Kaplan Kirsch & Rockwell periodically publishes the Airport Law Alert which describes and analyzes recent legal developments related to airports and aviation. The Alert supplements the summaries presented on this Airport News page. Click here to view and download the most recent copy and previous copies of the Alert.
New FAA Procedures for Enforcement OrdersOn August 12, 2014, the FAA announced an amendment to the procedures for issuing enforcement orders under 14 C.F.R. Part 13, including cease and desist orders, to provide an opportunity for an informal conference with an FAA attorney that may resolve, or narrow, the issues under investigation. The amendment will go into effect on October 14, 2014, and the FAA has requested comments by September 11, 2014. Specifically, the FAA proposes to amend 14 C.F.R. 13.20, which authorizes the FAA to issue orders of compliance and cease and desist orders for violations of a number of statutes, including the FAA Act, the Airport and Airway Development Act of 1970, and the Airport and Airway Improvement Act of 1982. Section 13.20 does not apply to alleged violations of grant assurances, which are addressed in 14 C.F.R. Part 16, or to orders regarding certificate action or civil penalties, which are covered in other sections of Part 13. A copy of the Federal Register notice announcing the new rule is available here.
FAA Proposes to Clarify Policy on Aviation Fuel TaxesOn November 21, 2013, FAA published notice of its intent to amend the Policy and Procedures Concerning the Use of Airport Revenue with regard to local taxes on aviation fuels. By statute, local taxes on aviation fuels in effect after January 1988 are to be used only for airport purposes and state aviation programs. The proposed changes would provide that the statutory limits (1) apply to both state and local aviation fuel taxes; (2) apply to any tax on aviation fuel, even if included in a broader tax on other products; (3) apply to taxes on aviation fuel dispensed at the airport, regardless of where the taxes are collected; and (4) apply to a new assessment or imposition of an aviation fuel tax, even if the tax could have been imposed before Dec. 30, 1987. For a copy of the Federal Register notice, click here.