Regulatory Alert: DOT Releases Rule to Limit New Mandates in Guidance Documents

April 24, 2026

Today, the U.S. Department of Transportation (DOT) released a final rule that codifies and implements the department’s policies and procedures governing the issuance of new regulations and guidance documents by its operating administrations, including the Federal Aviation Administration (FAA). The rule is part of the Trump administration’s efforts to advance deregulation and will make it more difficult for the department and FAA to impose new mandates on industry stakeholders, including airport sponsors.

DOT’s new rule is consistent with AAAE’s “Commonsense Recommendations for Regulatory Reform,” which were shared with the administration last year and urged DOT and FAA to not conduct rulemaking or impose any new mandates through guidance documents, such as CertAlerts or advisory circulars. We expressed support for the proposed rule in 2025. You can view a pre-publication version of the final rule here, which is expected to be published in the Federal Register on Monday and go into effect on Wednesday, May 27.

Background. In May 2025, DOT released a notice of proposed rulemaking that would codify the administration’s policies and procedural requirements governing the internal review and issuance of new regulations and guidance documents. The proposal would establish procedural safeguards and set expectations for its operating administrations, including FAA, on rulemaking initiatives and guidance development. Similar policies and procedures were implemented under the first Trump administration, but the Biden administration repealed them in 2021. In June 2025, AAAE expressed general support for the proposal but requested clarifications in certain areas.

Requirements Governing New Rulemakings. One of the major changes implemented by DOT’s rule is to impose safeguards around new rulemakings (in addition to the normal requirements that apply under the Administrative Procedures Act). Under the rule, FAA is precluded from issuing a new regulation without (a) considering reasonable alternatives that could eliminate the need for the regulation and (b) ensuring the benefits of any new regulation exceed its costs (absent a compelling safety need). Any regulation that imposes a “burden” must be “narrowly tailored” to address a market failure or statutory mandate. In addition, DOT’s rule implements President Trump’s executive order requiring each agency to identify at least 10 existing regulatory burdens to be revoked before issuing a new significant regulation.

Requirements Governing the Issuance of Guidance Documents. The second major change implemented by DOT’s rule is to outline the review process for the department and its operating administrations, including FAA, to issue a new guidance document. Under the rule, FAA is precluded from issuing any guidance document that contains any “mandatory language, such as ‘shall,’ ‘must,’ ‘required,’ or ‘requirement,’” unless it is describing an established statutory or regulatory requirement. The agency will also have to conduct a “good faith cost estimate” to understand the likely cost impacts of each guidance document issued.

In our comments, AAAE asked DOT to clarify that any FAA “reinterpretation” of federal grant obligations falls within the scope of “guidance documents” that must meet DOT’s procedural requirements. FAA has traditionally used grant obligations as a means of imposing new mandates on sponsors, which we have opposed. In its discussion of the rule, DOT noted that if FAA were to reinterpret a federal grant obligation, that reinterpretation would be subject to DOT’s requirements if it fell within the definition of “guidance document” (which is broadly defined). This provides stakeholders with an opportunity to argue that reinterpretations of federal grant obligations are guidance documents subject to DOT’s requirements.

What’s Next? DOT’s final rule is expected to be published in the Federal Register on Monday and take effect on Wednesday, May 27. AAAE will be using these procedures to help push back on any new requirements that FAA may attempt to impose through the rulemaking process and/or guidance documents.