U.S. Department ofTransportation Federal Aviation Administration



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

Please be advised that the complaint filed byBetter Airports, LLC, eta/. ("complainants") against the Wahoo Airport Authority ("respondent") filed under the Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code ofFederal Regulations (" 14 CPRPart 16"), has beendocketed by the Federal Aviation Administration's Office ofthe ChiefCounsel, as DocketNo. 16-14-08 on October 27,2014.

The respondent is required to file an answer to the complaint within 20 days ofthe date of service ofthis notice. See 14 CPR §16.23 (d). The answer shall deny or admit the allegations made in the complaint, and shall assert any affirmative defense. The answer may include a motionto dismiss the complaint or anyportion thereof, with a supporting memorandum of points and authorities. See 14 CPR§ 16.23 (h) and 

### G). (16.26)

Pursuantto the procedures set forth in 14 CPR § 16.26, the respondent may file a motion to dismiss the complaint or a motion for surmnaryjudgment onthe complaint. The respondent may move for dismissal ofthe entire complaint ormove for dismissal ofspecific issues from adjudication. The motion must be filed within 20 days after the date ofservice ofthis notice ofdocketing. See 14 CPR § 16.26. Ifsuch a motion is filed under 14 CPR § 16.26, an
answer must be filed within 20 days ofthe date ofservice ofan FAA order denying all or part ofthat motion. See 14 CPR § 1l6.2%:@F

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 CPR § 16.23( e) and (f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by**supportij:!~ ~!?.tmu7ntation**  upon which the parties rely. The answer, reply, and rebuttal shall each contain a concise butcomplete statement ofthe facts relied upon to substantiate the answers, admissions, denials, or averments made. See 14 CPR § 16.23 (g) and (i). Amendments or supplements to the pleadings will not be allowed without showing good cause through a motion and supporting documents. See 14 CPR § 16.23 

### G).

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 on the FAA at the Office ofthe ChiefCounsel, Attention: FAAPart 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 Independence Avenue SW
., Washington, DC 20591. See 14 CPR§§ 16.13 and 16.15. Unless otherwise specified, an executed original 

### andthree (3) copies ofeach and every document shal' be filed with the FAA Part 16 Docket Clerk. See 14 CPR§ 16.13(c).Pursuant to 14 CFR 

### § 16.13(h), electronic filing ofPart 16 documents is permitted under the following guidelines:

'-'·' :·;**~', -~:1\·-,_.,_**  '; J • Parties may send e-mails containingtheir pleadings as an attachment. The attachment(s) shall be 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 10 MB.

• E-mail filings shall be sent to the FAADocket Clerk at 9-AWA-AGC-Part16@faa.gov and the opposing party (only ifthe opposingparty has agreed with the complainants in writing to participate in electronic filing, otherwise service must be made pursuant to 14 CFR §16.15.) The FAA will not provide any acknowledgement or receiptto 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 itself

## ofelectronic 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.

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as e1ec.trorii:c',bx.or via e-mail. Inregard to computation of

>) 'll.,•il,l> u, •._._ 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 followi:ng the date the e-mail was sent. 1

The DepartmentofTransportation (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 shonld 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 viewi:ng.

Jessie E Di Gregory Attorn
, Airports LawBranch FAA Office ofthe ChiefCounsel

1 Please 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, it must notifY the FAA Docket Clerk and opposing party in Wiiting. 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 CERTIFYthat on October 27,2014, I caused to be placed in the United States Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing NOTICE OF DOCKETING addressedto:

Mr. Walker Luedtke Walker Ag Supply, LLC 1682 County Road G Wahoo, NE 68066 Com Walker@Yal1oo.com

Mr. Brad Gage Midwest Spray Service, LLC 31019 E 260thAvenue Bethany, MO 64421'\' bgage@gagefert.com

Mr. William Foster Better Airports, LLC Agent for Complainant 4504 North Versailles Avenue Dallas, TX 75205 Fly@BetterAimorts.com Complainants

WAHOO AIRPORT AUTHORITY C/0 Ms. MelissaHarrell City ofWahoo- City Administrator/Clerk/Treasurer Ex Officio ofthe Walwo Airport Authority 605 North Broadway ' '• Wahoo, NE 68066 Respondent

FAA Part 16 Airport Proceedings Docket (AGC-600) Airport Compliance and Management Analysis, AC0-100

'**~** i_ '-.

# c.m,~~ Airports & Environmental Law Division FAA Office ofthe ChiefCounsel