UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.



### Safer Medical ofMontana and

George Ackerson Complainants,


### v. City ofFort Benton, Montana and

Chonteau County, Montana Respondents. ) ) ) ) ) ) ) ) ) ) 

### FAA Docket No. 

### 16-15-12

REQUEST FORADDITIONAL INFORMATION AND NOTICE OF EXTENSION OF TIME

I. REQUEST FORADDITIONAL INFORMATION Pursuantto 14 CPR§ 16.29(b)(l), the Federal Aviation Administration (FAA) requests additional informationfrom the Respondents. The Respondents should provide full and complete answers to the following questions. Eachresponse should include supporting documentation sufficient to present the relevant facts. The Respondents should submit the requested responses and supporting documentation to FAAno laterthan 30 days from the date ofissuance ofthis request. The Complainant may file a reply to the Respondents' response within 20 days ofservice. The Directorhereby requests the Respondents to address the following questions and requests:

• Please submit copies ofboththe present and recently expired SaferMedical and Taylor Aviation leases, andrate or charge schedules applicable to these tenants.
• How do the Respondents set the rate for aeronautical use ofAirport leased hangar space, and what is the rate? How do the Respondents setthe rate for non-aeronautical use ofAirport leasedhangar space, and what is the rate? Do the Respondents set a variable rate for Airport leasedhangar space for hybrid use ofaeronautical/nonaeronautical use, and ifyes, what is the rate? 

### • Ifavailable, please submitthe most recent maintenance plan for the Airport.• Havethe Respondents adopted minimum standards orrules andregulations for the Airport? 

### Ifyes, please submit a copy. Is the Airport able to reasonably accommodate non-aeronautical users on an interim basis, once all existing aeronautical demand is met?
• Howdo the 1998 GrantAgreement's conditions affect the tenant's leases inthe southwest area ofthe airport? What is the basis for renewing certain leases and terminating others in light ofthe 1998 conditions? The parties to the Complaint should not construe these questions and requests for additional information necessarily represent all ofthe FAA's concerns regarding the issues raised in the record to the Complaint. The FAA reserves the right to investigate the allegations in this Complaint further, in accordance with 14 CFR § 16.29(b)(l). In responding to each question and request, the parties should not assume that the sponsor's compliance status would tum, necessarily, on any one answer to a question. The Director will weigh the full breadth, substance, and relevance ofsupporting documentation comprising the Record in issuing a Determination. 

### II. NOTICE OF EXTENSION OF TIME Based on the information requested in Section I above, in accordance with 14 CFR 

### § 16.ll(a), the Director does hereby extend the date that the Director's initial determination will be issued. The Director's Determination will be rendered in the above-referenced case on or about September 8, after the parties' responses to this request for additional information is docketed by the FAA. An extension oftime is necessary to allow for a comprehensive review ofthe additional information requested above, which FAA believes is essential for a fair and complete hearing ofthe matter.

anager, Office ofAirport Compliance and ManagementAnalysis

### CERTIFICATE OJ<' SERVICE 

## ./ D I HEREBY CERTIFY that on 

# ,JV,rvC, 

# 17!2016, I caused to be emailed a true copy ofthe foregoing document to the following email addresses:
Counsel for Complainants Adrian Miller HOLLAND & HART LLP aamiller@hollandhart.com Counsel for Respondent City Brian Lilletvedt BOSCH, KUHR, DUGDALE, MARTIN, & KAZE, PLLP blilletvedt@bkdlaw.org Counsel for Respondent County Mitchell A. Young MONTANA ASSOCIATION OF COUNTIES Defense Services myoung@mtcounties.org Hand-Deliveredto: FAA Part 16 Airport Proceedings Docket (AGC-600) FAA Office ofAirport Compliance and Management Analysis (AC0-100)

# ~ ClaudiaRoberts 

# "°' Office ofAirport Compliance

and ManagementAnalysis