Compilation of DOT and FAA Airport Legal Determinations and Opinion Letters Through December 31, 2007

Virtually all U.S. airports with commercial airline service have accepted federal grants under the Airport Improvement Program 9AIP). In exchange for these grants, airports agree to comply with numerous federal assurances, ranging from requirements that their rates be reasonable to implementation of disadvantaged business enterprise programs. The Federal Aviation Administration (FAA) adjudicates complaints, brought by FAA or raised by third parties, relating to alleged failures by airports to comply with the AIP grant assurances. Prior to 1996, the FAA's procedures for processing and making determination regarding complaints against federally funded airports were set forth in 14 C.F.R. Part 13, a set of regulations applicable to a variety of adversarial proceedings within FAA's jurisdiction. In 1996, the FAA promulgated Part 16, regulations relating to processing complaints against airports specifically. Part 16 includes several stages of FAA review; and therefore, multiple decisions may be issued by the FAA in a particular Part 16 proceeding. It is difficult for attorneys representing airports to find relevant cases either in the older Part 13 decisions relating to airports or in the more recent Part 16 decisions. In addition, airport attorneys are rarely aware of DOT General Counsel opinions or FAA Chief Counsel opinions on airport legal issues. This compilation makes these materials available along with indexes designed to facilitate the search for specific questions and issues.