U.S. Department 

of Transportation 

Federal Aviation 

Administration 

February 20,2015 

Mr. Daniel Rogers 

245 Industrial Park Road 

Franklin, NC 28734 

Office of the Chief Counsel 800 Independence Ave., S.W. 

Washington, D.C. 20591 

Re: Rogers v. Macon County Airport; FAA Docket No. 16-15-04 

Dear Mr. Rogers: 

We have determined the above-captioned complaint, filed by you against the respondent, the 

Macon County Airport, to be incomplete under 14 C.F.R. part 16. 

Under 14 C.F.R. § 16.23(b), complainants must (1) state "the specific provisions of each Act 

that the complainant believes were violated"; (2) provide "a concise but complete statement 

of the facts relied upon to substantiate each allegation"; (3) provide "all documents then 

available in the exercise of reasonable diligence ... in support of the complaint"; and ( 4) 

describe "how the complainant was directly and substantially affected by the things done or 

omitted to be done by the respondents." 

You submitted a complaint that lists various inoperative systems at the Macon County 

Airport and includes a statement that these conditions have been reported on NOTAMs for 

the airport. However, you do not state which provision has been violated or provide sufficient 

detail or documentation in support of an allegation of violation. Aside from a statement that 

you have landed at this airport, your complaint contains no discussion as to how you are 

directly and substantially affected by alleged noncompliance. 

Furthermore, under 14 C.F.R. § 16.21, prior to filing a part 16 complaint, a person directly 

and substantially affected by the alleged noncompliance must engage in good faith efforts to 

resolve the disputed matter informally with those individuals or entities believed responsible 

for the noncompliance. The FAA will not consider a complaint under part 16 unless it 

certifies that: 

(1) The complainant has made substantial and reasonable good faith efforts to 

resolve the disputed matter informally prior to filing the complaint; and 

(2) There is no reasonable prospect for practical and timely resolution of the 

dispute. 
Efforts to resolve informally should be relatively recent and be demonstrated by pertinent 

documentation. 

2 

Your complaint does not include the express certification required under§ 16.21. Your 

complaint also does not include any records of formal or informal correspondence, records of 

meetings, or email messages demonstrating your efforts to resolve the disputed matter. 

Again, under § 16.23, the complaint must include all documents then available in the 

exercise of reasonable diligence necessary to support the complaint. 

Your complaint is dismissed without prejudice as incomplete under 14 C.P.R. § 16.27. You 

may file a new complaint that corrects the deficiencies noted above. Part 16 docket number 

16-15-04 is hereby closed. 

Should you have any questions on this matter, please contact me at (202) 267-3199 or the 

Office of Airports at (202) 267-3085. 

Sincerely, 

obert A. Hawks 

Attorney, Airport Law Branch 

Office of the Chief Counsel 

cc: Macon County Airport Authority 

Miles Gregory, Chairman 

325 Westgate Plaza 

Franldin, NC 28734 

Part 16 Proceedings Docket