Order 2013

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Served: February 7, 2013

U N

I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O

N UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 7 th day of February , 20 13

Fitness determination of

BO U TIQUE AIR, INC.

For authority to engage in scheduled passenger

operations as a commuter air carrier under 49 U.S.C. §

41738 Docket DOT

- OST

- 2012

- 0 108

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we confirm our oral action of January 1 8 , 20 13 , making the authority of Boutique

Air, Inc. (“Boutique”) effective on that date. We reissue Boutique’s commuter air carrier

authorization to reflect its effective date.

Background

By Order 20 12

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, issued December 1 4 , 20 12, the Department fou nd Boutique fit to conduct

scheduled passenger service as a commuter air carrier. Under the terms of that order, the

authority would become effective on the sixth business day after we had received (1) a copy of

the air carrier’s Air Carrier Certificate a nd Operation Specifications from the Federal Aviation

Administration (“FAA”) authorizing it to engage in scheduled passenger service, (2) evidence of

liability insurance coverage that meets the requirements of section 205.5(b) for all of its aircraft,

(3) a statement of any changes it had undergone in areas affecting its fitness subsequent to the

issuance date of the Show Cause Order in this case (Order 2012

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- 32), and (4) updated

financial information and evidence that the air carrier still had available to it funds sufficient to

meet the Department’s financial criteria.

On January 9, 2013, Boutique provided to the Department financial and ot her updated fitness

information and the air carrier stated that it had undergone no substantial changes in ownersh ip,

key personnel, compliance history, operating plans or financial posture since the is suance of the

Show Cause Order. On January 16, 2013, the air carrier provided a copy of OST Fo rm 641

evidencing liability insurance meeting the requirements of 14 CFR 205.5(b) and a copy of

Boutique’s Air Carrier Certificate and Operation Specifications from the FAA . Boutique

requested that we make its authority effective prior to the expiration of the six (6) day waiting

period.2

Upon review of these documents, we co ncluded that Boutique remained fit to conduct its

proposed commuter operations. Under these circumstances, we concluded that there was no

reason not to grant the waiver it requested and made its authority effective prior to the expiration

of the six

- day w aiting period. Therefore

, on January 18, 2013, we orally advised Boutique that

we were making its commuter authority effective on that date.

By this order we confirm our oral action of January 18 , 20 13, and reissue to Boutique its

commuter authorization to reflect its effective date.

ACCORDINGLY, Acting under authority assigned by the De partment in its Regulations,

14 CFR 385.12:

1. We confirm our oral action of January 18 , 20 13 , making the commuter authority issued to

Boutique Air, Inc.

, effecti ve on that date.

2. We reissue the Commuter Air Carrier Authorization issued to Boutique Air, Inc. , by

Order 20 1 3

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- 7 , in the attached form to reflect the effective date.

3

. We direct Boutique Air, Inc.

, to submit to the Air C arrier Fitness Division a first

- y ear progress report within 45 days following the end of its first year of commuter operations. 1

4

. We will serve a copy of this order on the persons listed in Attachment A.

Persons entitled to petition the Department for review of this order, under the D epartment’ s Regulations 14 CFR 385.30, may file their petitions within 10 days of the service date of this

order.

The action confirmed in this o rder was effective when taken and the filing of a petition for

review shall not alter its effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov

1 The report shall include a description of the air carrier’s current operations (number and type of aircraft,

principal markets served, total number of full

- time and p art

- time employees), a summary of how these operations

have changed during the year, a discussion of any changes it anticipates from its current operations during its second

year, current financial statements, and a listing of current senior management and key technical personnel.

# Commuter Air Carrier Authorization

(as reissued )

This Certifies That



# Boutique Air, Inc.

is authorized, subject to the provisions of Subtitle VII of Title 49 of United States

Code, the orders, rules, and regulations issued thereunder, and the attached Terms,

Conditions, and Limitations, to engage in scheduled passenger air transportation

operations as a commuter air carrier

.

This authorization is not transferable without the approval of the Department of

Transportation.

By Direction of the Secretary

Issued by Order 20 13

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- 8 Todd M. Homan

O n February 7 , 20 13 Director

Effective January 18, 2013 Office of Aviation Analysis

### Attachment

∗

As reissued by Order 20 13

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### Terms, Conditions, and Limitations

Boutique Air, Inc.

is authorized to en gage in scheduled passenger air transportation op erations as a commuter air

carrier:

This authority is subject to the following provisions:

(1) The holder shall at all times conduct its operations in accordance with the requirements

of 14 CFR Part 298 and any other regulations prescribed by the Depart ment of Transportation

for the services author ized here , and with such other reasonable terms, conditions, and

limitations as the Department of Transportation may prescribe in the public interest.

(2) The holder ’s authority is limited to operations conduc ted pursuant to Part 135 of the

Federal Aviation Regulations. In the event that the holder wishes to institute operations that

would require Part 121 certification from the FAA, it must first be determined fit for such

operations.

(3 ) The holder's author ity under this certificate is effective only to the extent that such

operations are also authorized by the Federal Aviation Administration (FAA), and comply with

all U.S. Government requirements concerning security, including, but not limited to 49 CFR Par t

1544. ∗ ∗

(4 ) The holder shall at all times remain a "Citizen of the U nited States" as required by

49 U.S.C. § 40102(a)(15).

(5 ) The holder shall maintain in effect liability insuranc e coverage as required under

14 CFR Part 205. Failure to maintain such insurance co verage will render this authority

ineffective, and this or other failure to comply with the provisions of Subtitle VII of Title 49 of the

United States Code or the Department's regulations shall be sufficient gr ounds to revoke this

authority

∗ This certificate is being reissued to reflect its effective date

.

∗ ∗ To assure compliance with all applicable U.S. Government requirements concerning security, the

holder shall, before commencing any new service (including chart er flights) to or from a foreign airport,

contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the

Transportation Security Administration has determined that security is adequate to allow such airport(s)

to be served.2

( 6) The holder may reduce or terminate service at any point or between any two points,

subject to compliance with the provisions of 49 U.S.C. 41734 and all orders and regulations

issued by the Department of Transportation under that section.

(7) T he h older may not provide scheduled passenger air transportation to or from Dallas

(Love Field), Texas, except within the limits set forth in sec tion 29 of the International Air

Transportation Competition Act of 1979, as amended or as modified by any futur e legislation

addressing access restrictions to or from Love Field.

( 8 ) Should the holder propose any substantial change in its ownership, management, or

operations ( as defined in 14 CFR 204.2(l)), it must first comply with the requirements of

14 CFR 204. 5.

(9 ) In the event that the holder does not commence actual flying operations as a commuter

air carrier under this authority within one year of the date of the Department’s determination of

its fitness, its commuter authority shall be revoked for dormanc y. Further, in the event that the

holder commences but subsequently ceases all scheduled passenger operations, the authority

granted here shall be suspended under the terms of 14 CFR 204.7 and the holder may neither

recommence nor advertise such operatio ns unless its fitness to do so has been redetermined by

the Department. Moreover, if the holder does not resume operations within one year of its

cessation, its authority shall be revoked for dormancy.Attachment A

SERVICE L IST FOR BOUTIQUE AIR, INC.

SHAWN SIMPSON

PRESIDENT

BOUTIQUE AIR, INC

340 PINE ST SUITE 503

S AN FRANCISCO CA 94104 PETER LYNCH

ASST CHIEF COUNSEL F OR

ENFORCEMENT AGC

- 300

FEDERAL AVIATION ADM INISTRATION

800 INDEPENDENCE AVE NUE SW

WASHINGTON DC 2059 1

MARK MAZOR

MANAGER

CER TIFICATION & EVALUATION PROGRAM

OFFICE

FAA AFS

- 900

45005 AVIATION DRIVE

DULLES VA 20166 GERALD GRISWOLD

PRINCIPAL OPERATIONS INSPECTOR

SACRAMENTO FSDO

1102 CORPORATE HIGHWAY

SUITE 200

SACRAMENTO C A 95831

OFFICE OF AIRLINE IN FORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590