U.S. Department of Transportation Federal Aviation Administration August 5, 2015 Philip J. Higgins 29 Newbridge Ave. Burlington, MA 01803 Dear Mr. Higgins: Office of A irport Compliance and Management Ana lysis

Re: Philip J. Higgins v. Airports , FAA Docket No. 16-15-09 800 Independence Ave., SW . Washington , DC 20591

The above-captioned complaint, med by you against the respondent airports in the area surrounding Burlington, Massachusetts, has been determined to be outside the jurisdiction of and incomplete under 14 CFR part 16. The complaint is dismissed with prejudice. The complaint makes allegations that are outside thejurisdiction ofthe Administrator of the Federal Aviation Administration. 14 CFR § 16.25(a)(1). The complaint does not allege that any ofthe "airports" have violated or failed to meet the obligations contained in the following provisions listed in 14 CFR § 16.1 (a): (1) Title 49 United States Code (U.S.C.) 40103(e), prohibiting the grant ofexclusive rights for the use of any landing area or air navigation facility on which Federal funds have been expended (formerly section 308 ofthe Federal Aviation Act of 1958 , as amended). (2) Requirements ofthe Anti-Head Tax Act, title 49 U.S.C. 40116. (3) The assurances and other Federal obligations conta ined in grant-in-aid agreements issued under the Federal Airport Act of 1946, title 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 (repealed 1970).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, title 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, title 49 U.S .C . 47101 et seq., specifically section 511(a), title 49 U.S.C. 47107 , and title 49 U.S.C. 47133. (6) Section 505(d) ofthe Airport and Airway Improvement Act of 1982, and the requirements concerning civil rights and/or Disadvantaged Business Enterprise (DBE) issues contained in title 49 U.S.C. 47107(e) and title 49 U.S.C. 47113; title 49 U.S .C . 47123; title 49 U.S.C . 322, as amended; title 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 ofthe Federal Airport Act (t itle 49 U.S .C . 1115), section 23 ofthe Airport and Airway Development Act (title 49 U.S.C. 1723), or section 516 ofthe Airport and Airway Improvement Act (t itle 49 U.S.C. 47125) . (8) Obligations contained in property deeds for property transferred under the Surplus Property Act (title 49 U.S .C . 47151-47153). Under 14 CFR 

### § 16.25, complaints that lack a basis in violations or failures to meet the obligations contained in the above provisions are dismissed with prejudice. Other requirements for a complaint filed under 14 CFR Part 16 can be found at 14 CFR §§ 16.15 (Service ofdocuments on the parties and the agency); 16 .21 (Pre-complaint resolution); and 16.23 (Pleadings). The complaint also fails to meet several ofthe requirements set forth in these provisions . The complaint is dismissed with prejudice for lack of jurisdiction under 14 CFR §16.25(a)(l) 16-15-09 is closed. Sincerely,

Randall S. Fiertz, Director Office ofAirport Compliance

and Management Analysis

cc: Part 16 Proceedings Docket 2