[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.3]

[Page 90-91]
 
                     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.
    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

[[Page 91]]

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.