U.S. Department 

of Transportation 

Federal Aviation 

Administration 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Please be advised that the complaint brought by the National Business Aircraft Association et 

al. ("Complainants") against the City of Santa Monica ("Respondent") and filed in 

accordance with the Rules of Practice for Federally Assisted Airport Enforcement 

Proceedings, 14 CFR Part 16, has been docketed by the FAA Office of the Chief Counsel, as 

Docket No. 16-14-04 on July 17,2014. 

The Respondent is 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 defense. The answer may include a 

motion to dismiss the complaint or any portion thereof, with a supporting memorandum of 

points and authorities. See 14 CFR § 16.23(h) and G). 

The Complainant may file a reply within 10 days of the date of service of the answer. The 

Respondent may file a rebuttal within 10 days of the date of service of the Complainant's 

reply. See 14 CFR § 16.23( e) and (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) and (i). 

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 on the FAA at the 

FAA Part 16 Airport Proceedings Docket, AGC-61 0, Federal Aviation Administration, 800 

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

Unless otherwise specified, an executed original and three (3) copies of each and every 

document shall be filed with the FAA Part 16 Airport Proceedings Docket. See 14 CFR § 

16.13(c). 

Electronic filing of Part 16 documents is not currently permitted by regulation; however, the 

FAA is now in the process of developing an internal electronic docketing system that would 

permit parties to file documents in Part 16 actions. As an exception to the paragraph above, 

the parties named in this case may elect to file the remaining pleadings (answer, reply, 

rebuttal, and motions) electronically under the following guidelines: 

• Parties may send e-mail containing their pleadings as an attachment. The 

attachment(s) shall be Adobe PDF file(s). E-mail filings shall be sent to the FAA 

Docket Clerk at 9-AWA-AGC-Pmi-16@faa.gov and the opposing party (only if 

the opposing party has agreed 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. 

• The size of the email may not exceed 4MB. 

• 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 itself to filing electronically as described in this document 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 of time under this 

part. See 14 CFR § l6.17(a). Parties will start the count as of the day following 

the date the e-mail was sent. 1 

The Department of Transportation (DOT) uses the govermnent-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 

unboun nd without tabs. Exhibit numbers in unbound copies should be noted on the 

first p e of each exhibit or in divider pages. The FAA will forward all electronic 

subm· si s (like the paper submissions) to FDMS for public viewing. 

Attorney, Airports Law Branch, AGC 610 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

(202) 267-9676 

1 Please note, this paragraph only exempts the parties from the filing requirements under 14 CFR § § 

16. 13 (a), (b), and (c). If a party subsequently decides to "opt-out" of electronic filing, it must notifY 

the FAA Docket Clerk and opposing party in writing. The electronic filing method may be used in 

lieu of or in addition to the existing requirements set forth in Part 16. If during the pendency of this 

proceeding, electronic service is discontinued, the FAA Office of Chief Counsel will advise the 

parties in writing. 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on July ··17 , 2014, 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: 

Richard Simon 

1700 Decker School Lane 

Malibu, CA 90265 

Counsel for Complainants 

Marsha Moutrie 

City Attorney 

1685 Main Street, Room 310 

Santa Monica, CA 90401 

Respondent 

FAA Part 16 Airport Proceedings Docket (AGC-610) 

S aronLong 

Airports & Environmen Law Division 

FAA Office of the Chief Counsel