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CBP Proposes Changes to APIS System to Strengthen Aviation Security

On February 2, 2023, the U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking (NPRM) designed to strengthen international air travel security by enhancing information that commercial aircraft...more

House Passes Bill to Create NOTAM Task Force After Significant System Failure

On January 25, 2023, the U.S. House of Representatives overwhelmingly voted to pass the NOTAM Improvement Act of 2023, which would require that the Federal Aviation Administration (FAA) establish a task force to study how to...more

FAA Declines to Extend COVID-19 Relief at U.S. Slot-Controlled and IATA Level 2 U.S. Airports

On October 26, 2022, the Federal Aviation Administration (FAA) announced that it would not extend its COVID-19 related relief policy for U.S. slot-controlled and FAA-designated International Air Transport Association (IATA)...more

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods

The Federal Aviation Administration (FAA) has issued a final rule requiring that flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less...more

Barriers to Entry: FAA Proposes to Require Flight Deck Physical Secondary Barriers on New Aircraft

The Federal Aviation Administration (FAA) has issued a Notice of Proposed Rulemaking (NPRM) to require that certain passenger aircraft be outfitted with “installed physical secondary barrier[s]” or “IPSBs” to further protect...more

DOT Issues Proposed Rule on Airline Ticket Refunds

The U.S. Department of Transportation (DOT) recently issued a Notice of Proposed Rulemaking (NPRM), titled Airline Ticket Refunds and Consumer Protections. The NPRM, which applies to U.S. and foreign airlines and ticket...more

DOT Issues Bill of Rights for Airline Passengers with Disabilities; New Airline Family Seating Notice

The U.S. Department of Transportation (DOT) has published a 10-point Airline Passengers with Disabilities Bill of Rights (Bill of Rights), which “describes the fundamental rights of air travelers with disabilities.” DOT also...more

U.S. Government Requires COVID-19 Vaccination for Foreign Visitors Arriving by Air; Modifies Pre-Departure Testing and Data...

On October 25, 2021, President Biden issued a presidential proclamation titled Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic (the proclamation), and the U.S. Centers for Disease Control and...more

FAA Proposes to Increase Rest Periods for U.S. Airline Flight Attendants

The FAA has issued a notice of proposed rulemaking (NPRM) to require that flight attendants at large U.S. airlines receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less. Under...more

Biden’s Competition EO Mandates Scrutiny of Airline Practices

On July 9, 2021, President Biden issued an Executive Order (EO) designed to promote competition across the U.S. economy. The EO targets a swath of industries — from agriculture to information technology to prescription drugs...more

TSA “Secured Packing Facility” Program Will Facilitate Compliance with New Cargo Screening Requirements

For airlines and airports regulated by the Transportation Security Administration (TSA), aviation security nomenclature is rife with acronyms: airline passengers pass through ASLs (automated screening lanes) every day,...more

DHS Again Postpones REAL ID Deadline

The U.S. Department of Homeland Security (DHS) has again postponed the deadline for compliance with the REAL ID Act of 2005, until May 3, 2023. Under the REAL ID Act, federal agencies may not accept state-issued driver’s...more

U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act

On March 11, 2021, the American Rescue Plan Act of 2021 (the Rescue Plan Act) was signed into law, providing much-needed relief to keep employees on airline payrolls. The Act provides “eligible air carriers” with $14 billion...more

CDC Requires COVID-19 Testing of International Passenger Arrivals in the United States

The U.S. Centers for Disease Control and Prevention (CDC) has released a Notice and Order expanding pre-departure COVID-19 testing requirements — which previously applied only to passengers departing the UK —  to apply to all...more

Congress Provides Additional $15 Billion in COVID-Related Payroll Support Funding for U.S. Airlines

Congress has passed the Consolidated Appropriations Act, 2021, a comprehensive $900 billion COVID relief stimulus package and $1.4 trillion omnibus bill. The President has not yet signed the legislation into law. ...more

DOT Implements New Legal Paradigm for Regulating Airlines

The U.S. Department of Transportation (DOT) recently issued new regulations codifying specific criteria for interpreting its fundamental regulatory authority under 49 U.S.C. section 41712 to prohibit airlines from engaging in...more

DOT Confirms That Comfort Animals Are Not Service Animals

The U.S. Department of Transportation (DOT) has issued a new regulation, “Traveling by Air with Service Animals,” that substantially revises its rules governing the transportation of service animals onboard aircraft. Under...more

GAO Report: TSA Should Review Its “Third-Party Testing” Program for New Security Technology

On a normal travel day (at least pre-COVID), millions of passengers pass through Transportation Security Administration (TSA) screening checkpoints at U.S. airports. Passengers are screened using “body scanners” while...more

Senate Bill Would Require TSA Temperature Checks at U.S. Airports

Under a bipartisan bill introduced in the U.S. Senate, the Transportation Security Administration (TSA) would be required to conduct temperature checks on all passengers and other individuals seeking entry to an airport’s...more

TSA Has Legal Authority to Conduct Air Passenger Temperature Screenings

As airlines seek to restore consumer confidence in air travel, they are urging the Transportation Security Administration (TSA) to administer temperature screenings of all passengers at TSA airport security checkpoints. ...more

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds

As the airline industry grapples with the fallout from COVID-19, one issue is keeping airlines, regulators, legislators, and courts busy: passenger refunds....more

FAA Issues Guidance for Airlines to Carry Cargo in Passenger Cabin

The Federal Aviation Administration (FAA) has issued guidance to airlines wishing to transport cargo in the passenger cabin given reduced passenger demand in the wake of COVID-19. Under 14 C.F.R. § 121.285, airlines may carry...more

DOT Offers Airlines No Relief From Ticket Refund Obligations in Light of COVID-19 Flight Disruptions

The U.S. Department of Transportation (DOT) has issued an Enforcement Notice Regarding “Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel.”...more

DOT to Impose Minimum Air Service Obligations For U.S. Carriers Receiving CARES Act Financial Assistance

The U.S. Department of Transportation (DOT) has issued an order proposing parameters for implementing authority granted to the Secretary of Transportation under the Coronavirus Aid, Recovery, and Economic Security Act (the...more

DOT Clarifies its Enforcement Policy Regarding Coronavirus

The U.S. Department of Transportation (DOT) issued an “Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus” (or COVID-19)....more

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