W. TIMOTHY HAITHCOCK 

GLENN A. BARFIELD 

B. GEOFFREY HULSE 

REBECCA B. KINSEY 

WORTH T. HAITHCOCK II 

HAITHCOCK, BARFIELD, HULSE & KINSEY 

ATTORNEYS AT LAW , , 

2 3 1 EAST WALNUT STREE T 

POS T OFFIC E DRAWE R 7 

GOLDSBORO, NORTH CAROLINA 27533-0007 

TELEPHONE (919 ) 735-642 0 

FAX (919 ) 734-629 6 

June 11, 2009 

Mr. Jonathan Cross 

Federal Aviation Authority 

Office of the Chief Counsel 

Attn: FAA Part 16 Airport Proceedings Docket 

AGC-610 Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

c^ 

- - 1 

Re: Delbert Johnson d/b/ a Two Dogs Aviation v. 

Goldsboro-Wayne Airport Authority, Docket No. 16-08-11 

Dear Mr. Cross: 

Enclosed please find Complainant's Response to Request for 

Additional Information. 

With warmest regards, 

HAITHCOQC, BARFI 

By: G 

GAB/11 

SE & KINSEY, PLLC 

cc: Harrell Everett 

Pablo Nuesch 

Cleave Wilkins 
BEFORE THE FEDERAL AVIATION ADMINISTR 

DELBERT JOHNSON 

d/b/a TWO DOGS AVIATION, 

Complainant, 

vs. 

GOLDSBORO-WAYNE 

AIRPORT AUTHORITY, 

Respondent. 

AIRPORT/ENVIRONMENTAL 

LAW, AGC-600 

FAA Docke t No.: 16-08-11 

RESPONSE TO REQUEST FOR 

ADDITIONAL INFORMATION 

NOW COMES the Complainant, by and through undersigned counsel, 

responding to the request of the Federal Aviation Administration to answer the 

following question: 

I. Which sections of he Airport's Minimum Standards do you beUeve should be 

waived for your self-service fueling proposal? 

Attached as Exhibit A is a table listing by section number and description the "Minimum 

Standards" the Complainant believes should be waived by the GWAA in regards to the 

Complainant's proposal to install and operate a commercial self-service avgas fueling station. 

In requesting these waivers, the Complainant is guided by certain relevant considerations. 

First, the very nature of a commercial self-service avgas installation make a number of the 

"Minimum Standards" inapplicable and irrelevant to the proposed business. The purpose of a 

self-service facility is to allow pilots and aircraft owners to safely and conveniently fuel their 

own aircraft without the necessity or cost of a full-time attendant. Second, the GWAA has never 

actually required any FBO to conform to the purported "Minimum Standards", and has permitted 

the other FBO offering fuel sales to waive for itself any "Standard" with which it does not wish 

1 
to comply. The Complainant should not be required to conform to any set of "Minimum 

Standards", where no other FBO has been required to do so. Thirdly, the GWAA has taken a 

position in its filings in this matter that it has waived various and sundry "Standards" for SIG 

Aviation, particularly the requirements that an FBO selling aviation petroleum products must 

provide certain other services, on the ground that those other services were already being 

provided by other vendors at the airport. The same reasoning should be applied to the 

Complainant's proposal, and Complainant should not be required to provide any services which 

are already available from other vendors at the airport, including SIG Aviation. 

WHEREFORE the Complainant submits this response to the FAA's Request for 

Additional Information. 

This the ni^a y of June, 2009. 

HAITHCOCK, BARFIELD, Hl^SE & KINSEY, PLLC 

By: _ 

Glenn A. Barfield/ 

State Bar No. Ulho 

Attorney for Complainant 

Post Office Drawer 7 

Goldsboro, NC 27533-0007 

Telephone: 919-735-6420 

Facsimile: 919-734-6296 

E-mail: barfield@hbhklaw.com 
CERTIFICATE OF SERVICE 

The undersigned attorney hereby certifies that a copy of the foregoing Response to Request for 

Additional Information was served on the following parties to this action by: () Federal Express 

( ) hand delivery ( ) by facsimile transmission and/or (X) by depositing a copy of the same in 

the United States Mail postage prepaid and addressed to: 

Cleave Wilkins, Chairman 

Goldsboro-Wayne Airport Authority 

240 Aviation Road 

Pikeville, North Carolina 27863 

Pablo O. Nuesch 

Elaine C. Lippmann 

Speigel & McDiarmid, LLP 

1333 New Hampshire Ave., N.W. 

Washington, D.C. 20005 

Harrell Everett, Jr. 

Everett, Womble, Lawrence & Brown, LLP 

PO Drawer 10809 

Goldsboro, NC 27532-0809 

This the^^t jii, j day of June, 2009 
EXHIBIT A 

Section 

6.B. 

6.E. 

8.A. 

8.B. 

Requirement 

During all fuel operations, the 

aircraft shall be bonded to the fuel 

truck. 

Self-fueling by any method is 

prohibited without the express 

written consent of the airport 

manager. All requests for selffueling will be reviewed for safety 

and EPA considerations. Approval 

for self-fueling shall not be 

unnecessarily withheld. 

All fixed base operations at the 

Airport shall be full-time, 

progressive business enterprises, 

with manned office facilities at the 

Airport during all business hours. 

Fixed base operators providing sale 

of aviation petroleum products shall 

also be required to meet the 

minimum standards and offer the 

services hsted in Sections 8.I., 8.J., 

8.K., 8.L. Such operators may, at 

their option, engage in other 

aeronautical activities by qualifying 

to meet the associated minimum 

standards for the aeronautical 

services involved. 

Reason 

This implies that refueling may only be 

accomplished safely via a truck - the method 

of fueling SIG Aviation has chosen. We intend 

to use a fiiel dispenser, credit card reader, and 

large tank; an industry standard grounding 

cable with instructions will adequately 

substitute for this requirement. 

The Airport Manager - SIG Aviation - is also 

the competitor. Requiring every customer who 

wishes to access the commercial self-service 

installation to obtain written consent of the 

competing vendor presents an obvious 

commercial conflict of interest. Such a 

requirement would also contravene one 

purpose of a self-service installation, 

convenience to the customer. This 

requirement seems intended to apply only to 

individuals bringing fuel onto the airport for 

their own use, and is not sensibly applied to a 

commercial facility. It is also not apparent that 

the Airport Manager has any special expertise 

with which to evaluate safety or EPA issues. 

The point of self-service is that neither an 

attendant nor the associated costs are necessary 

to the process. The "office" of a self-service 

fueling operation would be the hiel delivery 

pump and credit card machine itself; it would 

not require an additional building and human 

sitting in it, and would be available 24 hours 

per day. Personnel would be on call to provide 

maintenance and repair of the facility as 

needed. 

Not required of SIG Aviation, and such 

services are already provided by other vendors, 

which the GWAA has said justify waiving 

these requirements for SIG. 
8.C. 

8.E. 

8.1.1. 

8.1.2 

8.L3 

8.1.4 

No persons or fixed base operators 

other than the operators qualifying 

imder Section 8.B. will be permitted 

to sell aviation petroleum products. 

All other fixed base operators may 

engage in such other aeronautical 

services as they may qualify 

themselves for in accordance with 

these regulations and their lease 

agreements. 

Fixed base operators must show 

financial solvency and business 

ability to the satisfaction of the 

Owner 

Hard surface ramp space accessible 

by taxiway with electric pumps and 

tank storage having a capacity equal 

to the minimum tank truck load 

deliverable for 100 grade aviation 

fuel and, provide standard jet fuel. 

Properly trained line personnel on 

duty who are readily accessible. 

Proper equipment for repairing and 

inflating aircraft tires, servicing oleo 

struts, changing engine oil, washing 

aircraft and aircraft windows and 

windshields, and for recharging or 

energizing discharged aircraft 

batteries. 

Adequate towing equipment and 

parking and tie-down area to safely 

and 

efficiently move aircraft and store 

them in all reasonably expected 

weather 

conditions. 

See above. 

No other FBO has been required to meet 

financial standards, and as stated this 

requirement allows the GWAA impose 

arbitrary judgments without fonnal evaluation 

or criteria. The GWAA first denied my 

application on the unsupported claim of lack of 

financial viability, but has since withdrawn 

that objection. In neither objecting or 

withdrawing the objection was any formal 

financial analysis made. 

We do not wish to provide jet fuel. The 

GWAA has justified hs waivers for SIG on the 

ground that other vendors provided the 

services waived. SIG Aviation already 

provides jet fuel. There are only 2 jets at the 

airport and one is owned by SIG Aviation 

Self-service avgas does not require line 

personnel; the credit card reader and dispenser 

are very well trained. Personnel for 

maintenance and service would be available 

on-call. Line service is already provided by 

SIG Aviation. 

Not required of SIG Aviation. Provided by 

Woods Aviation. 

Not expected by the public for self-service 

avgas. All public hangar space has been leased 

by the airport to Sig Aviation, Wayne 

Community College, and Woods Aviation. 

SIG Aviation has numerous unfilled hangar 

spots in violation of 8.G. "Land available for 

commercial aeronautical activities is a valuable 
8.1.5 

8.L 

8.K. 

8.L. 

9.A. 

Adequate inventory of generally 

accepted grades of aviation engine 

oil and lubricants. 

Aircraft Maintenance and Repair. 

[And all subparagraphs.] 

Flight Training. All persons 

conducting flight training activities 

shall provide: [And all 

subparagraphs.] 

Aircraft Charter and Taxi Service 

[And all subparagraphs.] 

Any applicant wishing to establish 

an aeronautical activity on the 

Airport shall be furnished a copy of 

these minimum standards, as 

amended, and shall make 

application in writing to the Owner, 

setting forth in detail the following: 

[And all subparagraphs.] 

and limited commodity. It is the policy of the 

Owner that no land areas or building space in 

excess of present and foreseeable requirements 

will be leased to any fixed base operator. 

Additional areas will be made available to 

operators on the basis of need and 

availability." We should not be forced to 

sublease unused hangar space from SIG 

Aviation at a substantially higher price than 

SIG Aviation pays to meet this requirement. 

Not expected of self-serve avgas. Not provided 

by SIG Aviation. Provided by Woods 

Aviation. 

Not expected of self-serve avgas. Not required 

of SIG Aviation. Provided by Woods Aviation. 

Not required of SIG Aviation. Provided by 

Wayne Aviation. Although we provide flight 

training, this should not be required. 

Not required of SIG Aviation. Not provided by 

anyone at the airport and no community 

requirement/market exists. 

Although not required of any other business on 

the airport, required of me and completed.