Aviation Regulatory

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DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations [Alert]

Jonathon Foglia and Michael Deutsch discuss the U.S. Department of Transportation's proposed changes to regulations, which would enact penalties for wheelchair mishandling, ensure safe, dignified, and prompt assistance, and improve accessibility standards for disabled passengers.

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Cozen O’Connor’s aviation regulatory team has advised on some of the most consequential matters in the industry, including but not limited to: large airline mergers, the formation of new air carriers, the development of federal rules on aircraft safety and security, and the reorganization and management of airlines in Chapter 11 bankruptcy.

A distinguishing feature of the firm’s aviation team is its ability to work in tandem with Cozen O’Connor Public Strategies, a highly respected and skilled government affairs team based in Washington, D.C., that represents clients before all three branches of the U.S. federal government and various state bodies. Key members of the Public Strategies group have direct aviation industry experience, including a former general counsel to the U.S. Export-Import Bank and former senior staff members of key congressional committees.

Our clients include major U.S. and non-U.S. passenger and cargo airlines; airline trade associations; public charter operators; aircraft, engine, and equipment manufacturers; aircraft lessors; corporate flight departments; air travel distribution companies; advanced air mobility/air taxi and uncrewed aircraft system (drone) manufacturers and operators; air/ground express delivery companies; and logistics specialists. We also advise and represent Fortune 500 companies, banks, private individuals, private equity funds, and other investors with aviation-related operations or transactions.

Our regulatory work encompasses all applicable regulatory and legal requirements, including those administered by the U.S. Department of Transportation (DOT), the Federal Aviation Administration (FAA), the Department of Homeland Security (DHS), the Transportation Security Administration (TSA), U.S. Customs and Border Protection (CBP), the National Transportation Safety Board (NTSB), the U.S. Centers for Disease Control and Prevention (CDC), and the Antitrust Division of the Department of Justice.

Our team assists clients with a wide range of regulatory needs, from securing government approvals to advocating before policymakers and regulators in Washington, D.C. We provide our non-U.S. airline clients with a full spectrum of regulatory assistance in matters including, but not limited to: DOT foreign air carrier permits and exemptions providing traffic rights, FAA operations specifications establishing safety and operating requirements, TSA foreign air carrier security programs, DOT carrier plans to address lengthy tarmac delays at U.S. airports, DOT customer service plans, DOT requirements for accommodating persons with disabilities in air travel, NTSB/DOT plans to address the needs of families of passengers involved in air accidents, CBP agreements addressing passengers entering the United States under the Visa Waiver Program, CBP landing rights, FAA approval for wet leasing and aircraft interchange arrangements, DOT approval for codesharing arrangements and long-term wet leases, and “doing business” state registrations.

Our team also regularly advises aviation clients on antitrust matters, including those before the U.S. Department of Justice. The firm advises on economic and codesharing authority, international routes, frequencies and traffic rights, antitrust immunity, export controls and sanctions, licensing and certification, aircraft registration, taxes and fees, airport slots, rates and charges, consumer protection matters, safety and security, and compliance with standards and recommended practices adopted by the International Civil Aviation Organization.

During the coronavirus pandemic, our aviation team was actively involved in advising major U.S. and non-U.S. airlines and other aviation companies on a wide range of COVID-related issues, including those under the CARES Act.

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Experience

Publications

Lexology Panoramic Air Transport 2025

September 02, 2024

Jonathon Foglia and Amanda Geary Losacco contributed the United States Chapter to the Lexology Panoramic Air Transport 2025 guide.

Global Governance: Goals and Lessons for AI [Microsoft]

May 17, 2024

David Heffernan and Rachel Schwartz contributed the chapter “The International Civil Aviation Organization (ICAO) “ to the Global Governance: Goals and Lessons for AI book published by Microsoft.

Expect Turbulence Ahead as State AGs and DOT Join Forces to Investigate Airlines and Travel Agencies [Alert]

April 25, 2024

Ann-Marie Luciano, Meghan Stoppel, Jonathon Foglia, and Patrick Rizzi discuss the DOT's recent announcement of an Airline Passenger Protection partnership with State AGs to empower AGs to more effectively investigate complaints and enforce state laws.

DOT Proposes Consequential Changes to Air Carrier Disability Accessibility Regulations [Alert]

March 05, 2024

Jonathon Foglia and Michael Deutsch discuss the U.S. Department of Transportation's proposed changes to regulations, which would enact penalties for wheelchair mishandling, ensure safe, dignified, and prompt assistance, and improve accessibility standards for disabled passengers.

Ready for Takeoff: Introducing Powered-Lift in the Next Era of Civil Aviation Innovation [The Air & Space Lawyer]

December 03, 2023

Amanda Losacco contributed an article to The Air & Space Lawyer discussing the Federal Aviation Administration's efforts to integrate powered-lift operations into the National Airspace System.

DOT Issues Rule on Aircraft Lavatory Accessibility for Passengers with Disabilities [Alert]

July 28, 2023

Jonathon Foglia, Michael Deutsch, and Rachel Schwartz discuss the DOT's new rule requiring lavatories on most single-aisle commercial aircraft operated to, from, or within the United States to be more accessible for passengers with disabilities.

Unintended Consequences: Why the Biden Administration’s Proposed Aviation Consumer Protection Initiatives Will Worsen the Air Travel Environment [The Air & Space Lawyer]

July 27, 2023

Michael Deutsch discusses the Department of Transportation’s (DOT) new proposed aviation consumer protection regulations in The Air & Space Lawyer.

CBP Proposes Changes to APIS System to Strengthen Aviation Security [Alert]

February 21, 2023

CBP looks to strengthen security by enhancing information that commercial aircraft operators must electronically transmit to CBP through its APIS.

House Passes Bill to Create NOTAM Task Force After Significant System Failure [Alert]

January 27, 2023

The task force will study how to improve the FAA’s Notice to Air Missions system after its failure caused a nationwide ground stop earlier this month.

FAA Declines to Extend COVID-19 Relief at U.S. Slot-Controlled and IATA Level 2 U.S. Airports [Alert]

November 02, 2022

The FAA will not extend its COVID-19 related relief policy for U.S. slot-controlled & FAA-designated International Air Transport Association Level 2 airports.

FAA Issues Final Rule Increasing Mandatory Flight Attendant Rest Periods [Alert]

October 14, 2022

The FAA's rule requires that flight attendants receive a rest period of at least 10 consecutive hours between periods of duty lasting 14 hours or less.

FAA Modifies International Aviation Safety Assessment Program [Alert]

October 03, 2022

The FAA announced several key changes to its International Aviation Safety Assessment program.

DOT Issues Airline Ancillary Fee Proposal [Alert]

September 28, 2022

The U.S. DOT will consider a proposed rule to ensure that consumers have certain ancillary fee information at the time of ticket purchase.

Barriers to Entry: FAA Proposes Flight deck Physical Secondary Barriers [Alert]

August 15, 2022

The FAA proposes rule to require new aircraft be outfitted with installed physical secondary barriers to further protect the flight deck from intrusion.

DOT Issues Proposed Rule on Airline Ticket Refunds [Alert]

August 08, 2022

The Department of Transportation issued a Notice of Proposed Rulemaking, titled Airline Ticket Refunds and Consumer Protections.

DOT Issues Bill of Rights for Airline Passengers with Disabilities; New Airline Family Seating Notice [Alert]

July 12, 2022

The U.S. DOT has published a Airline Passengers with Disabilities Bill of Rights which describes the fundamental rights of air travelers with disabilities.

Airlines Applaud Lifting of COVID Testing Requirement for U.S. Arrivals [Alert]

June 23, 2022

The CDC rescinded the COVID-19 testing requirement for U.S. arriving passengers on June 15. Airlines for America welcomed the CDC's decision.

TSA Releases Five-Year Air Cargo Security Roadmap [Alert]

January 05, 2022

Rachel Welford discusses TSA's recently releases Air Cargo Security Roadmap.

U.S. Government Requires COVID-19 Vaccination for Foreign Visitors Arriving by Air; Modifies Pre-Departure Testing and Data Collection Requirements [Alert]

October 28, 2021

Jonathon Foglia and Rachel Welford discuss the president's proclamation and the CDC's orders that impose additional restrictions and documentary requirements on airlines and other air operators, passengers, and crew members to combat the spread of the virus that causes COVID-19.

Biden’s Competition EO Mandates Scrutiny of Airline Practices [Alert]

July 12, 2021

Jonathon Foglia and Rachel Welford discuss President Biden's executive order to promote competition across the U.S. economy.

TSA “Secured Packing Facility” Program Will Facilitate Compliance with New Cargo Screening Requirements [Alert]

June 22, 2021

Rachel Welford discusses the TSA's new Secured Packing Facility program designed to help ease the burden of complying with new cargo screening requirements.

DHS Again Postpones REAL ID Deadline [Alert]

April 29, 2021

Rachel Welford discusses DHS's extension of the REAL ID deadline to May 3, 2023.

U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act [Alert]

March 15, 2021

Rachel Welford and Katie Sobotta discuss the American Rescue Plan Act of 2021 that provides much-needed relief to airlines for the continuation of employee wages, salaries, and benefits.

CDC Requires COVID-19 Testing of International Passenger Arrivals in the United States [Alert]

January 15, 2021

Rachel Welford and Kathryn Sobotta discuss the CDC's new notice and order requiring pre-departure negative COVID-19 tests from all U.S.-bound passengers traveling by aircraft from any foreign country.

Congress Provides Additional $15 Billion in COVID-Related Payroll Support Funding for U.S. Airlines

December 23, 2020

Congress has passed the Consolidated Appropriations Act, 2021, a comprehensive $900 billion COVID relief stimulus package and $1.4 trillion omnibus bill.

DOT Implements New Legal Paradigm for Regulating Airlines [Alert]

December 21, 2020

The U.S. Department of Transportation (DOT) recently issued new regulations codifying specific criteria for interpreting its fundamental regulatory authority under 49 U.S.C. section 41712 to prohibit airlines from engaging in “unfair or deceptive practices.”

DOT Confirms That Comfort Animals Are Not Service Animals [Alert]

December 07, 2020

David Heffernan and Rachel Welford discuss the DOT's new regulation, “Traveling by Air with Service Animals,” that substantially revises its rules governing the transportation of service animals onboard aircraft.

DOT Provides Airline Payment Flexibility for Enforcement Penalty During COVID-19 [Alert]

July 17, 2020

David Heffernan discusses the DOT's consent order against Volaris and how it may provide insights into how DOT is approaching enforcement during COVID-19.

DOT/HHS/DHS Issue Joint COVID-19 Guidance to Airlines and Airports

July 06, 2020

On July 2, 2020, the U.S. Departments of Transportation, Homeland Security, and Health and Human Services issued a joint guidance document titled “Runway to Recovery- the United States Framework for Airlines and Airports to Mitigate the Public Health Risks of Coronavirus.”

TSA Has Legal Authority to Conduct Air Passenger Temperature Screenings [Alert]

May 20, 2020

Rachel Welford discusses how and why TSA should begin temperature screenings.

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds [Alert]

May 13, 2020

Rachel Welford discusses DOT's guidance for airline carriers operating flights to, from, and within in the United States on when it is necessary to offer ticketed passengers refunds.

FAA Issues Guidance for Airlines to Carry Cargo in Passenger Cabin

April 20, 2020

Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.

TSA Explores Ways to Streamline International Air Cargo Screening [Alert]

April 15, 2020

Rachel Welford discusses the TSA's RFI soliciting input from the air cargo industry regarding new international screening standards for air cargo.

DOT Offers Airlines No Relief From Ticket Refund Obligations in Light of COVID-19 Flight Disruptions [Alert]

April 07, 2020

Rachel Welford and David Heffernan discuss DOT's notice regarding "Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel" and what carriers must do to ensure their compliance.

CARES Act Suspends Air Transportation Federal Excise Tax

April 06, 2020

Steve Haas discusses the suspension of the FET and what jet cardholders and customers of on-demand charters should do.

In The News

Cozen O’Connor Announces New Group Leadership, OMPs, Other Promotions

March 11, 2025

Cozen O’Connor announced today new practice group leadership, office managing partners, and leaders of firm committees and initiatives.

Patrick Rizzi Named Lexology Client Choice Awards 2025 Winner

December 11, 2024

Patrick Rizzi, a member of the firm’s Transportation & Trade Practice, has been recognized by Lexology as a 2025 Client Choice Awards winner in the transport category.

Lexology Index Names Susan Grueneberg and David Heffernan to Its Thought Leaders Global Elite 2025 List

November 07, 2024

Lexology Index has named Susan A. Grueneberg, a member of Cozen O’Connor’s Franchising Practice, and David Heffernan, chair of the firm’s Transportation & Trade Group, to its Thought Leaders Global Elite 2025 list.

Cozen O’Connor Assists Alaska Airlines in $1.9 Billion Acquisition of Hawaiian Airlines

October 02, 2024

Cozen O'Connor advised Alaska Airlines in connection with its recent $1.9 billion acquisition of Hawaiian Airlines.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

August 15, 2024

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Legal 500 Recognizes Seven Cozen O’Connor Practice Areas and 16 Cozen O'Connor Attorneys in its 2024 Legal Guide

July 10, 2024

The Legal 500 United States named Cozen O’Connor’s Aviation, Construction, Immigration, Insurance, Maritime, and Mergers & Acquisitions practices and Cozen O’Connor attorneys Scott Bettridge, Raymond DeLuca, Michael Deutsch, Geoffrey Ferrer, Bruce Ficken, Jonathon Foglia, David Heffernan, Matthew Howell, James Kwartnik, Robert Magovern, Jeffrey Mullen, Patrick Rizzi, Rachel Schwartz, Josh Stein, Jeff Vogel, and Rachel Welford to its 2024 Legal Guide.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Eleven Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 22, 2024

Seven attorneys were recognized as Super Lawyers and four were named Rising Stars, a list that recognizes attorneys under the age of 40.

Highly Regarded Veteran Aviation Attorney Patrick R. Rizzi Joins Cozen O’Connor’s Transportation and Trade Practice

February 12, 2024

Rizzi brings nearly three decades of experience advising clients across the aviation industry in matters involving regulatory, policy, litigation, and transactional issues.

Cozen O'Connor Adds Hogan Lovells Aviation Atty In DC

February 12, 2024

Patrick Rizzi was featured in a Law360 article discussing his transition to Cozen O’Connor.

Three Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal: Transport 2024

December 01, 2023

Cozen O’Connor is pleased to announce that David Heffernan, chair of the firm’s Transportation & Trade Group, Jeffrey F. Lawrence, co-chair of the firm’s International Practice, and Jonathon Foglia, member of the firm’s Transportation & Trade Group, have been selected to Who’s Who Legal: Transport 2024.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Jonathon Foglia Named Fellow of the American Bar Foundation

July 19, 2023

Jonathon Foglia, a member of the firm’s Transportation and Trade Group, has been named a fellow of the American Bar Foundation.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 16 Attorneys in its 2023 Guide

July 10, 2023

Cozen O'Connor's Aviation (Litigation/Regulation), Construction, L&E, M&A (Midmarket), Shipping (Finance and Litigation/Regulation) practices were ranked by the Legal 500.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

14 Cozen O'Connor Attorneys Named 2023 D.C. Super Lawyers and Rising Stars

May 30, 2023

Super Lawyers has named 14 Cozen O’Connor attorneys to its 2023 Washington D.C. Super Lawyers and Rising Stars lists.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

13 Cozen O'Connor Attorneys Named 2022 D.C. Super Lawyers and Rising Stars

July 12, 2022

Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

Four Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal

October 28, 2021

Cozen O’Connor is pleased to announce that Jeffrey Lawrence, chair of the firm’s Transportation & Trade Group, David Heffernan, vice chair of the firm’s Transportation & Trade Group, Jonathon Foglia, member of the firm’s Transportation & Trade Group, and Marc Fink, of counsel, have all been selected to Who’s Who Legal: Transport 2022 —a guide to the world’s leading transport lawyers.

Cozen O'Connor Adds Former KMA Transportation Partner To DC Office

June 09, 2021

Jonathon Foglia was featured in an article published by Law360 that discusses his move to Cozen O'Connor.

Cozen O’Connor Enhances its Aviation Practice with the Addition of Jonathon Foglia

June 01, 2021

He brings extensive experience counseling aviation industry clients on a wide range of regulatory and commercial matters.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Contacts

David Heffernan

Co-Chair, Transportation & Trade

dheffernan@cozen.com

(202) 463-2537

People

Awards

Cozen O’Connor Announces New Group Leadership, OMPs, Other Promotions

March 11, 2025

Cozen O’Connor announced today new practice group leadership, office managing partners, and leaders of firm committees and initiatives.

Nearly 100 Cozen O’Connor Lawyers, 27 Practices Earn Top Recognition in Chambers USA 2024 Guide

June 10, 2024

Chambers USA rankings are based on an “assessment of a firm’s work and opinions from external market sources, with an emphasis on client feedback.” In order to be ranked in the guide, lawyers and firms must demonstrate “sustained excellence.”

Three Cozen O’Connor Transportation & Trade Attorneys Selected to Who’s Who Legal: Transport 2024

December 01, 2023

Cozen O’Connor is pleased to announce that David Heffernan, chair of the firm’s Transportation & Trade Group, Jeffrey F. Lawrence, co-chair of the firm’s International Practice, and Jonathon Foglia, member of the firm’s Transportation & Trade Group, have been selected to Who’s Who Legal: Transport 2024.

Business Today Names 32 Cozen O'Connor Attorneys to Its Top 10 Lists

July 28, 2023

These lists recognize lawyers “mastering,” “leading,” “revolutionizing,” and “dominating” their fields in their respective states and nationwide.

Eighty-eight Cozen O’Connor Lawyers, 23 Practices Earn Top Recognition in Chambers USA 2023 Guide

June 05, 2023

Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.

13 Cozen O'Connor Attorneys Named 2022 D.C. Super Lawyers and Rising Stars

July 12, 2022

Super Lawyers has named 13 Cozen O’Connor attorneys to its 2022 Washington D.C. Super Lawyers and Rising Stars lists.

Legal 500 Recognizes Six Cozen O’Connor Practice Areas and 14 Cozen O'Connor Attorneys in its 2022 Legal Guide

July 11, 2022

For 30 years, The Legal 500 has assessed the strengths of law firms in more than 100 jurisdictions. The rankings use a series of criteria, including client feedback, submissions from law firms, and interviews with leading private practice lawyers.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

57 Cozen O’Connor Lawyers, 16 Practices Earn Top Recognition in Chambers USA 2019 Guide

April 25, 2019

Chambers USA, the leading annual guide to the top lawyers and law firms in the USA, has ranked 57 Cozen O’Connor lawyers as leaders in their respective fields in the Guide’s 2019 edition.

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