FAA Releases Draft AIP Grant Assurance Changes

On April 25, the FAA released proposed Grant Assurance updates, marking the first update of the Grant Assurances since May 2022.  The five updates pertain to both FAA Reauthorization Act of 2024 provisions and recent executive orders.  Specifically, changes include modifications to Grant Assurance 5 and Grant Assurance 29 to ensure conformity with Section 743 of the FAA Reauthorization Act of 2024 by clarifying the FAA’s role in the use, lease, disposal, etc. of airport property not purchased with federal funds.  Grant Assurance 30, Civil Rights, was updated to conform to Executive Order 1451 Ending Radical and Wasteful Government DEI Programs and Preferencing.  Finally, the FAA added Grant Assurance 40, Access to Leaded Aviation Fuel, requiring airport sponsors that had 100LL avgas at their airport in 2022 to keep it there until the earlier of December 31, 2030, or until there is an FAA-authorized replacement available.  Reminder that any airport violating this grant assurance can be assessed a civil penalty of not more than $5,000 for each day the airport fails to comply.

The FAA is accepting comments regarding the proposed Grant Assurance updates until May 9.  Comments may be submitted through the eRulemaking Portal.

Homeland Security Secretary Noem Announces Full Enforcement of REAL ID May 7

In an abrupt turn on April 11, the Transportation Security Administration (TSA) announced that full card-based enforcement of REAL ID will begin May 7.  Card-based enforcement will require travelers over the age of 18 to show a REAL ID compliant identification at TSA security screening checkpoints in order to board domestic flights.  The TSA stated that travelers that do not have REAL ID compliant identification can expect to face delays, additional screening, and the possibility of being denied access through the TSA security screening checkpoint.

On April 15, the TSA hosted a REAL ID Industry Day Meeting where the TSA stated they will treat this implementation period as a peak operational period with all hands on deck.  The TSA Headquarters has provided Federal Security Directors with multiple potential implementation strategies and the flexibility to decide on the appropriate approach to minimize operational impacts locally.

The TSA had issued a final rule in January of this year enabling the use of a phased approach for REAL ID card-based enforcement, leading many stakeholders to believe that the TSA would use the phased approach to facilitate a smooth implementation, rather than day one enforcement.

Judge Halts Trump Administration’s Effort to End Humanitarian Parole Leaving Airports with Questions

On April 14, a federal judge in the U.S. District Court for the District of Massachusetts stayed the Trump Administration’s order to revoke legal status and work permits for over 500,000 people in the U.S. under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) Humanitarian Parole program.  See Svitlana Doe, et. al. v. Noem, et. al., No. 25-cv-10495 (D. Mass. Apr. 14, 2025).  The Judge’s order stays both the blanket termination of parole and work authorization on April 24 without a case-by-case review and the revocation notices sent to some CHNV parolees from USCIS notifying them of revocation without a case-by-case review.  As a result of the stay, individuals with authorization to work through CHNV may continue to work for the period previously granted by the U.S. government.

Many open questions remain for airport operators from both their perspective as an employer and as a manager of airport-issued ID media.  As an employer, airport operators may consider reviewing their employment authorization document review practices to ensure they understand who has a C11 parole code and whether, based on the country of birth, any executive actions or court orders apply.  As a manager of airport-issued identification media, airport operators may consider reviewing applicable airport identification media security directives and policies and practices to ensure compliance.

Of note, from both perspectives, airports should consider that employees or airport identification media holders may have applied for or received other immigration statuses after receiving employment at the airport or their airport identification media.

Senators Call for DOJ to Reinstate the Transportation Interdiction Program

On April 1, Senators Blackburn (R-TN) and Cruz (R-TX) sent a letter to the U.S. Department of Justice (DOJ) requesting the reinstatement of the Transportation Interdiction Program.  The program, which was suspended in December 2024, relies on federal civil asset forfeiture law to seize cash and other property suspected of being involved in criminal activity.  The program had come under scrutiny for abuses of the authority.

DOT Request for Comment on Regulations for Repeal

On April 3, the Department of Transportation issued a request for information seeking existing regulations, guidance, paperwork requirements, and other regulatory obligations that can be modified or repealed.  The effort is part of DOT’s efforts to comply with Executive Order 14219 Ensuring Lawful Governance and Implementation of the President’s Department of Government Efficiency Deregulatory Agenda.  Comments are due May 5, and can be submitted through the Federal eRulemaking Portal.

Transportation Secretary Duffy to Speak with Homeland Security Secretary Noem

In an effort to improve traveling for families, Transportation Secretary Duffy reached out to his social media followers requesting their input on the topic.  Secretary Duffy stated that he would discuss proposals to change various TSA protocols with Homeland Security Secretary Kristi Noem.  According to Secretary Duffy, TSA was the number one complaint that he received, including the differences in TSA standards airport to airport.

Aviation Subcommittee Hearing on Airport Infrastructure

The House Transportation & Infrastructure Committee’s Subcommittee on Aviation held a hearing on April 8 that explored the current state of U.S. airport infrastructure, including challenges airports face in addressing airside and landside needs, ways the FAA Reauthorization Act of 2024 addressed these challenges, and opportunities to further improve airport infrastructure.  Witnesses included Michael Landguth, President and Chief Executive Officer, Raleigh-Durham Airport Authority (RDU), Lawrence Krauter, Chief Executive Officer, Cincinnati/Northern Kentucky International Airport (CVG), and Andre Sutton, International Vice President and Director of Air Division, Transport Workers Union of America (TWU AFL-CIO).

Congressman Brad Knott (R-NC) focused on bureaucratic overreach delaying investment in airport infrastructure.

Congressman Steve Cohen (D-TN) hyped investments at Memphis International Airport.

FAA Issues Draft AC 150/5370-10J, Standards for Specifying Construction on Airfields for Comment

On April 8, the FAA released Draft AC 150/5370-10J, Standards for Specifying Construction of Airfields for industry review.  The FAA will consider comments received before June 13, for inclusion in the ACC.  Commentors should use the comment matrix and e-mail them to Harold Honey.

AOPA Pushing for ADS-B Protections

AOPA has launched a multi-front effort seeking to stop the practice by airports of using Automatic Dependent Surveillance-Broadcast (ADS-B) data for, among other things, the collection of airport landing fees.  In a February letter to the FAA Acting Administrator Chris Rocheleau, AOPA requested the FAA end the increasing uses of ADS-B data.

AOPA is also pushing this issue at the State level, seeking legislation banning the use of the technology for the collection of landing fees.  Legislation in Montana banning the practice of using ADS-B for landing fees has passed the House and Senate and will be sent to the Governor for signature.

NASA Study of AAM Noise Impacts

On April 22, the National Aeronautics and Space Administration (NASA) published a request for information to support their study of the human response to noise generated by Advanced Air Mobility (AAM) aircraft.  NASA seeks input from geographically diverse participants to gather baseline data and support future design and structural development of AAM aircraft.  NASA is accepting public comments through May 22, 2025.

Municipal Bond Tax-Exempt Status

The House Ways and Means Committee is currently considering measures to generate tax revenue in support of the budget approval process, discussed further below in the reconciliation section.  One proposal would repeal the tax-exempt status of state and local bonds.  This proposal “would retain an estimated $114 billion in tax revenue over the next 10 years”.

On April 4, a bipartisan group of 25 members of Congress sent a signed letter to Chairmen Smith of the House Ways and Means Committee asking him to preserve the tax-exempt status of municipal bonds.  A second letter supporting the tax-exempt status of municipal bonds signed by the House Financial Services Committee Leadership was sent to Chairman Smith April 11.

Reconciliation Conversation Heats Up

Budget talks at the Capital have heated up, bringing other legislative priorities to a grinding halt, as Republicans work to pass President Trump’s “Big Beautiful Bill”.  On April 10, House Republicans passed a budget, clearing the way for the partisan reconciliation process.  House Republicans agreed to pass the bill because Senate Majority Leader Thune (R-SD) promised that the Senate would adhere to the House’s floor for spending cuts in the budget reconciliation package.

Reconciliation is a legislative process that allows for the quick advancement of high-priority tax, spending, and debit limit legislation. Reconciliation bills are not subject to filibuster in the Senate and have limited scope, making this a popular process for passing controversial legislation.

Republicans hope to agree on and pass a reconciliation package by July 4.  The major items of President Trump’s agenda that Congress needs to agree upon include tax cuts, border security, defense funding, and energy policy among other controversial items.

New Bills Introduced in Congress

S. 1249: also known as the Drone Integration and Zoning Act, proposes to redefine drone airspace management and zoning authority. It grants states, local governments, and property owners control over airspace up to 200 feet above ground level (AGL), shifting responsibility from the Federal Aviation Administration (FAA). Specifically, the bill aims to preserve the zoning authority of local entities for takeoff and landing zones, as well as to allow private landowners to regulate drone operations within 200 feet of their property.  Introduced April 2, by Sen. Lee (R-UT).

S. 1250: authorizes counter-UAS activities on and off commercial service airport property. Introduced April 2, by Sen. Lee (R-UT).

H.R. 2751: requires approval of Congress for a certain reduction of FAA workforce.  Introduced April 8, by Rep. Torres (D-CA).

H.R. 2962: designates certain airports within 30 miles of the northern and southern borders as ports of entry (POE) and terminate the corresponding airport user fees. Introduced April 17, by Rep. Stefanik (R-NY) and Rep. Gonzalez (R-TX).

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Questions? Contact the AIRPORT TEAM

Margaret Martin
(615) 716-2293

margaret.martin@thompsonburton.com

 
Sean Cusson
(615) 543-5184

scusson@thompsonburton.com

 
Myatt McClure
(615) 465-6014

mmcclure@thompsonburton.com

 
Thompson Burton PLLC

Nashville Office

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