[Code of Federal Regulations] [Title 14, Volume 1] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 14CFR16.1] [Page 86-87] TITLE 14--AERONAUTICS AND SPACE CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 16_RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS--Table of Contents Subpart A_General Provisions Sec. 16.1 Applicability and description of part. Subpart A_General Provisions Sec. 16.1 Applicability and description of part. 16.3 Definitions. 16.5 Separation of functions. Subpart B_General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals 16.11 Expedition and other modification of process. 16.13 Filing of documents. 16.15 Service of documents on the parties and the agency. 16.17 Computation of time. 16.19 Motions. Subpart C_Special Rules Applicable to Complaints 16.21 Pre-complaint resolution. 16.23 Complaints, answers, replies, rebuttals, and other documents. 16.25 Dismissals. 16.27 Incomplete complaints. 16.29 Investigations. 16.31 Director's determinations after investigations. 16.33 Final decisions without hearing. Subpart D_Special Rules Applicable to Proceedings Initiated by the FAA 16.101 Basis for the initiation of agency action. 16.103 Notice of investigation. 16.105 Failure to resolve informally. 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. Subpart G_Initial Decisions, Orders and Appeals 16.241 Initial decisions, orders, and appeals. 16.243 Consent orders. Subpart H_Judicial Review 16.247 Judicial review of a final decision and order. Subpart I_Ex Parte Communications 16.301 Definitions. 16.303 Prohibited ex parte communications. 16.305 Procedures for handling ex parte communications. 16.307 Requirement to show cause and imposition of sanction. Authority: 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, 47151-47153, 48103. [[Page 87]] Source: Docket No. 27783, 61 FR 54004, October 16, 1996, unless otherwise noted. (a) General. The provisions of this part govern all proceedings involving Federally-assisted airports, except for disputes between U.S. and foreign air carriers and airport proprietors concerning the reasonableness of airport fees covered by 14 CFR part 302, whether the proceedings are instituted by order of the FAA or by filing with the FAA a complaint, 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 facility 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 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 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 contained in grant-in-aid agreements issued under the Airport and Airway Improvement Act of 1982 (AAIA), as amended, 49 U.S.C. 47101 et seq., specifically section 511(a), 49 U.S.C. 47107(a) and (b). (6) Section 505(d) of the Airport and Airway Improvement Act of 1982, as amended, 49 U.S.C. 47113. (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 Airport and Airway Development Act (49 U.S.C. 1723), or section 516 of the Airport 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 assurance concerns a statute, executive order, regulation, or other authority that provides an administrative process for the investigation or adjudication of complaints by a Federal agency other than the FAA, persons shall use the administrative process established by those authorities. Where a grant assurance concerns a statute, executive order, regulation, or other authority that enables a Federal agency other than the FAA to investigate, adjudicate, 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 investigative and enforcement action under 14 CFR part 13, ``Investigative and Enforcement 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.