Thompson-Quantum Airways-2 2015

Page 1

0U.S. Department of Transportation Federal Aviation Administration OCT 23 W15 Mr. Tony Thompson President, Quantum Airways 344 Hauser Boulevard Unit 5-305 Los Angeles, CA 90036 Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591

Re: Request for Legal Interpretation of J4 C.F.R. Part 119, Cert[fication: Air Can·;ers and Commercial Opemtors

Dear Mr. Thompson:

On August 11, 2015, the Federal Aviation Administration (FAA) issued an interpretation to you that responded to your March 29, 2015 letter. In your letter, you asked wbether 14 C.F.R. §119.5(k), Certifications, authorizaNons, and prohibitions, would prohibit Quantum Airways, which plans in the future to become a part 135 certificated air carrier offering scheduled service, to advertise for purposes of raising pre-certification capital from equity investors and crowd funders. · ! In subsequent communications with this office, you have advised that in retrospect, yow- request should have been limited lo crowdfunding as a source of pre-certification capital and not included equity investing. You advise that the August 11, 2015 interpretation's use of the term "investment" could be misunderstood to refer solely to equity investing and not also lo crowdfunding donations. This letter is to confirm that§ 119.S(k) would not proh ibit the pre-certification adve1tising of Quantum Airways as a potential crowdfunding opportunity consistent with the analysis in our August 11 , 2015 interpretation.

Sincerely,

Lorelei Peter Acting Assistant Chief Counsel for Regulations, AGC-200

Enclosure: Interpretation from Lorelei Peter, Deputy Assistant Chief Counsel for Regulations, FAA, lo Tony Thompson, President, Quantum Airways (August l I, 2015).