U.S. Department of Transportation Federal Aviation Administration Office ofthe Chief Counsel

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

Please be advised that the complaint filed on behalfofWilliam Alfred Hicks ("Complainant") against the City ofMount Airy and Surry County through the Mount Airy/Surry County Airport Authority ("Respondents") filed under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14 ofthe Code ofFederal Regulations part 16 (14 CPRpart 16), has been docketed by the Federal Aviation Administration's (FAA) Office ofthe ChiefCounsel, as Docket No. 16-15-07, on May 26, 2015. The Respondents are required to file an answer to the complaint within 20 days ofthe date of service ofthis notice. See 14 CPR§ 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 motion to dismiss the complaint or a motion for summaryjudgment on the complaint. See 14 CPR§ 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 CPR § 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. See 14 CPR§ 16.23(d). The Complainant may file a reply within 10 days ofthe date ofservice ofthe answer. The Respondents may file a rebuttal within I0 days ofthe date ofservice ofthe Complainant's reply. See 14 CPR 

### § 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 upon to substantiate the answers, admissions, denials, or averments made. See 14 CPR 

### § 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 CPR § 16.23(j). All documents filed with the FAA in this 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 CPR §§ 16.13, 16.15. With the 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 CPR§ 16.13( c).Pursuantto 14 CFR 

### § 16.13(h), electronic filing ofpart 16 documents is permittedunder 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 ofthe e-mail must containthe 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 sent to the FAA Docket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainant in writing to participate in electronic filing; otherwise service mustbe made pursuant to 14 CFR 

### § 16.15). The FAAwill not provide any acknowledgement or receiptto parties filing electronically.
• A partyfiling electronically mustprovide 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 inthis 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. 2

• 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 inthe 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 government-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffiling paper documents withthe FAA, please ensure that at least one ofthe required copies is unboundand without tabs. Exhibit numbers in unbound copies should be noted on the first page ofeach exhibit or in divider pages. The FAAwill forward all electronic submissions (like the paper submissions) to FDMS for public viewing. 

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**!{__~** bertA. Hawks 1

- Attorney, Airport LawBranch Office ofthe ChiefCounsel

1 This paragraph exempts only the parties from the filing requirements under 14 CFR § 16.13(a)-(c). Ifa party 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 tbe existing requirements set forth in part 16.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on
**L':""'~~":""J-!2':=~~~** United States Mail (fust class mail, p foregoing NOTICE OF DOCKETING ad Counsel for Complainant Randolph M. James Randolph M. James, P.C. P.O. Box 20069 Winston-Salem, NC 27120 Respondent John Springthorpe Chairman MOUNT AIRY/SURRY COUNTY AIRPORT AUTHORITY 146 Howard Woltz Jr. Way Mount Airy, NC 27030 Hand-Delivered to: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis (AC0-100) 3



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# ~**~** Airports & Environmental LawDivision FAA Office ofthe ChiefCounsel