UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Aero Ways, Inc., 

Complainant, 

FAA Docket No. 16-09-12 

CD 

' — I 

- z:!3 

Delaware River & Bay Authority, 

Respondent. 

ANSWER OF RESPONDENT DELAWARE RIVER & BAY AUTHORITY 

Respondent the Delaware River & Bay Authority ("DRBA"), by and throughT 

undersigned attorneys, hereby answers the Complaint filed by Complainant Aero ^^ays, Ine; 

("Aero Ways") as follows, and refers to the contemporaneously-filed Memorandum of Points 

and Authorities in Support of the DRBA's Motion to Dismiss for a more detailed statement of 

facts and legal arguments in opposition to this Complaint: 

1. Admitted. 

2. Admitted. 

3. Admitted. 

4. The allegations in paragraph 4 purport to characterize the nature of 

Complainant's action, and no responsive pleading is required. However, to the extent a response 

is deemed required, denied. 

5. Denied, except admitted that William Manning was Aero Ways' counsel 

during the relevant time period and communicated with the DRBA regarding Aero Ways' 

business. 

Denied. 
7. The DRBA denies knowledge or information sufficient to form a belief as 

to the allegations in paragraph 7, and on that basis, denies the allegations. 

8. Denied. 

9. Denied, except admitted that the DRBA leased the MBNA hangar to XO 

Jet on November 20, 2007. 

10. Denied. 

11. Denied, except admitted that XO Jet is not a Subpart K fi-actional operator. 

By way of further response, the DRBA states that XO Jet is a Part 135 air carrier. 

12. Denied, except admitted that, on June 5, 2008, Stephen WiUiams sent a 

letter to William Manning attaching a copy of XO Jet's Part 135 Air Carrier Certificate. 

13. Denied. 

14. Denied. By way of further response, the DRBA states that the New Castle 

Airport did have Rules and Regulations and Minimum Standards at all times relevant to this 

dispute. 

15. The DRBA denies knowledge or information sufficient to form a beUef as 

to the allegations in paragraph 15, and on that basis, denies the allegations. 

16. Denied. The DRBA also specifically denies footnotes 3 and 4 of the 

Complaint. 

17. Denied. 

18. Denied, except to the extent that Mr. Rainear requested to meet with Aero 

Ways in 2006. By way of further response, the DRBA states that Donald Rainear left the DRBA 

in May 2009, before Aero Ways filed its Part 16 action. 
19. Denied, but admitted that Aero Ways does not have a sign on Taxiway 

Alpha. 

20. Denied. 

21. Denied. By way of further response, the DRBA states that it has been 

negotiating with Aero Ways to lease the land at Taxiway A7, and remains willing to continue 

those negotiations. 

22. Denied. 

23. Paragraph 23 does not contain an allegation directed to the DRBA, and 

therefore no responsive pleading is required. However, to the extent a response is deemed 

required, denied. 

24. Denied. 

25. Paragraph 25 contains a legal conclusion to which no responsive pleading 

is required. However, to the extent a response is deemed required, denied. 

26. Paragraph 26 contains a legal conclusion to which no responsive pleading 

is required. However, to the extent a response is deemed required, denied. 

27. Paragraph 27 contains a legal conclusion to which no responsive pleading 

is required. However, to the extent a response is deemed required, denied. 

28. Paragraph 28 contains a legal conclusion to which no responsive pleading 

is required. However, to the extent a response is deemed required, denied. 

29. Paragraph 29 contains a legal conclusion to which no responsive pleading 

is required. However, to the extent a response is deemed required, denied. 

30. Denied. By way of further response, the DRBA states that FAA Order 

5190.6A does not have a section numbered as Chapter 7-26(e)(l). 
31. Denied. 

32. Denied. 

Denied. 

CONCLUSION 

NICHOLS, ARSHT & TUNNELL LLP 

R. J^idsoa^caggs, Jr^ 

Leslie A. Polizoti 

Pauletta J. Brown 

Albert J. Carroll 

1201 N. Market Street 

P.O. Box 1347 

Wilmington, Delaware 19899-1347 

Telephone: (302) 658-9200 

February 3, 2010 

3334952 

Attorneys for Respondent Delaware River & Bay 

Authority 
CERTIFICATE OF SERVICE 

The imdersigned hereby certifies that on the 3rd day of February, 2010, she 

caused to be served the ANSWER OF RESPONDENT DELAWARE RIVER & BAY 

AUTHORITY on the following in the manner indicated: 

BY FEDERAL EXPRESS 

Office of the Chief Coimsel 

Attn: FAA Part 16 Airport Proceedings Docket, AGC-610 

Room 925 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Original and three copies 

Elizabeth Newman 

Airports Law Branch, AGC-610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W., RM 923 

Washington, DC 20591 

One copy 

BY FEDERAL EXPRESS 

Joseph Michael Lamonaca, Esq. 

Attorney for Aero Ways, Inc. 

New Castle County Airport 

P.O. Box 10583 

Wihnington, DE 19850-0583 

Email: avlaw@prodigy.net 

One copy