Order 2012-12-07

 Served: December 14, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 14th day of December, 2012

Application of 

BOUTIQUE AIR, INC.

for authority to engage in scheduled passenger 

operations as a commuter air carrier under 

49 U.S.C. § 41738

 Docket DOT-OST-2012-0108

FINAL ORDER

By Order 2012-11-32, issued on November 29, 2012, we directed all interested persons to show 

cause why we should not make final our tentative findings and conclusions that Boutique Air, 

Inc., is fit, willing, and able to provide scheduled passenger service as a commuter air carrier 

using small aircraft pursuant to Part 135 of the Federal Aviation Regulations. Interested persons 

were given 14 days to file objections to the order.

No objections to the show cause order were received.

ACCORDINGLY,

1. We find that Boutique Air, Inc., is fit, willing, and able under 49 U.S.C. § 41738 to provide 

scheduled passenger service as a commuter air carrier using small aircraft pursuant to Part 135 of 

the Federal Aviation Regulations, subject to conditions.

2. We issue a Commuter Air Carrier Authorization to Boutique Air, Inc., subject to the Terms, 

Conditions, and Limitations attached. 

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

By:

SUSAN L. KURLAND

Assistant Secretary for Aviation

and International Affairs

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

http://www.regulations.gov
 

 

 

Commuter Air Carrier Authorization

BOUTIQUE AIR, INC.

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

States Code, the orders, rules, and regulations issued thereunder, and the 

attached Terms, Conditions, and Limitations, to engage in scheduled passenger 

air transportation operations as a commuter air carrier.

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

Transportation.

 

 

 

By Direction of the Secretary

Issued by Order 2012-12-07 Susan L. Kurland

On December 14, 2012 Assistant Secretary for

Effective (See Attached) Aviation and International Affairs
Terms, Conditions, and Limitations

BOUTIQUE AIR, INC. 

is authorized to engage in scheduled passenger air transportation operations as a commuter air 

carrier.

This authority is subject to the following provisions:

(1) The authority to conduct scheduled passenger operations will not become effective until six 

(business) days after the Department has received the following documents; provided, however, that 

the Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations Specifications 

authorizing such operations from the Federal Aviation Administration (FAA).

(b) A certificate of insurance on OST Form 6410 evidencing liability insurance 

coverage meeting the requirements of 14 CFR 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key 

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

the Show Cause Order in this case.

(d) A revised list of pre-operating expenses already paid and those remaining to be 

paid, as well as independent verification that the holder has available to it funds 

sufficient to cover any remaining pre-operating expenses and to provide a working 

capital reserve equal to the operating costs that would be incurred in three months of 

operations.

(2) Pending receipt of effective authority, the holder may not accept payment of any kind (i.e., 

cash, check, or credit card) or issue tickets for scheduled passenger operations, and any advertisement 

or listing of flights by the holder must prominently state: "This service is subject to receipt of 

government operating authority." 

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

14 CFR Part 298 and any other regulations prescribed by the Department of Transportation for the 

services authorized here, and with such other reasonable terms, conditions, and limitations as the 

Department of Transportation may prescribe in the public interest.

(4) The holder authority is limited to operations conducted pursuant to Part 135 of the Federal 

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

Part 121 certification from the FAA, it must first be determined fit for such operations.
2

(5) The holder's authority under this certificate is effective only to the extent that such operations 

are also authorized by the Federal Aviation Administration (FAA), and comply with all U.S. 

Government requirements concerning security, including, but not limited to 49 CFR Part 1544.



(6) The holder shall at all times remain a "Citizen of the United States" as required by 49 U.S.C. 

40102(a)(15).

(7) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 

205. Failure to maintain such insurance coverage will render this authority ineffective, and this or 

other failure to comply with the provisions of Subtitle VII of Title 49 of the United States Code or the 

Department's regulations shall be sufficient grounds to revoke this authority.

(8) In the event that the holder receives effective scheduled passenger authority, the following 

additional conditions will apply:

(a) The holder may reduce or terminate service at any point or between any two 

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

regulations issued by the Department of Transportation under that section.

(b) The holder may not provide scheduled passenger air transportation to or from 

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

International Air Transportation Competition Act of 1979, as amended or as modified 

by any future legislation addressing access restrictions to or from Love Field.

(9) Should the holder propose any substantial changes in its ownership, management, or 

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

14 CFR 204.5.

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

carrier under this authority within one year of the date of the Department's determination of its fitness, 

its commuter authority shall be revoked for dormancy. Further, in the event that the holder 

commences but subsequently ceases all scheduled passenger operations, the authority granted here 

shall be suspended under the terms of 14 CFR 204.7 and the holder may neither recommence nor 

advertise such operations unless its fitness to do so has been redetermined by the Department.

Moreover, if the holder does not resume such operations within one year of its cessation, its commuter 

authority shall be revoked for dormancy.

 



To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before 

commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Security 

Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has 

determined that security is adequate to allow such airport(s) to be served.
Attachment A

SERVICE LIST FOR

BOUTIQUE AIR, INC.

SHAWN SIMPSON

PRESIDENT

BOUTIQUE AIR, INC

340 PINE ST SUITE 503

SAN FRANCISCO 

CA 94104

MARK MAZOR

MANAGER

CERTIFICATION & EVALUATION 

PROGRAM

OFFICE

FAA AFS-900

45005 AVIATION DRIVE 

SUITE 131

DULLES, VA 20166

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

GERALD GRISWOLD

PRINCIPAL OPERATIONS

INSPECTOR

SACRAMENTO FSDO

1102 CORPORATE HIGHWAY

SUITE 200

SACRAMENTO CA 95831

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590