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Focus on Regulation

Tag Archives: DOT

Update on FCC 5.9 GHz band rule-making

On May 14, 2019, Federal Communications Commission (FCC) Chairman Ajit Pai announced plans to open a rule-making to take a “fresh look” at the 5850-5925 megahertz (MHz) (5.9 gigahertz (GHz)) spectrum band. Initial reports suggested that the FCC would take the issue up in June, but the 5.9 GHz rule-making was not included on the

Huge News: FAA/DOT Release Small UAS Rule

The commercial UAS industry in the U.S. took a giant leap forward yesterday, as DOT and FAA released its Final Rule for the Operation and Certification of Small UAS (Part 107). At 624 pages long, there is certainly a lot to digest and we will be following up with more analysis of Part 107 throughout this week and next. For the time being, we wanted to provide you with a high-level overview of Part 107 and to identify a few areas where the FAA surprised us (mostly in a good way).

BREAKING: DOT Accepting Public Comments on UAS Registration Requirements

Yesterday, the Department of Transportation (DOT) announced the creation of a task force charged with developing a registration process for unmanned aircraft systems (UAS), or drones, for both commercial and hobbyist use. Secretary Foxx directed the task force to deliver its recommendations by November 20, with the goal of having final registration rules in place by mid-December.

BREAKING: DOT Announces Plan to Require Registration of All Hobbyist and Commercial Unmanned Aircraft Systems (UAS)

Yesterday, the Department of Transportation (DOT) announced a new plan that will require registration of unmanned aircraft systems (UAS), or drones, for both commercial and hobbyist use. While commercial UAS operators are currently required to register their UAS with the FAA, hobbyist operators are currently exempt from registration requirements.

Obama Administration Announces Comprehensive Reforms for Permitting Large Infrastructure Projects

On 14 May 2014, the Obama administration released a plan for improving the federal government’s review and permitting of large infrastructure projects (including surface and air transportation, renewable and conventional energy infrastructure, electricity transmission, water resource projects, ports and waterways, and broadband infrastructure). Read More: Obama Administration Announces Comprehensive Reforms for Permitting Large Infrastructure Projects

The Department of Transportation Unveils Plans for Connected Vehicles

Yesterday, the Department of Transportation (“DOT”) and the National Highway Traffic Safety Administration (“NHTSA”) unveiled their anticipated announcement regarding connected vehicle technology.  DOT and NHTSA announced their intention “to begin working on a regulatory proposal that would require V2V [Vehicle to Vehicle] devices in new vehicles in a future year, consistent with applicable legal requirements,

U.S. Department of Transportation Issues Consent Order for Violations by JetBlue

The U.S. Department of Transportation has issued a consent order against JetBlue for multiple violations of the DOT’s consumer regulations, including (1) the full fare pricing rule, (2) the 24-hour cancellation/refund rule, and (3) the rules on advertising “free” travel.   JetBlueConsentOrder2013620 The DOT concluded that JetBlue had violated these rules, ordered the carrier to cease-and-desist

U.S. Department of Transportation Awards Slot Exemptions to Southwest Airlines

The U.S. Department of Transportation today awarded two within-perimeter slot exemptions to Southwest Airlines for nonstop service from Ronald Reagan Washington National Airport (DCA) to Houston (Hobby). DOTOrder2013-5-6.  In making the award, the Department chose Southwest’s service proposal over JetBlue’s proposal for nonstop service to Jacksonville, Florida, and US Airways’ proposal for nonstop service to Oklahoma

U.S. Department of Transportation Imposes Consent Order on Southwest Airlines

 The U.S. Department of Transportation has entered a Consent Order against Southwest Airlines for failing to provide timely dispositive written responses to written complaints involving disabled travelers under 14 CFR Part 382 and for failing to provide timely substantive responses to complaints involving scheduled service under 14 CFR Part 259.  SouthwestDOTConsentOrder    As the Department explained, “Pursuant

U.S. leads world in distracted driving; governments, mobile carriers, tech companies searching for solutions

In a recent report on “distracted driving” in the United States and Europe, the Center for Disease Control (“CDC”) found that the Americans talk, text, and read e-mail behind the wheel far more than Europeans.  In its study comparing distracting driving in the United States to Belgium, France, Germany, the Netherlands, Portugal, Spain, and the

U.S. Department of Transportation Issues Updated Guidance related to Charters

 The U.S. Department of Transportation has issued updated guidance regarding charter prospectus filings and charter operations.  This latest guidance was reportedly meant to address the inconveniences and issues that arose in connection with charter operator Direct Air’s cessation of service. Notice 380 jan14 2 website (5)  In addition, the Department has prepared draft “assurances” that will

U.S. Department of Transportation Imposes Civil Penalty on Foreign Air Carrier for Failure to File Disability-Related Complaint Reports in a Timely Manner

The U.S. Department of Transportation (“DOT”) has imposed a civil penalty of $20,000 on AeroSvit, a foreign air carrier, for its failure to file required disability-related complaint reports in a timely manner.  AeroSvitConsentOrder Under 14 CFR § 382.157, a carrier covered by the regulation – including foreign air carriers operating passenger service to, from, or within the

U.S. Department of Transportation Imposes A $15,000 Civil Penalty on A Ticket Agent for Violating DOT’s New Full Fare Rule.

The U.S. Department of Transportation today imposed a civil penalty of $15,000 against FlightNetwork.com for violating the new full fare rule.  FlightNetworkOrder FlightNetwork is a ticket agent in Canada, whose primary customer base is in Canada, but it has sold some tickets to U.S. consumers.  Because it holds out air transportation to, from, or within

U.S. Department of Transportation Imposes $250,000 Civil Penalty on British Airways for Violations of Consumer Protection Rules

  The U.S. Department of Transportation (DOT) today issued a Consent Order imposing a large civil penalty on British Airways for violations of its consumer protection rules.  DOT Order 2012-10-1   BritishAirwaysConsentOrder The Department concluded that British Airways had violated Article 17 (damaged/lost baggage) of the Montreal Convention by implementing a policy and tariffs whereby it

U.S. Department of Transportation Fines Pakistan Int’l Airlines $150,000 for Violating Tarmac Delay Rule

The U.S. Department of Transportation imposed a $150,000 civil penalty on Pakistan International Airlines (PIA) for violating the relatively new “tarmac delay” rule.  PAIOrder In this case, the flight from Manchester (UK) to New York’s JFK International Airport diverted to Washington Dulles International during an October 2011 “early winter weather event” which caused significant equipment

U.S. Department of Transportation Imposes A Substantial Civil Penalty Against Aeroflot for Violating New Passenger Protection Rules

The U.S. Department of Transportation (DOT) fined Aeroflot $60,000 for violations of its new passenger protection rules, with $30,000 of the penalty to be forgiven if Aeroflot does not violate the corresponding cease-and-desist order within one year.      AeroflotConsentOrder The DOT concluded that Aeroflot violated the new “full fare” advertising rule in 14 CFR 399.84(a) by

U.S. Department of Transportation Imposes Substantial Civil Penalties Against Several Foreign Airlines for Violating New Passenger Protection Rules

 The U.S. Department of Transportation (DOT) recently fined several foreign carriers for violations of its new passenger protection rules.  The civil monetary penalties ranged from $60,000 to $70,000.  DOT fined Royal Jordanian Airlines for two violations:  (1) its failure to comply with the new “full fare” advertising rule under 14 CFR 399.84(a) by displaying only the base

USDOT and PHMSA Propose Harmonizing Hazardous Materials Regulations with International Standards

The United States Department of Transportation (“USDOT”) and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) today published a Notice of Proposed Rulemaking (“NPRM”) proposing to amend USDOT/PHMSA regulations for hazardous materials (“hazmat”) to “maintain alignment with international standards”.  NPRMHazmat, 77 Fed. Reg. 49168 (August 15, 2012).  To harmonize its hazmat regulations with international standards in the International Maritime

U.S. Department of Transportation Denies Request for Enforcement Moratorium Extension on New Baggage Rules

The United States Department of Transportation (“DOT”) has denied the request by several airline trade associations to extend its moratorium on enforcing certain aspects of the new baggage rules, 14 CFR Sections 399.85(c) and 399.87.  DOTDenial of Extension.   Airlines for America, the International Air Transport Association, the Regional Airline Association, and the Air Carrier Association

United States Department of Transportation Publishes Draft Updated Technical Assistance Manual About Rights/Responsibilities under Air Carrier Access Act

 On July 5, 2012, the U.S. Department of Transportation published a draft updated Technical Assistance Manual (TAM) for airlines and passengers with disabilities about their rights and responsibilities under the Air Carrier Access Act.  DRAFT Technical Assistance Manual.  This draft TAM is intended to update the previous TAM on these same issues issued in 2005  in

GAO Issues Briefing on Delayed Baggage and Options for Compensating Airline Passengers

 The General Accountability Office (“GAO”) issued a briefing late last week on delayed baggage in the airline industry and options for compensating passengers. GAO Briefing.  The FAA Modernization and Reform Act of 2012 required such a briefing from the Comptroller General.  In preparing its briefing, the GAO interviewed DOT officials, airline representatives, and consumer organization representatives, analyzed

DOT Issues Guidance on Use of the Term “Free” in Air Fare Advertisements and Disclosure of Consumer Costs in Award Travel

The U.S. DOT this week issued guidance related to the use of the term “free” in air fare advertising and the disclosure of costs associated with award travel.  DOT Guidance Free.  The DOT is giving entities covered by this guidance sixty days to modify their promotional material in accordance with this guidance. The DOT announced

Foreign Air Carrier Fined by DOT for Violations of Parts 259 and 399

The U.S. DOT has imposed a civil penalty on a foreign air carrier for $80,000 for violations of relatively new rules relating to length tarmac delay contingency plans, customer service plans, and fees for optional services.  See DOT Order here.  DOT Order 2012-5-4. In April 2011, the DOT issued a series of expansive consumer-related regulations.