On March 5, 2012 The Federal Aviation Administration (FAA) published a Notice of proposed rulemaking (NPRM) that would update, simplify and streamline rules of practice and procedure for filing and adjudicating complaints against federally-assisted airports.
FAA is required by statute to adjudicate complaints on matters within the agency’s authority (49 U.S.C. 46014). The process for investigating and adjudicating complaints against sponsors, recipients of federal assistance (i.e. airport operators), for violation of federal obligations is outlined in Title CFR part 16, Rules of Practice for Federally-Assisted Airport Enforcement Proceedings (Part 16). FAA has found Part 16 to be a useful process for resolving complaints and does not intend to change the basic features of the process. However, updates to Part 16 have been identified that could improve the process and reduce time required to address certain cases, based on agency and stakeholder lessons learned.
The proposed rulemaking would improve the efficiency of Part 16 proceedings by providing; (1) an electronic filing alternative; (2) opportunities for sponsors to seek early disposition of complaints in certain cases through “summary judgment” or termination of complainant standing in certain cases where FAA finds the sponsor in noncompliance on all issues raised in the complaint; and (3) clarification of processes already described in the rule.
FAA also believes that it would be helpful to clarify existing language in Part 16 that addresses among other things: intervention and other participation, the process for ordering corrective action for noncompliant sponsors, and standard of Proof and Burden of Proof requirements.
Comments on this NPRM can be sent on or before May 4, 2012. For additional information or further questions regarding the NPRM, please contact Ronce Almond at (202) 457-7790.