UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

AIR TRANSPORT ASSOCIATION OF AMERICA, INC. d/b/a AIRLINES FOR AMERICA, et al., Complainants,

v. PORT OF PORTLAND, OREGON, Respondent. FAA Docket No. 16-16-04

CONSENT MOTION OF COMPLAINAN TS FOR EXTENSION OF TIME

Communications with respect to this document should be addressed to: David Berg Vice President & General Counsel Doug Mullen Assistant General Counsel Air Transport Association of America, Inc. d/b/a Airlines for America 1275 Pennsylvania Avenue, N.W. Suite 1300 Washington, D.C. 20004 (202) 626-4234 Email: dberg@airlines.org dmullen@airlines.org Counsel for Complainants

Dated: April 18, 2016 M. Roy Goldberg Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C 20036 (202) 429-8028 Email: rgoldberg@steptoe.com1 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

AIR TRANSPORT ASSOCIATION OF AMERICA, INC. d/b/a AIRLINES FOR AMERICA, et al., Complainants,

v. PORT OF PORTLAND, OREGON, Respondent. FAA Docket No. 16-16-04

CONSENT MOTION OF COMPLAINAN TS FOR EXTENSION OF TIME Pursuant to 14 C.F.R. §§ 16.19 and 16.11(a), Air Transport Association of America, Inc., d/b/a Airlines for America, Alaska Airlines, In c., American Airlines, Inc., Atlas Air, Inc., Federal Express Corporation, Hawaiian Airlines, In c., JetBlue Airways, Inc., Southwest Airlines Co., United Airlines, Inc., United Parcel Se rvice Co., and Air Canada (collectively, “Complainants”) request leave to file and hereby file this motion for a 30-day extension of time in which to file their reply to the answer of Respondent Port of Portland (“Port”). In support thereof, Complain ants state the following:

1. On February 10, 2016, Complainants filed a Co mplaint alleging that the Port is in violation of its federal oblig ations under 49 U.S.C. §§ 47107(b ) and 47133, and Grant Assurance 25. On February 25, 2016, FAA issued notice that the Complaint had been docketed.

2. Pursuant to Part 16 proce dural rule § 16.23(d), a res pondent’s answer must be filed “within 20 days of the date of service of the FAA notification.” Ac cordingly, the Port’s answer to the Complaint was initia lly due on or before March 16, 2016.2 3. On March 3, 2016, the Port filed a request, consented to by counsel for Complainants, for a 30-day extension of time in whic h to file its response to the Complaint. This request would have extended the Port’s deadline to file its answer until April 15, 2016. On April 15, 2016, the Port filed its answer to the Complaint.

4. Pursuant to Part 16 pro cedural rule § 16.23(e), a comp lainant “may file a reply within 10 days of the date of service of the an swer.” Accordingly, Comp lainants’ reply to the Port’s answer is currently due on or before April 25, 2016.

5. On April 15, 2016, the undersigned contacted Pablo O. Nüesch, counsel for the Port, requesting his consent for a reciprocal 30-day extension of time in which to file Complainants’ reply. Mr. Nüesch responded that the Port consented to the extension. This 30- day extension would require Complainants to file their reply on or before May 25, 2016.

6. Although Part 16 is intended to exped ite substantially the handling and disposition of airport-related complaints, pr ocedural rule § 16.11(a) provides that, under the authority of 49 U.S.C. 40113 and 47121, the Direct or may “take such other actions as are necessary to fulfill the purposes of this part, including the extension of any time period prescribed where necessary or a ppropriate for a fair and complete hearing of matters before the agency.” Complainants maintain that good cause exists for the thirty day extension given the important issues raised in this case and in order to: (1) respond fully and comprehensively to the voluminous answer filed by the Port (320 pages in total); (2) coor dinate the Complainants' reply

with the member airlines of Airlines for Am erica, which are all co-Complainants; and (3) address other preexisting projects, deadlines and co mmitments. No prejudice will result to the

Port as a result of this 30-day extension as, indeed, they have consented to it, while lack of an extension may result in prejudice to the Complainan ts if they are unable, w ithin the allotted time,3 to adequately respond or present all relevant facts and argument raised by the Port. FAA has historically been willing to grant such unopposed ex tensions of time to file a reply to an answer when so warranted. See, e.g., Heliops, LLC, v. Norwood Memorial Airport, et al ., FAA Docket No. 16-09-10 (granting an unopposed 36-day extensi on of time in which to file a reply to an answer); see also, AOPA v. City of Pompano Beach, Florida , FAA Docket No. 16-04-01 (granting an unopposed 21-day extension of time in which to file a reply to an answer).

CONCLUSION In light of good cause shown, th e lack of prejudice to, and c onsent of, Respondent Port of Portland, and in the interest of developing a fu ll and complete record in this proceeding, Complainants hereby respectfully request a 30-day extension of time in which to file their reply to the Port’s answer to its complaint, such th at its reply will be file d on or before May 25, 2016. Respectfully submitted,

/s/ David Berg___________ David Berg Vice President & General Counsel Doug Mullen Assistant General Counsel Air Transport Association of America, Inc. d/b/a Airlines for America 1275 Pennsylvania Avenue, N.W. Suite 1300 Washington, D.C. 20004 (202) 626-4234 Email: dberg@airlines.org dmullen@airlines.org Dated: April 18, 2016 /s/ M. Roy Goldberg___________ M. Roy Goldberg Steptoe & Johnson LLP 1330 Connecticut Avenue, N.W. Washington, D.C 20036 (202) 429-8028 Email: rgoldberg@steptoe.comCERTIFICATE OF SERVICE I certify that on this 18 th day of April, 2016, pursuant to 14 CFR §§ 16.15 and 16.13(h), I caused a copy of the foregoing Consent Motion of Complainants for Extension of Time to be

served via electronic mail on the below-named counsel:

Daniel Blaufus, Esq. General Counsel Ian Whitlock, Esq. Deputy General Counsel Wendy Hain, Esq. Assistant General Counsel THE PORT OF PORTLAND 7200 NE Airport Way Portland, OR 97218 dan.blaufus@portofportland.com ian.whitlock@portofportland.com wendy.hain@portofportland.com 503-415-6062 (T) 503-944-7080 (F) Pablo O. Nüesch, Esq. SPIEGEL & MCDIARMID LLP 1875 Eye Street, NW Suite 700 Washington, DC 20006 pablo.nuesch@spiegelmcd.com 202-879-4000 (T) 202-393-2866 (F)

/s/ M. Roy Goldberg M. Roy Goldberg