BEFORE THE UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

AIR TRANSPORT ASSOCIATION OF 

AMERICA, INC. d/b/a AIRLINES FOR 

AMERICA, et al., 

 

Complainants, 

 

v. Docket No. 16-16-04 

 

PORT OF PORTLAND, OREGON, 

Respondent. 

MOTION OF THE PORT OF PORTLAND 

FOR AN EXTENSION OF TIME 

Designated for service of process: 

Daniel Blaufus, Esq. 

General Counsel 

Ian Whitlock, Esq. 

Deputy General Counsel 

Wendy Hain, Esq. 

Assistant General Counsel 

THE PORT OF PORTLAND

7200 NE Airport Way 

Portland, OR 97218 

Email: dan.blaufus@portofportland.com 

ian.whitlock@portofportland.com 

wendy.hain@portofportland.com 

Phone: 503-415-6062 

Fax: 503-944-7080 

Pablo O. Nüesch, Esq. 

SPIEGEL & MCDIARMID LLP 

1875 Eye Street, NW 

Suite 700 

Washington, DC 20006 

Email: pablo.nuesch@spiegelmcd.com 

Phone: 202-879-4000 

Fax: 202-393-2866 

March 3, 2016
BEFORE THE UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

AIR TRANSPORT ASSOCIATION OF 

AMERICA, INC. d/b/a AIRLINES FOR 

AMERICA, et al. 

 

Complainants, 

 

v. Docket No. 16-16-04 

 

PORT OF PORTLAND, OREGON, 

Respondent. 

MOTION OF THE PORT OF PORTLAND 

FOR AN EXTENSION OF TIME 

Pursuant to 14 C.F.R. §§ 16.19 and 16.11(a), the Respondent, the Port of Portland, 

Oregon (“Port”), requests leave to file and hereby files this motion for a 30-day extension of time 

in which to file its response to the Complaint in the above-captioned matter. 

In support of this motion, the Port states as follows: 

1. On February 10, 2016, the Complainants, the Air Transportation Association of 

America, Inc d/b/a Airlines for America, Alaska Airlines, Inc., American Airlines Inc., Atlas Air 

Inc., Federal Express Corporation, Hawaiian Airlines, Inc., JetBlue Airways, Southwest Airlines 

Co., United Airlines, Inc., United Parcel Service Co., and Air Canada, filed a Complaint alleging 

that Respondent is in violation of its federal obligations under 49 U.S.C. §§ 47107(b) and 47133, 

and Grant Assurance 25. On February 25, 2016, FAA issued a notice that the Complaint had 

been docketed. 
 

2 

2. Under the Part 16 procedural rules, an answer must be filed “within 20 days of the 

date of service of the FAA notification.” § 16.23(d). In lieu of answer, a motion to dismiss 

and/or a motion for summary judgment may be filed “within 20 days after the date of service of 

the FAA notification of docketing.” § 16.26. Currently, the Port’s response to the Complaint is 

due on or before March 16, 2016. 

3. This request for an extension of time is not being made to delay the proceeding. 

Complainant has raised issues that require careful analysis and proper responses. In order to 

provide a complete and comprehensive answer, the Port, working with its counsel, must compile 

the necessary evidence to present to the Agency. The undersigned, who has a number of 

preexisting commitments, has just been retained to represent the Respondent in this investigation 

and needs sufficient time to work with the Port to gather all relevant evidence and prepare a 

comprehensive response. The Port believes that a 30-day extension of time is both necessary and 

appropriate “for a fair and complete consideration of matters before the agency.” § 16.11(a). 

4. On March 2, 2016, the undersigned contacted Roy Goldberg, counsel for 

Complainants, who advised that the Complainants consent to a 30-day extension. 

5. The Part 16 procedural rules are “intended to expedite substantially the handling 

and disposition of airport related complaints” (61 Fed. Reg. 53998 (Oct. 16, 1996)), and allow 

“sponsors to seek early disposition of complaints” in order “to provide for more efficient use of 

agency and stakeholder time and resources during complaint proceedings” (78 Fed. Reg. 56136 

(Sept. 12, 2013)). Nevertheless, the rules themselves explicitly provide that an extension of time 

may be granted “where necessary or appropriate for a fair and complete consideration of matters 

before the agency.” § 16.11(a). Indeed, in the past, FAA has not been adverse to granting 

unopposed requests for extensions of time to file a response to a complaint that extended the 
deadline for several weeks. See, e.g., Ray's Flying Club v. City of Fullerton, FAA Docket 16-

04-04 (granting a 63-day extension of time to file an answer); NBAA v~ City of Santa Monica, 

FAA Docket 16-03-11 (granting a cumulative 74-day extension oftime to file an answer). 

CONCLUSION 

For the foregoing reasons, the Port hereby respectfully requests a 30-day extension of 

time in which to file its response in this investigatory proceeding, so that the Answer, or in the 

alternative a Motion to Dismiss or Motion for Summary Judgment, will be due on or before 

Friday, April 15, 2016. 

March 3, 2016 

Respectfully submitted, 

Ao 

Pablo 0. Nuesch 

Anjali G. Patel 

Spiegel & McDiarmid LLP 

1875 Eye St., N.W. 

Suite 700 

Washington, DC 20006 

Email: pablo.nuesch@spiegelmcd.com 

Phone: 202-879-4000 

Fax: 202-393-2866 

Attorneys for the 

Port of Portland 

3 
Certificate of Service 

I hereby certify that in accordance with 14 CFR §§ 16.15 and 16.13(h), I have today, the 

3rd day of March, 2016, caused the foregoing Motion for Extension of Time to be served 

electronically, on the following: 

David Berg, Esq. 

Vice President & General Counsel 

Doug Mullen, Esq. 

Assistant General Counsel 

Air Transport Association of America, Inc. 

d/b/a Airlines for America 

1275 Pennsylvania Avenue, N.W. 

Suite 1300 

Washington, D.C. 20004 

(202) 626-4234 

Email: dberg@airlines.org 

dmullen@airlines.org 

Counsel for Complainants 

Roy Goldberg, Esq. 

Steptoe & Johnson LLP 

1330 Connecticut Avenue, N.W. 

Washington, D.C. 20036 

(202) 429-8028 

Email: rgoldberg@steptoe.com 

Pablo 0. Niiesch