U,S. Department 

of Transportation 

Federal Aviation 

Administration 

OEC 1 S 2014 

F. Britt Harrington, President 

Hairoun Aviation Services, Inc. 

DBA Execujet Flight Services 

8200 Lindbergh Bay Drive 

St Thomas, VI 00802 

Dear Mr. Harrington: 

Office of Airport Compliance 

and Management Analysis 

800 Independence Ave,, SW. 

Washington, DC 20591 

Re: Hairoun Aviation Services, Inc., DBA Execujet Flight Services v. Virgin 

Islands Port Authority, FAA Docket No. 16-14-11 

The above-captioned complaint, filed by you on behalf ofHairoun Aviation Services, Inc., 

DBA Execujet Flight Services (Execujet), against the respondent the Virgin Islands Port 

Authority (VIP A), 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 in the exercise of reasonable 

diligence," offered in support of the complaint, upon all persons named in the complaint 

as persons responsible for the alleged action(s) or omissions(s) upon which the complaint 

is based. 

You have submitted a complaint containing one attachment which shows the locations of 

the applications that you have submitted to VIP A for the construction of a new hangar or 

other permanent long term facilities. However, throughout the complaint you reference 

additional documents such as your current lease, your applications for a new lease, and a 

Request for Proposal that VIP A published. The complaint therefore does not appear to 

"include all documents then available in the exercise of reasonable diligence, to be 

offered in support of the complaint" required by 14 CFR § 16.23(b). 

In addition, pursuant to 14 CFR § 16.21, prior to filing a Part 16 complaint, a person 

directly and substantially affected by the alleged noncompliance must engage in good 

faith efforts to resolve the disputed matter illforrnally with those individuals or entities 

believed responsible for the noncompliance. A complaint under this part will not be 

considered unless it certifies that, 

(I) The complainant has made substantial and reasonable good faith efforts to 

resolve the disputed matter informally prior to filing the complaint; and 

(2) There is no reasonable prospect for practical and timely resolution of the 

dispute. 
Furthermore, 

(c) The certification ... shall include a brief description of the party's efforts to 

obtaln informal resolution but shall not include information on monetary or other 

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 must meet the 

requirements of this 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 Execujet has "formally applied for a new lease and permission 

to consttuct a hangar or other permanent long term facility ... on three separate 

occasions in the last eighteen months" and that "none of these applications have been 

accepted and there has been virtually no dialog from VIP A concerning them." In 

addition you state that Execujet "has done everything in its power to enhance its facility 

and the image of STI to no avail." 

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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 of formal or informal 

correspondence, records of meetings, or email messages which show your efforts to resolve 

the disputed matter. Neither does the complaint include documentation that complainant has 

met the requirement that there be "no reasonable prospect for practical and timely resolution 

of the 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 of this 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 of the 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 respondent only if the respondent has previously agreed with the 

complainant in writing to participate in electronic filing." You have filed your initial 

complaint electronically and it does not appear that the 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 may file 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 matter please contact Jonathan Cross in the Office 

of the Chief Counsel at 202-267-3199. 

Sincerely, 

Randall S. Fiertz 

Director of Airport Compliance 

and Management Analysis 

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cc: 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 of Property 

Management 

Administrative Building 

807 4 Lindberg Bay 

St. Thomas, VI 00802-5922 

dmills@viport.com 

Part 16 Proceedings Docket 

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