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 byUnited Airlines, Inc. ("complainant") against The PortAuthority ofNewYork and NewJersey ("respondent") filed under the Rules of Practice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code ofFederal Regulations ("14 CFR Part 16"), has been docketed by the Federal Aviation Administration's (FAA) Office ofthe ChiefCounsel, as DocketNo. 16-14-13, on December 19,2014.

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 admitthe allegations made inthe complaint, and shall assert any affirmative defenses.

In lieu ofan answer, the respondent may file a motion to dismiss the complaint or a motion for summaryjudgment onthe complaint. 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 ofdocketing. See 14 CFR 

### § 16.26. Ifsuch a motion is filed under § 16.26, an answer must be filed within 20 days ofthe date ofservice ofan FAA order denying all orpart ofthat motion. See 14 CFR 

### § 16.23 (d).

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 upon to substantiate the answers, admissions, denials, or averments made. See 14 CFR 

### § 16.23 (g) and (i). Amendments or supplements to the pleadings will notbe allowed without showing good cause through a motion and supporting documents. See 14 CFR § 16.23 

### G).

All documents filed withthe FAA inthis proceeding shall be served (and include a certificate ofservice) bythe persons filing them on all 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 and 16.15. With the exception ofelectronic filing or unless otherwise specified, an executed original and three copies ofeach document shall be filed with the Part 16 Docket Clerk. One ofthe three copies shall not be stapled, bound or hole-punched. See 14 CFR 

### § 16.13(c).Pursuant to 14 CFR § 16.13(h), electronic filing ofPart 16 documents is permitted under the following guidelines:

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must containthe names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 1 0 MB.

• E-mail filings shall be sent to the FAA Docket Clerk at 9-AWA-AGC-Part16@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 CFR §16.15.) The FAAwill notprovide any acknowledgement or receipt to parties filing electronically.

• A party filing electronically mustprovide 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 itselfofelectronic filing as described in this document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any other means from the opposing party or FAA. 2

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as electronic by or via e-mail. In regard to computation of time, the date ofthe e-mail is not included in the computation oftime under this part. See 14 CFR 

### § 16.17 (a). Parties will start the count as ofthe day following the date the e-mail was sent. 1

The Department ofTransportation (DOT) uses the 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 unboundand withouttabs. Exhibit numbers in unbound copies should be noted on the first page ofeach exhibit or in divider pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for public viewing.

Jonathan W. Cross Manager, Airport LawBranch Office ofthe ChiefCounsel

1Please note- this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 16.13 (a), (b), and (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.CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 19,2014, 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:

Counsel for Complainant

Keith J. Harrison, Esq. Gerald F. Murphy, Esq. Steven J. Seiden, Esq. CROWELL & MORING LLP I00I PennsylvaniaAvenue, NW Washington, DC 20004

RobertS. Span, Esq. Alan K. Steinbrecher, Esq. Sophy Chen, Esq. STEINBRECHER & SPAN LLP 1155 F Street, N.W., Suite 1050 Washington, DC 20004

Counsel for Respondent

Carlene V. Mcintyre, Esq. Assistant General Counsel Port Authority ofNew York andNew Jersey 225 Park Avenue South, 15th Floor New York, NY I0003

Hand-Delivered to:

FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis, ACO-l00



# {!/LtL~ Christopher Huch 

## 7 Airports & Environmental Law Division FAA Office ofthe ChiefCounsel 3