U.S. Department 

of Transportation 

Federal Aviation 

Administration 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Please be advised that the complaint filed by Better Airports, LLC, et a/. ("complainants") 

against the Wahoo Airport Authority ("respondent") filed under the Rules of Practice for 

Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 of the Code of Federal 

Regulations (" 14 CPR Part 16"), has been docketed by the Federal Aviation Administration's 

Office of the Chief Counsel, as Docket No. 16-14-08 on October 27,2014. 

The respondent is required to file an answer to the complaint within 20 days of the date of 

service of this 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 

motion to dismiss the complaint or any portion thereof, with a supporting memorandum of 

points and authorities. See 14 CPR§ 16.23 (h) and G). (16.26) 

Pursuant to the procedures set forth in 14 CPR § 16.26, the respondent may file a motion to 

dismiss the complaint or a motion for surmnary judgment on the complaint. The respondent 

may move for dismissal of the entire complaint or move for dismissal of specific issues from 

adjudication. The motion must be filed within 20 days after the date of service of this notice 

of docketing. See 14 CPR § 16.26. If such a motion is filed under 14 CPR § 16.26, an 

answer must be filed within 20 days of the date of service of an FAA order denying all or 

part of that motion. See 14 CPR §1l6.2%:@F 

The complainants may file a reply within 10 days ofthe date of service of the answer. The 

respondent may file a rebuttal within 10 days of the date of service of the 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 but complete statement of the 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 

of service) by the persons filing them on all parties to the proceeding, and on the FAA at the 

Office of the Chief Counsel, Attention: FAA Part 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 and three (3) 

copies of each 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 of Part 16 documents is permitted under the 

following guidelines: 

'-'·' :·; ~', -~:1\·-,_.,_ '; J 

• Parties may send e-mails containing their pleadings as an attachment. The 

attachment(s) shall be Adobe PDF file(s). The subject line of the e-mail must 

contain the names of the complainants and respondent, as well as the FAA docket 

number, if assigned. The size of the email may not exceed 10 MB. 

• E-mail filings shall be sent to the FAA Docket Clerk at 9-A WA-AGC-Part16@faa.gov and the opposing party (only if the opposing party 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 receipt to parties filing electronically. 

• A party filing electronically must provide 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 itself of electronic 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 of service 

stating the method as e1ec.trorii:c',bx.or via e-mail. In regard to computation of >) 'll.,•il,l> u, •. _._ 

time, the date of the e-mail is not included in the computation of time under this 

part. See 14 CFR § 16.17 (a). Parties will start the count as of the day followi:ng 

the date the e-mail was sent.1 

The Department of Transportation (DOT) uses the government-wide Federal Docket 

Management System (FDMS) at http://www.regulations.gov. Accordingly, if filing paper 

documents with the FAA, please ensure that at least one of the required copies is 

unbound and without tabs. Exhibit numbers in unbound copies shonld be noted on the 

first page of each 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 Law Branch 

FAA Office ofthe Chief Counsel 

1 Please note, this paragraph only exempts the parties from the filing requirements under 14 CFR §§ 

16.13 (a), (b), and (c). If a party subsequently decides to "opt-out" of electronic 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 of or in addition to the existing requirements set forth in Part 16. 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that 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 of the foregoing 

NOTICE OF DOCKETING addressed to: 

Mr. Walker Luedtke 

Walker Ag Supply, LLC 

1682 County Road G 

Wahoo, NE 68066 

Com Walker@Y al1oo.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. Melissa Harrell 

City of Wahoo- City Administrator/Clerk/Treasurer 

Ex Officio of the W alwo 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 Chief Counsel