97
Federal Aviation Administration, DOT
§ 16.13
for extension of time to make an ap-
peal, will be addressed by the Associate
Administrator.
(d) The Director may transfer to the
FAA Deputy Assistant Administrator
for Civil Rights or Office of Civil
Rights designee the authority to pre-
pare and issue Director’s Determina-
tions pursuant to § 16.31 for complaints
alleging violations of section 505(d) of
the Airport and Airway Improvement
Act of 1982, and the requirements con-
cerning civil rights and/or Disadvan-
taged Business Enterprise (DBE) issues
contained in 49 U.S.C. 47107(e) and 49
U.S.C. 47113; 49 U.S.C. 47123; 49 U.S.C.
322, as amended; 49 CFR parts 23 and/or
26; and/or grant assurance 30 and/or
grant assurance 37.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013]
§ 16.13
Filing of documents.
Except as otherwise provided in this
part, documents shall be filed with the
FAA during a proceeding under this
part as follows:
(a)
Filing address.
Documents filed
under this Part shall be filed with the
Office of the Chief Counsel, Attention:
FAA Part 16 Docket Clerk, AGC–600,
Federal Aviation Administration, 800
Independence Avenue SW., Washington,
DC 20591. Documents to be filed with a
hearing officer shall be filed at the ad-
dress and in the manner stated in the
hearing order.
(b)
Date and method of filing.
Filing of
any document shall be by personal de-
livery or mail as defined in this part,
by facsimile (when confirmed by filing
on the same date by one of the fore-
going methods), or electronically as set
forth in paragraph (h) of this section.
Unless the date is shown to be inac-
curate, documents filed with the FAA
shall be deemed to be filed on the date
of personal delivery, on the mailing
date shown on the certificate of serv-
ice, on the date shown on the postmark
if there is no certificate of service, on
the send date shown on the facsimile
(provided filing has been confirmed
through one of the foregoing methods),
or on the mailing date shown by other
evidence if there is no certificate of
service and no postmark. Unless the
date is shown to be inaccurate, docu-
ments filed electronically shall be
deemed to be filed on the date shown
on the certificate of service or, if none,
the date of electronic transmission to
the last party required to be served.
(c)
Number of copies.
With the excep-
tion of electronic filing or unless oth-
erwise specified, an executed original
and three copies of each document
shall be filed with the FAA Part 16
Docket Clerk. One of the three copies
shall not be stapled, bound or hole-
punched. Copies need not be signed, but
the name of the person signing the
original shall be shown. If a hearing
order has been issued in the case, one
of the three copies shall be filed with
the hearing officer unless otherwise
prescribed by the hearing officer.
(d)
Form.
Documents filed under this
part shall:
(1) Be typewritten or legibly printed;
(2) Include, in the case of docketed
proceedings, the docket number of the
proceeding on the front page; and
(3) Be marked to identify personal,
privileged or proprietary information.
Decisions for the publication and re-
lease of these documents will be made
in accordance with 5 U.S.C. 552 and 49
CFR part 7.
(e)
Signing of documents and other pa-
pers.
The original of every document
filed shall be signed by the person fil-
ing it or the person’s duly authorized
representative. The signature shall
serve as a certification that the signer
has read the document and, based on
reasonable inquiry and to the best of
the signer’s knowledge, information,
and belief, the document is—
(1) Consistent with this part;
(2) Warranted by existing law or that
a good faith argument exists for exten-
sion, modification, or reversal of exist-
ing law; and
(3) Not interposed for any improper
purpose, such as to harass or to cause
unnecessary delay or needless increase
in the cost of the administrative proc-
ess.
(f)
Designation of person to receive serv-
ice.
The initial document filed by any
person shall state on the first page the
name, physical address, telephone
number, facsimile number, if any, and
email address, if filing electronically,
of the person(s) to be served with docu-
ments in the proceeding. If any of these
VerDate Sep<11>2014
12:50 Apr 30, 2019
Jkt 247046
PO 00000
Frm 00107
Fmt 8010
Sfmt 8010
Y:\SGML\247046.XXX
247046
spaschal on DSK3GDR082PROD with CFR