spaschal on DSK3GDR082PROD with CFR

Section 16.15

14 CFR Ch. I (1-1-19 Edition)

items change during the proceeding,
the person shall promptly file notice of
the change with the FAA Part 16 Docket Clerk and the hearing officer and
shall serve the notice on all parties.
(g) Docket numbers. Each submission
identified as a complaint under this
part by the submitting person will be
assigned a docket number.
(h) Electronic filing. (1) The initial
complaint may be served electronically
upon the respondent only if the respondent has previously agreed with
the complainant in writing to participate in electronic filing. Documents
may be filed under this Part electronically by sending an email containing
(an) attachment(s) of (a) PDF file(s) of
the required pleading to the FAA
Docket Clerk, and the person designated in paragraph (h)(3) of this section.
(2) The subject line of the email must
contain the names of the complainant
and respondent, and must contain the
FAA docket number (if assigned). The
size of each email must be less than 10
MB. Email attachments containing
executable files (e.g., .exe and .vbs
files) will not be accepted.
(3) The email address at which the
parties may file the documents described in this section is 9-AWA-AGCPart-16@faa.gov. No acknowledgement
or receipt will be provided by the FAA
to parties using this method. A party
filing electronically as described in
this section must provide to the FAA
Part 16 Docket Clerk and the opposing
party an email address of the person
designated by the party to receive
pleadings.
(4) By filing a pleading or document
electronically as described in this section, a party waives the rights under
this part for service by the opposing
party and the FAA by methods other
than email. If a party subsequently decides to  - opt-out -  of electronic filing,
that party must so notify the FAA
Part 16 Docket Clerk and the other
party in writing, from which time the
FAA and the parties will begin serving
the opting-out party in accordance
with SectionSection 16.13 and 16.15. This subsection
only exempts the parties from the filing and service requirements in
Section 16.13(a) (with the exception that
 - Documents to be filed with a hearing

officer shall be filed at the address and
in the manner stated in the hearing
order. - ), the method of filing requirements in Section 16.13(b), and the number of
documents requirements in Section 16.13(c).
(i) Internet accessibility of documents
filed in the Hearing Docket. (1) Unless
protected from public disclosure, all
documents filed in the Hearing Docket
are accessible through the Federal
Docket Management System (FDMS):
http://www.regulations.gov. To access a
particular case file, use the FDMS
number assigned to the case.
(2) Determinations issued by the Director and Associate Administrator in
Part 16 cases, indexes of decisions, contact information for the FAA Hearing
Docket, the rules of practice, and other
information are available on the FAA
Office of Airports- Web site at: http://
part16.airports.faa.gov/index.cfm.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56142, Sept. 12,
2013]

Section 16.15 Service of documents on the
parties and the agency.
Except as otherwise provided in this
part, documents shall be served as follows:
(a) Whom must be served. Copies of all
documents filed with the FAA Part 16
Docket Clerk shall be served by the
persons filing them on all parties to
the proceeding. A certificate of service
shall accompany all documents when
they are tendered for filing and shall
certify concurrent service on the FAA
and all parties. Certificates of service
shall be in substantially the following
form:
I hereby certify that I have this day served
the foregoing [name of document] on the following persons at the following addresses,
facsimile numbers (if also served by facsimile), or email address (if served electronically in accordance with Section 16.13(h)), by [specify method of service]:
[list persons, addresses, facsimile numbers,
email addresses (as applicable)]
Dated this lday of l, 20l.
[signature], for [party]

(b) Method of service. Except as otherwise agreed by the parties and, if applicable, the hearing officer, the method of service is the same as set forth in
Section 16.13(b) for filing documents.

98

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00108

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046