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OST-2015-0014 - Lima NY - Commuter Authority - East Hampton-New York Skyports

http://www.lima-ny-charters.com/
http://www.flythewhale.com/

 

OST-2019-0024 - Tailwind Air - Commuter Air Carrier Authority - New York Skyports Base-East Hampton

 


Lima NY Corp.

OST-2015-0014 - Commuter Air Carrier Authority - East Hampton-New York Skyports

January 29, 2015

Application for Commuter Air Carrier Authority

Applicant requests authority to engage in scheduled passengers operations as a commuter and proposes to operate Daily Scheduled Service between the East Hampton Airport in East Hampton, New York to New York Skyports in New York City, New York. LIMA NY Corp. operates two CE-208 Cessna Caravan Amphibians which have the capability to operate to and from both locations.

LIMA NY Corp proposes to offer daily flight services between East Hampton and Manhattan (6N7). After careful research, we have determined this unserved route currently has high demand and no scheduled service. It is our intent to start a daily round trip service in our Caravan aircraft specifically aimed at commuters. As our demand grows, we intend to offer several round trip options. Until such time, LIMA NY Corp will perform on-demand charter operations from White Plains between the hours of 10:00 am and 4:00 pm each day.

By: Lima NY, Melissa Tomkiel


 

April 16, 2015

DOT Request for Additional Information

  1. General Information
  2. Management and Key Technical Personnel
  3. Financial Position

By: Barbara Snoden


 

April 24, 2015

Additional Information Response

Financial Filings

  • General Information
  • Management and Key Personnel
  • Financial Position

By: LIMA NY, Michael Siegel


 

June 10, 2015

DOT Request for Additional Information

Please submit the following information in support of LIMA NY' s application for commuter authority:

  1. A copy of the air carrier's balance sheet as of March 31, 2015, together with an income statement for the period ending on the same date for the balance sheet being provided.
  2. A copy of the air carrier's income statement for 12 months of 2012. The statement originally submitted is only for eight months (Jan-Aug) of 2012.
  3. A copy of the air carrier's balance sheet for 2014. A balance sheet for December 31, 2014 was submitted with the original application and another (same date) was later submitted with different numbers. Please submit a corrected copy or indicate which of the two you would like us to consider in our review.

By: Barbara Snoden


 

February 3, 2015

Response to DOT Request for Additional Information - Line of Credit Agreement

By: Lima NY


 

July 10, 2015

Re: Request for Additional Information

This review has revealed the need for additional and/or clarifying information before we can complete our fitness review. In this regard, we ask that you please provide the following information:

1. An amended copy of the UBS Financial Services, Inc. statement that identifies the
account holder.
2. An amended copy of the Line of Credit Agreement
3. A copy of the promissory note (referred to as Exhibit A) identifying the interest rate
associated with the Line of Credit Agreement between LIMA and Ms. Joanne Tomkiel
posted on July 6, 2015.

By: DOT, Lauralyn Remo




July 21, 2015

Additional Information Response

  1. An amended copy of the UBS Financial Services statement identifying the account holder
  2. The Line of Credit Agreement
  3. The Promissory Note referred to as Exhibit A in the Line of Credit Agreement

By: Michael Siegel

 

July 24, 2015

DOT Request for Additional Information

  • Title Clarification
  • Income Statement Explanation and Update

By: Barbara Snoden





July 29, 2015

Additional Information Response

  1. Michael Siegel’s resume has been updated and attached to show all roles Mr. Siegel has been assigned within LIMA NY Corp and Underhill Holdings, LLC.
  2. The original 2014 Profit and Loss was formulated in early January 2015 in preparation for our application. As it was compiled early on in the month, some expenses from the previous month had not yet been posted. Since that time all items for 2014 have posted which is now reflected in the updated 2014 Profit and Loss Statement previously submitted in response to a previous request for further information.
  3. Please find a Profit and Loss Statement for YTD 2015 through June 22nd.

By: Michael Siegel


 

September 25, 2015

DOT Request for Additional Information

  1. Air Taxi Registration
  2. Citizenship Affidavits
  3. Principal Line of Business Descriptions
  4. Updated Resumes of Executive Officers
  5. Third-Party Verification of Funds
  6. June 22, 2015 Balance Sheet

By: Lauralyn Remo


 

March 11, 2016

Additional Information Respnose

We wish to apologize for the length of time it has taken to submit this response, which was due in part to personnel changes in the carrier and in part to the need for me to get up to speed on the application once the carrier retained me to finish the application process. We greatly appreciate your patience and continued cooperation in this matter and assure you that we intend to move quickly to provide you whatever information is necessary to bring our application to a successful conclusion. Toward that end, each of your requests for information is repeated below, followed by our response. The information provided also includes updated financials , as requested by Ms. Snoden during a February 22, 2016, telephone conversation with me, as well as updated information on LIMA personnel.

  • Air Taxi Registration
  • Citizenship Affidavit
  • Principal Line of Business with Underhill Holdings
  • Principal Line of Business with Tailwind Air Service
  • Personnel
  • Third-Party Verification of Funds
  • Balance Sheet

Counsel: Dayton Lehman, 703-973-0056


 

March 21, 2016

Re: Information Response

After receiving your email, we also re-checked our files and the docket and it appears that when the carrier submitted its April 24, 2015, response to the Department's April 16, 2015, request for additional information, the first page of its income statement was inadvertently omitted. We have corrected that omission by submitting the complete 2013 income statement to the docket along with this cover letter.

By: Dayton Lehman



March 31, 2016

Additional Information Response

  1. An updated copy of the UBS portfolio statement of Ms. Joanne Tornkiel identifying her as the account holder and the value of her UBS account;
  2. An updated Line of Credit Agreement showing an increase in the line of credit to $600,000; and
  3. The Promissory Note accompanying the Line of Credit, referred to as Exhibit A in the Line of Credit Agreement and updated to reflect the increase in the amount of the line of credit.

By: Dayton Lehman


 

April 6, 2016

Additional Information Response

In our March 11, 2016, letter we provided you with a copy of LIMA' s most recent air taxi registration, OST Form 4507, and promised to provide a copy of the registration once approved. Enclosed is a copy of LIMA's OST Form 4507, approved March 18, 2016.

By: Dayton Lehman


 

Order 2016-7-1
OST-2015-0014
- Commuter Air Carrier Authority - East Hampton-New York Skyports

Issued and Served July 1, 2016

Order to Show Cause Proposing Issuance of Commuter Air Carrier Authority

By this order, we tentatively find that LIMA NY Corp. d/b/a Fly The Whale d/b/a Tailwind, is a citizen of the United States and is fit, willing, and able to conduct scheduled passenger operations as a commuter air carrier, subject to conditions.

We direct all interested persons to show cause why we should not issue an order finding that LIMA NY Corp. d/b/a Fly The Whale d/b/a Tailwind is fit, willing, and able under 49 USC § 41738 to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations. In the event that no objections are filed, we will consider all further procedural steps to be waived and we will enter an order making final our tentative findings and conclusions.

By: Jenny Rosenberg




Order 2016-7-15
OST-2015-0014
- Commuter Air Carrier Authority - East Hampton-New York Skyports

Issued and Served July 20, 2016

Final Order

By Order 2016-7-1, issued July 1, 2016, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions that LIMA NY Corp. is fit, willing, and able to provide scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of the Federal Aviation Regulations. Interested persons were given 14 days to file objections to the order.

No objections to the show cause order were received.

By: Jenny Rosenberg


 

July 12, 2017

Motion for Leave to File and Request for Extension of Time

By Order 2016-7-15, issued July 20, 2016, the Department issued its Final Order finding LIMA fit to engage in air transportation as a commuter air carrier. The authority was subject to, among other things, the carrier commencing actual flying operations under its commuter authority within one year of the date of the Department's determination, or by July 20, 2017. Since that time, the carrier has diligently pursued with the Federal Aviation Administration commuter operations specifications that would permit it to fulfill the Department's condition. In this regard, since issuance of the Final Order, LIMA has met and communicated with its Flight Standards District Office regularly and undergone a thorough review of its operations by the FAA, during which time it has submitted new manuals, distributed revision No. 1 (Commuter Authority) to its Principal Operations Inspector and submitted the four revisions required by FAA based on the several hundred pages of the Data Collection Tool used by the FAA. Despite LIMA's diligence and best efforts in completing its commuter operations specifications, LIMA will not receive final FAA approval in time to begin commuter operations by July 20. LIMA anticipates receiving final FAA approval within the next 60 days but is requesting an additional 90 days ' time to begin those operations to account for any unforeseen contingencies.

Counsel: Capitol Business Solutions, Dayton Lehman, 703-973-0056


 

August 4, 2017

DOT Granting Extension Request

In consultation with the FAA, the agency has assured us that LIMA continues to make satisfactory progress towards certification. Also, the FAA confirmed that LIMA has successfully completed the aircraft conformity process and that the air carrier is expected to commence proving runs within the next couple of weeks. Under these circumstances, we find it appropriate to grant LIMA's request for an extension. Thus, we grant LIMA a waiver from §204.7(a). This waiver will expire on October 18, 2017.

By: Lauralyn Remo


 

October 17, 2017

Submission of Additional Information and Motion for Leave to File and Request for an Extension of the Time in Which to Begin Commuter Operations

By Order 2016-7-15, issued July 20, 2016, the Department issued its Final Order finding LIMA fit to engage in air transportation as a commuter air carrier. The authority was subject to, among other things, the carrier commencing actual flying operations under its commuter authority within one year of the date of the Department's determination, or by July 20, 2017. On August 4, 2017, in recognition of the satisfactory progress LIMA had made toward its commuter certification with the Federal Aviation Administration, the Department granted LIMA's request for an additional 90 days' time, until October 18, 2017, to begin operations as a commuter air carrier. Since that time, the carrier diligently pursued with the FAA its commuter operations specifications and on September 28, 2017, completed that process, receiving its approved manuals and List of Effective Pages, and has been awaiting receipt of its commuter operations specifications. Based on a conversation between LIMA's Director of Operations and the carrier's FAA FSDO yesterday, October 16, 2017, it is LIMA's understanding that it needs only to provide the FAA with certain Data Collection Tool information, once the FAA identifies those items. In addition, due to a paperwork misunderstanding, LIMA's OST Form 6410 showing evidence of liability insurance coverage meeting commuter air carrier requirements has not been submitted to DOT's Air Carrier Fitness Division. LIMA expects to be able to submit its commuter operations specifications and revised OST Form 6410 to DOT shortly.

At this time LIMA is submitting to DOT information regarding changes in its key personnel that have occurred since issuance of DOT's final order finding LIMA fit, as well as updated financial information. With regard to the key personnel, each of these individuals has been in place during the finalization of the carrier's commuter operations specifications process with FAA and we apologize for not having provided the Department with this information earlier. Those persons, whose resumes are enclosed as Attachment 1, are as follows: Mr. Kurt D. Holden, LIMA's Director of Operations, who managed the carrier through its commuter operations specifications process with the FAA; Mr. Andy Buffington, LIMA's Director of Maintenance; and Mr. David C. Newton who is now LIMA's Chief Pilot.

By: Dayton Lehman, 703-973-0056


 

October 17, 2017

DOT Granting Extension Request

We grant LIMA's 30-day extension request. We expect the applicant to submit the necessary information no later than 11/17/2017.

By: Lauralyn Remo, 202-366-9721





November 15, 2017

Submission of Information for Effective Authority

On November 13, 2017, the FAA issued LIMA its Commuter Operations Specifications and provided the carrier documentation of its issuance on November 15, 2017. A copy of LIMA's Commuter Operations Specifications and the carrier's current Air Carrier Certificate are attached to this submission as EXHIBIT 1. Attached as EXHIBIT 2 to this submission is the carrier's certificate of insurance on OST Form 6410 evidencing coverage meeting the requirements of 14 CFR 205.S(b) for commuter operations. Also included with this submission as EXHIBIT 3 is the certification of Melissa Tomkiel, President of LIMA NY Corp., to the truthfulness and correctness of the carrier's application and accompanying documents and exhibits.

Counsel: Capitol Business Solutions, Dayton Lehman, 703-973-0056


 

November 16, 2017

DOT Request for Additional Information

Please provide an updated verification of insurance (OST Form 6410) for LIMA. Section B, intended for commuter air carriers, needs to be filled out instead of Section A, which is the section for air taxi operators.

Also, LIMA's ops specs only shows "Fly The Whale" as an authorized d/b/a. Does the air carrier still wish to use "Tailwind" as another business name?

By: Barbara Snoden, 202-366-4834


 

November 20, 2017

Additional Information Response

Following up on LIMA NY Corp's November 15, 2017, submission and your November 16, 2017 email, attached please find a corrected OST Form 6410 indicating that LIMA NY Corp has required liability insurance coverage for commuter operations.

Also, I am confirming that LIMA will only be using the dba of "Fly the Whale" and does not wish to use the dba of "Tailwind."

By: Dayton Lehman, 703-973-0056


 

Order 2017-12-11
OST-2015-0014
- Commuter Air Carrier Authority - East Hampton-New York Skyports

Issued and Served December 15, 2017

Order Issuing Effective Commuter Authorization

We reissue to LIMA NY Corp. d/b/a Fly The Whale, the Commuter Air Carrier Authorization issued to it by Order 2016-7-15 in the attached form to reflect its effective date.

We deregister the trade name “Tailwinds” by LIMA NY Corp. d/b/a Fly The Whale.

By: Todd Homan


 

August 9, 2019

Notice of Revocation of Commuter Authority

Based on the information you provided, LIMA never commenced actual commuter operations after receiving effective authority from the Department on November 29, 2017. On August 7, 2019, the FAA confirmed that LIMA never commenced operating the scheduled flights proposed in its application for commuter authority.

In light of the air carrier's admission to never having commenced commuter operations, together with confirmation from FAA of this fact, we are writing to inform you that we will issue an order revoking the commuter air carrier authorization issued to LIMA within 14 days from the date of this letter.

Should LIMA wish to conduct air taxi operations, it must maintain in effect liability insurance coverage as required for such operations by Part 205, register as an air taxi operator, and continue to hold authority from the Federal Aviation Administration to conduct air taxi operations.

By: Lauralyn Remo


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