U.S. Department ofTransportation 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 by National Business Aviation Association, Inc. on behalfofits members generally and specifically Shoreline Aviation, Inc., PlaneSense, Inc., Fly the Whale, Inc., Eastern Air Express, Inc., FL Aviation Corporation, Tuckaire, Inc., Autonomic Controls, Inc., Shoreline Aviation, Inc., Wes Rae Contracting Corporation, Eagle Air, Inc., and JETAS, Inc. ("Complainants") against the Town ofEast Hampton ("Respondent") filed under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14 ofthe Code ofFederal Regulations part 16 (14 CFR part 16), has been docketed bythe Federal Aviation Administration's (FAA) Office ofthe ChiefCounsel, as DocketNo. 16-15-08, on June 8, 2015.

The Respondent is requiredto 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 in the complaint and shall assert any affirmative defenses.

In lieu ofan answer, the Respondent may file a motion to dismiss or a motion for summary judgment. See 14 CFR § 16.26. The Respondent may move for dismissal ofthe entire complaint or move for dismissal ofspecific issues from adjudication. The motion mustbe filed within 20 days after the date ofservice ofthis notice. See 14 CFR § 16.26. The complainants may file an answer to the motion to dismiss within 10 days ofthe date the motion is served. See 14 CFR § 16.26. Ifthe FAA denies all orpart ofthe motion, Complainants must answer within 20 days ofservice ofthe FAA Order. See 14 CFR § 16.23(d). Ifthe FAA does not rule onthe motion within 30 days ofthe date that the Respondent's answer to the motion is due, the Respondent must file an answer within 20 days thereafter. See 14 CFR § 16.26(b)(5).

The Complainants may file a reply within 10 days ofthe date ofservice ofthe answer. The Respondent may file a rebuttal within 10 days ofthe date ofservice ofthe Complainants' reply. See 14 CFR § 16.23(e)-(f). The answer, reply, and rebuttal, like the complaint, must be accompanied by supporting documentation upon which the parties rely. The answer, reply, and rebuttal must 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), (i). Amendments or supplements to the pleadings will not be allowed without showing good

cause through a motion and supporting documents. See 14 CFR § 16.23G).

All documents filed with the FAA in this proceeding shall be served (and include a certificate ofservice) by the persons filing them onall 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 CFR§§ 16.13, 16.15. Withthe exception ofelectronic filing or unless otherwise specified, an executed original and three copies ofeach document shall befiled withthe Part 16 Docket Clerk. One ofthe three copies shall not be stapled, bound or hole-punched. 

### See 14 CPR § l6.13(c).

Pursuantto 14 CPR§ l6.13(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) mustbe Adobe PDF file(s). The subject line ofthe e-mail must contain the names ofthe Complainants and Respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings must be sent to the FAADocket Clerk at 9-AWA-AGC-Partl6@faa.gov and the opposing party (only ifthe opposing party has agreed with the complainant in writing to participate in electronic filing; otherwise service must be made pursuant to 14 CPR§ 16.15). The FAA will not provide any aclmowledgement orreceipt to parties filing electronically.

• A party filing electronically mustprovide the FAA Docket Clerk and the opposingparty 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 CPR§ 16.13(h) waives its rights under Part 16 to service by any other means from the opposing party or FAA.

• A party filing electronically will include withits pleadings a certificate ofservice stating the method as electronic via e-mail. Inregard to computation oftime, the date ofthe e-mail is not included inthe computation oftime under this part. 

### See 14 CPR§ 16.17\a). Parties will startthe count as ofthe day following the date the e-mail was sent.

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 the existing requirements set forth in part 16.

### The Department ofTransportation (DOT) uses the government-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 

### unbound and 

### without tabs. Exhibit numbers in unbound copies should be noted on the first page ofeach exhibit orin divider pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for public viewing.

Attorney, Airport Law Branch Office ofthe ChiefCounselCERTIFICATE OF SERVICE

I HEREBY CERTIFY that on ?. 

## 9;-Ht ;?t:?/6, I caused to be placed in the United States Mail (first class m ,postage paid) orpersonally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressed to:
Complainants

Steve Brown ChiefOperating Officer NATIONAL BUSINESS AVIATION ASSOCIATION, INC. 1200 G StreetNW Suite 1100 Washington, DC 20005

Respondent

Elizabeth Vail TownAttorney TOWN OF EAST HAMPTON 159 Pantigo Road NewTown Hall Complex East Hampton, NY 11937

Larry Cantwell Supervisor TOWN OF EAST HAMPTON 159 Pantigo RoadNew Town Hall Complex EastHampton, NY 11937

Jemille Charlton Airport Manager East HamptonAirport 200 Daniels Hole Road Wainscott, NY 11975

Hand-Deliveredto: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis, AC0-100

Christopher Huch Airports & Environmental Law Division FAA Office ofthe ChiefCounsel