NAREIT and a coalition of real estate organizations wrote to Senate leaders on April 13 urging the adoption of an amendment to the Federal Aviation Administration Reauthorization Act of 2016 (S. 2658) requiring the FAA to follow notice and comment procedures should the agency act on its proposal to create new regulatory requirements by incorporating so-called One Engine Inoperative (“OEI”) standards into its criteria for determining hazards to navigable airspace.

"To date, the FAA has skirted rulemaking requirements set forth in the Administrative Procedure Act," the organizations said. "We believe a robust and transparent public comment process must attend to the FAA’s proposed policy changes. Changes to existing rules should not be accomplished by the stroke of the agency’s pen."

The amendment requested by the organizations is sponsored by Sens. Tim Kaine (D-VA) and Mark Warner (D-VA).

(Contact: Kirk Freeman at kfreeman@nareit.com)

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