u.s. D<>P<:lliment 

of Tramportolion 

Federal Aviation 

Ad!nlniS!ralion 

February 24,2016 

Shawn Simpson, CEO 

Bmrtim1e Air 

548 Market Street, Suite 73298 

San Francisco, CA 94104 

Dear Simpson: 

Office of Airport Compliance 

and Management Analysis 

800 tndepenctenceAve., SW. 

Washington. DC 20591 

Re: Boutique.Airv. Clark County, Nevada, FAADocketNo.16-16-03 

The above-listed complaint filed by Complainant Shawn Simpson, as CEO, of Boutique 

against the respondent Clark County, Nevada, has been detennined to be incomplete under 

14 CFR Part 16. 

Title CFR §16.2l(h) provides that a complaint will be dismissed llnder §16.27 unless the 

person or authorized representative filing the complaint certifies that: 

(l) The complainant has made substantial and reasonable good faith efforts to resolve 

the disputed matter informally prior to filing the complaint; and 

(2) There is no reasonable prospect for practical aod timely resolution of the dispute. 

Title CFR §16.2l(c) provides that the certification required under section 162l(b) shall 

include a brief description of the party's effmts to obtain informal resolution but shall not 

include information on monetary or other settlement offers made but not agreed upon in 

writing by all parties. Such efforts to resolve infonnally should be relatively recent and be 

demonstrated by pertinent documentation. There is no required form or process for infonnal 

resolution, but in each case the reqttirements to resolve the matter informally must meet the 

reqttirements of this paragraph. 

The complaint has been determined to be. incomplete because it does not meet the prec 

complaint resolution requirements of 14 CFR § 16 .21. The Complainant stetes, but does not 

certifY, that substantial andreasonable good faith efforts to resolve the disputed matter 

informally prior to filing the complaint were made and that there is no reasonable prospect 

for timely resolution of the dispute: 
2 

Additionally, the Complainant in his brief description explains that the efforts to obtain 

informal resolution were condueted recently via email correspondence which is attached to 

the complaint. The last docmnent the Complainant's submission is an email dated January 

30,2016, from the FAA Western Pacific Airports Compliance Specialist to the Complainant 

stating .t!tat he was "attempting to strategize with some other FAA officials to determine if 

collectively we can move t!ta negotiations forward a little more quickly." An earlier email 

dated January 27, 2016, from the Compliance Specialist indicated he was working on the 

matter and was "trying to ensure that Boutique Air is 'reasonably' accommodated at LAS or 

another Clark County airport." 

emalls were sent just days before the Complainant filed complaint and reflect that 

informal process was still underway. It appears premature tc state that there is no 

reasonable prospect for timely reselution of the dispute. Complainant's efforts short 

of the good faith efforts at informal resolution required by 14 CFR §l6.2l(b). In addition, 

the Complainant's statement regarding its informal efforts is nota certification as required by 

14 CFR§ 16.21 (b)( c). Without the required certification and the met that informal resolution 

efforts are still underway, the Complainant's assertions regarding it efforts to obtain informal 

resolution are inadequate. 

In conclusion, the complaint is dismissed without prejudice as incomplete under 14 CFR 

§16.27. The Complainant may f!le anew complaint thai corrects the deficiancies noted 

above. Part 16 Docket No. 16·16-0.3 is closed. Should you have any questions on this matter 

please contact Kathleen Brockman, Office of Airport Compliance, at (202) 267-3085. 

Sincerely 

fl.c1:mg Direet.or, Office of Airport Compliance 

and Management Analysis 

cc: Rosemary V assiliadis, Director of Clark County Aviation 

Part 16 Proceedings Docket