June 9, 2026
The Department of Transportation (DOT) recently published a final rule, “Administrative Rulemaking, Guidance, and Enforcement Procedures,” which applies to all DOT agencies, including the FAA.
The final rule covers three main areas:
- Rulemaking processes, restoring transparency and public input mechanisms
- Guidance issuance, requiring explicit disclaimers that guidance is interpretive rather than regulatory, reinforcing protection against enforcement overreach
- Enforcement procedures, restoring DOT-wide enforcement norms and creating a formal process to request DOT general counsel review of specific enforcement actions
Greg Reigel, a partner at Shackelford, McKinley & Norton, LLP, and co-chair of NBAA’s Regulatory Issues Advisory Group, said the guidance portion of the regulation is likely to have the most visible impact on the aviation industry.
“The final rule doesn’t change existing policy regarding agency guidance; it reinforces that guidance documents are exactly that – guidance,” said Reigel. “Guidance material reflects how an agency views or approaches an issue, or it provides direction for internal personnel. It is not binding, and that has not changed.
“Now, when agencies issue guidance, they will include additional clarifying language stating that the guidance is not regulatory in nature, is not binding – it reflects the agency’s interpretation, and provides citations to applicable statutes and regulations,” Reigel explained. “As always, for compliance purposes, stakeholders need to look to the statutory and regulatory language.”
Reigel also pointed to the rule’s enforcement language. Stakeholders may ask the general counsel’s office to review an enforcement action if they believe it is inappropriate or is not being handled properly. Although that review option already existed on an informal basis, the final rule now formalizes and codifies the process.
“Overall, this rulemaking is an effort to increase transparency and to reinforce DOT’s stated position that enforcement actions should be conducted fairly, with due process, and based upon reasonable interpretations of the law,” said Reigel.
NBAA’s Regulatory Issues Advisory Group works to foster an FAA and DOT regulatory environment that benefits business aircraft owners and operators. The group also supports NBAA standing committees on FAA and DOT regulatory matters, including this final rule, by advocating proactively and reactively for a fair, reasonable regulatory structure and educating NBAA members on regulatory developments.
International Business Aviation Council Ltd.