December 

### 1, 2014 Attention: FAA Part 

### 16 Airport Proceedings Docket 

### AGC

-610 Fed e ral Aviation Administration 

### 800 Independence Avenue SW Washington, DC 

### 20591 Subj ect: Title 

### 14 Code of Federal Regulations Part 

### 16 Complaint Complainant: F

. Britt Harrington, President Hairoun Aviation Services, Inc., DBA Execuj et Flight S e rvices 

### 8200 Lindbergh Bay Drive St

. Thoma s, VI 

### 00802 214

-226

-2498 ex e cujet@att

. net Name and address of persons subj e ct to thi s complaint : Virgin Islands Port Authority- Carlton Dowe, E xecutive Director Admini strative Building 

### 8074 Lindb e rg Bay S

t. Thoma s, VI 

### 00802

-5922 340

-77 4

- 1629 cdowe@ viport. com Virg in I sla nd s Port Authority- Don C. Mill s, Esq ., Gene ral Counse l Admini strative Building 

### 8074 Lindbe rg Bay St. Thoma s, VI 

### 00802-5922 340-774

- 1629 dcmill s @viport.com 

### Virgin Islands Port Authority- Denise M. Mill s, CPM , Director of Property Managem ent Admini strative Buildin g 

### 8 074 Lindbe rg Bay St

. Thoma s, VI 

### 00802-5922 3 40-774

- 1629 dmill s@ viport.com

D

ece mbe r 1 , 201 4 Titl e 14 Cod e of F ederal Re gul a tion s P art 16 C ompl ain t P age 1 of4 Hairoun Aviation S e rvices, Inc

. Ve rsu s Virg in Is la nd Port AuthorityHairoun Aviation Services, Inc. , DBA Execujet Flight Services, (Execujet) is a Fixed Base Operator (FBO) located at Cyril E. King Airport (STI} located on St. Thomas, United States Virgin Islands. Execujet is one of three FBOs doing business at STI. The two other FBOs are Alliance Aviation and St. Thomas Jet Center. E

xecujet has been a tenant of the Virgin Island Port Authority (VIPA} since October 1, 2002 and has three years remaining on its current lease, with an option for five more years. Execujet conducts its operation from a modular building on land leased from VIPA. The structure i s over thirty years old and is in need of substantial repairs. These repairs are currently economically infeasible because of the uncertain nature of its VIPA leasehold. Not having an updated facility puts Execujet at a competitive disadvantage against the other two FBOs. To further exacerbate the problem, Execujet was recently inform ed that it will no longer have direct access to the Air Operations Area, unlike like the other two FBOs. Th is change will also require Execujet to remove its Americans With Disabilities Act compliant ramp that is used to accommodate patients on air ambulance and medical flights. These flights comprise a significant portion of Execujet's revenue. Execujet has formally applied for a new lease and permission to construct a hangar or other permanent long term facility costing in excess of $1 Million on three separate occasions in the last eighteen months: (1} On April16, 2013, Execujet submitted an application to construct a hangar and general offices on its current leasehold, as enlarged. See attached site plan as indicated by (1). (2) On July 18, 2013, Execujet subm itted an application to construct a hangar and general offices on the site of the STI vehicle maintenance building. See attached site plan as indicated by (2). (3) On August 14, 2014, Execujet submitted an appl ication to construct a General Aviation Termina l building on the site of the STI vehicle maintenance building, including spaces for the existing tenants that might be displaced because of airport expansion. See attached site plan as (3). None of these applications have been accepted and there has been virtually no dialog from VIPA concerning them. On October 14, 2014, VIPA published on its web site a Request For Proposals (RFP) to develop hangars on the two sites that Execujet has previously made application to construct a permanent facility. Execujet received a copy of RFP from VIPA on October 15, 2014. This RFP will negatively impact Execujet in that its leasehold is currently situated on one of the sites being redeveloped. The Execujet facility will have to be completely demolished if a hangar is built. The RFP designates the hangars as "for general aviation uses" which includes the sale of aviation fuel, aircraft maintenance etc. This puts Execujet at a further compet itive disadvantage. Execujet has a relocation clause in its current lease giving VIPA the authority to relocate Execujet under certain circumstances. Whether the redevelopment of these two sites qualifies as one of those circumstances is in question.

December 1 , 2014 Title 14 Code of Federal Regulations Part 16 Complaint Page 2 of 4 Hairoun Aviation Services, Inc. Versus Virgin Island Port AuthorityRegardless, in the event of a relocation, VIPA is required to offer Execujet reasonably comparable alternate premises. The only two remaining sites that would offer comparable premises are the two sites proposed to be redeveloped in the RFP. Execujet has done everything in its power to enhance its facility and the image of STI to no avail. Execujet is clearly being discriminated against by VIP A, which appears to prefer that it just go away. This is unfair and contrary to Title 14 Code of Federal Regulations Part 16, specifically as it relates to Grant Assurance 22(h). Execujet hereby requests the FAA to investigate this matter and complaint.

I hereby certify that I have this day served the foregoing Part 16 Complaint on the following persons at the following physical addresses and/or email addresses: 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 8074 Lindberg Bay St. Thomas, VI 00802-5922 dmills@viport.com

December 1, 2014 Title 14 Code of Federal Regulations Part 16 Complaint Page 3 of 4 Hairoun Aviation Services, Inc. Versus Virgin Island Port Authority(1) On April16, 2013, Execujet submitted an app lication to construct a hangar an d general offices on its current lease hold , as e nl a rged
. (2) On July 18, 2013, Execujet sub mitted an app lication to construct a hangar and general offices on t he site ofthe 

# snvehicle mainte na nce buildin g . (3) On Augu s t 14, 2014, Execujet submitted an application to construct a General Aviation Te rm ina l building on the site of the STI vehicle m a intena nce building, including spaces for the existi ng tenants that might be displaced because of airport expansion.

D

ece mber 1 , 2014 Tit l e 14 Cod e of Federa l Regulations Part 16 Comp lai nt Page 4 of 4 Ha iroun A vi ation Services, Inc. Versu s Virgin Island Port Authority