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Federal Aviation Administration, DOT 

§ 16.23 

(c) Answers to motions. Except as oth-

erwise provided in this part, or except 
when a motion is made during a hear-
ing, any party may file an answer in 
support of or in opposition to a motion, 
accompanied by affidavits or other evi-
dence relied upon, provided that the 
answer to the motion is filed within 10 
days after the motion has been served 
upon the person answering, or any 
other period set by the hearing officer. 
Where a motion is made during a hear-
ing, the answer and the ruling thereon 
may be made at the hearing, or orally 
or in writing within the time set by the 
hearing officer. 

(d)  Deferred actions on motions. A rul-

ing on a motion made before the time 
set for the issuance of the Director’s 
Determination may be deferred to and 
included with the Director’s Deter-
mination. 

(e)  Extension by motion. A party shall 

file a written motion for an extension 
of time not later than 3 business days 
before the document is due unless good 
cause for the late filing is shown. A 
party filing a motion for extension 
should attempt to obtain the concur-
rence of the opposing party. A party 
filing a written motion for an exten-
sion of time shall file the motion as re-
quired under § 16.13, and serve a copy of 
the motion on all parties and the dock-
et clerk as required under § 16.15. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

Subpart C—Special Rules 

Applicable to Complaints 

§ 16.21

Pre-complaint resolution. 

(a) Except for those persons filing 

under 49 CFR 26.105(c), prior to filing a 
complaint under this part, a person di-
rectly and substantially affected by the 
alleged noncompliance shall initiate 
and engage in good faith efforts to re-
solve the disputed matter informally 
with those individuals or entities be-
lieved responsible for the noncompli-
ance. These efforts at informal resolu-
tion may include, without limitation, 
at the parties’ expense, mediation, ar-
bitration, or the use of a dispute reso-
lution board, or other form of third 
party assistance. The FAA Airports 
District Office, FAA Airports Field Of-

fice, FAA Regional Airports Division 
responsible for administering financial 
assistance to the sponsor, or the FAA 
Office of Civil Rights will be available 
upon request to assist the parties with 
informal resolution. 

(b) Except for complaints filed under 

49 CFR 26.105(c), a complaint will be 
dismissed under § 16.27 unless the per-
son or authorized representative filing 
the complaint certifies that: 

(1) The complainant has made sub-

stantial and reasonable good faith ef-
forts to resolve the disputed matter in-
formally prior to filing the complaint; 
and 

(2) There is no reasonable prospect 

for practical and timely resolution of 
the dispute. 

(c) The certification required under 

paragraph (b) of this section, shall in-
clude a brief description of the party’s 
efforts to obtain informal resolution 
but shall not include information on 
monetary or other settlement offers 
made but not agreed upon in writing by 
all parties. Such efforts to resolve in-
formally should be relatively recent 
and be demonstrated by pertinent doc-
umentation. There is no required form 
or process for informal resolution, but 
in each case the requirements to re-
solve the matter informally must meet 
the requirements of this paragraph. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

§ 16.23

Pleadings. 

(a) A person directly and substan-

tially affected by any alleged non-
compliance or a person qualified under 
49 CFR 26.105(c) may file a complaint 
under this part. A person doing busi-
ness with an airport and paying fees or 
rentals to the airport shall be consid-
ered directly and substantially affected 
by alleged revenue diversion as defined 
in 49 U.S.C. 47107(b). 

(b) Complaints filed under this part 

shall— 

(1) State the name and address of 

each person who is the subject of the 
complaint and, with respect to each 
person, the specific provisions of each 
Act that the complainant believes were 
violated; 

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