On July 21, 2010, the Federal Aviation Administration (FAA) published a final rule updating the regulations codified at 14 C.F.R. Part 77.  Part 77 governs the safe, efficient use and preservation of the national airspace and outlines the process by which FAA reviews proposed new structures, or alterations of existing structures, to determine whether the structures may create hazards to air navigation.   The new regulations include specific factors identified by Congress in Public Law 100-223 that FAA must consider when conducting aeronautical studies.  Other key changes include extending the required notice period from 30 days prior to construction to 45 days prior to construction; new notice requirements for construction near private-use airports with instrument approaches; and new information regarding the processing of petitions for discretionary review.  The new rule also requires FAA to evaluate electromagnetic effects, but FAA deferred its proposal to implement formal standards for electromagnetic interference until it can further coordinate with relevant agencies.  The FAA also deferred new rules specifically addressing wind and solar projects around airports.  The new rule will become effective on January 18, 2011.

Click on the link below to view and download a copy of the Federal Register notice containing the new rule.

On July 13, 2010, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Transportation's amendments to the 1996 Policy Regarding Airport Rates and Charges.  The amendments to the policy recognized a congested airport's power to:  (i) include the cost of an airfield project under construction and the cost of a secondary airport in the rate base, (ii) impose a two-part landing fee to include a per-operation charge and a weight-based charge, and (iii) to impose the higher charges during peak periods.  In Air Transport Association v. DOT, the court rejected each of petitioner's challenges to the amended policy.  The court concluded, "As the airspace is used ever more intensively, it is unsurprising that the Department would update its approach to landing fees in an effort to relieve airport congestion.  So long as it complies with the applicable statutes, its creativity should be welcomed on its merits, not spurned for its novelty."  Click on the link below to view and download a copy of the court's opinion.