U.S. Department of Transportation Office ofthe Secretary ofTransportation



### September23, 2014

Mr. Luis A. Irizarry Aviation Consultant L.A. 

### Irizarry & 

### Associates, Inc. P.O. Box 37212 Airport Station San Juan, PR 00937-0217 Re: DocketDOT-OST-2014-0116 '1200 New Jersey Avenue SE Washington DC 20590



### Application ofAviation Partners ofBoynton Beach, LLC, dba Hummingbird Air, for authority to conduct operations as acommuter air carrier DearMr. Irizarry: We have completed our initial review of the application filed on June 25, 2014, by Aviation Partners ofBoynton Beach, LLC, dba Hummingbird Air ("Hummingbird Air"), for the determination of its fitness to conduct scheduled passenger operations as a commuter air carrierunder 49 U.S.C. 41738. This review has revealed the need for additional and/or clarifying information before we can complete processing ofHummingbird Air's application. The attached Information Request lists the areas where further and/or clarification information is necessary. I ask that you respond fully to this request within 30 days ofthe date ofthis letter. You may upload your response via the web at www.regulations.gov, or you may mail your response to U.S. Department ofTransportation Dockets, West Building, Ground Floor, (M-30, Room W12-140), 1200 New Jersey Avenue SE, Washington, D.C. 20590. In eithercase, yourresponse shouldbe filed in DocketDOT-OST-2014-0116. As is the Department's practice, further processing of Hummingbird Air's application will be deferred pending receipt of this material. In addition, please remember that Hummingbird Air should promptly provide the Department with any information regarding changes it may undergo in areas affecting its fitness (i.e., 

### management, operating plans or financial condition, compliance disposition, or ownership) while its application is underreviewby the Department.2

Thank you for your cooperation in this matter. Ifyou have any questions regarding this letter or the requested information, please feel free to contact me at (202) 366-2999 or vanessa.balgobin@dot.gov.**-....v..:ttte~·r<.** algobin Sr. Transportation Indust An Air CarrierFitness Division Office ofAviation Analysis

cc: DocketDOT-OST-2014-0116 Mr. Jorge Echegoyen Principal Operations Inspector Federal Aviation AdministrationINFORMATION REQUEST AVIATION PARTNERS OF BOYNTON BEACH, LLC, DBA HUMMINGBIRD AIR KEY PERSONNEL 1. For the resume ofMr. Samuel Raphael, please provide the month and year for dates ofemployment. 2. For the resume ofMr. Jose Manuel Coto, please provide employment history for the period beyond February 2012. Also, please provides his Air Transport Pilot certificate number and state his citizenship. 3. For the resume ofMr. Ira Williams, please account for all gaps in employment where applicable. Ifthe individual was unemployed, please indicate the person was unemployed. Also, please state his citizenship. OPERATIONS AND FINANCES To meet the Department's financial fitness criteria, an applicant should have access to financial resources sufficientto cover its pre-operating expenses and the expensesthat are reasonably projected to be incurred during three months of"normal" operations. 1 Please provide the informationrequestedbelowto demonstrate the applicant's financial fitness. 4. Provide a 12-monthpro forma income statement for Hummingbird Air'sproposed operations. 5. Provide a forecast balance sheet for the first year ofoperations ending after the initiallyproposedoperations commencement date. 6. Provide an updated income statement and balance sheet for Hummingbird Air currentwithinthe past 3months. 7. The financial statements submitted in support ofHummingbird Air's applications identify long-term debt to White River Camp and Dan Crimm. Please provide additional information about these obligations. Also, please explain why the debt amount and terms change frequently year over year and why there is no current portion of debt due reflected in the balance sheet when the description of the terms identifies annual payments. 8. Withrespectto Hummingbird's Aircraft, based onthe informationprovided inthe application, 

### it appears that the aircraft are owned by a relevant corporation, Ay

Becauseprojected expenses during the first several months ofairtransportation services frequently do not include all costs thatwill be incurred during a "normal"periodofoperations, it is ourpractice to base ourthree-monthtest on an average ofone-quarter ofthe first year's operatingcostforecast. In calculating available resources, projected revenues may notbe used.2 

### Ay Holdings, Inc. ("Ay Ay"), but will be leased by Hummingbird Air from Ay Ay. Please describe the terms ofthe lease and ensure that the lease payments are reflected in the applicant's expense projections. 9. The third-party financial verification letters do not provide account balances. Pleaseprovide revised letters that show balances. COMPLIANCE 

### 10. Provide a description of all charges of unfair or deceptive or anticompetitive business practices, or offraud, felony or antitrust violation, brought against any relevant corporation or person having a substantial interest in any relevant corporation, or member ofthe key personnel employed (or to be employed) by any relevant corporation in the past 10 years. Such descriptions shall include the disposition or current status ofeach suchproceeding.