A Busy Week for Aviation Regulatory Developments

The week of June 29 brought a flurry of regulatory activity from the Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Transportation Security Administration (TSA) impacting companies across sectors including airlines, supersonic aircraft manufacturers, drone operators, and owners/operators of critical infrastructure facilities.  A summary of the key developments is below.

Department of Transportation

Final Rule: Ancillary Fees

On July 1, 2026, the DOT issued a final rule implementing the Fifth Circuit’s vacatur of the 2024 rule, Enhancing Transparency of Airline Ancillary Service Fees. In line with the court’s decision, this final rule restores the regulations on ancillary fees as they existed prior to the 2024 rule and reinstates the 2011 rule framework. The 2011 rule framework, Enhancing Airline Passenger Protections, established disclosure obligations to address consumer concerns regarding fees for ancillary services. This is a major victory for the airline industry.

Final Rule: Unfair and Deceptive Practices

On July 1, 2026, the DOT issued a final rule, Procedures in Regulating and Enforcing Unfair and Deceptive Practices (2026 UDP Rule), marking the latest in a series of regulatory developments following the DOT's initial 2020 final rule, Defining Unfair and Deceptive Practices.

The 2026 UDP Rule makes several notable changes to hearing procedures:

• Restores the "plausible showing" standard for obtaining a hearing, replacing the stricter "clear and convincing" standard adopted in 2022
• Requires a neutral hearing officer
• Restores the opportunity for participants to present testimony and written submissions
• Requires the hearing officer to issue proposed findings of fact, as opposed to the 2022 requirement to provide only minutes of the meeting
• Limits post-hearing statements to parties that participated in the hearing
• Grants petitioners the right to appeal a denial of a hearing to the Secretary within 30 days

The 2026 UDP Rule also rescinds the enforcement clarification published in 2023 and signals the DOT's intent to rescind a guidance document published in 2022.

Notice of Proposed Rulemaking: Air Fare Price Advertising

Also on July 1, 2026, the DOT issued a notice of proposed rulemaking on Enhancing Flexibility of Air Fare Price Advertising. The NPRM proposes to:

• Allow “the total fare, including taxes and fees, to be displayed with the same prominence as any individual components”; and
• Eliminate the requirement “that components of a fare may not be presented in the same or larger size as the total price.”

The proposed changes aim to give airlines greater flexibility in how they display air fares, while ensuring that information is still presented clearly and accurately to consumers. The DOT also proposes rescinding nine existing air fare price advertising guidance documents.

Notably, the DOT is considering repealing the full fare advertising rule, 14 CFR 399.84, in its entirety.

Comments are due on: July 31, 2026.

Transportation Security Administration

Crewmember Access Point Program Fee

The TSA issued a notice setting the fee for aircraft operators participating in CMAP at $19.00 per employee, per year. The CMAP program, formerly known as the Known Crewmember (KCM) program, provides eligible crewmembers of TSA-regulated aircraft operators with expedited screening access to sterile areas at certain U.S. airports. This will be costly to airlines and operators who employ tens of thousands of applicable employees.

Federal Aviation Administration

Notice of Proposed Rulemaking: Flightcrew Member and Flight Attendant Duty and Rest Periods

In a major development, on July 2, 2026, the FAA issued a pre-publication notice of proposed rulemaking, Ensuring Passenger Safety by Preempting Duty and Rest Requirements. The FAA proposes to clarify that FAA regulations governing flightcrew member and flight attendant duty and rest periods preempt all state and local meal and rest break requirements per the Airline Deregulation Act of 1978. If finalized, this will be hugely impactful in challenges to state and local laws that regulate flight attendant duty and rest periods.

Comments are due: August 31, 2026

Notice of Proposed Rulemaking: Supersonic Flight

On June 30, 2026, Transportation Secretary Sean P. Duffy announced the FAA's notice of proposed rulemaking on Supersonic Flight. The proposed rule would replace the long-standing U.S. ban on civil supersonic flight over land with a performance-based framework. Under the proposal, overland supersonic operations would be permitted without a special flight authorization, provided that operators:

• Demonstrate that sonic boom overpressure at the surface does not exceed 0.11 pounds per square foot
• Obtain an FAA finding based on approved measurement, modeling, or other methods
• Comply with FAA-issued operating conditions and limitations

The NPRM is consistent with Executive Order 14304, Leading the World in Supersonic Flight.

Extended Comment Period: Operation of Unmanned Aircraft in Close Proximity to Fixed Site Facilities

Also on June 30, 2026, the FAA extended the comment period for its NPRM on Designation — Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility, originally published on May 6, 2026. You can find our team’s fulsome summary of the NPRM and considerations for drone operators and critical infrastructure owners and operators here: No-Fly Zones for Drones: FAA Proposes New Rules Over Critical Infrastructure | Crowell & Moring LLP

Comments are now due on August 5, 2026. 

Notice of Solicitation: Radar Pilot Data Program

On June 30, 2026, the FAA published a notice of solicitation of participants for the Radar Pilot Data Program. The pilot program is designed to facilitate the sharing of airspace data feeds containing Sensitive Unclassified Information (SUI) and Controlled Unclassified Information (CUI) with qualified users as determined by the FAA Administrator.