b.
Certificate Holder Responsibilities:

(1)
The certificate holder retains all responsibility for the operational control of aircraft operations, and thus the safety of each flight conducted under this certificate and operations specification, including the actions or inactions of all direct employees and agents of the 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 of the following practices and shall not:

(1)
Franchise or share the certificate holder’s authority for the conduct of operations 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 if any of the 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,