Q 

U.S. Department r,-^j ,.- r r -, -.r..., fO° l"'^T"''n?f^n=Qi' ®-^-

ofTraniortation L., Iw J ,:,;./ , Washington, D.C. 20591 

Federal Aviation 

Administration 

OCT 2 2 2009 NOTICE 

Please be advised that the complaint filed by Aero Ways, Inc., under the Rules of 

Practice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 of 

the Code of Federal Regulations, 14 CFR Part 16, has been docketed by the Federal 

Aviation Administration's ("FAA") Office of the Chief Counsel as Docket No. 16-09-

12.^ 

The Delaware River & Bay Authority, the named respondent in the complaint, is 

required to file an answer to the complaint within 20 days of the date of service of this 

notice. [14 CFR § 16.23(d)] The answer shall deny or admit the allegations made in the 

complaint, and shall assert any affirmative defense. The answer may include a motion 

to dismiss the complaint or any portion thereof, with a supporting memorandiim of 

points and authorities. [14 CFR §§ 16.23(h) Q)] 

The complainant may file a reply within 10 days of the date of service of the answer. 

The respondent may file a rebuttal within 10 days of the date of service of the 

complainant's reply. [14 CFR §§ 16.23(e) (f)] The answer, reply, and rebuttal shall, 

like the complaint, be accompanied by supporting documentation upon which the 

parties rely. The answer, reply, and rebuttal shall each contain a concise but complete 

statement of the facts relied upon to substantiate the answers, admissions, denials, or 

averments made. [14 CFR §§ 16.23 (g) (i)] 

All documents filed with the FAA in this proceeding shall be served by the persons 

filing them on all parties to the proceeding, and on tiie FAA: Office of the Chief 

Counsel, Attention: FAA Part 16 Airport Proceedings Docket, AGC-610, Room 925, 

Federal Aviation Administration, 800 Independence Ave., S.W., Washington, D.C. 

20591. Unless otherwise specified, an executed original and three copies of each 

document shall be filed with the FAA Part 16 Airport Proceedings Docket. [14 CFR § 

16.13(c)] A certificate of service shall accompany all documents when they are 

tendered for filmg and shall certify concurrent service on the FAA and all parties. [14 

CFR §§ 16.13, 16.15] 

As of October 1, 2007, the Department of Transportation (DOT) migrated fi-om the 

electronic Docket Management System (DMS) to the government-wide Federal Docket 

Management System (FDMS) at http://www.regulations.gov. To facilitate this process, 

please ensure that at least one of the three required copies is 

' The FAA has enforcement authority over an airport sponsor, but it has no authority to award damages 

to persons subjected to an airport sponsor's non-compliance with its grant assurances. The FAA's role in 

this Part 16 proceeding will be to review the airport sponsor's current compliance with its Federal 

obligations and not adjudicate damages. 
unbound and without tabs. Exhibit numbers in unbound copies should be noted on the 

first page of each exhibit or in divider pages. At this time, direct electronic filing of 

Part 16 documents is not permitted. 

Eliza^th Newman jf \^ 

Attorney 

Airports Law Branch, AGC-610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Ave., S.W., RM 923 

Washington, D.C. 20591 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on Octobe^^c^ 2009,1 caused to be placed in the United States mail 

(first class mail, postage paid) or personally delivered, a true copy of the foregoing document 

addressed to: 

Joseph Michael Lamonaca, Esq. 

Attorney for Aero Ways, Inc. 

New Castle County Airport 

P.O. Box 10583 

Wilmington, DE 19850-0583 

Leslie Polizoti, Esq. 

Morris, Nichols, Arsht and Tuimell, LLP 

Attomey for Delaware River & Bay Authority 

1201 Market Street, 18* Floor 

P.O. Box 1347 

Wilmington, DE 19899-1347 

Delaware River & Bay Authority 

Delaware Memorial Bridge Plaza 

Junction of 1-295 and Route 9 

New Castle, DE 19720 

Hand delivered copies to: 

FAA Part 16 Airport Proceedings Docket 

ACO-lOO 

i^uMy^ 

Sharice Jeffersiol 

Airports & Environmental Law Division 

Office of the Chief Counsel 

Federal Aviation Administration