EVERETT, WOMBLE, LAWRENCE & BROWN, L.L.P. 

Attorneys at Law 

507 B Spence Avenue 

W, Harrell Everett, Jr. Drawer 10809 

James D. Womble, Jr. Goldsboro, NC 27532-0809 

Ronald T. Lawrence, II 

Darrell K. Brown 

Jun e 16 , 200 9 

Mr. Jonathan W. Cross 

Federal Aviation Authority 

Office of the Chief Counsel 

ATTN: FAA Part 16 Airport Prodeedings Docket 

AGC-610 Federal Aviation Administration 

800 Independence Ave., SW 

Washington, DC 20591 

Telephone 

(919) 778-6707 

Fax 

(919) 751-2598 

E-Mail 

ewf@ewf-law.rnm 

pMllli 

JUN 2 4 2009 

^RPORTS/ENVIRONMENTAL 

LAW.AQC-600 • 

Re: Delbert Johnson d/b/a Two Dogs Aviation vs. Goldsboro Wavne 

Airport Authority Docket No. 16-08-11 

Dear Mr. Cross 

Enclosed please find REPLY TO REQUEST FOR ADDITIONAL 

INFORMATION AND NOTICE OF EXTENSION OF TIME. 

Yours very truly, 

EVERETT, WOMBLE, LAWRENCE & BROWN,LLP 

W. Harrell Everett, Jr. 

WHEJr:obb 

copy: Glenn Barfield 

CD 

F:\WP 10\OB\gwaa\cross johnsonlt2.wpd 
UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

Delbert Johnson d/b/a Two Dogs Aviation 

Complainant, 

V. FAA Docket No. 16-08-11 

Goldsboro Wayne Airport Authority 

Respondent. 

REPLY TO REQUEST FOR ADDITIONAL INFORMATION AND 

NOTICE OF EXTENSION OF TIME 

Pursuant to FAA's Request for Additional Information and Notice of Extension of Time 

issued on May 18, 2009, the Goldsboro Wayne Airport Authority ("Authority" or 

"Respondent") hereby provides this Reply to the questions posed by FAA, as follows: 

QUESTION: 1-What is the next step the Complainant must take in order for the 

Authority to act on the Complainant's proposed site for his self-service fueling facility? 

ANSWER: The Respondent is not in a position to act on the Complainant's request to 

operate his proposed aeronautical business at the Airport until the Complainant provides 

additional information to the Authority. As a threshold matter, the Complainant has failed 

to explain how he intends to meet the minimum standards required of an FBO selling 

aviation petroleum products at the Airport. See also Authority's Answer to FAA's 

Question 2 below (explaining which sections of the minimum standards the Authority is 

prepared to waive for Complainant). In addition to identifying how his business will 

comply with the minimum standards set forth in the Airport's Rules and Regulations, the 

Authority expects that the Complainant also should: (1) clarify what arrangements he 

proposes for complying with the minimum standards (e.g., constructing new facilities; 

contracting with other aeronautical service providers at the Airport for services; leasing 

directly from the Authority and/or subleasing from others office space, etc.); (2) identify 

and receive Respondent's approval of the location for his proposed aeronautical business, 

including the location for proposed fueling facility; and (3) receive written approval from 

the Wayne County Fire Marshal that the fueling facility, and any other applicable facility 

that Complainant intends to build at the Airport, meet appropriate fire, safety and EPA 

regulations. 

QUESTION 2-Which sections, if any, of the Airport's Minimum Standards is the. 

Authority prepared to waive for the Complainant? 
ANSWER: As set forth in its Answer and Rebuttal, Respondent is willing to waive for 

Complainant the same minimum standards that Respondent waived for SIG, the Airport's 

incumbent FBO. Specifically, the Respondent is willing to waive the requirements under 

Section 8B of the Airport Rules and Regulations that Complainant to provide the services 

listed in Sections 8J and 8K. In addition, the Authority is willing to waive the same ramp 

services it waived for SIG. Compare Rules and Regulations Sections 81.3, 4, and 5, with 

SIG 2007 FBO Agreement Section 1.3. On the other hand, the Complainant will be 

required to (1) maintain a manned office facility at the Airport during all business hours; 

(2) enter into lease agreement with Respondent; (3) maintain liability insurance 

($1,000,000/$ 100,000 per occurrence/per person for bodily injury and $1,000,000 for 

property damage); (4) obtain approval of the Respondent of the design of the facility on 

the leased area of the airport; (5) show financial solvency and ability to conduct his 

proposed aeronautical business; (6) install and operate the required tank storage capacity 

for both 100 grade aviation fuel and jet fuel; (7) provide the same level of ramp services 

and aircraft tie-downs that SIG is required to offer; (8) provide and maintain the safety 

equipment commensurate with the type of services to be provided; and (9) provide 

aircraft charter and taxi service, including adequate personnel and facilities to support 

such service. 

QUESTION: 3-Are any tenants on the Airport currently self-fueHng? If so, under what 

standard? 

ANSWER: The authority is not aware of anyone currently conducting self-fueling 

activities at the Airport, and no one has requested the Authority or Airport Manager to do 

so. In accordance with Section 6E of the Rules and Regulations, all requests for selffueling will be reviewed by the Airport Manager for safety and EPA considerations only. 

This the 17th day of June, 2009. 

W. HARRELL EVERETT, JR. ' ' 

EVERETT, WOMBLE, LAWRENCE & BROWN, LLP 

P.O. Drawer 10809 

Goldsboro, NC 27532 

(919) 778-6707 

Pablo O. Ntiesch 

Elaine C. Lippmann 

SPIEGEL & McDIARMID LLP 

1333 New Hampshire Ave., N. W. 

Washington, DC 20036 

Phone: 202-879-4000 

Fax: 202-393-2866 

Attorneys for the Goldsboro-Wayne Airport Authority 
CERTIFICATE OF SERVICE 

THIS IS TO CERTIFY that a copy of the foregoing document has this day been 

served upon the Defendants by mailing a copy of the same to their Coimsel of Record, 

Glenn A. Barfield, sent in the United States mail, postpaid to his address, P. O. Drawer 7, 

Goldsboro, NC 27533, this the 17th day of June, 2009. 

EVERETT, WOMBLE, FDSfAN, 

LAWRENCE & BROWN, L.L.P. 

Harrell Everett, 

tt,Jr. / 

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