### 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 ofAirport Compliance and Management Analysis 800 tndepenctenceAve., SW. Washington. DC 20591



### Re: Boutique.Airv. ClarkCounty, Nevada, FAADocketNo.16-16-03 The above-listed complaint filed byComplainant Shawn Simpson, as 

### CEO, ofBoutique 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 ofthe dispute. Title CFR §16.2l(c)

### provides that the certification required under section 162l(b) 

### shall include a briefdescription ofthe 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 bypertinentdocumentation. 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 ofthis paragraph. The complainthas been determined

## to be. 

### incomplete because it does not meet the prec complaint resolution requirements of14 CFR § 

### 16.21. The Complainant stetes, butdoes not 

### certifY, that substantial andreasonable good faith efforts to resolve the disputed matter informally prior to filing the complaint were made and that thereisno reasonable prospect for timely resolution ofthe dispute:2 Additionally, the Complainantinhis briefdescription 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 datedJanuary 30,2016, from the FAA Western Pacific Airports Compliance Specialist to the Complainant stating

### .t!tat he was "attempting to strategize with some other FAAofficials to determine if collectively we canmove

### t!ta negotiations forward a little more quickly." An earlier email dated January 27, 2016, from the Compliance Specialistindicatedhe was working onthe matter and was "tryingtoensure that Boutique Air is 'reasonably' accommodated at LAS or another Clark County airport." emalls were sentjust days before the Complainant 

### filed complaint and reflectthat informal process was still underway. It appears prematuretc state thatthere is no reasonable prospect for timely reselution ofthe dispute. Complainant's efforts short ofthe good faith efforts atinformal resolution requiredby 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 therequired 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 Complainantmay f!le anew complaint thai corrects the deficiancies noted above. Part 16 DocketNo. 16·16-0.3 is closed. Should you have any questions onthis matter please contact Kathleen Brockman, Office ofAirport Compliance, at (202) 267-3085. Sincerely

fl.c1:mg Direet.or, Office ofAirport Compliance

and Management Analysis

cc: Rosemary Vassiliadis, DirectorofClark County Aviation Part 16 Proceedings Docket