UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL A VIA TI ON ADMINISTRATION 

WASHINGTON, D.C. 

Safer Medical of Montana and 

George Ackerson 

Complainants, 

v. 

City of Fort Benton, Montana and 

Chonteau County, Montana 

Respondents. 

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FAA Docket No. 16-15-12 

REQUEST FOR ADDITIONAL INFORMATION AND 

NOTICE OF EXTENSION OF TIME 

I. REQUEST FOR ADDITIONAL INFORMATION 

Pursuant to 14 CPR§ 16.29(b)(l), the Federal Aviation Administration (FAA) requests 

additional information from the Respondents. The Respondents should provide full and 

complete answers to the following questions. Each response should include supporting 

documentation sufficient to present the relevant facts. The Respondents should submit 

the requested responses and supporting documentation to FAA no later than 30 days from 

the date of issuance of this request. The Complainant may file a reply to the 

Respondents' response within 20 days of service. 

The Director hereby requests the Respondents to address the following questions and 

requests: 

• Please submit copies of both the present and recently expired Safer Medical and 

Taylor Aviation leases, and rate or charge schedules applicable to these tenants. 

• How do the Respondents set the rate for aeronautical use of Airport leased hangar 

space, and what is the rate? How do the Respondents set the rate for non-aeronautical 

use of Airport leased hangar space, and what is the rate? Do the Respondents set a 

variable rate for Airport leased hangar space for hybrid use of aeronautical/nonaeronautical use, and if yes, what is the rate? 

• If available, please submit the most recent maintenance plan for the Airport. 
• Have the Respondents adopted minimum standards or rules and regulations for the 

Airport? If yes, 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? 

• How do the 1998 Grant Agreement's conditions affect the tenant's leases in the 

southwest area of the airport? What is the basis for renewing certain leases and 

terminating others in light of the 1998 conditions? 

The parties to the Complaint should not construe these questions and requests for additional 

information necessarily represent all of the 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 of supporting 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.l l(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 of time is 

necessary to allow for a comprehensive review of the additional information requested 

above, which FAA believes is essential for a fair and complete hearing of the matter. 

anager, Office of Airport Compliance 

and Management Analysis 
CERTIFICATE OJ<' SERVICE 

./ D 

I HEREBY CERTIFY that on ,JV, rvC, 17! 2016, I caused to be emailed a true copy of the 

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-Delivered to: 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

FAA Office of Airport Compliance and Management Analysis (AC0-100) 

~ Claudia Roberts "°' 

Office of Airport Compliance 

and Management Analysis