U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Please be advised that the complaint filed by Safer Medical of Montana and George Ackerson 

("complainant") against City of Fort Benton, Montana and Chouteau County, Montana 

("respondents") 1 filed under the Rules of Practice for Federally Assisted Airport Enforcement 

Proceedings, Title 14 of the Code of Federal Regulations part 16 (14 CFRpart 16), has been 

docketed by the Federal Aviation Administration's (FAA) Office of the Chief Counsel, as Docket 

No. 16-15-12, on December 3, 2015. 

The respondents are required to file an answer to the complaint within 20 days of the date of service 

of this notice. See 14 CFR § 16.23(d). The answer shall deny or admit the allegations made in the 

complaint and shall assert any affirmative defenses. 

In lieu of an answer, the respondents may file a motion to dismiss the complaint or a motion for 

summary judgment on the complaint. See 14 CFR § 16.26. The respondents may move for dismissal 

of the entire complaint or move for dismissal of specific issues from adjudication. The motion must 

be filed within 20 days after the date of service of this notice of docketing. See 14 CFR § 16.26. If 

such a motion is filed under § 16.26, an answer must be filed within 20 days of the date of service of 

an FAA order denying all or part of that motion. See 14 CFR § 16.23(d). 

The complainant may file a reply within I 0 days of the date of service of the answer. The 

respondents may file a rebuttal within 10 days of the date of service ofthe complainant's reply. See 

14 CFR § 16.23( e )-(f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by 

supporting documentation upon which the parties rely. The answer, reply, and rebuttal shall each 

contain a concise but complete statement of the facts relied upon to substantiate the answers, 

admissions, denials, or averments made. See 14 CFR § 16.23(g), (i). Amendments or supplements to 

the pleadings will not be allowed without showing good cause through a motion and supporting 

documents. See 14 CFR § 16.230). 

All documents filed with the FAA in this proceeding shall be served (and include a certificate of 

service) by the persons filing them on all parties to the proceeding, and with the Office ofthe Chief 

Counsel as follows: FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 

Independence Avenue SW, Washington, DC 20591. See 14 CFR §§ 16.13, 16.15. With the 

1 Chouteau Couuty Joint Airport Board is not an airport sponsor and is not properly named as a 

respondent. Properly named respondents in Part 16 complaints are persons who are responsible for the 

noncompliance at a federally-assisted airport. Such persons are traditionally the airport sponsor with whom 

the FAA has privity through a federal finance assistance grant agreement. [See 14 CFR §§ 16.1, 16.3 and 

13.3, 61 Fed. Reg. 53,998,54,004-54,005 (October 16, 1996).] Accordingly, the City of Fort Benton and 

Chouteau County are the only named respondents in the complaint as docketed. 
exception of electronic filing or unless otherwise specified, an executed original and three copies 

of each document shall be filed with the Part 16 Docket Clerk. One of the three copies shall not be 

stapled, bound or hole-punched. See 14 CFR § 16.13(c). 

Pursuant to 14 CFR § 16.13(h), electronic filing of part 16 documents is permitted under the 

following guidelines: 

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be 

Adobe PDF file(s). The subject line of the e-mail must contain the names of the complainant and 

respondent, as well as the FAA docket number, if assigned. The size of the email may not exceed 10 

MB. 

• E-mail filings shall be sent to the FAA Docket Clerk at 9-A W A-AGC-Part-16@faa.gov and the 

opposing party (only if the opposing party has agreed with the complainant in writing to participate 

in electronic filing; otherwise service must be made pursuant to 14 CFR § 16.15). The FAA will not 

provide any acknowledgement or receipt to parties filing electronically. 

• A party filing electronically must provide the FAA Docket Clerk and the opposing party an email address designating its representative to receive electronic pleadings and documents by e-mail. 

• A party availing itself of electronic filing as described in this document and 14 CFR § 16.13(h) 

waives its rights under part 16 to service by any other means from the opposing party or FAA. 

• A party filing electronically will include with its pleadings a certificate of service stating the 

method as electronic by or via e-mail. In regard to computation of time, the date of the e-mail is not 

included in the computation oftime under this part. See 14 CFR § 16.17(a). Parties will start the 

count as ofthe day following the date the e-mail was sent.2 

The Department of Transportation (DOT) uses the government-wide Federal Docket Management 

System (FDMS) at http://www.regulations.gov. Accordingly, if filing paper documents with the 

FAA, please ensure that at least one of the required copies is unbound and without tabs. Exhibit 

numbers in unbound copies should be noted on the first page of each exhibit or in divider 

pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for 

public viewing. 

EliZa~th Newman 

Senior Attorney, Airport Law Branch 

Office of the Chief Counsel 

2 Please note: This paragraph exempts only the parties from the filing requirements under 14 CPR § 

16.13(a)-( c). If a party subsequently decides to "opt-out" of electronic filing, it must notifY the P AA 

Docket Clerk and opposing party in writing. See 14 CPR§ 16.13(h)( 4). The electronic filing method may 

be used in lieu of or in addition to the existing requirements set forth in part 16. 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on December 3, 2015, I caused to be placed in the United States 

Mail (first class mail, postage paid) or personally delivered a true copy of the foregoing 

NOTICE OF DOCKETING addressed to: 

Counsel for Complainant 

Adrian Miller 

HOLLAND & HART LLP 

401 North N. 31st Street 

Suite 1500 

Billings, MT 59101 

Counsel for Respondents 

Jordan Crosby 

UGRIN, ALEXANDER, ZADICK, & HIGGINS, P.C. 

#2 Railroad Square 

Suite B 

P.O. Box 1746 

Great Falls, MT 59403 

Stephen Garmon 

County Attorney 

CHOUTEAU COUNTY 

1309 Franklin Street 

Fort Benton, MT 59442 

Hand-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis (AC0-1 00) 

Christopher Hue 

Airports & Environmental Law Division 

FAA Office of the Chief Counsel