i. '•h 

In the Matter of: 

UNITED STATES OF AMERICA 

; ·.DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

": f ! c. , t -; 

MONROE AIR CENTER, LLC, 

Respondent 

FAA CASE NO. 2011 SW030084 

FAA CP CASE NO. ___ _ 

JUDGE NOT ASSIGNED 

AFFIDAVIT OF JUDY FULLER 

PERSONALLY appeared before me the undersigned authority, Judy Fuller, who, being duly 

deposed and sworn states as follows: 

1. My name is Judy Fuller. I am over 21 years of age. I am competent to give testimony in the 

matter captioned above. 

2. At all times material to this action, I have served as the charter coordinator at Monroe Air 

Center, LLC (hereinafter "MAC"). 

3. During the summer and fall of 2011, I understood that the leadership of MAC was working 

with the FAA to transition the operations of MAC to IPS Aviation, LLC (hereinafter "JPS"). 

4. There was an FAA focus inspection conducted by the FAA at the premises of MAC between 

August 8 and August 12, 2011. I understood that the leadership at MAC was making every 

effort to put in place a General Operations Manual (hereinafter "GOM") that would satisfy 

the FAA. However, my understanding is that the FAA became increasingly demanding with 

respect to the contents of the GOM to such an extent that the FAA's demands could not be 

satisfied. Nevertheless, we were repeatedly given extensions of time to accomplish the 

transition from MAC to JPS and I understood this transition of operation would take place 

after October 18, 2011. 

5. With regard to the flight ofN800CF on behalf of Oschner Hospital on or about October 25, 

2011, MAC had operational control over the flight. That is to say that MAC had been 

conducting flight operations under an air carrier certificate issued by the FAA and continued 

to exercise its certificate of authority and conduct flight operations including the operation of 

1 

'r:T 
N800CF on MAC's air carrier certificate. Please see the air carrier certificate MAC attached 

hereto and marked as Respondent's Exhibit No.2, as well as the aircraft listing page D085 

issued by the FAA to MAC on September 15,2011, attached and marked Respondent's 

Exhibit No.3. 

6. When I dispatched Invoice No. 11-10035 to Oschner Hospital in the form ofRespondent's 

Exhibit No.6, dated October 26,2011, for the flight ofN800CF, I mistakenly used the wrong 

form. The fact that I used the wrong form did not mean that the aircraft was not under 

operational control of MAC. Because the operation ofN800CF was conducted under the air 

carrier's certificate of MAC, it cannot be argued that the aircraft was operated as a direct air 

carrier "without" an air carrier certificate or operation specification contrary to 14 CFR 

§119.5(g). 

SWORN TO AND SUBSCRIBED 

. .·Tf}'-' Before me this the _iL day of 

July, 2012. 

~(if /\.,-,; ,.,,1 ( I tf/ r ~fCH !f \f i :Vf] 1 h" (/ v \..1>......-\...V~ V/1,._" .._; , \,( \ \..' v \) lf../ -----\.,--"' 

NOTARY PUBLJC 

ALLISON McCAIN JARRELL 

LA BAR NO. 27716 

Judyfl?t~ 

2 
In the Matter of: 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

MONROE AIR CENTER, LLC, 

Respondent 

CASE NO. 2011 SW030084 

RESPONDENT'S LIST OF EXHIDITS 

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

FAR Section 135.21(a) 

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

1986 (reissued March 5, 2002), Certificate No. HLWA116E 

3. Operation Specification DOSS 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 IPS Aviation, LLC to Ochsner Hospital, October 25,2011 

referencing N800CF 

1 
.. ' 

DATE: 

DEPARTMENT OF TRANSPORTATlON 

FEDERAL AVIATION ADMINISTRATION 

JU!i 1 0 188\ 

---1:') ,,~ ~. ., r\ (! . : r! o 1"7 <~ ~~,, ~ !-,---,.~"~ ----~~ __ ,. f\ .l t~\"''\._/.....__·, I ~v ' c.l . 

SOUTHERN REGION \l . j 

P. 0. BOX 20636 

ATLANTA. GEORGIA 30320 

suBJECT: Enforceability of FAR §135.21(a) 

FROM: Attorney, Office of the Regional Counsel 

TO: AS0-200 

The second sentence of FAR 135.21(a) provides that 11This 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 §135.2l(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\of 

§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 rrprepare and keep current a 

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

maintenance 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's flight 

operations. 
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 standards specified in the FARs 

but also internal company standards. 

The extent of this change becomes apparent when considering specific 

c~ses. 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 "used'' is, not defined in Part 1, 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. 

n~£-QAQQ.J~:~, lRSCHEL H·uN, JR. 
US Department 

of Transportation 

Fedual Aviation 

Administration 

~ RES~ON))ENT 

!i. EXHIBIT 

Jh 

Air Carrier Certificate 

This certifies that 

!Ylonroe 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 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. 

Certificate number: ___ l:iL.iVAII6E 

Effective Date: __ Janual):·J.f. 19__?_§ __ _ 

Reissued: 03/05/2002 

Issued ai: __ .B_;ttillL.E.DJ!~-._LDJtis.iaiFL __ 

f,.!A Fcrrn £~20-13 (5-Bl) 

By Direction of the Administrator 

______.. 'J r ._-

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___ "---./-=-----"--'"'] Tos.eph D Smith 

(Signature) 

tO~ OFFICIAL USE ONLY 

Puoltc availability to be 

determined under 5 U.S.C. 552" 

v ., (Region/Office) 
' ff 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

D085. Aircraft Listine: 

Operations Specifications 

HQ Control: 02/06/1998 

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. Aircraft !VI!l\I/S 

N559DW BB-1036 BE-200-B200 

N7llEL TH-732 BE-58-58 

N800CF TH-1599 BE-58-58 

N396CA U-!035 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. 

21111.11'1.1:; 1.;5~:~' ( 'c:ntr:d De~\ li~ht Timc: 

I ocui,,n: \\ .·hUf'SS . -

Di;oile~\h ,;i;onL·d I" [k;m () .!olllh<lll. 

l'rGtcip:;l \ laink'n:l!tec' lu'pc:ch•r i S\\'(1_; 1 

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: 9/15120 II 

Date: 09/15/2011 

FOR OFFICIAL USE ONLY 

"Public availability to be 

determined under 5 U S.C. 552" 

D085-l 

Monroe Air Center, L.L.C. 

RESPONDENT 

EXHIBIT 

3 ·.·-
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

*5 g;;+p 

Operations Specifications 

A502 . Air Carrier Merger and/or Acquisition 

&& 0 

HQ Control: 05/2312006 

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 8900.1 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 

.'h 

Print Date: 10/7/2011 A502-1 Certificate No.: HL WA116E 

~9flaT=NtrArtfJs\:b~L Y 

"Public availability to be 

) 
U.S. Department 

ofT ransportation 

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. 

21111.111.(1-; I S:ll-;:n:-; C.:ntrcd Del\ li~ill l"inr-: 

L<>catinn: \\·,·h< Ji'S') . -

[)i~it,tlh >ic<ncd h\ \l;irv I lhllrahtk'. 

l'ri~tcip,;l ( lJ1c'l"alit;lh ln;pc'Clt>r IS\\.11.~1 

4. Date Approval is effective: 10/03/20 II Amendment Number: 5 

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

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

Date: I0/03/20II 

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 

MonroeAir Center, LLC 

541 0 Operations Rd. 

Monroe, LA 71203 

Dear Mr. Jarrell: 

RESPONDENT 

-. -EXF!IBIT 

H 

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 Operatiof). 

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: (2; rtJMonroe 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 CPR 119.9, the business name on your Air Carrier Certificate, i.e. Monroe Ai 

Center, LLC, must be used for all operations conducted under 14 CPR Part 135. 

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

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 OFFICIAL USE ONLY · h''''- l" bo "Puh\·1,... ~.~cd2 ... \:1~1 .~- .... · ·• · - · ~ ~ sr:21l determined un,~:;;r b U.;:;..c. J_ 

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'···1 11 1 I 111•1 I I '1•1 I Ill I I II·' I 11 11111 11 I 11•1'•'''1 

Mr. Paul Bullock, Agent for Service 

Monroe Air Center, LLC 

541 0 Operations· Road 

Monroe, LA 71203 

SENDER: COMPLETE THIS SECTION . · , . . . . . . . . . 

• 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. OFFIC!;o,L U~~[~ ONLY 

"Public availability to be 

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4. Restricted Delivery? (Extra Fee) 

2. Article Number 

. . (r"!flsfer from f~!Yiqe l~f?eO 7010 1870 0001 8188 2871 

?s Form 3811; !=ebru'ary zob4 Dohiestic Return Receipt 

0 Yes 

1 02595-02-M-· 
JPS Aviation, LLC 

5410 Operations Road 

Monroe, LA 71203 

800-223-3895/318-387-0222/318-325-7 558 (Fax) 318-387-1506 

Invoice: 11-10035 

Account#: OCHHO 

Sold To: OCHSNER HOSPITAL (RAMEE & WHITE) 

Attn: LORI DRUFNER 

ATIN: Dr. Christopher White 

1514 Jefferson Hwy 3rd Floor 

New Orleans, LA 70121 

10/25/11 

8.12AM 

Sales Person: Lisa 

Line# Type Item/Description J Cr?J Aircraft I Quantity\ Units I List Price\ Discj 

1 Chrt Charter I I N800CF I 11 Trip I 1,757.50 J 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 

I 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 

I 

Printed: 10/27/11 FOR OFFICIAL USE ONLY 

"Public availability to be " 

rbf,-,r,...-,inorlrmril'>r I') !I s <":. 552 

0 

" r·· 

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RESPONDENT 

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 Judy Fuller 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 

}1--

Respectfully submitted this the /8 day of July, 2012. 

3