Shawn Simpson 

CEO 

Boutique Air 

548 Market St. Ste 73298 

San Francisco, CA 94104 

February 5, 2016 

Office of the Chief Counsel 

RECEIVED 

FEB 0 8 2016 

PART16DOCKETS 

Attention: FAA Part 16 Airport Proceedings Docket 

AGC-610 

Federal Aviation Administration 

800 Independence Ave., SW 

Washington DC 20591 

Dear FAA Part 16 Airport Proceedings Docket: 

BOUTIQUE AIR 

I hereby certifY that I have tllis day served the foregoing Part 16 complaint on the following 

persons at the following addresses by mail: 

Clark County Department of Aviation - McCarran International Airport 

Rosemary Vassiliadis, Director of Aviation; (702) 261-5211 

Philip Detmer, Aviation Affairs Manager; (702) 261-4224 

James Chrisley, Deputy Director of Aviation, Operations; (702) 261-5321 

Darla Hook, Aviation Contract Specialist; (702) 261-4697 

P.O. Box 11005, Las Vegas, Nevada 89111-1005 

Dated this 5th day of February, 2016. 
To Whom It May Concern, 

This letter is issued to formally serve as Boutique Air's complaint filed under Part 16 against: 

McCaiTan International Airport 

As a result of the McCanan International Airport's noncompliance with the Airport 

Improvement Program provisions under the Airport and Airway Improvement Act, Boutique 

Air's business and passengers have been directly and substantially affected. Pursuant to 14 CFR 

§16.21, Boutique Air has made substantial and reasonable good faith efforts to resolve the 

disputed matter informally prior to this filing. Despite several months of discussion with the 

McCanan International Airport (initiated in October of 20 15), no reasonable prospect tor a 

practical and timely resolution of the dispute has been presented to Boutique Air. These efforts to 

resolve infi:.lrmally were conducted recently via e-mail correspondence, and are demonstrated in 

the attached pages. Firstly, we will demonstrate why we believe McCarran International Airport 

to be in violation of the Airport and Airway Improvement Act, substantiate the allegations, 

describe the direct and substantial affects incurred to Boutique Air and its customers. 

The provisions which we believe Clark County to be in violation of are the Grant Assurances 

provided under the Airport Improvement Program as dictated by the Airport and Airway 

Improvement Act. The McCanan International Airport is a recipient of Airport Improvement 

Program funding (having received $109,663,454 between 2010-2015) and, as such, is bound to 

grant assurances we believe them to be in violation of, specifically including the assurance of 

Economic Nondiscrimination, detailed below: 

22. Economic Nondiscrimination. 

A. It will make the airport available as an airport for public use on reasonable terms and 

without unjust discrimination to all types, kinds and classes of aeronautical activities, 

including commercial aeronautical activities offering services to the public at the 

airport. 

E. Each air canier using such airport (whether as a tenant, non-tenant, or subtenant of 

another air canier tenant) shall be subject to such nondiscriminatory and substantially 

comparable rules, regulations, conditions, rates, fees, rentals, and other charges with 

respect to facilities directly and substantially related to providing air transportation as 

are applicable to all such air carri.ers which make similar use of such airport and utilize 

similar facilities, subject to reasonable classifications such as tenants or non-tenants 

and signatory carriers and non- signatory caniers. Classification or status as tenant or 

signatory shall not be unreasonably withheld by any airport provided an air canier 

assumes obligations substantially similar to those already imposed on air carriers in 

such classification or status. 

According to the grant assurances specified above, Clark County has an obligation to make the 

McCarran International Airport available for all types and classes of aeronautical activities, 
based on reasonable terms, and without unjust economic discrimination. This should include 

Boutique Air. However, McCarran does not have flexible rates and standards to accommodate a 

small air carrier within a non-sterile area (nor in a sterile one, were we to after that type of 

service). Within this constrained environment, we have tried to negotiate with the airport for 

space and fees that fit the operational needs of Boutique Air. Their refusal to negotiate upon a 

reasonable tum fee for the size of our operation is, in our belief a violation of the grant 

assurances specified above. 

To detail this specifically, the McCarran International Airport proposes to charge us the exact 

same rate as a 737 narrow body jet with 150 seats. This rate is not economically proportionate or 

feasible for us with our 8 passenger aircraft. The amount they want to charge us per tum is 

$462.50. If we have a 50% load factor of 4 passengers each paying $100, our total revenue for a 

flight might only be $400, not even covering the tum cost, not to mention our pilots, fuel, 

maintenance, customer service agents, and the purchase of our airplanes. 

The single fee detailed above (not including additional fees imposed by the airport for badging, 

lease agreements, etc.) is economically discriminatory for a small-sized, co111111unity airline. 

McCarran proposes to charge us in excess of $27,750 per month ($462.50 per tum, with two 

scheduled turns per day, calculated over 30 days), simply for these ramp fees. By contrast, the 

landing fees per month at Los Angeles International Airport (the third largest airport in the U.S., 

and the fifth largest in the world by passenger traffic) are only $2,907 per month; roughly one 

tenth of the cost. While every airport structures its fees differently, our total monthly expenses 

for every fee owed to the Los Angeles International Airport each month do not exceed 

$11,484.96; this amount is still a fraction of the costs for just ramp fees at McCarran (not to 

mention additional expenses). Every single airport we operate at, including LAX, PHX, DFW, 

BNA, DEN, and OAK, have provided us with a financially feasible way to nm our operations at 

their respective locations. If some of the world's largest airports can still feasibly accommodate 

our operation under the assurances that dictate their receipt of AlP funding, surely McCarran can 

too: 

Since initiating operations on November 1, 2015, Boutique Air has been directly and 

substantially impacted by the McCarran International Airport's lack of ability to provide us with 

an economically feasible option for operating in a non-sterile fashion. After being denied access 

to Atlantic Aviation by McCarran International Airport representatives Philip Detmer and Darla 

Hook, and having already sold hundreds of tickets, Boutique Air was forced to divert flights to 

the only economically feasible location; Henderson Executive Airport. We were immediately 

forced to hire additional staff and purchase a shuttle vehicle fhat could accommodate the 20-30 

minute drive from Henderson to McCarran in order to accommodate our passengers, resulting in 

fhe accrual of thousands of dollars in additional expenses and an exceptionally poor experience 

for customers, who are unable to make tight connections due to the transit time between 

Henderson and McCarran (subsequently resulting in thousands of dollars of losses for our 

passengers). As such, the inability to operate from LAS presents a major financial hardship for 

us, but also for our passengers, who are forced to change or cancel connecting flights due to the 

added transit time. 

the documentation attached in the forthcoming pages attests to our good faith efforts to resolve 
this issue with the McCarran International Airport. Most importantly, we would like to point to 

the following effort to identify a solution for our operation at McCarran: 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Tuesday, January 19,2016 6:50PM 

To: Phillip Detmer 

Cc: Ben Czyzewski; Chris Jones; James Chrisley; Michael Bennett; 

operations@boutiqueair.com; Dennis Anderson; Scott Kichline 

Subject: RE: Boutique Air- LAS Operational Policy and Procedures 

Phillip, 

Thank you very much for the tour today. It was extremely helpful to me and my stafi. 

I believe the non-sterile option we reviewed today would work. We can certainly try it. 

The only thing holding us back (as mentioned) is the disproportionate fees which 

substantially penalize a small aircraft such as ours. 

Given that our brand (and customers) continue to be distressed by the current situation, 

we would very much like to get it resolved in within a few days. 

Please do let us know what can be done. We can certainly appeal to the FAA if you feel 

there is nothing that can be done. 

Thanks again, 

Shawn 

OnFri, Jan 22, 2016 at 2:06PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

Good afternoon Shawn, 

[ ... ] 

There is nothing that can be done about the current rates and fees, as these rates have 

already been reviewed and approved by the Airline Airport Atiairs Committee (AAAC) 

and our Clark County Board of Conunissioners. All Airlines operating at McCarran are 

required to pay the current rates and fees listed under Title 20 of the Clark County Code. 

The next AAAC meeting will be held sometime in ApriVMay, but any changes to the 

rates will not be effective until July 1, 2016. So, you will need to decide if this will be an 

issue for your start-up at LAS. 

[ ... ] 

Thank you, 
Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-4224 j Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

It is clear from the above correspondence that McCarran is tmwilling to provide us with an 

option to fly into the airport in a fashion that is not economically prohibitive for our operation. 

We replied to Mr. Detmer's comments by suggesting several alternatives: 

From: Shawn Simpson <shawn@boutiqueair.com> 

Date: Mon, Jan 25, 2016 at 1:32AM 

Subject: Re: Boutique Air- LAS Operational Policy and Procedures 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, 

James Chrisley <jamesc@mccarran.com>, Michael Bemtett 

<Michae!B@mccarran.com>, "operations@boutiqueair.com" 

<operations@boutiqueair.com>, Demtis Anderson <DennisA@mccarran.com>, Scott 

Kichline <ScottK@mccarran.com> 

Phil, 

Ok--thanks for the info. All very helpful to know. 

So as much as we would like to be able to start operations, paying the same turn fee as a 

73 7 simply does not work economically. 

While it would be nice if we could wait several months to see how the meetings go, our 

brand is experiencing real damage, as is our operation. Our passengers are suffering from 

this situation. 

We simply can not wait. 

I have a few suggestions: 

1) allow us to operate from the FBO until the proportionate pricing matter can be 

resolved 

2) have an emergency meeting to come up with prpportionate pricing 

3) waive the turn fees for us as a one. tin1e anomaly given the size of our aircraft and 

in recognition that it is simply not fair to charge us the same fee as a 73 7. 

Our aircraft has 8 ~ats for passengers, versus 1 ~9~189 passengers for a modern 737. 

This is between 21 and 23.6 times more expensive for us than competitors per seat. 
As I know you have already discussed this internally and there has been no progress 

made on the subject, I'll go ahead and discuss with the FAA to see what they have to say. 

Like I said, I wish we could hang out and wait, but this situation has already gone on 

much much longer than we would have liked and we can not afford the ongoing 

strains it is putting on our small operation. 

If you believe that you might be able to swing any ofthe above suggestions I made 

please do let us know. 

Best, 

Shawn 

No representative ofMcCarran International Airport has responded positively to our urgent 

request, articulated above. We have been actively pursuing a resolution to this matter since 

November 2015, and after several months, it appears that McCarran is still unable to provide us 

with an option to operate in a manner that can be considered non-discriminatory. The full 

documentation of all of our written correspondence with McCarran officials is detailed in the 

final pages of this complaint. 

We believe the airport is in violation of the Airport and Airway Improvement Act, and that as a 

result, our business model and passengers continue to suffer negative impacts financially while 

our brand image is tarnished via the denial of economically feasible means of operating at LAS 

as articulated to us by the airport's officials. It is our request that the FAA intercede at this time 

in a forn1al manner, so that we can arrive at a solution that allows our operation feasible and fair 

access to the McCarran International Airport. 

Thank you kindly for your attention. 

Sincerely, 

Shawn Simpson, CEO 

Boutique Air 
Boutique Air & McCarran International 

Airport 

Full Documented Correspondence 
Date: Fri, 26 Jun 2015 13:15:40-0700 

Subject: Boutique Air I McCarran 

From: Shawn Simpson <shawn@boutiqueair.com> 

To: phillipd@mccarran.com, 

"operations@boutiqueair.com" <operations@boutiqueair.com>, 

Director@mccarran.com, 

"legal@boutiqueair.com" <legal@boutiqueair.com>, dot@boutiqueair.com, 

DeputyDirector@mccarran.com 

Dear Mr. Detmer, Mz. Vassiliadis, and Mr. Waters, 

I recently received a phone call from Mr. Dan Laliberte of Quail Air center. 

He informed me that the Airport had contacted him to let him know that they 

had heard that Boutique Air was going to be initiating flights into McCarran and 

that scheduled flights should not be going into the GA side of the airport. 

Boutique Air is a Part 135 Commuter airline authorized for charter and commuter airline 

operations. We have already conducted both charters and scheduled service into and 

out of the airport at various times since 2013. 

Our operations in and out of Vegas are non-sterile and this is the type of operation for which 

our customers have shown a strong preference. 

While we are not especially particular about needing to operate in and out of the Quail Air 

Center per se (although we do have space rented there already), we would 

need to be provided an alternate location at the airport with which we can 

conduct the non-sterile flying operations and product that our customers are 

accustomed to. 

While a private airport certainly has the right to dictate the type of operations that 

are allowed to take place, a federally funded airport using the money of 

the US Taxpayers through the AlP program is not allowed to discriminate against operators 

regardless of the type or size of the operation. It seems that McCarran is very much a 

recipient of these funds (north of $20MM in 2014 alone) if I'm not mistaken and 

therefore does have the responsibility to accommodate our type of operation. 

As I mentioned, we have had space at Quail Air center rented since early 

2014 and intend continue to use that for our operations. If you do not want non-sterile 

scheduled operations taking place at our current leased space, then please do propose an 

alternate plan that is in line with the requirements of AlP funded airports and at costs that 
are fair and proportionate based on the type of aircraft we fly (Pilatus PC-12, 8 

passenger) and the number of passengers we are going to be transporting. 

Thank you, 

Shawn 

Shawn Simpson 

CEO 

Boutique Air 

548 Market Street ste 73298 

San Francisco, 

CA 94104 

office: 415.449.0505 x243 

fax: 415.738.7671 

email: shawn@boutiqueair.com 
From: Phillip Detmer <PhillipD@mccarran.com> 

Date: Wed, Jul1, 2015 at 8:03AM 

Subject: RE: Boutique Air j McCarran 

To: Shawn Simpson <shawn@boutiqueair.com> 

Good morning Shawn, 

Sorry, I was out of the office the last two days, but I just tried to call your office. They 

said you are out of town. 

I can give you a call on Monday to talk about your proposed operation. 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-4224 I Cell: (702) 401-6888 I Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 
---------- Forwarded message ----------

From: Shawn Simpson <shawn@boutiqueair.com> 

Date: Tue, Oct 13, 2015 at 1:45PM 

Subject: Re: Boutique Air I McCarran 

To: Phillip Detmer <phillipd@mccarran.com>, "operations@boutiqueair.com" 

<operations@boutiqueair.com>, Director@mccarran.com, "legal@boutiqueair.com" 

<legal@boutiqueair.com>, dot@boutiqueair.com, DeputyDirector@mccarran.com 

Dear Mr. Detmer, Mz. Vassiliadis, and Mr. Waters, 

Unfortunately, it is now necessary that I follow up on my previous email with the message from 

*June*. 

In response to my previous email of *three months ago* I received 

an email from Phillip Detmer that he would like to discuss the situation. After a couple weeks 

we connected and and he told me that because we were a part 135 operation we need to 

operate out of one of 

the FBOs and not out of Quail. Nonetheless, he told we that one of the FBOs was the place for 

us. 

Honestly, we don't really have a problem operating out of one of the FBOs or Quail (where we 

have been a tenant 

for a long time). 

Just today, however we were told that Darla Hook rejected the proposed lease for us to be a 

tenant of Atlantic 

Aviation. I have never spoken with Darla Hook that I am aware of, but it sounds like she or 

someone 

she works with has not giving us appropriate paperwork we need to get our operation set at 

McCarran. 

So that everyone is on the same page, I would like to make clear: Boutique Air is going to be 

fiying into McCarran non-sterile in just a few weeks and 

have been trying to get this squared away for three plus months. 

I am very much beginning to feel that we are being discriminated against based on the type and 

size aircraft 

that we are flying, which is the Pilatus PC 12 in a part 135 non-sterile operation. 

Can someone in a leadership position at the McCarran Airport please confirm for me that the 

Airport would 
indeed be pleased to have us operating out of their Federally funded AlP airport and are going 

to help our part 135 

non-sterile operation conduct operations without being discriminated against based on the type 

of operation and size aircraft? 

I also have a responsibility to keep our passengers informed as to some of the details of our 

operation. The lack of 

clear communication is starting to have a negative effect on the flying public in this case. 

If for some reason McCarran is exempted from the non-discrimination rules of AlP funding then 

please do let me know. 

Best, 

Shawn 
---------- Forwarded message----------

From: Phillip Detmer <PhillipD@mccarran.com> 

Date: Thu, Oct 15, 2015 at 4:03PM 

Subject: RE: Boutique Air f McCarran 

To: Shawn Simpson <shawn@boutiqueair.com>, "operations@boutiqueair.com" 

<operations@boutiqueair.com>, McCarran Director <director@mccarran.com>, 

"legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" 

<dot@boutiqueair.com>, McCarran Deputy Director Operations 

<deputydiroperations@mccarran.com> 

Cc: Darla Hook <DarlaH@mccarran.com> 

Dear Mr. Simpson 

We are in receipt of your email, dated Tuesday, October 13, 2015, regarding your proposed Part 

135 service to McCarran International Airport (Airport). Please be assured your company and 

proposed operation is not being discriminated against. Your statement that the Airport rejected 

your proposed lease with Atlantic Aviation is not correct. Our office never received any 

proposed lease for review from Atlantic Aviation. 

Based on the information you originally provided us in June, we recommended you contact the 

Fixed Based Operators (Signature Flight Support and Atlantic Aviation) on the West Side 

Airfield. Our Airport Operating Directives 01-1-R003, Section 1(M), entitled Charter Flights, 

states that all flights that operate under FAA Part 91 (non-commercial), Part 125 

(non-commercial-large aircraft), and Part 135 (on demand charters) must use one of the West 

Side FBO's. Part 135 operations are not allowed to be conducted in a privately owned hangar or 

other privately leased area at an FBO. A link to the Airport's Operating Directive is provided 

below for your reference: 

https://cms.mccarran.com/dsweb/Get/Document-271106/Airside%2oOperations%2o-%2oOpe 

rating%2oDirective%20-%2010-1-13.pdf 

Typically no permission is required for Part 91, Part 125, or Part 135 flights at the West Side 

FBO's. We do allow on-demand Part 135 charters at Atlantic Aviation. However, after more 

information was gathered on your proposed operation, it appears these flights will actually be 

scheduled service, and is currently published in the OAG. The FBO's are aware that this type of 

operation is not permitted at their facilities under their existing Lease Agreements. Scheduled 

flight service needs to be handled from the Airport Terminal Complex. 

I can appreciate the confusion, but we were working under the supposition that your proposed 

service was going to be on-demand Part 135 service. It now appears this is really scheduled 

service. As such, we can look at accommodating your operation out of Terminal!. We suggest 
scheduling a meeting with your team as soon as possible to coordinate your start-up. Attached 

is a copy of our New Air Service Start-Up Requirements Handbook, which includes information 

to help answer questions about operating at McCarran Airport and it also outlines the items we 

will need. 

Please let me know when you and your team are available to meet. 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-4224 I Cell: (702) 401-6888 I Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 
---------- Forwarded message ----------

From: Shawn Simpson <shawn@boutiqueair.com> 

Date: Tue, Oct 20, 2015 at 4:48 PM 

Subject: Re: Boutique Air I McCarran 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Director 

<director@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, 

"dot@boutiqueair.com" <dot@boutiqueair.com>, McCarran Deputy Director Operations 

<deputydiroperations@mccarran.com>, Darla Hook <DarlaH@mccarran.com> 

Dear Mr. Phillip Detmer, Mz. Vassiliadis, and Mr. Waters, 

I am not sure how it is possible for any of you to confuse the kind of operation that we are 

conducting. 

In my email dated June 26th addressed to the three of you these are the first few sentences: 

"I recently received a phone call from Mr. Dan Laliberte of Quail Air center. 

He informed me that the Airport had contacted him to let him know that they 

had heard that Boutique Air was going to be initiating flights into McCarran and 

that scheduled flights should not be going into the GA side of the airport. 

Boutique Air is a Part 135 Commuter airline authorized for charter and commuter airline 

operations. We have already conducted both charters and scheduled service into and 

out of the airport at various times since 2013. " 

Since I very clearly state that the issue is that we are being told that we are being told 

that we can not use the GA side of the airport for scheduled service in my email on June 26th 

what you are now doing is telling me that no one on your team understood my email and 

you are now repeating your policy to me. 

I do not appreciate this approach because you are giving us the run-around. 

Part of the reason that our company is successful is because we very much focus on quality 

We do not like to operate in obscure shades of grey. 

I NEED A CLEAR ANSWER TO THE QUESTION: FROM WHERE CAN OUR NON-STERILE 

PART 135 AIRLINE OPERATE OUT OF MCCARRIN AIRPORT? 

YOU MENTION OPERATING OUT OF TERMINAL 1. IS IT POSSIBLE TO RUN NON-STERILE 

OPERATIONS FROM THAT LOCATION? I DID NOT KNOW THAT WAS POSSIBLE. PLEASE 

CLARIFY AND CONFIRM THAT THIS IS POSSIBLE. 
IF WE CAN OPERATE FROM TERMINAL 1 IN A NON-STERILE WAY, WE WILL COME TO 

MEET AND VIEW THE PROPERTY WITHIN 48 HOURS OF RECEIVING THAT 

CONFIRMATION 

OR AS YOUR SCHEDULE PERMITS. 

I asked this question about where we could operate three months ago and now we are just a 

couple weeks away from starting our operations 

since we were told that we could use the FBO by Mr. Phillip Detmer. 

Just so that everyone is understanding, we have many paying passengers that are already 

scheduled 

to fly in. 

Because we were told we could use the FBO by Phillip Detmer and now that seems to not be 

the case 

we need solutions--perhaps both near term and long term. To say that we were not clear from 

the beginning 

is something that perhaps the FAA can decide if it comes to that. Our airline status is also clear 

from our web page 

and wikipedia. 

We look forward to your prompt response. 

Best, 

Shawn 
---------- Forwarded message ----------

From: Phillip Detmer <PhillipD@mccarran.com> 

Date: Mon, Oct 26, 2015 at 4:33 PM 

Subject: RE: Boutique Air j McCarran 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Director 

<director@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, 

"dot@boutiqueair.com" <dot@boutiqueair.com>, McCarran Deputy Director 

Operations <deputydiroperations@mccarran.com>, Darla Hook 

<DarlaH@mccarran.com> 

Dear Mr. Simpson, 

As mentioned in your emails, you were notified in June by Quail Air Center that you 

could not operate your Part 135 operation from your leased hangar. We then spoke with 

you in July, and you described your desire to be able to operate non-sterile Part 135 

operations from the West Side Airfield. We explained the policy to you and what you 

could and couldn't do. 

I repeated the policy because you have already been informed that scheduled service is 

not allowed on the West Side Airfield. This is consistent with the information you 

received from Quail Air Center, Atlantic Aviation and the Airport in July. This is the 

why we were not completely clear about your operation. Scheduled service, published in 

the Official Airline Guide (OAG), and commercial charter operations are not permitted 

from the West Side FBO' s. It is a violation of Atlantic Aviation's lease agreement if they 

allowed scheduled flight services from their facility. 

You wanted to know how Boutique Air could operate from the West Side Airfield as a 

Part 135 air carrier, so we provided the information on what operations are permitted. 

You've had this information since July to determine how you could operate. Regardless 

of whether we understood you to be looking at operating Part 135 on demand charters or 

a scheduled service, the information and policy you were provided three months ago is 

the same information and policy today. 

The statement that you've been conducting both charter and scheduled service into and 

out of the Airport at various times since 2013, just means that you have been violating 

the terms of your sublease agreement at the Quail Air Center. In addition, Boutique Air 
does not have a current Clark County Business License and your Certificate of Insurance 

on file is not at the required amount. 

Please review the following responses to your questions: 

• From where can our non-sterile Part 135 airline operate out of 

McCarran Airport? As mentioned above, scheduled flight service and 

commercial charter operations must operate from the Airport Terminal Complex. 

Passengers need to be TSA screened from the departing city in order to arrive and 

deplane at the Airport Terminal Complex Gate. 

• Is it possible to run non-sterile operations from the Terminal 1 

location? No, the passengers need to be TSA screened prior to arriving at the 

Airport Terminal Complex Gate. 

These are the policy guidelines on how you will be able to operate at McCarran. If you 

are determined to run non-sterile Part 135 scheduled flight operations, then your best 

option will be to utilize the North Las Vegas Airport. Our North Las Vegas Airport is 

located just minutes from downtown Las Vegas and the Strip. It's a convenient and 

economical alternative to McCarran International Airport. 

Please let us know how you wish to proceed. I suggest scheduling a meeting with your 

team to discuss your options. We would be happy to schedule the appointment. 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-4224 I Cell: (702) 401-6888 I Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 
Dear Director Rosemary A. Vassiliadis: 

(Clark County Commissioners and interested parties copied) 

My name is Shawn Simpson, I am the CEO of Boutique Air. 

I am writing you today about a serious matter: the discrimination that my company, Boutique Air 

(A United States Air Carrier, DOT Certificate #285A 106N), and indirectly, our customers (the 

public) are experiencing from the McCarran International Airport. As many of us know, 

McCarran is owned and under the jurisdiction of Clark County, NV. While owned and overseen 

by Clark County, the McCarran Airport is required to follow federal rules regarding 

discrimination. Unfortunately, it is not complying with these rules. 

This discriminatory behavior has started to impact my organization and is on the verge of 

impacting a great many of our customers, who are mostly just regular people. 

Before I get into these details I will first provide some background information on our company. I 

would also like to mention now that I am writing because I exhausted all efforts trying to resolve 

this in communicating directly with the airport. Being the head of my organization I am now 

forced to escalate to the those responsible for the airport and if it comes to it, the FAA and DOT. 

In 2009 I started a company called Boutique Air. We began by doing simple air charters in small 

aircraft eight passenger aircraft. As time passed we applied to the Department of Transportation to 

become a certified scheduled United States Air Carrier. In 2014 we won the trust of the community 

of Clovis, New Mexico and were awarded the Essential Air Service contract to connect this small 

rural community to the rest of the world by way of the Dallas Fort Worth International Airport; we 

continue to operate three flights a day with great success. The mayor, town council, and citizens of 

Clovis New Mexico regularly express their satisfaction to us regarding the service we provide to their 

community. Clovis also has an Air Force Base with many young airmen that serve our country. 

These men and women also rely on Boutique Air to both visit their friends and family as well as to 

deploy on military missions. 

After our success in Clovis, word about our company spread. Soon the community of Silver City, 

New Mexico requested that we fly from their airport. We were given the blessing of the DOT and we 

now fly Silver City residents and visitors to Albuquerque Sunport International Airport several times a 

day. In the last six months, seven additional remote and rural communities have come to support us 

in conjunction with the US DOT to provide regular air service to larger hubs. We now offer flights 

from fifteen United States Airports, large and small. We have never encountered any resistance 
by any airport in conducting scheduled service between smaller communities with larger 

hubs, until now. 

The reason I write you today is because we have been told by the airport that there is no place for 

Boutique Air to conduct non-sterile operations at the McCarran International airport. They did add, 

however, that if we were to decide we wanted to conduct a sterile operation then we could operate 

from Terminal 1. Our non-sterile operations are not welcome, however. The problem is that it is 

not the place of a public airport funded by federal tax dollars, to tell an airline what type of operations 

they are willing to accept. It is the duty of a public airport to accommodate all operations that are 

safe and do not disrupt the normal operation of the airport. Somehow none of the other airports 

where we conduct non-sterile operations have a problem with us. In fact, they welcome us. 

If McCarran were owned and operated by a private entity then it would certainly have every right to 

reject us. McCarran, however, is not only a facility that is under the domain of Clark County, but is 

also subject to myriad federal regulations concerning discrimination against air carriers. 

More specifically, the FAA Airport Improvement Program (AlP) provides grants to public agencies 

for the planning and development of public-use airports. 

Here is a synopsis of the grants provided from the Federal Government to McCarran International 

Airport since 2010: 

Year AlP Funds 

2015 $22,407,834 

2014 $26,123,551 

2012 $18,284,944 

2011 $27,324,703 

2010 $15,522,422 

Use 

Rehabilitate Runway - 07U25R, Rehabilitate Taxiway 

Rehabilitate Runway [Phase 1]- 07U25R 

Rehabilitate Taxiway [Taxiways H & E (replace ACC with PCC)] and 

Fire Vehicle Purchases 

Rehabilitate Taxiways and Land Acquisition 

Rehabilitate Apron and Land Acuisi!ion 

Total: $109,663,454 AH Airport Improvement Program Project Funding 2010 ~ 2015 
AlP has been footing a $100,000,000+ bill for runways and other improvements for the past five 

years. The overall total is hundreds of millions of federal tax dollars over decades. All the specific 

information required of an airport when it accepts AlP money can be found online at the AlP 

information website: 

http://www.faa.gov/airportslaip/ 

Depite McCarren being the recipient all this Federal Tax money, here is the final response to us from 

Phillip Detmer of the Las Vegas Airport from October 26th, 2015: 

"Please review the following responses to your questions: 

,. From where can our non-sterile Part 135 airline operate out of McCam:m Airport? As 

mentioned above, scheduled flight service and commercial charter operations must operate 

from the Airport Terminal Complex. Passengers need to be TSA screened from the departing 

city in order to arrive and deplane at the Airport Terminal Complex Gate. 

.. Is it possible to run non-sterile operations from the Termino/1/ocotion? No, the passengers 

need to be TSA screened prior to arriving at the Airport Terminal Complex Gate. 

These are the policy guidelines on how you will be able to operate at McCarran. If you are 

determined to run non-sterile Part 135 scheduled flight operations, then your best option will be to 

utilize the North Las Vegas Airport. Our North Las Vegas Airport is located just minutes from 

downtown Las Vegas and the Strip. It's a convenient and economical alternative to McCarran 

International Airport." 

In Other words, the McCarran Airport is telling us that we may not operate as the type of operation 

that we are at the McCarran airport. If we want to run a different type of operation--a sterile 

operation--then they can and will accommodate us. If we are determined to be a non-sterile 

operation, he suggests we go to a completely different airport, the North las Vegas Airport. 

This is exactly the type of discrimination that airports are prohibited from engaging in after they take 

federal funds to support their ongoing activities as a public airport 

Not only does this go against the spirit of a public institution, but it also goes against the AlP Grant 

Assurances of non-discrimination. They are flat out saying that despite being a scheduled airline 
carrying the public, we should try a different nearby airport No reasoning is given other than it is not 

inline with the existing airport policy. 

I have never met Steve Wynn, but I have stayed in his hotels and I think he has a great business. If 

Steve Wynn would like to fly into McCarren 10 times a day in a non-sterile capacity with 30 of his 

best friends on his jumbo jet he is allowed to do so. This type of private jet non-sterile use of the 

airport is completely allowed and authorized by the airport. Quite frankly, I think that's a perfectly 

good thing to do. If he ever invited me along I would happily join him. 

The highly disconcerting thing is that the airport will not allow Boutique Air to fly even once a day an 

8 passenger plane into the airport if it is a non-sterile operation (all the private jets are non-sterile). 

Wealthy clients could charter Boutique Air and that would be ok, but if you do not have enough 

money to charter and you simply fly on a scheduled Boutique Air flight the airport is saying that this 

is not allowed. 

Why is it that the Dallas Fort Worth airport with 50% more operations and 50% more passengers 

than Las Vegas can handle us flying in non-sterile just fine, but McCarran says that is not allowed? 

The same thing is true for the Sun port International Airport in Albuquerque (ABQ). It is probably 50% 

smaller than McCarran and we operate there without issue. Today we flew three flights between 

Dallas and the mostly Caucasian community of Clovis. Next week we are initialing flights between 

Dallas and the mostly African American population of Greenville, Mississippi as well (also 

non-sterile). What I am hearing though, is that the largely Hispanic community of the Central Valley 

will not be allowed to fly into McCarren via Merced because Boutique Air is not allowed to come in 

non-sterile. While McCarran may not explicitly be intending to reduce access to minorities it seems a 

may be side consequence. Perhaps a second example will help clarify: Boutique Air is in talks with 

the city of Gallup regarding providing scheduled air service. Gallup currently has no TSA nor are 

they going to get it any time soon (probably never according to city officials). The Gallup community 

is very interested in having Boutique Air fly them to a major hub such as McCarren. So when the 

McCarren Airport says to us that Boutique Air is not welcome to fly non-sterile--they are not only 

saying no to Boutique Air but also all the communities and people that want to use our service. 

Gallup in particular is isolated and primarily a Native American population with no air service at all. Is 

that the kind of community to which Las Vegas to say "no you are not welcome to fly here"? Part of 

the idea of being a public Institution is that it is available to all. If McCarran is going to just allow 
wealthy private jets and airlines that operate in communities where the TSA exists, then it is no! 

serving the public--just the part of the public that they feel like serving. 

I have attached all the grant assurances required by all airports receiving AlP funds to this 

communication, but will point out assurance #22A : 

22. Economic Nondiscrimination. 

A It (the receiver offunds) will make the airport available as an airport ±or public use on 

reasonable terms and without unjust discrimination to aU types, kinds and classes of 

aeronautical activities, including commercial aeronautical activities offering services to 

the public at the airport 

The remainder of the economic non-discrimation Grant Assurances can be found in the 

document located here: 

http://www.faa.gov/air:ports/aip/grant assurances/media/airport-sponsor-assurances-aip.pdf 

In researching AlP I wondered how long an airport must follow the AlP rules once it takes AIP 

funds. The answer I found to be interesting: The Grant Assurances are in effect as long as the 

airport continues to be an airport. In other words, once you take AlP funds you must always 

foiiow the AlP rules. McCarran has been taking federal AlP tunds for a long time and will be 

iorever beholden to the tenets of the program. 

For reference I have included the full text of all the correspondence I have had with McCarran airport 

regarding our non-sterile operations being rejected by the airport. Everyone copied is welcome to 

read and distribute as they see fit 

While you, Mz. Rosemary A. Vassiliadis, the McCarren Airport Director, were copied on all the 

correspondence I have had with the airport (with Mr. Phillip Detmer) I do not want to make the 

assumption that you have read and agree with all of his communications regarding the rejection of 

Boutique Air non-sterile operations. I now ask you, Director Vassilladis, to either confirm that the 
Airport will not accept Boutique Air operating non-sterile service at the McCarren airport" If this is the 

case then it will also confirm that no one from Moab Utah, Gallup New Mexico, Silver City New 

Mexico, Clovis New Mexico, Los Alamos New Mexico, or any other city without TSA can ever fly into 

the McCarren airport on Boutique Air or any other airline that must or prefers to operate in a 

non-sterile fashion. 

Finally, I will add that I am well aware thai the Airport has documented policy that rejects Boutique 

Air's operation as a non-sterile commuter airline as it was referred to quite a few times by Mr. Phillip 

Detmer in our latest email exchanges (attached). As such, there is no need to point to the McCarren 

airport policy again and again because we already know it indicates that scheduled service is not 

allowed by the FBOs or the Quail Air Center. The issue here is that your airport policy is 

discriminating against Boutique Air by leaving it no place to conduct operations--discrimination that is 

only being directed toward Boutique Air by McCarren. The real question is, what are you going to do 

about it? The policy is ultimately wrilten and approved by the people who control the airport, which 

is everyone who is copied on this email: The Airport Director and the Clark County Commissioners. 

I look forward to your response. Much hinges on it 

Best, 

Shawn Simpson 

CEO, Boutique Air 
tvk Shawn :>m1pscm 

BUOTlQUE AIR 

5"!8lvlarket Ste 

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lt has been lo our atlenticm that you nn;: co·nd,,cting comtnerual air service at Henderson Executive 

Clark Code that all commercial bmiuesscs fmm any of the Clark Counl:y 

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Please contact [litr!a Hl;.}(1k at 

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attention and (n this tnatter. 

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Scott Kichline 

Chris Jones 

Ht>Ok 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1 Boutique Air 1/28/16, 4:29PM 

Using Henderson Airport for Scheduled Air Service I Boutique Air 

Shawn Simpson <shawn@boutiqueair.com> Wed, Nov 11, 2015 at 3:34 PM 

To: bruced@mccarran.com, operations@boutiqueair.com, McCarran Deputy Director Operations 

<deputydiroperations@mccarran.com>, McCarran Director <Director@mccarran.com> 

Dear Mr. Daugherty, 

McCarran Airport instructed us to use an FBO for our scheduled operations in July. Just two weeks before service 

started (and after we had sold hundreds of tickets) they decided they they had been 'confused' and told us we could 

not operate anywhere at McCarran Airport in a non-sterile capacity. 

They suggested we use other nearby airports. We are quite upset about getting the run around from McCarran, and 

many of our passengers are downright furious. This is not how federally funded airports are supposed to behave. 

It has come to my attention that you feel we need an operating permit from a Clark County entity. Since all of our 

communications are needing to be documented for the record at this point in light of our treatment and resulting 

damage to our brand and customers' experience, I am asking that you put in writing to us the document that you 

belive we need to operate in this sub-par manner (i.e. continuing to fly in and out of Henderson Airport). 

I want to make it clear that we are in no way wanting to operate in and out of Henderson, but are doing so to get our 

passengers to Las Vegas. We are committed to doing the right thing for the flying public that we serve. 

I will finally add that in the McCarran airline start up document which was provided to us by McCarran, it specifically 

states that an operating permit is optional and is not required. 

Please let us know how you would like to proceed as we do our best to deal with this unfortunate situation. 

Best, 

Shawn Simpson 

CEO 

Boutique Air 

Shawn Simpson <shawn@boutiqueair.com> Mon, Nov 16, 2015 at 5:00PM 

To: bruced@mccarran.com, "operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Deputy Director 

Operations <deputydiroperations@mccarran.com>, McCarran Director <Director@mccarran.com>, Phillip Detmer 

<phillipd@mccarran.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, 

dot@boutiqueair.com, anthony.garcia@faa.gov, mike.n.williams@faa.gov, dennisa@mccarran.com, 

benedictcz@mccarran.com, maryfrancesa@mccarran.com, michaelb@mccarran.com, scottk@mccarran.com, 

ChrisJo@mccarran.com 

Dear Mr. Detmer: 

Today I received the attached letter from you dated November 9th. 

Thank you for your communication. 

From our previous communications and conversations in June and July 

you are aware that we are operating scheduled service and have sold 

hundreds of tickets to fly passengers into McCarran under the assumption 

https://mail.google.comjmai l/u/O/?ui=2&ik= 0 3c2fb80af&view= pt&q=de ... im 1=151 b0b88ff6fdcd e&si m 1=151 b0be5fa5e4 fd7 &sim 1=151 b0f44a3d25dfb Page 1 of 8 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service I Boutique Air 

that we would be using Atlantic Flight support (per the recommendation 

of McCarran). 

I will say again, we are simply interested in operating from Atlantic Aviation 

in a non-sterile capacity as we do from DFW, ABQ and OAK, among other 

airports. Since the McCarran Airport has communicated that this type of 

operation is not possible at McCarran we have been forced to fly our 

passengers to other nearby airports at the recommendation of McCarran 

Airport itself. 

Your letter asks that we contact Darla Hook regarding an Operating Permit. 

Dear Mz. Hook: 

As mentioned above, Phillip Detmer recommended we use alternate airports 

if we were going to come into the Vegas area non-sterile. We are doing this 

out of necessity due to the last minute decision change on the part of McCarran 

to allow us to use Atlantic. 

Please consider this a request for an operating permit to use Henderson Airport 

for our operations given the fact that we have been rejected from McCarran 

for non-sterile operations. 

If the McCarran Airport is instructing us to cease all aviation activities in 

Clark County please do communicate this to me immediately. I can be reached 

at this email address: shawn@boutiqueair.com and at 650-269-8850. We will 

need to communicate this to our passengers. 

I do want to be clear that operating out of Henderson or any airport other than 

McCarran is not something we are doing by choice. We are already taking hits 

economically as a result of going unexpectedly needing to go into Henderson. 

We are doing this for our passengers. 

Best Regards, 

Shawn 

p.s. If McCarran Airport has any communications that are even remotely time 

sensitive such as the paper letter that you sent to my attention, I am requesting 

that you also email them to operations@boutiqueair.com so that we can 

communicate in a more efficient manner. 

[Quoted text hidden] 

Shawn Simpson 

CEO 

Boutique Air 

548 Market Street ste 73298 

San Francisco, 

CA94104 

office: 415.449.0505 x243 

fax: 415.738.7671 

1/28/16, 4:29PM 

https:jjma il.google.comjmail{u/0 /?ui=2&ik=03c2fb80af&view= pt&q=de ... iml=151 b0b88ff6fdcde&siml=151 b0be5fa5e4 fd7&siml=151 b0f44a3d25dfb Page 2 of 8 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1 Boutique Air 

email: shawn@boutiqueair.com 

~ mccaran_to_BA_Ietter_nov_9th.pdf 

294K 

1/28/16, 4:29PM 

Phillip Detmer <PhillipD@mccarran.com> Wed, Nov 18, 2015 at 3:25PM 

To: Shawn Simpson <shawn@boutiqueair.com>, Bruce Daugherty <BruceD@mccarran.com>, 

"operations@boutiqueair.com" <operations@boutiqueair.com>, McCarran Deputy Director Operations 

<deputydiroperations@mccarran.com>, McCarran Director <director@mccarran.com>, Darla Hook 

<DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" 

<dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, "mike.n.williams@faa.gov" 

<mike.n.williams@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski <bencz@mccarran.com>, 

Mary Frances Alonzo <maryfrancesa@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline 

<ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com> 

Mr. Simpson, 

Thank you for your email. We are reviewing our Airport Operating Directives and policies to ensure that we are 

treating Boutique Air eqnitably. Because of the forthcoming holiday, it may take us a week or two to complete 

this review and we will be back in touch promptly. 

Regards, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box ll005,Las Vegas, NV 89111-1005 

Office: (702) 261-4224 I Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Monday, November 16, 2015 5:00 PM 

To: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Phillip 

Detmer; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; 

mike.n.williams@faa.gov; Dennis Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline; 

https:/fmail.google.com/ma il/u/0 /?ui=2&ik=03c2fb80af&view= pt&q=d ... i ml=151 b0b88ff6fdcde&si ml =151 b0be5fa5e4 fd7 &simi =151 b0f44a3d25dfb Page 3 of 8 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1 Boutique Air 1/28/16, 4:29PM 

Chris Jones 

Subject: Re: Using Henderson Airport for Scheduled Air Service I Boutique Air 

[Quoted text hidden] 

Shawn Simpson <shawn@boutiqueair.com> Thu, Nov 19, 2015 at 9:46AM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Bruce Daugherty <BruceD@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, 

McCarran Deputy Director Operations <deputydiroperations@mccarran.com>, McCarran Director 

<director@mccarran.com>, Darla Hook <DarlaH@mccarran.com>, "legal@boutiqueair.com" <legal@boutiqueair.com>, 

"dot@boutiqueair.com" <dot@boutiqueair.com>, "anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, 

"mike.n.williams@faa.gov" <mike.n.williams@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Mary Frances Alonzo <maryfrancesa@mccarran.com>, Michael Bennett 

<MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris Jones <chrisjo@mccarran.com> 

Mr. Detmer, 

Thank you for the update. We certainly appreciate your consideration. 

Indeed, the Thanksgiving holiday does tend to slow everything down. 

We look forward to hearing ideas when you are ready to share. 

Best Regards, 

Shawn 

[Quoted text hidden] 

Shawn Simpson 

CEO 

[Quoted text hidden] 

office: 415.449.0505 x6001 

fax: 415.738.7671 

email: shawn@boutiqueair.com 

Phillip Detmer <PhillipD@mccarran.com> Fri, Dec 11, 2015 at 3:44PM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, 

"legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, 

"anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris 

Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> 

Hello Mr. Simpson, 

[hope your Thanksgiving holiday was good. We wanted to circle back around with you and provide an update 

on our review of the Airport Operating Directives and policies. Do you have time next week to meet or have a 

conference call with us? 

Thank you, 

https:jfmail.google.com/mail/u/O/?ui=2&ik=:03c2fb80af&view=pt&q=d ... iml=151b0b88ff6fdcde&siml=151b0be5fa5e4fd7&siml=151b0f44a3d25dfb Page 4 of 8 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1 Boutique Air 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005,Las Vegas,NV 89111-1005 

Office: (702) 261-4224 I Cell: (702) 401-6888 I Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Thursday, November 19, 2015 9:46AM 

To: Phillip Detmer 

1/28/16, 4:29PM 

Cc: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Darla 

Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; mike.n.williams@faa.gov; Dennis 

Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline; Chris Jones 

[Quoted text hidden) 

[Quoted text hidden] 

Shawn Simpson <shawn@boutiqueair.com> Mon, Dec 14, 2015 at 1 :30 PM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, 

"legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, 

"anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris 

Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> 

Dear Mr. Detmer, 

Thank you for writing and I hope you are enjoying the holiday season. 

We would appreciate the opportunity to discuss how the review of your 

policy has been going. 

Probably it would be the easiest and soonest to start with a conference call, 

and perhaps we could meet at the airport at a subsequent time. 

Here are a few times that work for us: 

Tomorrow, Tuesday the 14th at 9:30am or 2pm PST 

Wednesday, the 15th at 1 pm or 3:30pm PST 

Thursday at 1 Dam PST 

Please let us know which time works for you. If none are good 

please let us know some times that are. 

https://mail.google.com/mail/u/O/?ui=2&ik=03c2fb80af&view"'pt&q=d ... iml=151bOb88ff6fdcde&siml=151b0be5fa5e4fd7&siml=151bOf44a3d25dfb Page 5 of 8 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1 Boutique Air 1/28/16, 4:29 PM 

Thank you. 

Best, 

Shawn 

[Quoted text hidden] 

Phillip Detmer <PhillipD@mccarran.com> Mon, Dec 14, 2015 at 4:26PM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, 

"legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, 

"anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris 

Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> 

Mr. Simpson, 

I checked the calendar and it looks like Thursday, December 17th at 10:00 AM (PST) will work best for us. l can 

set up a conference call-in line and send yon the appointment information. 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Monday, December 14, 2015 1:30PM 

To: Phillip Detmer 

Cc: operations@boutiqueair.com; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; 

anthony.garcia@faa.gov; Dennis Anderson; Ben Czyzewski; Michael Bennett; Scott Kichline; Chris Jones; James 

https:jjmai l.goog le.comjma il/u/0 j?ui=2&ik=D3c2fb80af&view= pt&q=d ... iml =151 b0b88ff6fdcde&si m I =151 b0be5fa5e4 fd7&siml =151 b0f44a3d 25dfb Page6of8 
Boutique Air Mail - Using Henderson Airport for Scheduled Air Service 1 Boutique Air 1/28{16, 4:29 PM 

Chrisley 

[Quoted text hidden] 

[Quoted text hldden] 

Shawn Simpson <shawn@boutiqueair.com> Mon, Dec 14, 2015 at 4:50PM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: "operations@boutiqueair.com" <operations@boutiqueair.com>, Darla Hook <DarlaH@mccarran.com>, 

"legal@boutiqueair.com" <legal@boutiqueair.com>, "dot@boutiqueair.com" <dot@boutiqueair.com>, 

"anthony.garcia@faa.gov" <anthony.garcia@faa.gov>, Dennis Anderson <DennisA@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, Scott Kichline <ScottK@mccarran.com>, Chris 

Jones <chrisjo@mccarran.com>, James Chrisley <jamesc@mccarran.com> 

Mr. Detmer, 

That sounds good-:we will plan on that time in that case. 

I did receive the conference call information so we'll look 

forward to speaking with you then. 

Best, 

Shawn 

[Quoted text hidden] 

Phillip Detmer <PhillipD@mccarran.com> Thu, Dec 17, 2015 at 8:14AM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com> 

Good morning Mr. Simpson, 

Please see attached, for discussion, during our conference call at 10:00 AM. We will go over the different 

options and explain them for you. 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box llOOS,LasVegas,NV 89111-1005 

Oftkc: (702) 261-4224 I Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@'mccarran.com l W\\'W.mccarran.com 

https:{{mail.google.com{mail{u/0 f?ui=2&ik=03c2fb8 Oaf&view=pt&q=de ... iml =151 b0b88ff6fdcde&siml=151 b0be5fa5e4 fd7&siml=151 bOf44a3d25dfb Page 7 of 8 
Boutique Air Mail- Using Henderson Airport for Scheduled Air Service 1 Boutique Air 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Monday, December 14, 2015 4:50PM 

[Quoted text hidden] 

[Quoted text hidden] 

~ LAS Ops Directive Update -Operational Policy and Procedure.pdf 

479K 

Shawn Simpson <shawn@boutiqueair.com> 

To: operations@boutiqueair.com 

[Quoted text hidden] 

~ LAS Ops Directive Update -Operational Policy and Procedure. pdf 

479K 

1/28/16, 4:29PM 

Thu, Dec 17, 2015 at 8:20AM 

Shawn Simpson <shawn@boutiqueair.com> Thu, Dec 17,2015 at 9:19AM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com> 

Good Morning Mr. Detmer, 

Thank you for sending along this document. 

We look forward to discussing. 

Best, 

Shawn 

[Quoted text hidden] 

https ://mail.google.com/ma il/u/0 /?ui=2&ik=03c2fb80af&view=pt&q=d ... i m 1=151 b0b88ff6fdcde&siml =151 b0be5fa5e4 fd7&siml=151 b0f44a3d25dfb Page 8 of 8 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

RE: Boutique Air- LAS Operational Policy and Procedures 

Phillip Detmer <PhillipD@mccarran.com> Wed, Jan 6, 2016 at 2:47PM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com> 

Good afternoon Mr. Simpson, 

I hope you had a nice holiday and New Year. I didn't have an opportunity before the holidays, to gather the 

additional iHformation we discussed in our conference call. 

During our conference call on December 171

h we outlined the different options for Boutique Air, which included 

I) a sterile operation from the Airport terminal bnilding and utilizing a County gate: 2) a non-sterile option at an 

off-gate location, with transportation required for the passengers to and from the aircraft through non-sterile 

areas of the Airpmi; and 3) operation from one of the General Aviation Airpmis (Henderson or North Las 

Vegas). You had questions about the different options and requested the following additional information: 

Signatory Airline Criteria- Please see attached. 

Current FY 16 Rates and Charges Worksheet- Please see attached. 

Estimated monthly cost breakdown for each option (see attached). 

Additional Detailed Maps of Terminal I and Terminal 3 (see attached). 

Operating Directive for Vehicle Operations (see attached). 

Please review the attached information and let me know if yon have any questions or require additional 

information. Also, we would be happy to schedule a physical walk-through of the different options at your 

convenience. Please let me know a date/time that works best for you. 

Thank you, 

https:/{mail.google.comjmail/u/0/?ui=2&ik=03c2fb80af&view=:pt&q= ... ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 1 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005,Las Vegas, NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Thursday, December 17, 2015 9:20AM 

To: Phillip Detmer 

Cc: Scott Kichline; James Chrisley; Ben Czyzewski; Dennis Anderson; Michael Bennett; Chris Jones; 

operations@boutiqueair.com 

Subject: Re: Using Henderson Airport for Scheduled Air Service f Boutique Air 

Good Morning Mr. Detmer, 

Thank you for sending along this document. 

We look forward to discussing. 

Best, 

Shawn 

On Thu, Dec 17, 2015 at 8:14AM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

Good morning Mr. Simpson, 

Please see attached, for discussion, during our conference call at 10:00 AM. We will go over the different 

options and explain them for you. 

Thank you, 

https://ma il.google.com{mail/u/0 /?ui=2&ik=03c2fb80af&view= pt&q= ... ml=1526b603 045f0f4a&siml =1527 8 20633a 3f1 04&sim l=1527ffba988 978ea Page 2 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box ll005,Las Vegas, NV 89111-!005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I W\VVv.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Monday, December 14, 2015 4:50PM 

To: Phillip Detmer 

1/28/16, 4:32 PM 

Cc: operations@boutiqueair.com; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; 

anthony.garcia@faa.gov; Dennis Anderson; Ben Czyzewski; Michael Bennett; Scott Kichline; Chris Jones; James 

Chrisley 

Subject: Re: Using Henderson Airport for Scheduled Air Service I Boutique Air 

Mr. Detmer, 

That sounds good--we will plan on that time in that case. 

l did receive the conference call information so we'll look 

forward to speaking with you then. 

Best, 

Shawn 

On Man, Dec 14, 2015 at 4:26PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

Mr. Simpson, 

I checked the calendar and it looks like Thursday, December 17111 at IO:OO AM (PST) will work best for us. l can 

set up a conference call-in line and send you the appointment information. 

Thank you, 

https://mail.google.comjmail/u/O/?ui=2&ik=03c2fb80af&view=pt&q= ... ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 3 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com 1 \VWW.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Monday, December 14, 2015 1:30PM 

To: Phillip Detmer 

1/28/16, 4:32PM 

Cc: operations@boutiqueair.com; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; 

Dennis Anderson; Ben Czyzewski; Michael Bennett; Scott Kichline; Chris Jones; James Chrisley 

Subject: Re·: Using Henderson Airport for Scheduled Air Service I Boutique Air 

Dear Mr. Detmer, 

Thank you for writing and I hope you are enjoying the holiday season. 

We would appreciate the opportunity to discuss how the review of your 

policy has been going. 

Probably it would be the easiest and soonest to start with a conference call, 

and perhaps we could meet at the airport at a subsequent time. 

Here are a few times that work for us: 

Tomorrow, Tuesday the 14th at 9:30am or 2pm PST 

Wednesday, the 15th at 1 pm or 3:30pm PST 

Thursday at 1 Dam PST. 

Please let us know which time works for you. If none are good 

please let us know some times that are. 

Thank you. 

https:{jmail.google.com{mail/u/O/?ui==2&ik=D3c2fb8Daf&view==pt&q== ... ml"'1526b603045f0f4a&siml"'1527820633a3f104&siml=1527ffba988978ea Page 4 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1{28/16, 4:32PM 

Best, 

Shawn 

On Fri, Dec 11,2015 at 3:44PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

Hello Mr. Simpson, 

l hope your.Thanksgiving holiday was good. We wanted to circle back around with you and provide an update 

on our review of the Airport Operating Directives and policies. Do you have time next week to meet or have a 

conference call with us? 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.corn l W\Vw.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Thursday, November 19, 2015 9:46AM 

To: Phillip Detmer 

Cc: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Darla 

Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; mike.n.williams@faa.gov; Dennis 

Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline; Chris Jones 

Subject: Re: Using Henderson Airport for Scheduled Air Service I Boutique Air 

https:/{mail.google.com;mail/u/D/?ui=2&ik=D3c2fb8Daf&view=pt&q= ... ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 5 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 

Mr. Detmer, 

Thank you for the update. We certainly appreciate your consideration. 

Indeed, the Thanksgiving holiday does tend to slow everything down. 

We look forward to hearing ideas when you are ready to share. 

Best Regards, 

Shawn 

On Wed, Nov 18,2015 at 3:25PM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

Mr. Simpson, 

1/28/16,4:32 PM 

Thank you for your email. We are reviewing our Airport Operating Directives and policies to ensure that we are 

treating Boutique Air equitably. Because of the forthcoming holiday, it may take us a week or two to complete 

this review and we will be back in touch promptly. 

Regards, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran lntemational Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-4224 I Cell: (702) 40 l-6888 I Fax: (702) 26!-5050 

phillipd<!lmccarran.com I www.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Monday, November 16, 2015 5:00PM 

To: Bruce Daugherty; operations@boutiqueair.com; McCarran Deputy Director Operations; McCarran Director; Phillip 

Detmer; Darla Hook; legal@boutiqueair.com; dot@boutiqueair.com; anthony.garcia@faa.gov; 

rnike.n.williams@faa.gov; Dennis Anderson; Ben Czyzewski; Mary Frances Alonzo; Michael Bennett; Scott Kichline; 

https:jjmail.google.comjma il/u/O/?ui"'2&ik=03c2fb80af&view= pt&q= ... ml=1526b603045f0f4a&s im I =1527820633a3f1 04&siml=1527ffba988978ea Page 6 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 

Chris Jones 

Subject: Re: Using Henderson Airport for Scheduled Air Service I Boutique Air 

Dear Mr. Detmer: 

Today I received the attached letter from you dated November 9th. 

Thank you for your communication. 

From our previous communications and conversations in June and July 

you are aware that we are operating scheduled service and have sold 

hundreds of tickets to fly passengers into McCarran under the assumption 

that we would be using Atlantic Flight support (per the recommendation 

of McCarran). 

I will say again, we are simply interested in operating from Atlantic Aviation 

in a non-sterile capacity as we do from DFW, ABQ and OAK, among other 

airports. Since the McCarran Airport has communicated that this type of 

operation is not possible at McCarran we have been forced to fly our 

passengers to other nearby airports at the recommendation of McCarran 

Airport itself. 

Your letter asks that we contact Darla Hook regarding an Operating Permit. 

Dear Mz. Hook: 

As mentioned above, Phillip Detmer recommended we use alternate airports 

if we were going to come into the Vegas area non-sterile. We are doing this 

out of necessity due to the last minute decision change on the part of McCarran 

to allow us to use Atlantic. 

Please consider this a request for an operating permit to use Henderson Airport 

for our operations given the fact that we have been rejected from McCarran 

for non-sterile operations. 

If the McCarran Airport is instructing us to cease all aviation activities in 

Clark County please do communicate this to me immediately. I can be reached 

at this email address: shawn@boutiqueair.com and at 650-269-8850. We will 

need to communicate this to our passengers. 

I do want to be clear that operating out of Henderson or any airport other than 

McCarran is not something we are doing by choice. We are already taking hits 

economically as a result of going unexpectedly needing to go into Henderson. 

We are doing this for our passengers. 

Best Regards, 

https://mail.goog\e.ct>m{mail/u/0 /?ui= 2&ik=O 3c2fb80af&view= pt&q= ... ml =1526b603045f0f4a&s iml=15278 206 33a3f1 04&si m 1=152 7ffba988978ea 

1/28/16,4:32 PM 

Page 7 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

Shawn 

p.s. If McCarran Airport has any communications that are even remotely lime 

sensitive such as the paper letter that you sent to my attention, I am requesting 

that you also email them to operations@boutiqueair.com so that we can 

communicate in a more efficient manner. 

On Wed, Nov 11, 2015 at 3:34PM, Shawn Simpson <shawn@boutiqueair.com> wrote: 

Dear Mr. Daugherty, 

McCarran Airport instructed us to use an FBO for our scheduled operations in July. Just two weeks before service 

started (and after we had sold hundreds of tickets) they decided they they had been 'confused' and told us we could 

not operate anywhere at McCarran Airport in a non-sterile capacity. 

They suggested we use other nearby airports. We are quite upset about getting the run around from McCarran, and 

many of our passengers are downright furious. This is not how federally funded airports are supposed to behave. 

It has come to my attention that you feel we need an operating permit from a Clark County entity. Since all of our 

communications are needing to be documented for the record at this point in light of our treatment and resulting 

damage to our brand and customers' experience, I am asking that you put in writing to us the document that you 

belive we need to operate in this sub-par manner (i.e. continuing to fly in and out of Henderson Airport). 

I want to make it clear that we are in no way wanting to operate in and out of Henderson, but are doing so to get our 

passengers to Las Vegas. We are committed to doing the right thing for the flying public that we serve. 

I will finally add that in the McCarran airline start up document which was provided to us by McCarran, it specifically 

states that an operating permit is optional and is not required. 

Please let us know how you would like to proceed as we do our best to deal with this unfortunate situation. 

Best, 

Shawn Simpson 

CEO 

Boutique Air 

Shawn Simpson 

CEO 

Boutique Air 

548 Market Street ste 73298 

https://mail.google.comtma il/u/0 /?ui=2&ik=03c2fb80af&view=pt&q= ... ml=1526b603045f0f4a&siml=152782063 3a 3f1 04&sim 1=1527ffba 988978ea Page 8 of 18 
Boutique Air Mail~ RE: Boutique Air- LAS Operational Policy and Procedures 

San Francisco, 

CA 94104 

office: 415.449.0505 x243 

fax: 415.738.7671 

email: shawn@boutiqueair.com 

Shawn Simpson 

CEO 

Boutique Air 

548 Market Street ste 73298 

San Francisco, 

CA94104 

office: 415.449.0505 x6001 

fax: 415.738.7671 

email: shawn@boutiqueair.com 

Shawn Simpson 

CEO 

Boutique Air 

548 Market Street ste 73298 

San Francisco, 

CA 94104 

office: 415.449.0505 x6001 

fax: 415.738.7671 

email: shawn@boutiqueair.com 

Shawn Simpson 

CEO 

https://mail.google.comtmail/u/0/?ui=2&ik=03c2fb80af&view=pt&q= ... ml=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea 

1/28/16,4:32 PM 

Page 9 of 18 
Boutique Air Mail - R£: Boutique Air- LAS Operational Policy and Procedures 

Boutique Air 

548 Market Street ste 73298 

San Francisco, 

CA 94104 

office: 415.449.0505 x6001 

fax: 415.738.7671 

email: shawn@boutiqueair.com 

Shawn Simpson 

CEO 

Boutique Air 

548 Market Street ste 73298 

San Francisco, 

CA94104 

office: 415.449.0505 x6001 

fax: 415.738.7671 

email: shawn@boutiqueair.com 

4 attachments 

~ Revised Signatory Criteria - Final - 11-22-11_1.pdf 

113K 

~ FINAL RATE SHEET FY16 Rates and Charges- Eff 7-1-15.pdf 

41K 

~ LAS Ops Directive Update- Operational Policy and Procedure (updated 1-6-16).pdf 

1414K 

~ Airside Operating Directive 01-1-R003- Vehicle and Ground Support Equipment Operations. pdf 

126K 

1/28/16, 4:32PM 

Phillip Detmer <PhillipD@mccarran.com> Tue, Jan 12, 2016 at 9:23AM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com> 

https:/ {mail.google.comjmail/u/0 f?ui=2&ik= 03c2fb80af&view= pt&q= ... 1=1526b603045f0f4a&siml=15 27820633a3f1 04&siml=1527ffba98 8978ea Page 10 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

Good morning Mr. Simpson, 

I wanted follow up ou the email and information I sent you last week and see if you had any questions. We 

would like to reach an agreement with Boutique Air on one of the options we outlined. Can you provide your 

decision on.which option Boutique Air will chose to operate by Friday, January 15, 2016? 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005, Las Vegas, NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

From: Phillip Detmer 

Sent: Wednesday, January 06, 2016 2:47 PM 

To: 'Shawn Simpson' 

Cc: Scott Kichline; James Chrisley; Ben Czyzewski; Dennis Anderson; Michael Bennett; Chris Jones; 

operations@boutiqueair.com 

Subject: RE: Boutique Air · lAS Operational Policy and Procedures 

[Quoted text hidden] 

4 attachments 

~ Revised Signatory Criteria- Final-11-22-11_1.pdf 

113K 

~ FINAL RATE SHEET FY16 Rates and Charges- Eff 7-1-15.pdf 

41K 

~ LAS Ops Directive Update- Operational Policy and Procedure (updated 1-G .... pdf 

1414K 

https://mail.google.comjmail/u/0/?ui=2&ik=03c2fb80af&view=pt&q= ... l=1526b603045f0f4a&siml=1527820633a3f104&siml"'1527ffba988978ea Page 11 of 18 
Boutique Air Mail - RE: Boutique Air- LAS Operational Policy and Procedures 

f8 Airs ide Operating Directive 01-1-R003- Vehicle and Ground Support Equip .... pdf 

126K 

1/28/16, 4:32PM 

Shawn Simpson <shawn@boutiqueair.com> Thu, Jan 14, 2016 at 7:27PM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com> 

Dear Mr. Detmer, 

Thank you for providing further clarification on the options that we discussed on our conference call. 

It would indeed be extremely helpful to see with our own eyes the spaces and pathways that would 

be used by passengers and vehicles with the options that you are presenting at McCarran. 

Our primary interest remains the non-sterile option. 

Would it be possible for us to tour with you in the late morning or early afternoon of Monday January 18th or Tuesday 

January 19th? 

Best Regards, 

Shawn 

IQuoted text hidden] 

Phillip Detmer <PhillipD@mccarran.com> Fri, Jan 15, 2016 at 11:22 AM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Mary Frances 

Alonzo <maryfrancesa@mccarran.com> 

Good morning Mt;. Simpson, 

Thank you for your email. Monday happens to be a holiday for us, so our offices are closed. Tuesday, January 

19th works though. I can prepare and send an appointment for Tuesday, January 19th at II :00 AM. 

Let me know how many people in your group will be attending and I can secure the visitor badges and vehicle 

for the tour. We can meet at our offices in Terminal 1, 5111 Floor Business and Development, if that is okay. 

Regards, 

Phillip A. Detmer 

Aviation Affairs Manager 

https://mail.goog le.com/mail/u/0 /?ui=2&ik= 03c2fb80af&view= pt&q= ... 1=1526 b6 03045f0f4a&sim 1=1527820633a3f1 04&siml=1527ffba98897 Sea Page 12 of 18 
Boutique Air Mail - RE: Boutique Air- LAS Operational Policy and Procedures 

McCarran International Airport 

P.O. Box ll005, Las Vegas, NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Thursday, January 14, 2016 7:27PM 

To: Phillip Detmer 

Cc: Scott Kichline; James Chrisley; Ben Czyzewski; Dennis Anderson; Michael Bennett; Chris Jones; 

operations@boutiqueair.com 

Subject: Re: Boutique Air - LAS Operational Policy and Procedures 

jOuoted text hidden] 

1/28/16, 4:32PM 

Shawn Simpson <shawn@boutiqueair.com> Fri, Jan 15,2016 at 12:05 PM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Scott Kichline <ScottK@mccarran.com>, James Chrisley <jamesc@mccarran.com>, Ben Czyzewski 

<bencz@mccarran.com>, Dennis Anderson <DennisA@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, 

Chris Jones <chrisjo@mccarran.com>, "operations@boutiqueair.com" <operations@boutiqueair.com>, Mary Frances 

Alonzo <maryfrancesa@mccarran.com> 

Good Afternoon Mr. Detmer, 

Sounds good. We will look forward to meeting you at Terminal1, 5th Floor. 

There will be a total of four of us from Boutique Air. 

Thank you and have a good weekend. 

Best, 

Shawn 

[Quoted text hidden] 

Shawn Simpson <shawn@boutiqueair.com> Tue, Jan 19, 2016 at 6:50PM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley 

<jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" 

<operations@boutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> 

Phillip, 

Thank you very much for the tour today. It was extremely helpful to me and my staff. 

I believe the non-sterile option we reviewed today would work. We can certainly try it. The only thing holding us back 

(as mentioned) is the disproportionate fees which substantially penalize a small aircraft such as ours. 

https://mail.google.comjmail/u/O/?ui=2&ik=03c2fb80af&view=pt&q= ... l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 13 of 18 
Boutique Air Mail - RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

Given that our brand (and customers) continue to be distressed by the current situation, we would very much like to 

get it resolved in within a few days. 

Please do let us know what can be done. We can certainly appeal to the FAA if you feel there is nothing that can be 

done. 

Thanks again, 

Shawn 

[Quoted text hidden] 

Phillip Detmer <PhillipD@mccarran.com> Fri. Jan 22, 2016 at 2:06 PM 

To: Shawn Simpson <shawn@boutiqueair.com> 

Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley 

<jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" 

<operations@poutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> 

Good afternoon Shawn, 

Thank you again for visiting this week and taking a tour of the Airport. If the non-sterile option is the path you 

want to go, then we are happy to help get you started. When operating from McCarran International Airport, 

Airlines have the option to sign an operating permit with the Department of Aviation (DOA) or operate under the 

Clark County Code (Title 20 Airports). 

If your company chooses to operate under Title 20, then you will first need to contact one of the approved 

ground handlers to act as your agent. The ground handler should be knowledgeable about the processes and 

procedures in place and will assist with your start-up. Swissport USA is a good option for service providers at 

Terminal 3. A list of all the approved service providers is also available at the following link: 

https://www.mccarran.com/doingbusiness/aviation.aspx 

Badging for anyone that will be working at the Airport will need to be sponsored by the ground handling 

company you choose and any vehicle you own and wish to operate at the Airport will need a SIDA access decal 

(see attached information), when operating on the AOA. I think a start date will depend on when yon can select 

a ground handler. 

There is nothing that can be done about the current rates and fees, as these rates have already been reviewed and 

approved by the Airline Airport Affairs Committee (AAAC) and our Clark County Board of Commissioners. 

All Airlines operating at McCarran are required to pay the current rates and fees listed under Title 20 of the 

Clark County Code. The next AAAC meeting will be held sometime in April/May, but any changes to the rates 

will not be effective until July 1, 2016. So, you will need to decide if this will be an issue for your start-up at 

LAS. 

You have previously stated that your current operation from the Henderson Executive Airport is not an ideal 

https:f/mail.goog_le.com/mail/u/O/?ui=2&ik=03c2fb80af&view=pt&q= ... l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 14 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28{16, 4:32PM 

situation and we agree. The terminal building at Henderson Executive Airport is not really set-up or meaut to 

handle your type of commuter operation, especially since Boutique Air does not lease any space. If Boutique 

Air is going to coutinue to operate at the Henderson Executive Airport, then we are going to need Boutique Air 

to lease sufficient space for its commuter operation. Sufficient space means: 

Adequate covered seating and shelter for passengers, employees, and crew; 

Readily accessible restroom facilities, for use by passengers and crew prior to boarding and after deplaning, 

and for use by employees during working hours; 

Adequate hangar space for use by the commuter operator's aircraft; 

Adequate office space for use by the commuter operator in processing and ticketing passengers and luggage, 

and maintaining records; and 

Any other physical space requirement set forth by the Director as necessary for the safe and efficient 

operation of the Airport. 

Please review the options again aud let us know what direction you wish to take. We will assist you with any of 

the option choices. ff you need information on available hangar/office space at Henderson Executive Airport, we 

can put you in touch with the proper people. Can you let us know before the end of next week? 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005,LasVegas,NV 89!11-1005 

Office: (702) 261-4224 I Cell: (702) 401-68881 Fax: (702) 261-5050 

phil!ipd@;mccarran.clm1! \V\\'W.rnccarran,com 

From: Shawn Simpson [mailto:shawn@boutiqueair.com] 

Sent: Tuesday, January 19, 2016 6:50PM 

To: Phillip Detmer 

https:{/mail.google.com/mail/u/0/?ui=2&ik=03c2fb80af&view=pt&q= ... l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 15 of 18 
Boutique Air Mail- RE: Boutique Air- LAS Operational Policy and Procedures 1/28/16, 4:32PM 

Cc: Ben Czyzewski; Chris Jones; James Chrisley; Michael Bennett; operations@boutiqueair.com; Dennis Anderson; 

Scott Kichline 

[Quoted text hidden] 

[Quoted text hidden] 

3 attachments 

~ Airside Operating Directive 01-1-R003- Vehicle and Ground Support Equip .... pdf 

126K 

~ FINAL RATE SHEET FY16 Rates and Charges- Eff 7-1-15.pdf 

41K . 

~ LAS Ops Directive Update- Operational Policy and Procedure (updated 1-G .... pdf 

1414K 

Shawn Simpson <shawn@boutiqueair.com> Mon, Jan 25, 2016 at 1 :32 AM 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, James Chrisley 

<jamesc@mccarran.com>, Michael Bennett <MichaeiB@mccarran.com>, "operations@boutiqueair.com" 

<operations@boutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott Kichline <ScottK@mccarran.com> 

Phil, 

Ok--thanks for the info. All very helpful to know. 

So as much as we would like to be able to start operations, paying the same turn fee as a 737 simply 

does not work economically. 

While it would be nice if we could wait several months to see how the meetings go, our brand 

is experiencing real damage, as is our operation. Our passengers are suffering from this situation. 

We simply can not wait. 

I have a few-suggestions: 

1) allow us to operate from the FBO until the proportionate pricing matter can be resolved 

2) have an emergency meeting to come up with proportionate pricing 

3) waive the turn fees for us as a one time anomaly given the size of our aircraft and 

in recognition that it is simply not fair to charge us the same fee as a 737. 

Our aircraft has 8 seats for passengers, versus 169-189 passengers for a modern 737. 

This is between 21 and 23.6 times more expensive for us than competitors per seat. 

As I know you have already discussed this internally and there has been no progress 

made on the subject, I'll go ahead and discuss with the FAA to see what they have to say. 

Like I said, I wish we could hang out and wait, but this situation has already gone on 

much much longer than we would have liked and we can not afford the ongoing 

strains it is putting on our small operation. 

If you believe that you might be able to swing any of the above suggestions I made 

please do let us know. 

Best, 

Shawn 

https://mail.google.comjmail/u/0/?ui=2&ik=03c2fb80af&view=pt&q= ... l=1526b603045f0f4a&siml=1527820633a3f104&siml=1527ffba988978ea Page 16 of 18 
On Tne, Feb 2, 2016 at 11:31 AM, Phillip Detmer <PhillipD@mccarran.com> wrote: 

Hello Shawn, 

I appreciate your desire to come to a resolution. We want to work with you and we are hoping to 

reach a mutual agreement with Boutique Air to operate at Las Vegas through one of the options 

we provided. Unfortunately, we are not able to resolve your concerns with the existing pricing to 

operate at McCarran Airport. These are the rates that have been reviewed and approved by the 

Airline-Airport Affairs Committee (AAAC) and our Clark County Board of Commissioners. 

These rates are posted in Title 20 of the Clark County Code. All airlines that operate at 

McCarran currently pay these same rates, even the other small aircraft that have operated here in 

the past. 

We can allow you to continue to operate from one of the General Aviation Airports (Henderson 

Executive Airport or North Las Vegas Airport). However, Boutique Air will need to lease 

sufficient space for your operation, which means adequate hangar and office space, to process 

and ticket passengers and adequate facilities (seating, shelter, restrooms, etc.) for your 

passengers and employees. To date, Boutique Air has not been leasing any space in the HND 

terminal building, which is not set-up to handle your type of operation and is having an impact 

on the current facility and staff. 

In order to address your proportionate pricing concerns, you will have to discuss that with the 

AAAC members at their next meeting in April2016. I would be happy to send you the 

information on the AAAC meeting, once a date has been finalized. 

It's not the answer you wanted regarding the pricing, but we were able to provide you with 

options for operating sterile or non-sterile. Please review the options again and let us know 

which option you choose to operate. 

Thank you, 

Phillip A. Detmer 

Aviation Affairs Manager 

McCarran International Airport 

P.O. Box 11005,LasVegas,NV 89111-1005 

Office: (702) 261-42241 Cell: (702) 401-68881 Fax: (702) 261-5050 

phillipd@mccarran.com I www.mccarran.com 

On Tne, Feb 2, 2016 at 12:57 PM, Shawn Simpson <shawn@boutiqueair.com> wrote: 

Hi Phil, 

I appreciate McCarran putting forward the options of North Las Vegas and Henderson. 

The main problem with nsing those airports is that: 
1) A substantial number of people learn about our service by searching on Kayak, Expedia, and 

other online websites. 

Because these are GA airports they are not known for flying and therefore people can not find 

our flights. 

Our business model relies on McCarran being a known place where passengers can get 

scheduled air service. 

If we do not fly from McCarran, our passenger loads drop off to the point where the service is 

not economically 

viable. 

2) While many of our passengers want to simply visit Las Vegas, some proportion of them do get 

on other flights to other locations. This is not possible at either North Las Vegas or Henderson. 

3) Most of our passengers want to get to the Strip in Las Vegas and McCarran is clearly the 

closest. 

It would, of course, be acceptable to us to fly into an FBO at McCarran, but I understand that this 

IS 

on an option that is on the table. If that changes, please let us know. 

I believe the FAA is interested in having this pricing issue at McCarran resolved sooner rather 

than later. 

This is what they have indicated to me at least. I would certainly be happy if there were 

something 

that could be worked out that was fair in the interim, such as paying by the weight of our aircraft 

or by the seats for the next few months until the meeting took place. Or, as I said, operating 

from a McCarran FBO. 

We don't have a problem renting space at McCarran, but to rent space at an airport that is not 

economically tenable for us (i.e. North Las Vegas or Henderson) seems like a step in the 

wrong direction. We are just barely hanging on right now and upsetting a lot of passenger 

in the process. The other option is to stop our service entirely, but under this scenario, 

the city of Merced risks losing it's air service entirely, which it has fought hard to maintain. 

Best, 

Shawn 
Boutique Air & FAA 

Full Documented Correspondence 
On Mon, Nov 16, 2015 at 4:06PM, <Anthony.Garcia@faa.gov> wrote: 

Shawn Simpson 

On October 30, 2015, you contacted the Mike Williams, Manager, Phoenix Airport District Office, 

regarding your allegation that Clark County was unreasonably denying access to Boutique Air at 

McCarran International Airport. 

In response, Robert Lee, Airports Compliance Specialist, at the San Francisco Airports District 

Office, contacted you to solicit information regarding your complaint with Clark County. He 

explained that he needed information to understand in what manner Clark County was not 

meeting its obligations under Grant Assurance 22 to make the airport available on reasonable 

terms and without unjust discrimination. 

On November 6th, you sent your complaint to Michael Huerta, FAA Administrator, restating your 

complaint against Clark County. 

We wish to advise you that the Western-Pacific Region is still conducting an inquiry into your 

complaint, which is not yet complete. As part of the process, we have to provide Clark County 

with due process to determine whether or not the County's policy is reasonable and/or justly 

discriminatory. Toward this end, we shall be contacting the County to ask for an explanation of 

its policy and its application to the various aviation users of LAS, including Boutique Air. 

Robert Lee is presently out of the office until November 23rd. Nevertheless, you may continue 

to communicate with Robert Lee who, along with Mike Williams, have jurisdiction for Clark 

County airports. In the meantime, I shall pursue the inquiry in order to continue gathering 

information. 

----@--('_')--®----

Tony Garcia 

FAA Airports Division 

Western-Pacific Region 

Los Angeles CA 

___ I __ _ 

_ \_(*)_/_ 

ol\o 

On Tuesday, Nov 17,2015 at 12:25 AM, Shawn Simpson <shawn@boutigueair.com> 

wrote: 

Mr. Garcia, 

Thank you for reaching out. 

I think you have most of the facts of the case correct. I'll clarify a few things, however. 

In light of the feedback that I have received from Mr. Robert Lee, I feel that I should 

convey to you the he relayed to me that he has zero experience in formal complaints 
regarding airports. 

Furthermore, he happened to mention to me that he did not see any reason why we 

would have.a case of discrimination. 

As you might imagine, that was a rather disheartening thing to hear from the person 

with whom I was supposed to be communicating. 

I can assure you that I have support from staff at the DOT and in light of some of the 

responses that I have received from Mr. Lee, it seems that a broader approach 

of communications is necessary for us to make progress here. 

I'm not sure how much you know about Boutique Air, but we are a small community 

service oriented airline. We are being denied access by a relative Goliath to ourselves. 

While McCarran is completely unaffected by our rejection, Boutique on the other hand 

is suffering from customer confusion, increased expenses, increased staffing, and 

the necessary purchase of a vehicle that we did not anticipate buying to deal with 

the mayhem caused by McCarran's actions. 

Furthermore, this decision by McCarran threatens the entire air service for the city 

of Merced due to certain financial ratios of passengers that may not be met as 

a result of this action. 

Finally, the decision completely derails the possibility that non-TSA cities such 

as Gallup, Silver City, Los Alamos, and for the moment Moab, could ever fly into 

McCarran. 

I certainly do not mean to stand in the way of any investigation that you are 

conducting or would like to conduct, although I will say that in my opinion, 

there is not much of an investigation to execute as there really is only one 

real question, which is: 

Does McCarran have the right to deny non-sterile service to a commuter airline 

such as ours. None of the other 15 airports where we operate have any problem 

with our operation regardless of if it is sterile or non-sterile. This includes DFW 

and ABQ where we operate completely non-sterile. Why McCarran feels they 

have the right to discriminate in this way is beyond me. Nevertheless, the question 

is: do they have the right to deny us the use of their runways despite the fact 

that our passengers pay for those runways the same as any other passengers do? 

This is the question that must be answered. In my opinion, the historical facts 

of the case are nearly irrelevant. The only issue is do they have this right to 

reject our company and our passengers despite the fact that we are operating 

a safe and legal operation. 

All the past em ails don't really matter compared to this one single question. 

Respectfully, 
Shawn Simpson 

CEO 

Boutique Air 

On Tue, Nov 17, 2015 at 10:27 AM, <Anthony.Garcia@faa.gov> wrote: 

Shawn Simpson 

We are looking into this matter to gather information regarding the airport specific circumstances 

that exist and how they are being applied to the specific type of operation that Boutique Air is 

conducting. In light of the details that are relevant to the relationship between airport rules and 

Boutique Air's operating needs, your question, "Does McCarran have the right to deny nonsterile service to a commuter airline such as ours?" will be determined. Our inquiry will 

determine whether or not LAS rules are reasonable and may be reasonably applied to both 

large and small air carriers. 

_!_ 

----@--('_')--@----

Tony Garcia 

FAA Airports Division 

Western-Pacific Region 

Los Angeles CA ____ I __ 

_ \_(*)_/_ 

o!\o 

On Tue, Nov 17, 2015 at 11:16 AM, Shawn Simpson <shawn@boutiqueair.com> wrote: 

Thank you. 

For reference I will put it a different way. If DFW and ABO had the same policy of discrimination 

against us that 

McCarran did, then our company would be half the size it is. 

https://www.boutiqueair.com/p/schedule 

The city of Merced may lose it's air service forever because of this decision. We are the last 

chance 

for the community of Merced. I can provide more details on that should you be interested. 

I appreciate your attention to this matter. 

Best, 

Shawn 

On Tuesday, Dec 17, 2015 at 12:22 PM, Shawn Simpson <Shawn@boutiqueair.com> 

wrote: 

Dear Mr. Garcia, 

After all of our emails, we have not heard anything from you or anyone 

at the FAA. 
Several weeks ago we heard from McCarran that they were going to review 

their policies. 

Only today did they make time to speak with us. 

I feel that it would be appropriate to get an update from you regarding 

this matter since we have heard nothing from you. 

Our operation continues to suffer from brand damages as well as serious 

financial hardship as a result of the behavior of the McCarran airport to 

this very day. This has been going on for about seven weeks now. 

Is there anything you would like to communicate to me right now, because 

I feel like my company has very much been left out in the cold with 

not single email nor letter nor phone call from the FAA to us in this 

matter during the past 30 days. All the while, we continue to suffer. 

Best Regards, 

Shawn 

On Tuesday, Jan 26, 2016 at 1:50PM, Shawn Simpson <shawn@boutiqueair.com> wrote: 

Good Afternoon, 

I know that Phil has emailed you his recent communication, which is good. 

I will now say just a few things ... 

1) Phil Detmer of the McCarran Airport has been friendly and helpful and professional with us in 

terms of showing us the airport last week. 

2) That said, McCarran wants to charge us the same rate as a 737 'narrow body' jet with 

160-180 seats 

for a turn. This is not economically proportionate or feasible for us with our 8 passenger aircraft. 

Specifically the amount they want to charge us per turn is: $462.50. Same as a 737. 

If we have 50% load factor of 4 passengers each paying $100, our total revenue for a flight 

might only be $400, not even covering the turn cost, not to mention our pilots, fuel, 

maintenance, 

customer service agents, and the purchase of our airplanes. 

One of the reasons that AlP grant assurances exist is to protect small carriers from being shut 

out and being treated unfairly. That is exactly what we are facing here. 

The airport is claiming this is not up to them, but ultimately, it's their airport. Please note below 

in my forwarded email what I have suggested to them. 

3) While we are discussing this, our brand image, our passenger experience, our revenues, 

and our operation itself continue to be damaged. 
We pretty much need an *immediate' solution here, not waiting around weeks or months 

while there are ongoing 'working thing out discussions'. This has been going on since 

*November 3rd*. 

This type of unfair behavior is putting our entire business at risk because our business 

is small and we do not have a lot of room for error in running a small airline. It is very 

hard. I am asking very specifically that the FAA mandates McCarran to come up with 

an economically fair solution for us in McCarran immediately. 

I look forward to action and a response from the FAA immediately because we simply can 

not go on like this. 

Best Regards, 

Shawn 

p.s. My most recent email to McCarran below. Please read. 

---------- Forwarded message ----------

From: Shawn Simpson <shawn@boutiqueair.com> 

Date: Mon, Jan 25, 2016 at 1:32AM 

Subject: Re: Boutique Air- LAS Operational Policy and Procedures 

To: Phillip Detmer <PhillipD@mccarran.com> 

Cc: Ben Czyzewski <bencz@mccarran.com>, Chris Jones <chrisjo@mccarran.com>, 

James Chrisley <jamesc@mccarran.com>, Michael Bennett 

<MichaeiB@mccarran.com>, "operations@boutiqueair.com" 

<operations@boutiqueair.com>, Dennis Anderson <DennisA@mccarran.com>, Scott 

Kichline <ScottK@mccarran.com> 

Phil, 

Ok--thanks for the info. All very helpful to know. 

So as much as we would like to be able to start operations, paying the same turn fee as 

a 737 simply 

does not work economically. 

While it would be nice if we could wait several months to see how the meetings go, our 

brand 

is experiencing real damage, as is our operation. Our passengers are suffering from this 

situation. 

We simply can not wait. 

I have a few suggestions: 

1) allow us to operate from the FBO until the proportionate pricing matter can be 

resolved 

2) have an emergency meeting to come up with proportionate pricing 
3) waive the turn fees for us as a one time anomaly given the size of our aircraft and 

in recognition that it is simply not fair to charge us the same fee as a 737. 

Our aircraft has 8 seats for passengers, versus 169-189 passengers for a modern 737. 

This is between 21 and 23.6 times more expensive for us than competitors per seat. 

As I know you have already discussed this internally and there has been no progress 

made on the subject, I'll go ahead and discuss with the FAA to see what they have to 

say. 

Like I said, I wish we could hang out and wait, but this situation has already gone on 

much much longer than we would have liked and we can not afford the ongoing 

strains it is putting on our small operation. 

If you believe that you might be able to swing any of the above suggestions I made 

please do let us know. 

Best, 

Shawn 

On Wednesday, Jan 27, 2016 at 1:50PM, Anthony Garcia <anthony.garcia@faa.gov> 

wrote: 

Shawn Simpson 

I appreciate your reply and disclosure of the challenges a small air carrier faces while trying to 

operate at a large hub airport. Perhaps the circumstances at LAS increase the challenges if the 

airport does not have facilities and standards that easily accommodate small commercial 

operators. 

I would like to clarify one expectation disclosed in your e-mail below. It is your expectation that 

the "FAA mandates McCarran to come up with 

an economically fair solution for us in McCarran immediately." 

Realistically, the FAA does not mandate because it does not have the authority to mandate. As 

a result, the FAA does not impose policy, standards, or rates at airports. Rather, when called 

upon, the FAA will evaluate whether or not airport policy, standards, or rates are reasonable 

and/or justly discriminatory. If a determination is made that airport policy, standards, or rates are 

unreasonable or unjustly discriminatory, the FAA will work to persuade the airport sponsor to 

change was is considered non-compliant. 

This process is not accomplished in short order. It often takes time to work through the 

disparate views of each party and standard ways of doing things at an airport. The process is 

prolonged when the airport sponsor is not convinced that change is needed. If an airport 

sponsor does not respond to informal resolution attempts, the impasse may have to be handled 

under formal complaint procedures. 

Clark County has an obligation to make LAS available for all types and classes of aeronautical 

activities based on reasonable terms and without unjust discrimination. This would include 

Boutique Air. 
It appears that LAS does not have flexible facilities, rates, and standards to easily accommodate 

a small air carrier within a non-sterile area. Within this constrained environment, you are trying 

to negotiate for space and fees that fit the operational needs of Boutique Air. The FAA is trying 

to ensure that Boutique Air is "reasonably" accommodated at LAS or another Clark County 

airport. 

This effort may require flexibility by both Clark County and Boutique Air. Each may have to 

adjust in some way to accommodate the other. The FAA's role is to determine if this can be 

done within the context of reasonable terms and conditions. 

We shall continue to work to persuade the County to provide Boutique Air with reasonable 

accommodations and charges, and also to provide you with an explanation when your 

expectations do not appear reasonable. Unfortunately, this process may take time, especially if 

accommodating Boutique Air requires that Clark County alter established policy, standards, or 

rates. 

----@ --('_')--@----

Tony Garcia 

FAA Airports Division 

Western-Pacific Region 

Los Angeles CA 

__ I __ _ 

_ \_(*)_/_ 

o/\o 

On Wednesday, Jan 27,2016 at 4:17PM, Anthony Garcia <anthony.garcia@faa.gov> 

wrote: 

Shawn Simpson 

In regards to your negotiations with Phil Detmer, you made several suggestions to Mr. Detmer to 

deviate from Clark County's prescribed standards at LAS. I would like to know if the County has 

expressed any flexibility in adapting its standards to meet Boutique Air's operating needs. 

I shall be asking Mr. Detmer if there are areas where the County can be flexible, if even on a 

provisional basis. Perhaps revisions can be considered that can better meet the needs of small 

air carriers, such as Boutique Air. 

What concerns me about your negotiations is the possibility that any proposed changes in LAS 

standards could take a long time to implement because large organizations do not generally 

change established policies quickly. 

Although the FAA can propose reasonable changes to the way airports do things, there is no 

assurance that new policies can be implemented quickly. 

_!_ 
----@--('_')--@ ----

Tony Garcia 

FAA Airports Division 

Western-Pacific Region 

Los Angeles CA 

___ I __ _ 

-'~(*)~1-

o/\o 

On Thursday, Jan 28, 2016 at 12:34 AM Shawn Simpson <shawn@boutiqueair.com> 

wrote: 

Mr. Anthony Garcia, 

You are correct, in the spirit of trying to work out a solution, I made a number of possible 

suggestions to him that would, in my opinion be workable solutions to this situation, which is bad 

for Boutique Air for so many reasons. 

The McCarran Airport has not made any gestures suggesting that they are able to do anything 

for us to find an economically reasonable solution to the 

unfair manner in which they want to charge us. As I stated in my letter to them a couple months 

ago--Steve Wynn could land his private jet five times 

a day at Atlantic or Signature FBO at McCarran and they would not say anything about it. We on 

the other hand are not allowed to do so, which 

does not make any sense to me since we do exactly this at Dallas Fort Worth Airport. DFW is no 

better setup for small carriers than McCarran is ... 

the difference is that they want to make it work for us. McCarran, unfortunately, doesn't seem to 

want to find a solution. If they did, they simply 

would. Why they seem to be so stubborn about this I don't know. 

Our all in fees at DFW are about $8,000 for a month for 5 landings per day. Contrast this with 

the $55,500 per month that we would have to pay McCarran 

to have only 4 landings per day and you can see the inequity. In fact it would be even higher 

than that because here I am only talking about 

the turn fee of $462.50 they want to charge us, and not the landing fees or passenger fees. 

Here is my math: 

»> $462.50 * 4 landings* 30 days: 

$55,500.0 

Assuming we have a 50% load factor in our planes (i.e. 4 out of 8 seats are filled), which is our 

typical load factor, McCarran wants to charge us $115 per passenger to land. That is absolutely 

discriminatory, any way you look at it. 

Again, this is nothing against the people specifically at the airport, but they are just not trying to 

find a viable solution for us. 

Best, 

Shawn 
On Sat, Jan 30,2016 at 2:14PM, Anthony Garcia <anthony.garcia@faa.gov> wrote: 

Shawn Simpson 

Thank you for the feedback. 

I am attempting to strategize with some other FAA officials to determine if collectively we can move the 

negotiations forward a little more quickly. 

----@ --('_')--®----

Tony Garcia 

FAA Airports Division 

Western-Pacific Region 

Los Angeles CA 

__ I __ 

_ \_(*)_/_ 

ol\o