96
14 CFR Ch. I (1–1–24 Edition)
§ 16.11
Subpart B—General Rules Appli-
cable to Complaints, Pro-
ceedings Initiated by the FAA,
and Appeals
§ 16.11
General processes.
(a) Under the authority of 49 U.S.C.
40113 and 47121, the Director may con-
duct investigations, issue orders, and
take such other actions as are nec-
essary to fulfill the purposes of this
part. This includes the extension of
any time period prescribed, where nec-
essary or appropriate for a fair and
complete consideration of matters be-
fore the agency, prior to issuance of
the Director’s Determination.
(b) Notwithstanding any other provi-
sion of this part, upon finding that cir-
cumstances require expedited handling
of a particular case or controversy, the
Director may issue an order directing
any of the following prior to the
issuance of the Director’s Determina-
tion:
(1) Shortening the time period for
any action under this part consistent
with due process;
(2) If other adequate opportunity to
respond to pleadings is available,
eliminating the reply, rebuttal, or
other actions prescribed by this part;
(3) Designating alternative methods
of service; or
(4) Directing such other measures as
may be required.
(c) Other than those matters con-
cerning a Corrective Action Plan, the
jurisdiction of the Director terminates
upon the issuance of the Director’s De-
termination. All matters arising dur-
ing the appeal period, such as requests
for extension of time to make an ap-
peal, will be addressed by the Associate
Administrator.
(d) The Director may transfer to the
FAA Deputy Assistant Administrator
for Civil Rights or Office of Civil
Rights designee the authority to pre-
pare and issue Director’s Determina-
tions pursuant to § 16.31 for complaints
alleging violations of section 505(d) of
the Airport and Airway Improvement
Act of 1982, and the requirements con-
cerning civil rights and/or Disadvan-
taged 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.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013]
§ 16.13
Filing of documents.
Except as otherwise provided in this
part, documents shall be filed with the
FAA during a proceeding under this
part as follows:
(a)
Filing address. Documents filed
under this Part shall be filed with the
Office of the Chief Counsel, Attention:
FAA Part 16 Docket Clerk, AGC–600,
Federal Aviation Administration, 800
Independence Avenue SW., Washington,
DC 20591. Documents to be filed with a
hearing officer shall be filed at the ad-
dress and in the manner stated in the
hearing order.
(b)
Date and method of filing. Filing of
any document shall be by personal de-
livery or mail as defined in this part,
by facsimile (when confirmed by filing
on the same date by one of the fore-
going methods), or electronically as set
forth in paragraph (h) of this section.
Unless the date is shown to be inac-
curate, documents filed with the FAA
shall be deemed to be filed on the date
of personal delivery, on the mailing
date shown on the certificate of serv-
ice, on the date shown on the postmark
if there is no certificate of service, on
the send date shown on the facsimile
(provided filing has been confirmed
through one of the foregoing methods),
or on the mailing date shown by other
evidence if there is no certificate of
service and no postmark. Unless the
date is shown to be inaccurate, docu-
ments filed electronically shall be
deemed to be filed on the date shown
on the certificate of service or, if none,
the date of electronic transmission to
the last party required to be served.
(c)
Number of copies. With the excep-
tion of electronic filing or unless oth-
erwise specified, an executed original
and three copies of each document
shall be filed with the FAA Part 16
Docket Clerk. One of the three copies
shall not be stapled, bound or hole-
punched. Copies need not be signed, but
the name of the person signing the
original shall be shown. If a hearing
order has been issued in the case, one
of the three copies shall be filed with
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Federal Aviation Administration, DOT
§ 16.13
the hearing officer unless otherwise
prescribed by the hearing officer.
(d)
Form. Documents filed under this
part shall:
(1) Be typewritten or legibly printed;
(2) Include, in the case of docketed
proceedings, the docket number of the
proceeding on the front page; and
(3) Be marked to identify personal,
privileged or proprietary information.
Decisions for the publication and re-
lease of these documents will be made
in accordance with 5 U.S.C. 552 and 49
CFR part 7.
(e)
Signing of documents and other pa-
pers. The original of every document
filed shall be signed by the person fil-
ing it or the person’s duly authorized
representative. The signature shall
serve as a certification that the signer
has read the document and, based on
reasonable inquiry and to the best of
the signer’s knowledge, information,
and belief, the document is—
(1) Consistent with this part;
(2) Warranted by existing law or that
a good faith argument exists for exten-
sion, modification, or reversal of exist-
ing law; and
(3) Not interposed for any improper
purpose, such as to harass or to cause
unnecessary delay or needless increase
in the cost of the administrative proc-
ess.
(f)
Designation of person to receive serv-
ice. The initial document filed by any
person shall state on the first page the
name, physical address, telephone
number, facsimile number, if any, and
email address, if filing electronically,
of the person(s) to be served with docu-
ments in the proceeding. If any of these
items change during the proceeding,
the person shall promptly file notice of
the change with the FAA Part 16 Dock-
et Clerk and the hearing officer and
shall serve the notice on all parties.
(g)
Docket numbers. Each submission
identified as a complaint under this
part by the submitting person will be
assigned a docket number.
(h)
Electronic filing. (1) The initial
complaint may be served electronically
upon the respondent only if the re-
spondent has previously agreed with
the complainant in writing to partici-
pate in electronic filing. Documents
may be filed under this Part electroni-
cally by sending an email containing
(an) attachment(s) of (a) PDF file(s) of
the required pleading to the FAA
Docket Clerk, and the person des-
ignated in paragraph (h)(3) of this sec-
tion.
(2) The subject line of the email must
contain the names of the complainant
and respondent, and must contain the
FAA docket number (if assigned). The
size of each email must be less than 10
MB. Email attachments containing
executable files (e.g., .exe and .vbs
files) will not be accepted.
(3) The email address at which the
parties may file the documents de-
scribed in this section is
9-AWA-AGC-
Part-16@faa.gov. No acknowledgement
or receipt will be provided by the FAA
to parties using this method. A party
filing electronically as described in
this section must provide to the FAA
Part 16 Docket Clerk and the opposing
party an email address of the person
designated by the party to receive
pleadings.
(4) By filing a pleading or document
electronically as described in this sec-
tion, a party waives the rights under
this part for service by the opposing
party and the FAA by methods other
than email. If a party subsequently de-
cides to ‘‘opt-out’’ of electronic filing,
that party must so notify the FAA
Part 16 Docket Clerk and the other
party in writing, from which time the
FAA and the parties will begin serving
the opting-out party in accordance
with §§ 16.13 and 16.15. This subsection
only exempts the parties from the fil-
ing and service requirements in
§ 16.13(a) (with the exception that
‘‘Documents to be filed with a hearing
officer shall be filed at the address and
in the manner stated in the hearing
order.’’), the method of filing require-
ments in § 16.13(b), and the number of
documents requirements in § 16.13(c).
(i)
Internet accessibility of documents
filed in the Hearing Docket. (1) Unless
protected from public disclosure, all
documents filed in the Hearing Docket
are accessible through the Federal
Docket Management System (FDMS):
http://www.regulations.gov. To access a
particular case file, use the FDMS
number assigned to the case.
(2) Determinations issued by the Di-
rector and Associate Administrator in
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14 CFR Ch. I (1–1–24 Edition)
§ 16.15
Part 16 cases, indexes of decisions, con-
tact information for the FAA Hearing
Docket, the rules of practice, and other
information are available on the FAA
Office of Airports’ Web site at:
http://
part16.airports.faa.gov/index.cfm.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013]
§ 16.15
Service of documents on the
parties and the agency.
Except as otherwise provided in this
part, documents shall be served as fol-
lows:
(a)
Whom must be served. Copies of all
documents filed with the FAA Part 16
Docket Clerk shall be served by the
persons filing them on all parties to
the proceeding. A certificate of service
shall accompany all documents when
they are tendered for filing and shall
certify concurrent service on the FAA
and all parties. Certificates of service
shall be in substantially the following
form:
I hereby certify that I have this day served
the foregoing [name of document] on the fol-
lowing persons at the following addresses,
facsimile numbers (if also served by fac-
simile), or email address (if served electroni-
cally in accordance with § 16.13(h)), by [speci-
fy method of service]:
[list persons, addresses, facsimile numbers,
email addresses (as applicable)]
Dated this
_
day of
_
, 20
_
.
[signature], for [party]
(b) Method of service. Except as oth-
erwise agreed by the parties and, if ap-
plicable, the hearing officer, the meth-
od of service is the same as set forth in
§ 16.13(b) for filing documents.
(c)
Where service shall be made. Serv-
ice shall be made to the persons identi-
fied in accordance with § 16.13(f). If no
such person has been designated, serv-
ice shall be made on the party.
(d)
Presumption of service. There shall
be a presumption of lawful service—
(1) When acknowledgment of receipt
is by a person who customarily or in
the ordinary course of business re-
ceives mail at the address of the party
or of the person designated under
§ 16.13(f);
(2) When a properly addressed enve-
lope, sent to the most current address
submitted under § 16.13(f), has been re-
turned as undeliverable, unclaimed, or
refused; or
(3) When the party serving the docu-
ment electronically has a confirmation
statement demonstrating that the
email was properly sent to a party cor-
rectly addressed.
(e)
Date of service. The date of service
shall be determined in the same man-
ner as the filing date under § 16.13(b).
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013]
§ 16.17
Computation of time.
This section applies to any period of
time prescribed or allowed by this part,
by notice or order of the hearing offi-
cer, or by an applicable statute.
(a) The date of an act, event, or de-
fault, after which a designated time pe-
riod begins to run, is not included in a
computation of time under this part.
(b) The last day of a time period is
included in a computation of time un-
less it is a Saturday, Sunday, or legal
holiday for the FAA, in which case, the
time period runs until the end of the
next day that is not a Saturday, Sun-
day, or legal holiday.
(c) Whenever a party has the right or
is required to do some act within a pre-
scribed period after service of a docu-
ment upon the party, and the docu-
ment is served on the party by first
class mail or certified mail, 5 days
shall be added to the prescribed period.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013]
§ 16.19
Motions.
(a)
General. An application for an
order or ruling not otherwise specifi-
cally provided for in this part shall be
by motion. Unless otherwise ordered by
the agency, the filing of a motion will
not stay the date that any action is
permitted or required by this part.
(b)
Form and contents. Unless made
during a hearing, motions shall be
made in writing, shall state with par-
ticularity the relief sought and the
grounds for the relief sought, and shall
be accompanied by affidavits or other
evidence relied upon. Motions intro-
duced during hearings may be made
orally on the record, unless the hearing
officer directs otherwise.
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