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 Airport Compliance 

and Management Analysis 

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 the jurisdiction of the Administrator of 

the Federal Aviation Administration. 14 CFR § 16.25(a)(1). The complaint does not 

allege that any of the "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 of exclusive 

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 of the Anti-Head Tax Act, title 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, 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 (repealed 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) of the 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 of the Federal Airport Act (title 49 U.S.C. 1115), section 23 of the 

Airport and Airway Development Act (title 49 U.S.C. 1723), or section 516 of the 

Airport and Airway Improvement Act (title 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 of documents on the parties and the agency); 16.21 (Pre-complaint 

resolution); and 16.23 (Pleadings). The complaint also fails to meet several of the 

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 of Airport Compliance 

and Management Analysis 

cc: Part 16 Proceedings Docket 

2