90
14 CFR Ch. I (1–1–14 Edition)
§ 16.1
Subpart A—General Provisions
§ 16.1
Applicability and description of
part.
(a)
General. The provisions of this
part govern all Federal Aviation Ad-
ministration (FAA) proceedings involv-
ing Federally-assisted airports, except
for complaints or requests for deter-
mination filed with the Secretary
under 14 CFR part 302, whether the pro-
ceedings are instituted by order of the
FAA or by filing a complaint with the
FAA 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 navigation fa-
cility 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 and other Federal
obligations contained in grant-in-aid
agreements issued under the Federal
Airport Act of 1946, 49 U.S.C. 1101
et seq.
(repealed 1970).
(4) The assurances and other Federal
obligations 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 and other Federal
obligations contained in grant-in-aid
agreements issued under the Airport
and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49
U.S.C. 47101
et seq., specifically section
511(a), 49 U.S.C. 47107, and 49 U.S.C.
47133.
(6) Section 505(d) of the Airport and
Airway Improvement Act of 1982, and
the requirements concerning civil
rights and/or Disadvantaged 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.
(7) Obligations contained in property
deeds for property transferred pursuant
to section 16 of the Federal Airport Act
(49 U.S.C. 1115), section 23 of the Air-
port and Airway Development Act (49
U.S.C. 1723), or section 516 of the Air-
port 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)
Other agencies. Where a grant as-
surance concerns a statute, executive
order, regulation, or other authority
that provides an administrative proc-
ess for the investigation or adjudica-
tion of complaints by a Federal agency
other than the FAA, persons shall use
the administrative process established
by those authorities. Where a grant as-
surance concerns a statute, executive
order, regulation, or other authority
that enables a Federal agency other
than the FAA to investigate, adju-
dicate, and enforce compliance under
those authorities on its own initiative,
the FAA may defer to that Federal
agency.
(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 investiga-
tive and enforcement action under 14
CFR part 13, ‘‘Investigative and En-
forcement 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.
[Doc. No. 27783, 61 FR 54004, October 16, 1996,
as amended at Amdt. 16–1, 78 FR 56141, Sept.
12, 2013]
§ 16.3
Definitions.
Terms defined in the Acts are used as
so defined. As used in this part:
Act means a statute listed in § 16.1
and any regulation, agreement, or doc-
ument of conveyance issued or made
under that statute.
Administrator means the Adminis-
trator of the FAA.
Agency means the FAA.
Agency attorney means the Deputy
Chief Counsel; the Assistant Chief
Counsel and attorneys in the Airports/
Environmental Law Division of the Of-
fice 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 com-
plaint or at a hearing on a complaint,
and who prosecute on behalf of the
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