DOT Announces Final Rule Repealing Certain CRAF Regulations
March 30, 2020
On February 25, 2020, the DOT issued an immediately effective Final Rule that rescinded 49 C.F.R. Part 93, which contains procedures for the allocation of aircraft to the Civil Reserve Air Fleet (CRAF). According to DOT, these regulations have become obsolete because they are inconsistent with the contractual nature of the current CRAF program. Originally, aircraft were made available for CRAF through allocation by the DOT or by contract with the Department of Defense (DOD). However, under current practice, all aircraft in the CRAF fleet are made available by contract through DOD, and DOT now has the further ability to allocate civil transportation resources through 49 C.F.R. Part 33, the Transportation Priorities and Allocation System (TPAS). As Part 93 is no longer necessary to support CRAF, and has become inconsistent with TPAS regulations, DOT has rescinded and reserved Part 93.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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