U,S. Department of Transportation Federal Aviation Administration



## OEC 1S2014

F. BrittHarrington, President Hairoun Aviation Services, Inc. DBA Execujet Flight Services 8200 Lindbergh Bay Drive St Thomas, VI 00802
Dear Mr. Harrington: Office ofAirport Compliance and Management Analysis 800 Independence Ave,, SW. Washington, DC 20591

Re: HairounAviation Services, Inc., DBA Execujet Flight Services v. Virgin Islands Port Authority, FAADocket No. 16-14-11
The above-captioned complaint, filed by you onbehalfofHairounAviation Services, Inc., DBA Execujet Flight Services (Execujet), against the respondentthe Virgin Islands Port Authority (VIPA), has been deterrnined to be incomplete under 14 CFR Part 16.
Pursuant to 14 CFR §.16.23(b)(2), complaints shall be served, in accordance with 

### § 16.15, along with ''all documents then available inthe exercise ofreasonable diligence," offered in support ofthe complaint, upon all persons namedinthe complaint as persons responsible for the alleged action(s) or omissions(s) upon which the complaint is based.
You have submitted a complaintcontaining one attachment which shows the locations of the applications that you have submitted to VIPA for the constructionofa newhangar or otherpermanent long term facilities. However, throughoutthe complaint youreference additional documents such as your current lease, your applications for a new lease, and a Request for Proposal that VIPA published. The complainttherefore does not appear to "include all documents then available in the exercise ofreasonable diligence, to be offered in support ofthe complaint" required by 14 CFR 

### § 16.23(b).
In addition, pursuant to 14 CFR 

### § 16.21, priorto filing a Part 16 complaint, a person directly and substantially affectedbythe alleged noncompliance mustengagein good faith efforts to resolve the disputedmatter illforrnally with those individuals orentities believedresponsible for the noncompliance. A complaint underthis part will notbe considered unless it certifies that, (I) The complainanthas made substantial and reasonable goodfaith efforts to resolve the disputed matterinformally prior to filing the complaint; and (2) There is no reasonable prospect for practical andtimely resolution ofthe dispute.

### Furthermore, (c) The certification

... shall include abriefdescription ofthe party's efforts to 

### obtaln informal resolutionbut shall notinclude information onmonetary orother settlement offers made but not agreed upon in writing by all parties. Such efforts to resolve informally should be relatively recent and be demonstrated by pertinent documentation. There is no required form or process for informal resolution, but in each case the requirements to resolve the matter informally mustmeet the requirements ofthis paragraph

... 14 CFR § 

### 16.2l(c).
Your complaint does not include the certification required by 14 CFR § 16.21(b) and described by 14 CFR § 16.21(c). The statement in your complaint that there has been "virtually no dialog from VIPA" is not sufficient to meet the regulation's requirements. The complainant must include an express certification within the complaint or as a separate attachment. Your complaint states that Execujethas "formally applied for a new lease and permission to consttuct ahangar or otherpermanent long term facility

... on three separate occasions in the last eighteen months" and that "none ofthese applications have been accepted and there has been virtually no dialog from VIPA concerning them." In addition you state that Execujet "has done everything in its powerto enhance its facility and the image ofSTIto no avail." 2

However, the documentation you provided does not demonstrate that you have "made substantial and reasonable good faith efforts to resolve the disputed matter informally prior to filing the complaint." The Complaint includes no records offormal or informal correspondence, records ofmeetings, or email messages which show your efforts to resolve the disputed matter. Neither does the complaint include documentation that complainant has metthe requirement that there be "no reasonable prospect for practical and timely resolution ofthe dispute." The FAA cannot assume - based upon your assertion that there has been virtually no dialog from VIPA concerning your applications- that there is no reasonable

· prospect for resolution ofthis dispute.

The complaint, therefore, does not contain the "pertinent documentation" required by 14 CFR §16.21(c) to demonstrate substantial and reasonable good faith efforts to resolve the disputed matter informally. Again, under Part 16, all documents then available offered in support ofthe complaint must be filed with the complaint. In addition, pursuant to 14 CFR § 16.13(h) "[t]he initial complaint may be served electronically upon the respondentonly ifthe respondent has previously agreed with the complainant inwriting to participate in electronic filing." You have filed your initial complaint electronically and it does not appearthatthe respondent had previously agreed in writing to participate in electronic filing.The complaint is dismissed without prejudice as incomplete under 14 CFR 

### § 16.27. The complainant mayfile a new complaint that corrects the deficiencies noted above. Part 16 Docket No. 16-14-11 is closed.
Should you have any questions on this matterplease contact Jonathan Cross in the Office ofthe ChiefCounsel at 202-267-3199. Sincerely,

Randall S. Fiertz DirectorofAirport Compliance

and Management Analysis 

### 3cc: Virgin Islands Port Authority- Carlton Dowe, Executive Director Administrative Building 8074 Lindberg Bay St. Thomas, VI 00802-5922 cdowe@viport.com Virgin Islands Port Authority- Don C. Mills, Esq., General Counsel Administrative Building 8074 Lindberg Bay St. Thomas, VI 00802-5922 dcmills@viport.com Virgin Islands Port Authority- Denise M. Mills, CPM, Director ofProperty Management Administrative Building 8074 Lindberg Bay St. Thomas, VI 00802-5922 dmills@viport.com
Part 16 Proceedings Docket 

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