U.S. Department ofTransportation Federal Aviation Administration



### NOTICE OFDOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

Please be advised that the complaintbrought by the National Business Aircraft Association et al. ("Complainants") against the City ofSanta Monica("Respondent") and filed in accordance with the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, 14 CFR Part 16, has been docketed bythe FAA Office ofthe ChiefCounsel, as DocketNo. 16-14-04 on July 17,2014. The Respondentis 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 defense. The answer may include a motionto dismiss the complaint or any portion thereof, with a supporting memorandum of points and authorities. See 14 CFR § 16.23(h) and 

### G). The Complainantmay file a reply within 10 days ofthe date ofservice ofthe answer. The Respondent may file a rebuttal within 10 days ofthe date ofservice ofthe 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 ofthe facts relied uponto 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 ofservice) by the persons filing them on all parties to the proceeding, and onthe FAA at the FAA Part 16 Airport Proceedings Docket, AGC-610, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC, 20591. See 14 CFR §§ 16.13 and 16.15. Unless otherwise specified, an executed original 

### andthree (3) copies ofeach and every document shall be filed with the FAA Part 16 Airport Proceedings Docket. See 14 CFR § 16.13(c). Electronic filing ofPart 16 documents is not currently permittedby regulation; however, the FAA is now in the process ofdeveloping an internal electronic docketing system that would permitparties 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 servicemustbe made pursuant to 14 CFR §16.15.) The FAA will notprovide any acknowledgement orreceipt to parties filing electronically.

• The size ofthe email may not exceed 4MB.

• A party filing electronicallymust provide theFAA 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 itselfto filing electronically as described inthis document waives its rights under Part 16 to service by any othermeans 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 viae-mail. In regard to computation of time, the date ofthe e-mail is notincluded inthe computation oftime under this part. See 14 CFR § l6.17(a). Parties will start the count as ofthe day following the date the e-mail was sent. 1
The Department ofTransportation (DOT) uses the govermnent-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 required copies is unboun nd withouttabs. Exhibit numbers in unbound copies should benoted on the first p e ofeach exhibit orin divider pages. The FAA will forward all electronic subm· si s (like the paper submissions) to FDMS for public viewing.

Attorney, Airports LawBranch, AGC 610 Office ofthe ChiefCounsel Federal AviationAdministration 800 Independence Avenue SW Washington, DC 20591 (202) 267-9676

1Please note, this paragraph only exempts the parties from the filing requirements under 14 CFR § § 16. 13 (a), (b), and (c). Ifaparty subsequently decides to "opt-out" ofelectronic filing, itmust notifY the FAA Docket Clerk and opposing party in writing. The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth in Part 16. Ifduring the pendency ofthis proceeding, electronic service is discontinued, the FAA Office ofChiefCounsel will advise the parties in writing.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 

## ··17 ,2014, I caused to be placed inthe United States Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:
Richard Simon 1700 Decker School Lane Malibu, CA 90265 Counsel for Complainants
Marsha Moutrie CityAttorney 1685 Main Street, Room 310 SantaMonica, CA 90401 Respondent
FAA Part 16 Airport Proceedings Docket (AGC-610)

S aronLong Airports & Environmen Law Division FAA Office ofthe ChiefCounsel