News & Analysis as of

Aircraft Federal Aviation Administration (FAA)

[Webinar] Everything You Need to Know About Certifying your UAS! - October 4th, 1:00pm ET

by LeClairRyan on

With Part 107 firmly behind us, attention is now focused on the complexity of UAS operations. In our last webinar, we saw how much we can do with a waiver, but commercial exploitation of advanced capabilities, such as, fully...more

DOT Issues Its Latest Status Update on Significant Pending Aviation-Related Rulemakings

by Cozen O'Connor on

The U.S. Department of Transportation (DOT) recently issued a Significant Rulemaking Report, the first such report released under the Trump administration, providing the status of various pending rulemaking initiatives. The...more

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

DC Circuit — FAA Must Provide Reasoned Basis for Accepting That

by Lane Powell PC on

Does the ever-decreasing size of airline seating make you fed up? It certainly seems to do so to Judge Millet, who penned this opening paragraph in Flyers Rights Education Fund v. F.A.A., – F.3d – (2017 WL 3202638) (D.C. Cir....more

Citizenship of Aircraft Owner Trustee Establishes Federal Court Diversity Jurisdiction

by Holland & Knight LLP on

The Southern District of New York has confirmed that when the trustee of a non-citizen aircraft trust brings suit in its own name, the citizenship of that trustee may be used to establish diversity jurisdiction in federal...more

Court Refers Parts Dispute to FAA Under Primary Jurisdiction Doctrine

by Holland & Knight LLP on

A Florida district court has taken the rare step of referring a dispute between aerospace industry competitors to the Federal Aviation Administration (FAA) under the "primary jurisdiction doctrine." Under this doctrine, a...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

New Turbulence App May Prevent In-Flight Injuries

by Howard Ankin on

US aircraft experience 65,000 incidences of moderate to severe turbulence each year. Turbulence-related injuries range from minor cuts and bruises to fractures, broken bones, and serious spinal and head injuries. A flight...more

Developments in aircraft and marine finance for 2016

by Thompson Coburn LLP on

As is the case with other transportation assets, the legal considerations for aircraft and vessel finance providers (FPs) include an amalgam of state, federal and international laws. Summarized below are some of the more...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

by Perkins Coie on

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

by Seyfarth Shaw LLP on

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

Drones: FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

by Morrison & Foerster LLP on

On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice...more

Skies Open for Business: FAA Makes Way for Commercial Drones

by Morgan Lewis on

The new rules will greatly expand and encourage commercial drone use but come with some limitations. After much anticipation, the Federal Aviation Administration (FAA) revealed sweeping new rules on June 21 to facilitate...more

Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”

by Reed Smith on

According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: - By even greater force of logic; even more so it follows. We’ve been arguing for some time – since PLIVA v. Mensing, 131 S. Ct. 2567...more

Will New Technology, Legislation Help Drones and Airplanes Share the Sky?

by Varnum LLP on

On March 18, 2016, a Lufthansa Airbus A380 experienced a near miss with an unmanned aerial system (UAS or drone) while approaching LAX, 14 miles east of the airport at an elevation of 5,000 feet. The drone flew 200 feet over...more

Senate bill calls for certification of unmanned aircraft

by Dentons on

The Senate's version of the FAA Reauthorization Act of 2016 has finally made it out of committee, and it contains 65 pages of requirements for unmanned aircraft systems (UAS). Some of these provisions go to the heart of the...more

In re Avantair: Is My Airplane Now Yours?

Last month, the United States Court of Appeals for the Eleventh Circuit upheld the Bankruptcy Court and United States District Court for the Middle District of Florida determination that the authorized swapping of parts among...more

FAA calls for contractors to assess airplane cyber threats and vulnerabilities

The Federal Aviation Administration (FAA) is now reaching out to contractors to help assess cyber-attack threats and vulnerabilities to communications systems on airplanes. This new effort is part of the Aircraft Systems...more

Transformational FAA Proposal Taxis for Takeoff

by K&L Gates LLP on

The Aviation Innovation, Reform, and Reauthorization Act of 2016 (“AIRR Act”) introduced by House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) would reshape the U.S. air traffic control (ATC)...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - February 2016

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening...more

FAA Updates Guidance on Obstruction Lighting

The Federal Aviation Administration (FAA) released new guidance on obstructions, updating builders and developers on the requirements for marking and lighting any structure that may impact the National Airspace System (NAS),...more

FAA, Drones and Registration: It's Coming

by Dentons on

The FAA's proposed model aircraft registration system has taken a major step forward. The Aviation Rulemaking Committee (ARC) has delivered its report to the FAA with a wide range of recommendations. When the proposal was...more

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Game of Drones: UAV Entertainment and the FAA

With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive...more

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