21 April Hypothetical
Mayor Daley, acting in his capacity as Mayor of the City of Chicago, has bulldozed the runways as Meigs Field, rendering them inoperative. Suppose the Mayor has given no notice to the FAA. Suppose further than Ryan Liebl, a second-year law student, has filed a formal complaint with the FAA under 14 C.F.R. § 13.5, seeking imposition of civil money and/or criminal penalities against the Mayor and the City under 14 C.F.R. §§ 13.15-13.16 and 13.23.
(a) The FAA has not responded. Can Mr. Liebl obtain judicial review of the FAA’s failure to respond to his complaint?
(b) The FAA considers the complaint and finds under subsection (h) no basis for proceeding further with it. Can Mr. Liebl obtain judicial review of this decision?
14 C.F.R. §§ 13.15-13.16 authorizes civil monetary penalties for persons violating the Federal Aviation Act and regulations issued thereunder. 14 C.F.R. § 13.23 authorizes criminal penalties for violation of specified provisions of the Federal Aviation Act and regulations issued thereunder.
14 C.F.R. § 13.5 provides as follows:
Ҥ 13.5 Formal complaints.
(a) Any person may file a complaint with the Administrator with respect to anything done or omitted to be done by any person in contravention of any provision of any Act or of any regulation or order issued under it, as to matters within the jurisdiction of the Administrator. . . .
(b) Complaints filed under this section must--
(1) Be submitted in writing and identified as a complaint filed for the purpose of seeking an appropriate order or other enforcement action;
(2) Be submitted to the Federal Aviation Administration, Office of the Chief Counsel, Attention: Enforcement Docket (AGC-10), 800 Independence Avenue, S.W., Washington, D.C. 20591;
(3) Set forth the name and address, if known, of each person who is the subject of the complaint and, with respect to each person, the specific provisions of the Act or regulation or order that the complainant believes were violated;
(4) Contain a concise but complete statement of the facts relied upon to substantiate each allegation;
(5) State the name, address and telephone number of the person filing the complaint; and
(6) Be signed by the person filing the complaint or a duly authorized representative.
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(g) After the complaint has been answered or after the allotted time in which to file an answer has expired, the Administrator shall determine if there are reasonable grounds for investigating the complaint.
(h) If the Administrator determines that a complaint does not state facts which warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal shall be given, in writing, to the person who filed the complaint and the person named in the complaint.
(i)If the Administrator determines that reasonable grounds exist, an informal investigation may be initiated or an order of investigation may be issued in accordance with Subpart F of this part, or both. Each person named in the complaint shall be advised which official has been delegated the responsibility under § 13.3(b) or (c) for conducting the investigation.
(j) If the investigation substantiates the allegations set forth in the complaint, a notice of proposed order may be issued or other enforcement action taken in accordance with this part.
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14 C.F.R. § 157.3 provides, in material part:
Ҥ 157.3 Projects requiring notice.
Each person who intends to do any of the following shall notify the Administrator in the manner prescribed in § 157.5:
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(b) Construct, realign, alter, or activate any runway or other aircraft landing or takeoff area of an airport.
(c) Deactivate, discontinue using, or abandon an airport or any landing or takeoff area of an airport for a period of one year or more.”
14 C.F.R. § 157.5 provides in material part:
“(b) (2) notice concerning the deactivation, discontinued use, or abandonment of an airport, an airport landing or takeoff area, or associated taxiway may be submitted by letter. Prior notice is not required; except that a 30-day prior notice is required when an established instrument approach procedure is involved or when the affected property is subject to any agreement with the United States requiring that it be maintained and operated as a public-use airport.”
14 C.F.R. § 157.7 provides in material part:
Ҥ 157.7 FAA determinations.
(a) The FAA will conduct an aeronautical study of an airport proposal and, after consultations with interested persons, as appropriate, issue a determination to the proponent and advise those concerned of the FAA determination. The FAA will consider matters such as the effects the proposed action would have on existing or contemplated traffic patterns of neighboring airports; the effects the proposed action would have on the existing airspace structure and projected programs of the FAA; and the effects that existing or proposed manmade objects (on file with the FAA) and natural objects within the affected area would have on the airport proposal. While determinations consider the effects of the proposed action on the safe and efficient use of airspace by aircraft and the safety of persons and property on the ground, the determinations are only advisory. Except for an objectionable determination, each determination will contain a determination-void date to facilitate efficient planning of the use of the navigable airspace. A determination does not relieve the proponent of responsibility for compliance with any local law, ordinance or regulation, or state or other Federal regulation. Aeronautical studies and determinations will not consider environmental or land use compatibility impacts.
(b) An airport determination issued under this part will be one of the following:
(1) No objection.
(2) Conditional. A conditional determination will identify the objectionable aspects of a project or action and specify the conditions which must be met and sustained to preclude an objectionable determination.
(3) Objectionable. An objectionable determination will specify the FAA's reasons for issuing such a determination.
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