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 COMPLAINANTS 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.com 
1 

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 COMPLAINANTS 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, Inc., American Airlines, Inc., Atlas Air, Inc., 

Federal Express Corporation, Hawaiian Airlines, Inc., JetBlue Airways, Inc., Southwest Airlines 

Co., United Airlines, Inc., United Parcel Service 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, Complainants state the following: 

1. On February 10, 2016, Complainants filed a Complaint alleging that the Port is in 

violation of its federal obligations 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 procedural rule § 16.23(d), a respondent’s answer must be 

filed “within 20 days of the date of service of the FAA notification.” Accordingly, the Port’s 

answer to the Complaint was initially 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 which 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 procedural rule § 16.23(e), a complainant “may file a reply 

within 10 days of the date of service of the answer.” Accordingly, Complainants’ 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 expedite substantially the handling and 

disposition of airport-related complaints, procedural rule § 16.11(a) provides that, under the 

authority of 49 U.S.C. 40113 and 47121, the Director 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 appropriate 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) coordinate the Complainants' reply 

with the member airlines of Airlines for America, which are all co-Complainants; and (3) 

address other preexisting projects, deadlines and commitments. 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 Complainants if they are unable, within 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 extensions 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 extension 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, the lack of prejudice to, and consent of, Respondent Port of 

Portland, and in the interest of developing a full 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 that its reply will be filed 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.com 
CERTIFICATE OF SERVICE 

I certify that on this 18th 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