DOT PUBLISHES TWO NEW RULEMAKINGS IN FEDERAL REGISTER; EFFECTIVE DATES BELOW
June 3, 2024
On Friday, May 17, 2024, the President signed into law the Federal Aviation Administration (“FAA”) Reauthorization Act of 2024 (“the Act”). The Act reauthorized the FAA for the next five years and makes significant investment in air travel infrastructure including $105 billion in funding for the FAA and $738 million for the NTSB. Among the initiatives include:
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The controversial 1,500-hour rule will remain in effect which requires commercial pilots in training to record 1,500 hours in actual cockpit in order to become certified. The rule is seen by critics as unnecessary, and causative of pilot shortages.
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Commercial airlines would be required to maintain cockpit voice devices able to record 25 hours of data, up from the current 2 hours.
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Requires the FAA to study and address Air Traffic Controller shortages.
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Sets refund standards including automatic refunds when certain thresholds are met and prohibits airlines from charging additional fees to families that want to sit together onboard.
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Increased legal protections for gate and check-in agents.
Another item of interest is a five (5) year authorization of the National Transportation Safety Board (“NTSB”) which is responsible for investigating civil aviation accidents. The Act includes several significant modifications to existing family assistance legislation under 49 U.S. Code §1136, amended under § 1215 (Improving Delivery of Family Assistance) and is intended to enhance the support provided to passengers and their families involved in aircraft accidents. Among the more significant changes to the Act include:
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Expansion of care to include psychological and family support services.
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Emphasis on maintaining post-accident communication with both passengers and their families.
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Greater protections from the release of passenger or family information.
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Agencies must receive express authority to release information derived from passenger lists, and organizations and services must provide regular updates and support rather than periodic ones.
The NTSB’s Transportation Disaster Assistance Division will discuss these changes on June 13, 2024.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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