PO Box No. !'-**r~~~l~~''lll~lr" 1~1** 

## rill''lid**~~~~ ~~11111~1'** 

## d 11

## 1 Mr. Paul Bullock, Agent for Service Monroe Air Center, LLC 541 0 OperationsRoad 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 r everse 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 F orm

### 3811 ;Febru'ary 2004 Domestic Return Receipt 0 Yes

102595·02-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 IN800CF 

## 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 

## ITotal 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 ofthe above and foregoing Affidavit ofPalmerJarrell 

### was served upon counsel for the Administrator by First Class United States Mail, postage prepaid, addressed as follows:
Tim Duff, Esq. Office ofthe Regional Counsel Federal Aviation Administration 2601 Meacham Blvd. Room 663 Fort Worth, TX 76137 

# 18/k Respectfully submitted this the
__day ofJuly, 2012.



### 4