PART 16RULES OF PRACTICE FOR FEDERALLYASSISTED AIRPORT ENFORCEMENT PROCEEDINGS.docx

1、PART 16RULES OF PRACTICE FOR FEDERALLYASSISTED AIRPORT ENFORCEMENT PROCEEDINGSCode of Federal RegulationsTitle 14 - Aeronautics and SpaceVolume: 1Date: 2011-01-01Original Date: 2011-01-01Title: PART 16 - RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGSContext: Title 14 - Aero

2、nautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER B - PROCEDURAL RULES.Pt. 16PART 16RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGSSubpart AGeneral ProvisionsSec.16.1Applicability and description of part.16.3Definitions.

3、16.5Separation of functions.Subpart BGeneral Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals16.11Expedition and other modification of process.16.13Filing of documents.16.15Service of documents on the parties and the agency.16.17Computation of time.16.19Motions.Subpart C

4、Special Rules Applicable to Complaints16.21Pre-complaint resolution.16.23Complaints, answers, replies, rebuttals, and other documents.16.25Dismissals.16.27Incomplete complaints.16.29Investigations.16.31Directors determinations after investigations.16.33Final decisions without hearing.Subpart DSpecia

5、l Rules Applicable to Proceedings Initiated by the FAA16.101Basis for the initiation of agency action.16.103Notice of investigation.16.105Failure to resolve informally.Subpart EProposed Orders of Compliance16.109Orders terminating eligibility for grants, cease and desist orders, and other compliance

6、 orders.Subpart FHearings16.201Notice and order of hearing.16.202Powers of a hearing officer.16.203Appearances, parties, and rights of parties.16.207Intervention and other participation.16.209Extension of time.16.211Prehearing conference.16.213Discovery.16.215Depositions.16.217Witnesses.16.219Subpoe

7、nas.16.221Witness fees.16.223Evidence.16.225Public disclosure of evidence.16.227Standard of proof.16.229Burden of proof.16.231Offer of proof.16.233Record.16.235Argument before the hearing officer.16.237Waiver of procedures.Subpart GInitial Decisions, Orders and Appeals16.241Initial decisions, orders

8、, and appeals.16.243Consent orders.Subpart HJudicial Review16.247Judicial review of a final decision and order.Subpart IEx Parte Communications16.301Definitions.16.303Prohibited ex parte communications.16.305Procedures for handling ex parte communications.16.307Requirement to show cause and impositi

9、on 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.Source:Docket No. 27783, 61 FR 54004, October 16, 1

10、996, unless otherwise noted.Subpart AGeneral Provisions 16.1Applicability and description of part.(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 re

11、asonableness 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 navigati

12、on 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

13、 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), a

14、s 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 Air

15、port 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)

16、 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

17、 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.

18、(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

19、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. 16.3Definitions.Terms defined in the Acts are used as so defined. As used in this part:Act means a statute listed in 16.1 an

20、d 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

21、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

22、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.Ag

23、ency 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 F

24、AA 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

25、Safety and Standards.Directors 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 d

26、ecision and order means a final agency decision that disposes of a complaint or determines a respondents 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 h

27、earing 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

28、 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.

29、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 comp

30、lainant(s) and the respondent(s) named in the complaint and, after an initial determination providing an opportunity for hearing is issued under 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.

31、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

32、 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