Exec Air Inc. of Naples

160 13th Street NW

Naples, Florida 34120

239-290-5668 Phone

239-348-8871 Fax

www.naplesair.net

To: Laura Remo

Chief, Air Carrier Fitness Division 

Office of Aviation Analysis

Re: application of Exec Air, Inc. of Naples ("Exec Air") filed in Docket DOT-OST-2014-0149 on 

August 21, 2014. Letter of Questions dated 10/29/2014.

I have responded below to each of your questions, I feel though that your office is deliberately 

being harsh to my company in an effort to prevent us from entering this market. As many of the 

questions posed by your staff are already answered in the packet sent and seems to be making 

assumptions of public trading of stock that simply do not apply. 

I question as to why your division is negative toward small aircraft operations conducting 

scheduled service, I seem to be spending a great deal of time answering the same questions just 

asked but a different way or explaining operation details that do not apply to a small operation. 

Or being asked to provide explanation to rules that are not published anywhere that I can find. 

I do not clime to be perfect and all-knowing thus I do make errors however I am trying to learn by

asking questions. Listening to the answers and I still don’t understand ask again until I do 

understand.

There is more of your staff than there is of mine. This is all your staff does, I have at least 100 

other tasks I must be good at as in order to make things happen in addition to learning this stuff.

You and your staff have not been very good with communications (returning Phone calls etc..). 

I asked before for an explanation of how the fitness evaluation is conducted but received no 

response to that question. 

What guidelines are used and what methods of evaluation are in place. Is this some kind of 

industry secret that you are not allowed to explain this? If so why? 

I am attaching a corrected balance sheet the date was not updated but information is the same. 

Income statements for the past three years do you mean P&L statements? Or what? I have 

enclosed those as well. 

I have an issue with providing detail company financial information that will be made public 

knowledge. As it is none of my competition’s business and they would use that information to 

their advantage. As we are not a publicly traded company a large aggressive company could just 

come in and take over with the information you are requesting to be submitted. This places the 

large company at an unfair advantage to me after I have spent the time, effort and cash to put the 

flights together.

I have tried to call your office no less than 5 times today left two massages on your phone and two 

on Mrs. O’Tool’s phone with no call back from either of you and it is now close of business 
5:00PM EDT on Thursday October 30, 2014. I feel that a lot of the information could have been 

cleared up if a phone call had been made to me. Now we must place it in written format and made 

public. I am against this and it is complied with under protest.

I feel as if you are using the dismissal of the application as a hammer to get me to call off the 

application and go away using a tone in your letter as if this application has been in the works 

some time. To the contrary as it was a new application as of July 29, 2014. I assure you, I have no 

intention of going away. If you want me to let your office alone then educate me so I can conduct 

the paperwork correctly and you can approve the application and I will move on to the business of 

Operating an air carrier. 

Your letter reprinted below and answers to items 1 through 8 included. Additional revised sheets 

as indicated are attached to this summation. 

John Swasey

Exec Air Inc. of Naples
U.S. Department of 

Transportation

Office of the Secretary 

of Transportation

1200 New Jersey Avenue SE 

Washington DC 20590

October 29, 2014

Mr. John Swasey

President

Exec Air, Inc. of Naples 

160 13th Street NW

Naples, FL 34120

Dear Mr. Swasey:

This letter is in reference to the application of Exec Air, Inc. of Naples ("Exec Air") filed in 

Docket DOT-OST-2014-0149 on August 21, 2014. We have completed our review of the 

information Exec Air has filed in support of its request for commuter authority and find 

several areas where the information is deficient and has revealed the need for additional 

and/or clarifying information before we can complete processing Exec 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 of the date of this letter. We note 

that it is not our policy to keep incomplete applications open indefinitely. If we do not 

receive the information in the time period specified, we intend to dismiss Exec Air's 

application without prejudice.

You may upload your response via the web at www.regulations.gov, or you may mail your 

response to U.S. Department of Transportation Dockets, West Building, Ground Floor, (M30, Room W12-140), 1200 New Jersey Avenue SE, Washington, D.C. 20590. In either 

case, your response should be filed in Docket DOT-OST-2014-0149.

As is the Department's practice, further processing of Exec Air's application will be 

deferred pending receipt of this material.

In addition, please remember that Exec 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 under review by the Department.
2

If you have any questions regarding this letter, please feel free to contact Katy O'Toole of 

my staff at (202)-366-9721 or Catherine.O'Toole@dot.gov.

Laur . Remo

Chief, Air Carrier Fitness Division 

Office of Aviation Analysis

cc: Docket DOT-OST-2014-0149

Ms. Helene Porche 

POI for Exec Air, Inc.

Sincerely
Information Request 

Exec Air, Inc. of Naples

Please provide the following:

1. The balance sheet Exec Air provided in its application is dated December 2007. 

A copy of Exec Air's balance sheet, current to within 3 months of the date of this 

letter is required. Additionally, please provide a forecast balance sheet for the first 

normal year ending after the initially proposed operations have been incorporated.

Balance sheet was revised and possibly did not up date when it was submitted it was as of June 

2014 I am sending the updated sheet, as for the projected information is contained in attachment 6 

pages 6 and 7 that has already been provided to you.

2. A current (within 3 months) income statement for Exec Air.

As I have spoken with you about this before, I do not track the income by month to month as you 

have asked for hear. Is this a requirement of the DOT? We are a small company I do the 

Accounting at the end of the Year for a Profit and loss report. 

3. Income Statements for Exec Air for the past three calendar or fiscal years. Please 

do not provide U.S. Income Tax statements. 

How does the past three years prove that this company’s fitness? In addition not sure what format 

you are asking for. Do you just want the Gross revenue reported in a spread sheet, letter, how? 

What format is considered acceptable? Are you asking for Profit/loss reports? Please be clear. 

Also in your evaluation please keep in mind I have used the past three years to set up for this 

scheduled service making, spending funds in the set up so there will not be a big expense on 

startup of full scheduled operations. It is already done. 

4. A resume for stockholder Tom Parent. Please identify his citizenship and 

supply compliance history information as required by sections 204.3(1), (m), (o), and 

(p) of our rules.

My investor is A MD.( Medical Doctor-sergin) By profession, he does not have any aviation 

experience and is only a 8% stock holder. Thus is classified as a minor investor with no 

operational control. He is a US Citizen. With regard to the 204.3(l),(m),(o), and (p) parts of the 

rules.

(l) A list of all actions and outstanding judgments for more than $5,000 against any 

relevant corporation, key personnel employed (or to be employed) by any relevant 

corporation, or person having a substantial interest in any relevant corporation, including 

the amount of each judgment, the party to whom it is payable, and how long it has been 

outstanding. Does not apply to Tom Parent minor investor.

(m) The number of actions and outstanding judgments of less than $5,000 against each 

relevant corporation, key personnel employed (or to be employed) by any relevant 

corporation, or person having a substantial interest in any relevant corporation, and the 

total amount owed by each on such judgments. Does not apply to Tom Parent minor 
investor.

(o) A description of the current status of all pending investigations, enforcement actions, 

and formal complaints filed by the Department, including the FAA, involving the applicant 

or any relevant corporation, any personnel employed (or to be employed) by any relevant 

corporation or person having a substantial interest in any relevant corporation, regarding 

compliance with the Statute or orders, rules, regulations, or requirements issued pursuant 

to the Statute, and any corrective actions taken. (If an applicant has a compliance history 

that warrants it, additional information may be required.) Does not apply to Tom Parent 

minor investor.

(p) A description of all charges of unfair or deceptive or anticompetitive business practices, 

or of fraud, felony or antitrust violation, brought against any relevant corporation or person 

having a substantial interest in any relevant corporation, or member of the 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 of each such proceeding. Does 

not apply to Tom Parent minor investor.

Please address the following questions:

5. Mr. Jeremy Vandersluis' resume indicates he is a contract pilot, a flight instructor, 

and also a Captain for 3 separate airlines. If Exec Air is granted commuter 

authority, does Mr. Vandersluis intend to remain in these additional positions? 

The question I ask is. Do the Rules require him to be exclusive to ExecAir or is this a new DOT 

rule requiring it and why? My FAA inspectors have not indicated that there is an issue with this,

does the DOT have specific regulations that prohibit this and if so where is it published? And if 

there is enough business to keep him full time I may require him to be exclusive but that is my

division to make.

6. Exec Air's business plan calls for the operation of one aircraft. Operations 

for scheduled service must continue on schedule even when the aircraft has 

mechanical problems. What is Exec Air's contingency plan to maintain 

operations when the aircraft is not operational?

This brings up an interesting question, and I have to ask is the DOT requiring an extra aircraft at 

each station for each route operated and if so where is that rule /regulation published and if it is 

published then why is it not enforced equally across all the carriers. You imply that a flight must 

go on if an aircraft has a mechanical issue, somehow, Are you saying we cannot delay the flight 

and have the issue fixed and then fly the flight at a later time? I see the delayed and even canceled 

flights for mechanical issues all the time by every carrier in the industry. 

Also as a matter of record ExecAir conducted contract privet routs for over ten years five days a 

week multiple stops a day for several bank customers and in that time only had flight cannulations 

three times due to mechanical issues. We even were able to schedule engine and propeller changes 

without missing a flight with three exceptions in the same time period.

I am confident in our mechanical reliability, we maintain our aircraft with preventive maintains. 

Also we do have plans to lease additional aircraft to accommodate additional flow as the routs 

grow. But not until they are needed then we will give notice of this change.
7. A grant of commuter authority also requires the air carrier to file BTS Form 298-C, 

A Report of Financial and Operating Statistics for Small Aircraft Operators, and 

Schedule T-100, U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment 

and On-Flight Market. Please describe how Exec Air intends to track this 

information.

As I have begun reading this decimation I believe there are instructions provided as to what is 

required to be reported, as well as where and when to file the information. We will figure it out. 

8. Exhibit 6, page 5 of 7 (Balance Sheet) states an amount of 250,000 "common 

stock issued major investors" under Stockholder Equity but then also states other 

information regarding 7,500 shares and $150,000 deposit from a stock sale. 

Please clarify the amount of stock issued and outstanding, and if applicable, 

provide a detailed description, of each class or series of stock issued. Such 

description should include: the number of shares outstanding by class or series, 

convertibility into other classes or series of stock, representation on the board of 

directors, voting rights, entitlement to dividend, consequences of failure to pay 

such dividends, and liquidation preferences.

This cannot be any clearer there are 7500 shares issued total, I sold 8% of the shares to Tom Parent 

for $ 150,000.00 there is only one class of stock. I am submitting a revised page Exhibit 6 page 5 

of 7. To show a clearer picture of this. the 250,000 was a typo from a previous worksheet.

Should be as follows:

STOCKHOLDERS' EQUITY

Preferred Stock Issued $0

Common Stock Issued major Investors $317,492 

Common Stock Issued minor Investors $27,608 

Per share Asset based Equity Value $46 

As far as voting rights Mr. Parent has elected to be a non-voting stock holder and has such few 

shares as to be of no real effect should he elect to exercise his voting privileges. He holds no 

Board positions and does not want to have any operational control of the company. I have fully 

disclosed the Risks of owning shares in an air carrier operation and that he may not see a return on 

investment and may lose his investment if things do not go as planned. This is a requirement of the 

US SEC, Mr. Parent meats Regulation D as a suffocated Informed Investor. As far as dividends 

and whom gets what, and when. I do believe that is between my investor and me, unless the DOT 

is also getting into the SEC business as well.