Regulatory Alert: AAAE Seeking Airport Feedback on Regulatory Reform; Will Host Call on March 5
February 25, 2025
AAAE is distributing a survey to collect feedback and help us develop recommendations for the Trump administration to consider implementing as part of its agenda to advance “deregulation” and reduce the size of the federal workforce. An executive order issued last week directed each agency to review and identify for repeal or modification any regulations or guidance documents that are, among other things, imposing significant costs on industry or significantly and unjustifiably impeding infrastructure development. Both the deregulation and workforce reduction initiatives provide an opportunity for AAAE and airports to push for regulatory reform and the streamlining of agencies’ internal review processes.
AAAE has already prepared a set of high-level priorities for the administration to consider, such as streamlining project approvals by ensuring strict review deadlines, increasing the use of categorical exclusions during the NEPA review process, and providing more local control over airport infrastructure financing. You can read these priorities here, which were shared with the transition team for the Department of Transportation and Federal Aviation Administration. We are seeking to provide a more comprehensive set of recommendations on regulations and guidance that should be repealed or modified in accordance with the recently issued executive order.
To help us develop the recommendations, we are asking for you to complete this survey by Friday, March 7. We have also scheduled an AAAE-hosted discussion with our members on Wednesday, March 5, at 3-4 p.m. ET, to share our preliminary thoughts and collect additional feedback. You can sign up to participate in the discussion here.
Background. In the first month of his administration, President Trump has made it a clear priority to advance a deregulatory agenda and reduce the size of the federal workforce. In terms of deregulation, there are two major directives to each federal agency:
- 10-for-1 Deregulatory Initiative: One executive order directed each agency to ensure that at least 10 existing regulations or guidance documents are repealed if such agency seeks to promulgate a new regulation or guidance document. In addition, the order effectively requires agencies to reduce the overall cost of regulatory compliance across the federal government in the short term. Additional information can be found in our February 3 Regulatory Alert.
- Repeal/Modification of Regulations: A second order directed each agency to review and identify for repeal or modification any regulations or guidance documents that are, among other things, inconsistent with the agency’s statutory authority, imposing significant costs on industry relative to their benefits, or significantly and unjustifiably impeding infrastructure development. The deadline for agencies to submit their list to the White House is April 20. Additional information can be found in our February 20 Regulatory Alert.
In addition, the Trump administration has focused significant efforts on reducing the federal workforce, which may put pressure on agencies to streamline their internal review processes due to less staffing. However, it is important to note that both orders exempt regulations and actions associated with homeland security and immigration-related functions.
Potential Areas for Recommendations. Both Part 139 certificated airports and general aviation airports are subject to a significant number of federal requirements and approval processes through statutes, regulations, and grant agreements in the areas of safety, security, operations, planning and design, infrastructure development, environmental impacts, airport finance, revenue use, and civil rights, among others. We urge your airport to consider the full range of requirements that must be satisfied and evaluate whether some may be repealed, modified, or streamlined.
AAAE has heard from members that infrastructure project approvals and NEPA reviews typically lead to the longest review and approval times. We are exploring proposals that would require an application or request to be approved if not acted upon within a certain period of time. We have urged FAA to expand the scope of categorical exclusions for NEPA reviews. And in some cases, FAA should also allow airports to certify that they are in compliance with a requirement rather than require its staff to review and approve a request. We welcome feedback on some of these general principles and how they could be applied to different types of reviews.
AAAE Survey and Discussion. To help us generate recommendations, we have put together a series of questions that are intended to assist you and your airport with understanding how federal requirements may be impacting your operations and projects and which may be ripe for repeal or modification. Again, due to the exemptions for homeland security and immigration-related functions outlined in the executive orders, we expect there will be fewer opportunities for deregulatory initiatives at TSA and CBP. However, we welcome your feedback on the full range of federal requirements, including security. You can find the questions in AAAE’s survey here. We appreciate members providing us with feedback through the survey by Friday, March 7.
AAAE will also be hosting a virtual discussion with our members on Wednesday, March 5, at 3-4 p.m. ET, to share preliminary thoughts and recommendations for AAAE’s regulatory reform priorities and collect additional feedback from members. If you would like to participate in the discussion, please complete this sign-up form here.
