Part 16 Complaints filed on behalf of aeronautical services providers, such as FBOs, Repair Stations, and Charter Operators can be an effective tool to ensure that airports are abiding by their grant assurance obligations. However, like other forms of litigation, they are often time consuming, always slow, and usually expensive. As a result, the decision to file a Part 16 Complaint should not be taken lightly. Below are just some of the issues to consider before counseling a client to file a Part 16 Complaint.
1. The Remedies Are Limited. While Part 16 complaints can be a very effective way to bring an airport’s grant assurances violations to the FAA’s attention, the types of action that the FAA is empowered to take, even when it finds a violation, are extremely limited. In practice, the best outcome that an aggrieved party can hope to achieve is for the FAA to issue/require a Corrective Action Plan – essentially, a set of action items that an airport needs to undertake in order to come back into compliance with its grant assurance obligations. There is no possibility for money damages or attorneys’ fees. And, despite the fact that it has the authority to do so, it is extremely unlikely that the FAA will decide to withhold an airport’s federal grant (AIP) money, or impair its eligibility for future funding.
2. A Part 16 Complaint is Akin to a Motion for Summary Judgment. Unlike civil litigation, where a complaint that complies with Rule 8 of the Federal Rules of Civil Procedure will generally be sufficient, in a Part 16 proceeding, a complainant needs to submit all of its evidence with the Complaint. See 14 CFR 16.23. As a result, drafting a Part 16 Complaint is much more time consuming, and ultimately, expensive than that of all but the most complex civil litigations. In fact, a Part 16 Complaint would be more properly compared to a Motion for Summary Judgment, as you need to present all of your evidence and legal arguments in one place.
3. There Is No Discovery. In general, discovery is not permitted in Part 16 actions. See 14 CFR 16.23(l). So, if one of your client’s motivations is to obtain information from the airport that has otherwise been unavailable, best to advise a different approach, such as a civil action in the appropriate jurisdiction, or a FOIA request.
4. The Process Ss Slow. Of the four Part 16 decisions issued so far in 2015, all were from cases initiated in 2012. If your client has an issue on airport that needs an immediate resolution, consider whether it would be possible to seek injunctive relief in a local court. While the FAA can issue a preliminary order requiring an airport to act or cease from acting in a certain manner, in practice, such a result is difficult to achieve in a timely fashion when anything other than extremely egregious conduct is involved.
Of course, while Part 16 Complaints are not always the answer, they can be the best (and sometimes, only) avenue for an airport tenant to force an airport to comply with its grant assurance obligations. The Klein Firm LLC is always ready to assist airport users and tenants that have been harmed by an airport’s grant assurance violations, whether through Part 16 or other dispute resolution proceedings.