Order 2013-2-8

 Served: February 7, 2013

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

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, 2013 

Fitness determination of

BOUTIQUE AIR, INC.

For authority to engage in scheduled passenger 

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

41738

 Docket DOT-OST-2012-0108

ORDER CONFIRMING ORAL ACTION AND

ISSUING EFFECTIVE COMMUTER AUTHORIZATION

Summary

By this order, we confirm our oral action of January 18, 2013, 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 2012-12-07, issued December 14, 2012, the Department found 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 and 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 2012-11-32), 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 other updated fitness 

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

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

Show Cause Order. On January 16, 2013, the air carrier provided a copy of OST Form 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.
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Upon review of these documents, we concluded 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 waiting 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, 2013, and reissue to Boutique its 

commuter authorization to reflect its effective date. 

ACCORDINGLY, Acting under authority assigned by the Department in its Regulations, 

14 CFR 385.12:

1. We confirm our oral action of January 18, 2013, making the commuter authority issued to 

Boutique Air, Inc., effective on that date.

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

Order 2013-12-7, in the attached form to reflect the effective date.

3. We direct Boutique Air, Inc., to submit to the Air Carrier Fitness Division a first-year 

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 Department’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 order 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 part-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 2013-2-8 Todd M. Homan

On February 7, 2013 Director

Effective January 18, 2013 Office of Aviation Analysis
Attachment

∗As reissued by Order 2013-2-8

Terms, Conditions, and Limitations

Boutique Air, Inc.

is authorized to engage in scheduled passenger air transportation operations 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 Department of Transportation 

for the services authorized 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 conducted 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 authority 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 Part 

1544.∗∗

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

49 U.S.C. § 40102(a)(15).

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

14 CFR Part 205. Failure to maintain such insurance coverage 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 grounds 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 charter 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.
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(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) The holder may not provide scheduled passenger air transportation to or from Dallas 

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

Transportation Competition Act of 1979, as amended or as modified by any future 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 dormancy. 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 operations 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 LIST FOR BOUTIQUE AIR, INC.

SHAWN SIMPSON

PRESIDENT

BOUTIQUE AIR, INC

340 PINE ST SUITE 503

SAN FRANCISCO CA 94104

 

PETER LYNCH

ASST CHIEF COUNSEL FOR 

ENFORCEMENT AGC-300

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVENUE SW

WASHINGTON DC 20591

MARK MAZOR

MANAGER

CERTIFICATION & 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 CA 95831

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVENUE SE

WASHINGTON DC 20590