[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: 14CFR16.3]



[Page 87-88]

 

                     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. 16.3  Definitions.



    Terms defined in the Acts are used as so defined. As used in this 

part:

    Act means a statute listed in Sec. 16.1 and any regulation, 

agreement, or document of conveyance issued or made under that statute.

    Agency attorney means the Deputy Chief Counsel; the Assistant Chief 

Counsel and attorneys in the Airports/Environmental Law Division of the 

Office 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 complaint or at a hearing on a complaint, and who 

prosecute on behalf of the FAA, as appropriate. An agency attorney shall 

not include the Chief Counsel; the Assistant Chief Counsel for 

Litigation, or any attorney on the staff of the Assistant Chief Counsel 

for Litigation, who advises the Associate Administrator regarding an 

initial decision of the hearing officer or any appeal 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.



[[Page 88]]



    Agency employee means any employee of the U.S. Department of 

Transportation.

    Associate Administrator means the Associate Administrator for 

Airports or a designee.

    Complainant means the person submitting a complaint.

    Complaint means a written document meeting the requirements of this 

part filed with the FAA by a person directly and substantially affected 

by anything allegedly done or omitted to be done by any person in 

contravention of any provision of any Act, as defined in this section, 

as to matters within the jurisdiction of the Administrator.

    Director means the Director of the Office of Airport Safety and 

Standards.

    Director's determination means the initial determination made by the 

Director following an investigation, which is a non-final agency 

decision.

    File means to submit written documents to the FAA for inclusion in 

the Part 16 Airport Proceedings Docket or to a hearing officer.

    Final decision and order means a final agency decision that disposes 

of a complaint or determines a respondent's compliance with any Act, as 

defined in this section, and directs appropriate action.

    Hearing officer means an attorney designated by the FAA in a hearing 

order to serve as a hearing officer in a hearing under this part. The 

following are not designated as hearing officers: the Chief Counsel and 

Deputy Chief Counsel; the Assistant Chief Counsel and attorneys in the 

FAA region or center in which the noncompliance has allegedly occurred 

or is occurring; the Assistant Chief Counsel and attorneys in the 

Airports and Environmental Law Division of the FAA Office of the Chief 

Counsel; and the Assistant Chief Counsel and attorneys in the Litigation 

Division of the FAA Office of Chief Counsel.

    Initial decision means a decision made by the hearing officer in a 

hearing under subpart F of this part.

    Mail means U.S. first class mail; U.S. certified mail; and U.S. 

express mail.

    Noncompliance means anything done or omitted to be done by any 

person in contravention of any provision of any Act, as defined in this 

section, as to matters within the jurisdiction of the Administrator.

    Party means the complainant(s) and the respondent(s) named in the 

complaint and, after an initial determination providing an opportunity 

for hearing is issued under Sec. 16.31 and subpart E of this part, the 

agency.

    Person in addition to its meaning under 49 U.S.C. 40102(a)(33), 

includes a public agency as defined in 49 U.S.C. 47102(a)(15).

    Personal delivery means hand delivery or overnight express delivery 

service.

    Respondent means any person named in a complaint as a person 

responsible for noncompliance.

    Sponsor means:

    (1) Any public agency which, either individually or jointly with one 

or more other public agencies, has received Federal financial assistance 

for airport development or planning under the Federal Airport Act, 

Airport and Airway Development Act or Airport and Airway Improvement 

Act;

    (2) Any private owner of a public-use airport that has received 

financial assistance from the FAA for such airport; and

    (3) Any person to whom the Federal Government has conveyed property 

for airport purposes under section 13(g) of the Surplus Property Act of 

1944, as amended.