FAA Complaint


On December 22, 2021, Mark McClardy, the FAA Director of Airports Division for the Western Pacific Region, sent the following Notice of Informal Investigation Under 14 CFR 13.1.

The letter included a series of eight attachments which are included below.  

On January 4, 2022, Mark McClardy with the FAA sent the following letter with a request for additional information. 

On January 11, 2022, the County submitted the following response to the FAA in regards to their letters of December 22, 2021, and January 4, 2022.

On January 26, 2022, Victor Globa from the FAA requested the Peer Review comments from the Zahran Study.  On January 27, 2022, they were provided.

On January 27, 2022, the County sent the attached supplement to its January 11, 2022 letter to Mark McClardy of the FAA.

On January 31, 2022, Natalia Ospina from the Natural Resources Defense Council submitted the attached letter to Mark McClardy of the FAA.

On February 3, 2022, Brian Armstrong of the FAA sent the following letter to complainants listed on the Part 13 investigation offering them the opportunity to provide a written rebuttal to the County's response letters of January 11 and January 27, 2022.

On February 22, 2022, Brian Armstrong of the FAA sent the following letter requesting additional information from the County.

On February 24, 2022, the County submitted a letter to the FAA requesting additional time to respond to the February 22, 2022 request.

On March 1, 2022, Brian Armstong of the FAA responding to the February 28th letter granting the County additional time.

On March 9, 2022 several key members of the FAA and DOT met with the County Executive team to discuss the Part 13 investigation and fueling at RHV and E16.  Subsequent to that meeting, FAA Deputy Administrator Bradley Mims sent this letter to the County

On May 12, 2022 construction plans were submitted to the San Francisco Airport District Office for review.  These plans are intended to address the airfield signage concerns previously identified by the FAA in a number of correspondences. 

On June 16, 2022 the FAA responded to the construction plans with a series of recommendations and requests.

On September 21, 2022 the County responded to the FAA's recommendations on the proposed construction plans for the RHV signage project

On September 21, 2022 the County notified the FAA that the County will be taking over proprietary exclusive right to fuel avgas at RHV.

On October 14, 2022 the Airplane Owners and Pilots Association (AOPA) filed a formal Part-16 complaint against the County for the County's decision to stop selling 100LL avgas.

On October 27, 2022 the County submitted a letter to the FAA requesting that the FAA dismiss the Part 16 complaint prior to docketing.

On November 2, 2022, AOPA submitted a letter to the Docket Clerk in response to the County's Oct. 27 letter.

On November 3, 2022 the Office of Chief Counsel with the FAA sent a Notice of Docketing to Santa Clara County and AOPA.

On November 14, 2022, the County submitted a Motion for an Extension of Time to Response to the Complaint filed by AOPA.

On November 16, 2022, the County submitted draft RIM Mitigation and taxiway identification plans to the ADO office for review and input prior to finalizing the construction plans.

On November 17, 2022, AOPA field an opposition to the Motion for extension of time.

On November 21, 2022, the FAA granted the County a 30-day extension to file its response to Complaint.

On December 29, 2022, the County submitted the following two documents in response to the Part 16 Complaint

On January 9, 2023, AOPA submitted "Complainant's Answer In Opposition To Respondent County of Santa Clara's Consoidated Motion to Dismiss and Motion for Summary Judgment"


The County has responded to most of the concerns identified by the FAA in their Dec. 22, 2021 letter through additional correspondence that was not included in the attachments to the FAA Part 13 notification letter.   For clarity, the additional FAA correspondence, County response, and other referenced documents are included below.

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