i. 

### '•h In the Matter of: UNITED STATES OF AMERICA ; ·.DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C. ": f ! c. , t -; MONROE AIR CENTER, LLC, Respondent FAA CASE NO. 2011 SW030084 FAA CP CASE NO.
___ _ JUDGE NOT ASSIGNED AFFIDAVIT OFJUDY 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 ofage. I am competentto 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 of2011, I understood thatthe leadership ofMAC was working with the FAA to transition the operations ofMAC to IPS Aviation, LLC (hereinafter "JPS"). 4. There was an FAA focus inspection conducted by the FAA atthe premises ofMAC between August 8 and August 12, 2011. I understood that the leadership atMAC was making every effortto put in place a General Operations Manual (hereinafter "GOM")that would satisfy the FAA. However, my understanding is that the FAAbecame increasingly demanding with respectto the contents ofthe GOM to such an extentthat the FAA's demands could notbe satisfied. Nevertheless, we were repeatedly given extensions oftime to accomplish the transition from MAC to JPS and I understood this transition ofoperation would take place after October 18, 2011. 5. With regard to the flight ofN800CF on behalfofOschner Hospital on or about October 25, 2011, MAC had operational control overthe 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 ofauthority and conduct flight operations includingthe operation of 

### 1 

# 'r:TN800CF on MAC's air carriercertificate. Please see the air carrier certificate MAC attached hereto and marked as Respondent's ExhibitNo.2, as well as the aircraft listing page D085 issued by the FAA to MAC on September 15,2011, attached and marked Respondent's ExhibitNo.3. 6. When I dispatched InvoiceNo. 11-10035 to Oschner Hospital in the form ofRespondent's ExhibitNo.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 ofMAC. Becausethe operation ofN800CF was conducted under the air carrier's certificate ofMAC, it cannot be argued thatthe 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

### _iLday of July, 2012.**~(if** /\.,-,; 

## ,.,,1 ( I tf/ r**~fCH** !f\fi :Vf] 1 h" (/ v**\..1>......-\...V~** V/1,._" .._; , \,( \ \..' v \) lf../-----\.,--"' NOTARY PUBLJC 

### ALLISON McCAIN JARRELL LA BAR NO. 27716

# Judyfl?t~

2In theMatter of: UNITED STATES OFAMERICA DEPARTMENT OF TRANSPORTATION WASHINGTON,D.C.

MONROEAIRCENTER, 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. AirCarrierCertificate issued to MonroeAir Center, LLC by the FAAeffective January 24, 1986 (reissued March 5, 2002), CertificateNo. HLWA116E 3. Operation SpecificationDOSS issued toMonroeAirCenter, LLC effective September 15, 2011 4. FAA Operation Specification A502 issued toMonroe AirCenter October 3, 2011, expiring October 18, 2011. 5. Letter from FAA Aviation SafetyInspectionMaryE. Donahueto Monroe Air Center, LLC, October 20, 2011 6. InvoiceNo. 11-10035 from IPS Aviation, LLC to OchsnerHospital, October 25,2011 referencingN800CF



### 1.. ' DATE: 

### DEPARTMENT OF TRANSPORTATlON FEDERAL AVIATION ADMINISTRATION



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. SOUTHERN REGION 

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.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\1onroe, Louisiana 71203 has met the requirements of the Federal Aviation Act of 1958, as amended, and the rules, regulations, and standards prescribed thereunderfor 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 ._-**/~ ?.,_.,~** 

## t--t.J""'-**Jv~**

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

### tO~ OFFICIAL USE ONLY Puoltcavailability to be determined under 5 U.S.C. 552" 

## v ., (Region/Office)' ff U.S. Department ofTransportation 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 ofthe 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 iS\\'(1_; 1

4. Date Approval is effective: 09/15/201 I AmendmentNumber: 12 5. I hereby accept and receive the Operations Specifications in this paragraph. Woodward, Donald E., Dir. ofMaintenance, Part 135

PrintDate: 9/15120II 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 ofTransportation Federal Aviation Administration *5 g;;+p Operations Specifications

A502
. AirCarrierMerger 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 transitionperiod: (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 inrequired personnel (Director ofOperations, ChiefPilot, orDirectorofMaintenance) unless approved by the Baton Rouge FSDO. Schedule ofEvents for AirCarrier certificationper 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, TrainingProgram, 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 maintenanceprogram.
c. This operations specification is valid as ofthe effective date and shall remain in effect as long as the certificate holder continues to meet therequirements ofthis operations specification. · d. This operations specification msut bere-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, Manualandprocedures shallbe voidafter certification is completed forJPSAviation, LLC. 

### RESPONDENT EXHIBIT



# .'h

Print Date: 10/7/2011 A502-1 Certificate No.: HLWA116E

## ~9flaT=NtrArtfJs\:b~L Y "Public availability to be 

# )U.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.
21111.111.(1-; IS: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: 10/03/20II Amendment Number: 5 5. I hereby accept and receive the Operations Specifications in this paragraph.

Jarrell, C. Palmer, Dir. ofOperations, 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 RECEIPTREQUESTED Mr. Paul Bullock, Agent for Service MonroeAir Center, LLC 5410 Operations Rd. Monroe, LA 71203 Dear Mr. Jarrell: 

### RESPONDENT -. -EXF!IBIT 

# H

The Operations Specificationsparagraphfor 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 youwill find your amended copy ofOperatiof). Specifications paragraph A004, removingparagraph A502.**~** 6 

### Due to theremoval ofthis 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 OperationsManual Monroe Air Center, LLC Training Program Monroe Air Center, LLC HAZMATProgram Monroe Air Center, LLC Minimum EquipmentLists Monroe Air Center, LLC Maintenance Program Also, per 14 CPR 119.9, the business nameon your Air CarrierCertificate, i.e. Monroe Ai Center, LLC, must be used for all operations conducted under 14 CPRPart 135. Please reviewthe enclosed Operations Specifications, signboth copies and return one set t this office within 14 days ofreceipt. Should you have any questions concerningthe above, please call this office. Sincerely,
Mary E. Donahue Aviation Safety Inspector FOR OFFICIAL USE ONLY

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INITIALSISJG**Vl'l~** DATE



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# /llr/II !ROUTING SYMBOL

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### II·' I11 11111

### 11I

### 11•1'•'''1 Mr. Paul Bullock, Agent for Service Monroe Air Center, LLC 541 0 Operations·Road Monroe, LA 71203

SENDER: COMPLETETHISSECTION
. · ,. . .
. . 

### . . . 

### . • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Printyour name and address on the reverse

sothatwe can return the card to you. • Attach this card to the back ofthe mailpiece,

oron the front if space permits. 1_. Article Addressed to: FOR. OFFIC!;o,L**U~~[~** ONLY "Public availability to be

'r**-~~¥1<1i-Jr"n.ler**5 U.S.C.. :;.;;.;;r.;'-"---t

4. Restricted Delivery? (Extra Fee) 2. Article Number

. . (r"!flsferfrom**f~!Yiqe l~f?eO**  

### 7010 1870 0001 8188 2871 ?s Form

### 3811; !=ebru'aryzob4 Dohiestic Return Receipt 0 Yes

102595-02-M-·

## 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 ATIN: Dr. ChristopherWhite 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 ListPrice\Discj 1 Chrt Charter 

## I IN800CF 

## 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 

## ISubtotal 

## 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 USEONLY "Public availability to be " rbf,-,r,...-,inorlrmril'>r I') !I 

## s <":. 552 0 

### " 

# r··**~** 

# .. 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 ofthe above and foregoing Affidavit ofJudyFuller

### was served upon counsel for the Administrator by FirstClass 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 submittedthisthe 

# /8 day ofJuly, 2012.



### 3