U.S. Department ofTransportation Federal Aviation Administration Office ofthe Chief Counsel

NOTICE OF DOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

Please be advisedthatthe complaint filed by Safer Medical ofMontana and George Ackerson ("complainant") against City ofFort Benton, Montana and Chouteau County, Montana ("respondents") 1 filed under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14 ofthe Code ofFederal Regulations part 16 (14 CFRpart 16), has been docketed bythe Federal Aviation Administration's (FAA) Office ofthe ChiefCounsel, as Docket No. 16-15-12, on December 3, 2015. The respondents are required to file an answer to the complaint within 20 days ofthe date ofservice ofthis notice. See 14 CFR § 16.23(d). The answer shall deny or admit the allegations made inthe complaint and shall assert any affirmative defenses. In lieu ofan answer, the respondents may file a motionto dismiss the complaint or a motion for summaryjudgment on the complaint. See 14 CFR § 16.26. The respondents may move for dismissal ofthe entire complaint or move for dismissal ofspecific issues from adjudication. The motion must be filed within 20 days after the date ofservice ofthis notice ofdocketing. See 14 CFR § 16.26. If such a motionis filed under 

### § 16.26, an answer must be filed within 20 days ofthe date ofservice of an FAA order denying all or part ofthat motion. See 14 CFR 

### § 16.23(d). The complainant may file a reply within I0 days ofthe date ofservice ofthe answer. The respondents may file a rebuttal within 10 days ofthe date ofservice 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 whichthe parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthe 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 inthis 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. Withthe

1 Chouteau Couuty JointAirport Board is not an airport sponsor and is notproperly 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 privitythrough 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 ofFort Benton and Chouteau County are the onlynamed respondents in the complaint as docketed.exception ofelectronic filing orunless otherwise specified, an executed original and three copies ofeach document shall be filed with the Part 16 Docket Clerk. One ofthe three copies shall not be stapled, bound orhole-punched. See 14 CFR 

### § 16.13(c). Pursuant to 14 CFR 

### § 16.13(h), electronic filing ofpart 16 documents is permitted underthe following guidelines:

• Parties may send e-mails containing theirpleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must contain the names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10 MB.

• E-mail filings shall be sentto the FAADocket Clerk at 9-A WA-AGC-Part-16@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainant inwriting to participate in electronic filing; otherwise service must be made pursuant to 14 CFR 

### § 16.15). The FAAwill not provide any acknowledgement or receipt to parties filing electronically.

• A party filing electronically mustprovide 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 itselfofelectronic 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 orFAA.
• A partyfiling electronically will include with its pleadings a certificate ofservice stating the method as electronicby or via e-mail. Inregard to computation oftime, the date ofthe 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 ofTransportation (DOT) uses the government-wide Federal DocketManagement System (FDMS) athttp://www.regulations.gov. Accordingly, iffiling paper documents with the FAA, please ensure that at least one ofthe required copies is unbound and withouttabs. Exhibit numbers in unbound copies should be noted on the first page ofeach 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 LawBranch Office ofthe ChiefCounsel

2 Please note: This paragraph exempts only the parties from the filing requirements under 14 CPR § 16.13(a)-(c). Ifa party subsequently decides to "opt-out" ofelectronic filing, it must notifY the PAA Docket Clerk and opposing party in writing. See 14 CPR§ 16.13(h)(4). The electronic filing method may be used in lieu ofor in addition to the existing requirements setforth in part 16.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 3, 2015, I caused to beplacedinthe United States Mail (first class mail, postage paid) orpersonally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to: Counsel for Complainant Adrian Miller HOLLAND & HART LLP 401 NorthN. 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 FortBenton, MT 59442 Hand-Delivered to: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis (AC0-100)

Christopher Hue Airports & Environmental Law Division FAA Office ofthe ChiefCounsel