C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—PROCEDURAL RULES › PART 16—RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS › Subpart A—General Provisions

14 C.F.R. § 16.1

Applicability and description of part

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(a) General. The provisions of this part govern all Federal Aviation Administration (FAA) proceedings involving Federally-assisted airports, except for complaints or requests for determination filed with the Secretary under 14 CFR part 302, whether the proceedings 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 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 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 (repealed 1970).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 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) 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 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.

(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 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.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56141, Sept. 12, 2013]
Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2002–2026 · leading case: Sw. Airlines Co. v. United States Dep't of Transp., 832 F.3d 270 (D.C. Cir. 2016).
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Sw. Airlines Co. v. United States Dep't of Transp., 832 F.3d 270 (D.C. Cir. 2016). “§ 47122 ; 14 C.F.R. §§ 16.1 (a)(5), 16.101. That process is known as a “Part 16” proceeding.”
Port Auth. v. Dep't of Transp., 479 F.3d 21 (D.C. Cir. 2007). “Likewise, while 14 C.F.R. § 16.1 (a) disallows the use of Part 16 in "disputes between U.”
Palm Beach Cnty. v. Fed. Aviation Admin., 53 F.4th 1318 (11th Cir. 2022). “See 14 C.F.R. § 16.1 (a)(5). And Grant Assurance 1(a) explicitly requires airport sponsors to com- ply with ANCA.”
Louis McCasland, Jr. v. City of Castroville, 514 F. App'x 446 (5th Cir. 2013). “See generally 14 C.F.R. §§ 16.1 -.247. Nevertheless, because third parties such as Plaintiffs stand to receive only indirect or incidental benefits from any administrative enforcement action against a non-compliant airport, this administrative enforcement scheme does not vest…”
41 North 73 West, Inc. v. United States Dep't of Transp., 408 F. App'x 393 (2d Cir. 2010). “14 C.F.R. § 16.1 (a)(1), (5). 14 C.F.R. Part 16 permits a person “directly and substantially affected” by an airport sponsor’s alleged noncompliance with a Grant Assurance to file a formal complaint with the FAA.”
Town of Fairview v. United States Dep't of Transp., 201 F. Supp. 2d 64 (D.D.C. 2002). · cites it 2× “See 14 C.F.R. § 16.1 , et seq. (providing administrative complaint process for all proceedings involving federally-assisted airports arising out of, inter alia, grant assurances).”
Susan Boggs v. FAA (6th Cir. 2019). · cites it 2× “See 14 CFR § 16.1 (a) (describing the purpose of a Part 16 proceeding as ensuring that grant assurances are followed).”
Skydive Myrtle Beach Inc. v. Horry Cnty. Dept of Airports (4th Cir. 2018). “See 14 C.F.R. § 16.1 (“The provisions of this part govern all [FAA] proceedings involving Federally-assisted airports, [except in circumstances not applicable here.”
Kunz v. FAA (10th Cir. 2025). “” 14 C.F.R. § 16.1 (a)(5). 10 Appellate Case: 22-9583 Document: 65-1 Date Filed: 05/20/2025 Page: 11 legal authority outlined in the Part 16 regulations .”
Ashton v. Fed. Aviation Admin. (M.D.N.C. 2025). “” See 14 C.F.R. § 16.1 (a). The Part 16 Proceedings provide for FAA review and administrative appeal of any airport’s alleged non-compliance with the AIP.”
ModernWest Longmont, LLC v. FAA (D.C. Cir. 2026). “See 14 C.F.R. § 16.1 ; see also 49 U.S.C. § 47122 (a).”
— 14 C.F.R. § 16.1(5) — 1 case
Susan Boggs v. FAA (6th Cir. 2019). “See 14 CFR § 16.1 (a) (describing the purpose of a Part 16 proceeding as ensuring that grant assurances are followed).”
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