98 

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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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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