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M&N Aviation, Inc.

Applicant is currently engaged in on-demand, charter operations under FAR 135. Applicant requests authority to engage in scheduled passenger operations as a commuter, and proposes to operate: Scheduled operations into Veques, Puerto Rico, utilizing five (5) Cessna 208 aircraft. Future operations contemplate other markets in the Caribbean.

Counsel:  M&N Aviation, Jose Maldonado, 787.722.5980

Counsel:  M&N Aviation, Jose Maldonado, 787.722.5980

M&N Aviation, Inc.

Further to our recent telephone conversation regarding M&N's application for commuter authority, there are a number of additional items, clarifications and updates that would help us complete work on your application.

By:  Howard Serig

M & N Aviation, Inc.

Counsel:  M&N Aviation, Jose Maldonado, 787.722.5980

M & N Aviation, Inc.

A. Motion to include additional information

B. Letter from U.S. Department of Transportation

C. Motion to withdraw request for confidential treatment of documents from public disclosure

D. Letter of clarifications and updates, as requested E. Financial statements as of June 30, 2002

F. Financial statements as of April 30, 2002 and 2001, audited

By:  Jose Maldonado

M & N Aviation, Inc.

If granted the commuter authority it seeks, M&N proposes to operate three scheduled daily flights between Isla Grande and Vieques, utilizing aircraft from a pool of five (5) Cessna aircraft, each having no more than 9 passenger seats. The carrier expects to offer scheduled service to additional markets throughout the Caribbean region in the future.

By: Read Van de Water

M&N Aviation, Inc.

By:  Read C. Van de Water

M&N Aviation, Inc.

M & N Aviation, Inc, is submitting the documents required to finalize the authorization to conduct schedule passenger operations, which will become effective six (business)days after the Department has received the documents. 

• A)   A copy of the Air Carrier Certificate and Operations Specifications authorizing such operations from the Federal Aviation Administration (FAA) 

• B)   A certificate of insurance on OST Form 6410 evidencing liability insurance coverage meeting the requirements of 14 CFR 205.5(6) for all of its aircraft. 

• C)  A statement of any changes the holder has undergone in its ownership, key personnel, operating plans, financial posture, of compliance history, since the date of the Show Cause Order in this case.
• D) A revised list of pre-operating expenses already paid and those remaining to be paid, as well as independent verification that the holder has available to it funds sufficient to cover any remaining pre-operating expenses and to provide a working capital reserve equal to the operating costs that would be incurred in three month of operations.

M & N Aviation, Inc. still does not have any significant start up costs and still believes will not incur start up costs involving FAA certification. The expected costs for the first three months remains to be $38,202. Included is an updated bank account balance statement which shows a working capital reserve to cover the expected costs.

By:  Alicia Pineda, 787-722-5980

M&N Aviation, Inc.

Additional Information of M & N Aviation Inc. submitting its Operations Specifications.

By: Alicia Pineda

M&N Aviation, Inc.

Additional Information of M&N Aviation, Inc. submitting documents to finalize the authorization to conduct schedule passenger operations: (1) Operations Specifications from the Federal Aviation Administration; and (2) Certificate of Insurance, evidencing liability coverage.

By: Alicia Pineda

M & N Aviation, Inc.

By this order, we reissue the commuter air carrier authorization issued to M&N Aviation, Inc., to reflect its effective date.

By: Randall Bennett

April 27, 2007

DOT Request for Additional Information

It is our understanding that M&N Aviation, Inc. ceased its commuter operations on September 21, 2006, pursuant to an Emergency Order of Revocation issued by the Federal Aviation Administration on that same day. Section 204.7 of our rules provides that, if an air carrier ceases conducting the operations for which it was found fit, willing, and able, its authority to conduct those operations is automatically suspended as of the date those operations ceased.

If our understanding of M&N's operational status is not correct, please clarify the company'so perationals tatus. However, if our information is correct, it appearst hat the air canier has ceased operations for the purpose of section 204.7. Accordingly, M&N may not recommence commuter operations nor advertise such services until its fitness to do so has been re-established by this office. Any such redetermination of fitness must be accomplished within one year (that is, by September 21, 2007); otherwise the air carrier's commuter authority will be revoked for dormancy.

The suspension of M&N's commuter authority has no impact on the air carrier's ability to conduct air taxi operations under its Part 298 authorization, as long as the air carrier maintains on file with the Department evidence thatit has inplace the liability insurance coverage required by part 205 of our regulations. If M&N should remove or replace any aircraft which were listed on its last filing of its Part 298 registration (OST Form 4507) it will need to amend its Part 298 registration to reflect the aircraft it is using and provide us with the required Certificate of Insurance for such aircraft.

By: Air Carrier Fitness Division, William Bertram

October 29, 2007

DOT Additional Information Request

We note that the July 31, 2007, balance sheet that M&N provided shows the air carrier having current assets of $1.2 million and current liabilities of $1.8 million, leaving the company with negative working capital of $562,712. In cases where an applicant requests additional authority from the Department and reports a negative working capital balance, it has been the Department's practice to include the negative working capital balance in our overall calculation of financial fitness. Therefore, before any scheduled passenger operations is authorized, M&N must demonstrate its ability to meet the Department's financial fitness requirements, that is, by providing updated financial statements that show a positive working capital balance and/or evidence that the air carrier has access to resources sufficient to cover its negative working capital, all pre-operating expenses, and a working capital reserve equal to the operating costs that would be incurred in three months of normal" operations.

By: Office of Aviation Analysis, Lauralyn Remo

February 21, 2008

Re: DOT Letter Regarding Revocation of Commuter Authority

On August 7, 2007, M&N filed an application in Docket OST-2002-12358 to resume operations. In support of its application, the air carrier provided some of the information necessary for us to redetermine its fitness.

By letter dated October 29, 2007, the Department requested that M&N provide further and/or clarifying information to enable us to complete our review. We asked that the air carrier respond to our request within 30 days from the date of that letter, that is, by November 27, 2007.

To date, we have yet to receive a response from the air carrier. Thus, we intend to proceed with the revocation of M&N's commuter authority for reason of dormancy.

By: Aviation Analysis, Lauralyn Remo

Order 2008-3-3
OST-2002-12358 - Puerto Rico Commuter Air Carrier Authority

Issued and Served March 5, 2008

Order Revoking Commuter Authority

M&N operated under its commuter authorization until September 21, 2006, when it ceased all flight operations pursuant to an Emergency Order of Revocation issued by the Federal Aviation Administration.

On August 7, 2007, M&N filed an application in Docket OST-2002-12358 to resume operations. In Support of its application, the air carrier provided some of the information necessary for us to redetermine its fitness.

By letter dated October 29, 2007, the Department requested that M&N provide further and/or clarifying information to enable us to complete our review. We asked that the air carrier respond to our request by November 27, 2007.

By letter dated February 21, 2008, we informed M&N that since we had yet to receive a response to our October 29 information request, we would proceed with the revocation of the air carrier's authority. On February 22, 2008, M&N notified the Department that it would not be responding to our information request.

Under these circumstances, and in accordance with section 204.7 of our rules, we find it appropriate to revoke the Commuter Air Carrier Authorization issued to M&N by Order 2003-2-18. This action is without prejudice to the company filing for new commuter authority in the future.

By: Todd Homan

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