title-14-part-16-sec16-1

Federal Aviation Administration, DOT

§ 16.1

Subpart E—Proposed Orders of

Compliance

16.109

Orders terminating eligibility for

grants, cease and desist orders, and other
compliance orders.

Subpart F—Hearings

16.201

Notice and order of hearing.

16.202

Powers of a hearing officer.

16.203

Appearances, parties, and rights of

parties.

16.207

Intervention and other participation.

16.209

Extension of time.

16.211

Prehearing conference.

16.213

Discovery.

16.215

Depositions.

16.217

Witnesses.

16.219

Subpoenas.

16.221

Witness fees.

16.223

Evidence.

16.225

Public disclosure of evidence.

16.227

Standard of proof.

16.229

Burden of proof.

16.231

Offer of proof.

16.233

Record.

16.235

Argument before the hearing officer.

16.237

Waiver of procedures.

16.241

Initial decisions, orders, and appeals.

16.243

Consent orders.

16.245

Associate Administrator review after

a hearing.

Subpart G—Judicial Review

16.247

Judicial review of a final decision and

order.

Subpart H—Ex Parte Communications

16.301

Prohibited ex parte communications.

16.303

Procedures for handling ex parte

communications.

16.305

Requirement to show cause and impo-

sition of sanction.

UTHORITY

: 49 U.S.C. 106(g), 322, 1110, 1111,

1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727,
40103(e), 40113, 40116, 44502(b), 46101, 46104,
46110, 47104, 47106(e), 47107, 47108, 47111(d),
47122, 47123–47125, 47133, 47151–47153, 48103.

OURCE

: Docket No. 27783, 61 FR 54004, Oct.

16, 1996, unless otherwise noted.

Subpart A—General Provisions

§ 16.1

Applicability and description of

part.

(a)

General. The provisions of this

part govern all Federal Aviation Ad-
ministration (FAA) proceedings involv-
ing Federally-assisted airports, except
for complaints or requests for deter-
mination filed with the Secretary
under 14 CFR part 302, whether the pro-

ceedings are instituted by order of the
FAA or by filing a complaint with the
FAA under the following authorities:

(1) 49 U.S.C. 40103(e), prohibiting the

grant of exclusive rights for the use of
any landing area or air navigation fa-
cility on which Federal funds have
been expended (formerly section 308 of
the Federal Aviation Act of 1958, as
amended).

(2) Requirements of the Anti-Head

Tax Act, 49 U.S.C. 40116.

(3) The assurances and other Federal

obligations contained in grant-in-aid
agreements issued under the Federal
Airport Act of 1946, 49 U.S.C. 1101

et seq.

(repealed 1970).

(4) The assurances and other Federal

obligations contained in grant-in-aid
agreements issued under the Airport
and Airway Development Act of 1970,
as amended, 49 U.S.C. 1701

et seq.

(5) The assurances and other Federal

obligations contained in grant-in-aid
agreements issued under the Airport
and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49
U.S.C. 47101

et seq., specifically section

511(a), 49 U.S.C. 47107, and 49 U.S.C.
47133.

(6) Section 505(d) of the Airport and

Airway Improvement Act of 1982, and
the requirements concerning civil
rights and/or Disadvantaged Business
Enterprise (DBE) issues contained in 49
U.S.C. 47107(e) and 49 U.S.C. 47113; 49
U.S.C. 47123; 49 U.S.C. 322, as amended;
49 CFR parts 23 and/or 26; and/or grant
assurance 30 and/or grant assurance 37.

(7) Obligations contained in property

deeds for property transferred pursuant
to section 16 of the Federal Airport Act
(49 U.S.C. 1115), section 23 of the Air-
port and Airway Development Act (49
U.S.C. 1723), or section 516 of the Air-
port and Airway Improvement Act (49
U.S.C. 47125).

(8) Obligations contained in property

deeds for property transferred under
the Surplus Property Act (49 U.S.C.
47151–47153).

(b)

Other agencies. Where a grant as-

surance concerns a statute, executive
order, regulation, or other authority
that provides an administrative proc-
ess for the investigation or adjudica-
tion of complaints by a Federal agency
other than the FAA, persons shall use
the administrative process established

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§ 16.3

by those authorities. Where a grant as-
surance concerns a statute, executive
order, regulation, or other authority
that enables a Federal agency other
than the FAA to investigate, adju-
dicate, and enforce compliance under
those authorities on its own initiative,
the FAA may defer to that Federal
agency.

(c)

Other enforcement. If a complaint

or action initiated by the FAA involves
a violation of the 49 U.S.C. subtitle VII
or FAA regulations, except as specified
in paragraphs (a)(1) and (a)(2) of this
section, the FAA may take investiga-
tive and enforcement action under 14
CFR part 13, ‘‘Investigative and En-
forcement Procedures.’’

(d)

Effective date. This part applies to

a complaint filed with the FAA and to
an investigation initiated by the FAA
on or after December 16, 1996.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56141, Sept. 12,
2013]

§ 16.3

Definitions.

Terms defined in the Acts are used as

so defined. As used in this part:

Act means a statute listed in § 16.1

and any regulation, agreement, or doc-
ument of conveyance issued or made
under that statute.

Administrator means the Adminis-

trator of the FAA.

Agency means the FAA.
Agency attorney means the Deputy

Chief Counsel; the Assistant Chief
Counsel and attorneys in the Airports/
Environmental Law Division of the Of-
fice of the Chief Counsel; the Assistant
Chief Counsel and attorneys in an FAA
region or center who represent the
FAA during the investigation of a com-
plaint or at a hearing on a complaint,
and who prosecute on behalf of the
FAA, as appropriate. An agency attor-
ney shall not include the Chief Coun-
sel; the Assistant Chief Counsel for
Litigation, or any attorney on the staff
of the Assistant Chief Counsel for Liti-
gation, who advises the Associate Ad-
ministrator regarding an initial deci-
sion of the hearing officer or any ap-
peal to the Associate Administrator or
who is supervised in that action by a
person who provides such advice in an
action covered by this part.

Agency employee means any employee

of the FAA.

Associate Administrator means the

FAA Associate Administrator for Air-
ports or a designee. For the purposes of
this part only, Associate Adminis-
trator also means the Assistant Ad-
ministrator for Civil Rights or a des-
ignee for complaints that the FAA As-
sociate Administrator for Airports
transfers to the Assistant Adminis-
trator for Civil Rights.

Complainant means the person sub-

mitting a complaint.

Complaint means a written document

meeting the requirements of this part
and filed under this part:

(1) By a person directly and substan-

tially affected by anything allegedly
done or omitted to be done by any per-
son in contravention of any provision
of any Act, as defined in this section,
as to matters within the jurisdiction of
the Administrator, or

(2) By a person under 49 CFR 26.105(c)

against a recipient of FAA funds al-
leged to have violated a provision of 49
CFR parts 23 and/or 26.

Decisional employee means the Admin-

istrator, Deputy Administrator, Asso-
ciate Administrator, Director, hearing
officer, or other FAA employee who is
or who may reasonably be expected to
be involved in the decisional process of
the proceeding.

Director means the Director of the

FAA Office of Airport Compliance and
Management Analysis, or a designee.
For the purposes of this part only, Di-
rector also means the Deputy Assistant
Administrator for Civil Rights for com-
plaints that the Director of the FAA
Office of Airport Compliance and Man-
agement Analysis transfers to the Dep-
uty Assistant Administrator for Civil
Rights or designee.

Electronic filing means the process of

sending electronic mail (email) to the
FAA Part 16 Docket Clerk, with
scanned documents attached, as a
Portable Document Format (PDF) file.

Ex parte communication means an oral

or written communication not on the
public record with respect to which
reasonable prior notice to all parties is
not given, but it shall not include re-
quests for status reports on any matter
or proceeding covered by this part, or