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



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

Please be advisedthat the complaint filed on behalfofthe AirTransport Association of America, Inc. d/b/a Airlines for America, et al. ("Complainants") against the Port ofPortland ("Respondent") filed under the Rules ofPractice for Federally AssistedAirport Enforcement Proceedings, 14 CFRpart 16, has been docketed bythe Federal Aviation Administration's (FAA) Office ofthe ChiefCounsel, as Docket No. 16-16-04, on February 25, 2016. The Respondent is required to file an answer to the complaint within 20 days ofthe date of service 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 Respondent may file a motion to dismiss the complaint or a motion for sununaryjudgment onthe complaint. See 14 CFR § 16.26. The Respondent may move for dismissal ofthe entire complaint or move for dismissal ofspecific issues from adjudication. The motion mustbe filed within 20 days after the date ofservice ofthis notice ofdocketing. See 14 CFR § 16.26. Ifsuch a motion is filed under§ 16.26, an answer must be filed within 20 days ofthe date ofservice ofan FAA order denying all or part ofthat motion, or within 50 days ofthe date ofservice ofthe motion ifthe FAA does not act on the motion. See 14 CFR §§ 16.26(b)(4)-(5); 16.26(c)(4)-(5). The Complainants may file a reply within 10 days ofthe date ofservice ofthe answer. The Respondent may file a rebuttal within 1 0 days ofthe date ofservice ofthe Complainants' reply. See 14 CFR § 16.23(e)-(f). The answer, reply, and rebuttal, like the complaint, shall 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 on 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 ofservice) by the persons filing them on all parties to the proceeding, and with the Office of the ChiefCounsel 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 exception ofelectronic filing orunless otherwise specified, an executed original and three copies ofeach document shall be filed withthe Part 16 Docket Clerk. One ofthe 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 ofpart 16 documents is permitted under the following guidelines: 2

• 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 complainants and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings shall be sent to the FAADocket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainants in writing to participate in electronic filing; otherwise service must be made pursuantto 14 CFR 

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

• A party filing electronically must provide the FAA Docket Clerk and the opposing party an e-mail 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 or FAA.

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as electronic by or via e-mail. Inregard to computation of time, 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. 1
The Department ofTransportation (DOT) uses the goverument-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents with the FAA, please ensure that at least one ofthe reqnired 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. The FDMS docket number is**FAA-2016-~.**

j Robert A. Hawks Attorney, Airport LawBranch Office ofthe ChiefCounsel

1 This paragraph exempts only the parties from the filing requirements under 14 CFR § 16.13(a)-(c). Ifaparty subsequently decides to "opt-out" ofelectronic filing, it must notifY the FAA Docket Clerk and opposing party in writing. 

### See 14 CFR § 16.13(h)(4). The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth in part 16.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on 

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# /0 ,I caused to be emailed and placed inthe United States Mail (first class mail!postage paid) a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:
Counsel for Complainants
David Berg, Vice President & General Counsel Doug Mullen, Assistant General Counsel Air Transport Association ofAmerica, Inc. d/b/a Airlines for America 1275 Pennsylvania Ave. NW Suite 1300 Washington, DC 20004 E: dberg@airlines.org; dmullen@airlines.org Roy Goldberg Steptoe & Jolmson LLP 1330 Connecticut Ave NW Washington DC 20036 E: rgoldberg@steptoe.com Respondent
DanBlaufus, Esq., General Counsel Ian Whitlock, Esq., Counsel The Port ofPortland 7200 NE Airport Way Portland, OR 97218 E: dan.blaufus@portofportland.com; ian.whitlock@portofportland.com
HAND-DELIVERED TO:
FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis (ACO-l00)

Christopher Huch Airports & Environmental LawDivision FAA Office ofthe ChiefCounsel 3