Transportation Policy & Regulation
The ways we move across land and through air are rapidly changing. The drive for sustainability, the emergence of autonomous vehicles and increased expectations for safety and security are all leading to uncertainty on both the legislative and regulatory fronts. The firm represents public and private-sector clients across all modes of transportation.
U.S. Department of Transportation
Our transportation lawyers advise clients on myriad matters before the DOT. Our team has significant experience with matters before the FHWA, FAA, FTA, Federal Railroad Administration (FRA), Pipelines and Hazardous Materials Safety Administration (PHMSA), Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA). We routinely work with DOT officials in support of our clients’ interests, whether related to project approvals, grant, cooperative agreement and contract funding, or compliance with DOT laws and regulations or enforcement actions. We also frequently comment on rulemakings on behalf of our clients. The advice and assistance we provide is always underpinned by the laws and regulations, as well as the political posture of DOT. We have relationships with political appointees and career staff at DOT and recommend the best approach for meetings and strategies depending on the issue. We often engage members of Congress to advocate on behalf of our clients’ interests with political appointees at DOT if we determine that such intervention is likely to achieve the desired outcome.
Our team also advises clients on all facets of the Infrastructure Investment and Jobs Act (IIJA), including requirements for the various grant and loan programs and strategies for pursuing and securing funding. With a significant of new programs, expanded applicant pool and focus on innovation, we have a successful track record of providing a comprehensive range of services to enable clients to best position themselves to secure funding and comply with program requirements.
Federal Highway Administration
Our team advises public sponsors of highway and toll road projects as well as private parties involved in design, construction and financing of projects on the laws and regulations associated with the design, construction, funding and financing of projects. We have significant experience working with Title 23 of the U.S. Code and the implementing regulations. We advise clients on compliance with the laws and regulations applicable to federally-funded projects, including environmental, procurement, Buy America, labor and Disadvantaged Business Enterprise (DBE) regulations. We also are experienced with the FHWA’s grant programs and assist clients with planning for grants, developing grant applications and complying with grant requirements.
We also are actively engaged in advising clients on innovative financing and have assisted clients in securing Transportation Infrastructure Finance and Innovation Act (TIFIA) loans as well as private activity bond (PAB) authorization for projects.
Federal Aviation Administration
Akin Gump’s aviation practice encompasses virtually every aspect of international, federal and state regulation of the industry. We routinely work with DOT, the FAA and the Transportation Security Administration (TSA) on a broad range of regulatory matters.
Akin advises airports on matters related to airport development, including funding and regulatory requirements under the Airport Improvement Program (AIP) and associated grant assurances. We have advised clients on funding of airport projects through the imposition of passenger facility charges. Our team has been involved in a broad range of issues for airports, including large-scale airfield and land-side development projects, a proposed airport privatization, funding under the Military Airport Program, securing letters of intent from FAA, proposed airport transfers and the conversion of general aviation airports to commercial airports. We also have advised clients on TSA and CBP requirements, and have assisted clients in working with those agencies to meet regulatory requirements, including securing expanded Federal Inspection Services facilities.
Our firm has advised clients—including airlines, flight schools and companies that own aircraft—on obtaining certificates of public convenience and necessity or other operating authority from the DOT; obtaining air carrier operating certificates and operating authority from the FAA; registering aircraft in the United States; and complying with regulatory requirements for all aspects of ownership and operation of aircraft and aviation-related businesses; as well as on issues relating to international route transfers, mergers and pilot training and certification. We also negotiate for the appropriate treatment or designation of our clients under FAA regulations. Further, we assist clients in complying with the National Environmental Policy Act (NEPA) and associated laws and regulations in connection with implementing projects at airports.
Federal Transit Administration
Our firm has significant experience representing public transit agencies and transit contractors. We advise transit agencies on securing federal funding for capital needs and complying with the requirements under Title 49 of the U.S. Code and the implementing regulations governing the FTA.
Our team has been involved in securing funding and approvals for rail and bus rapid transit programs under the FTA Capital Investment Grant program. We are experienced with FTA regulations and policies and work closely with FTA officials in ensuring that our client’s applications meet program requirements. We also are experienced with alternative project delivery approaches, including public private partnerships. We are experience securing Transportation Infrastructure Finance and Innovation Act (TIFIA) loans and have negotiated joint development agreements and advised on the use of property adjacent to, and above, federally-funded property for joint development or transit oriented development.
In addition to our project-related knowledge and experience, our team advises governmental entities and the companies that do business with them on FTA regulations, including procurement rules, the Americans with Disabilities Act (ADA), Title VI and VII of the Civil Rights Act, Section 13(c) of the Federal Transit Act, Buy America requirements and conflict of interest rules. We assist clients in preparing for, and responding to, issues raised during Triennial reviews, and represent clients in enforcement actions and litigation.
Federal Railroad Administration
Our team advises clients regarding FRA funding programs, including the Consolidated Rail Infrastructure and Safety (CRISI) grant program, monitors developments with the FRA and particularly its safety regulations; represents clients and furthers their regulatory interests before the agency; and provides advice and counsel on a variety of compliance issues. We have also sought FRA approval for rail-grade crossings and for quiet zones.
National Highway Traffic Safety Administration and Autonomous Vehicles
A driverless future is rapidly approaching. Advances in technology are paving the way for supercharged computers on wheels that can navigate cities, survey lands, travel across freeways, aid in military operations, and move passengers and goods with unprecedented efficiency and safety. Projections show that, by 2030, autonomous vehicles (AV) may rule the roads and skies.
In a world of driverless cars, questions abound:
- Who is the operator of the vehicle? The person sitting in the driver’s seat? The carmaker? The company that created the autonomous technology?
- What new regulations will emerge, and what will the practical implications be?
- How do we protect users from data and cybersecurity threats that arise as more consumers embrace AV technology?
- Who owns the intellectual property? Does liability necessarily follow ownership?
In this ever-changing landscape, the winners in the AV race will successfully navigate three critical phases: development, testing and deployment.
New alliances are emerging as technology companies team with traditional automakers, parts manufacturers, unmanned aerial systems companies, shipping firms and ride-hailing services—all in pursuit of the upper hand in the next age of the vehicle.
As the AV world develops, questions arise and new alliances form, bringing with them legal issues that require forward looking counsel and collaboration across a variety of previously unrelated legal disciplines.
We are dedicated to addressing the legal issues arising out of the AV space. The hallmarks of our AV team are an innovative spirit in approaching uncharted spaces and an ability to draw upon industry experience from the firm’s practices and offices around the world. Our interdisciplinary team understands the sector’s inherent complexity from multiple vantage points, effectively advancing the goals of our clients in this emerging marketplace.
Our global practice provides sophisticated legal counsel in all aspects of these interconnected enterprises, including:
- Guiding AV companies through complicated—and evolving—issues addressing export controls, sanctions and foreign investment.
- Navigating the ever-changing landscape of government involvement and regulation of companies and technology.
- Supporting strategic partnerships between companies across all segments of the AV industry to aid in the development, placement and implementation of technology.
- Offering a range of risk and legal advocacy services to ensure that clients are legally prepared to face disputes that arise from issues including products liability, intellectual property, and data privacy and cybersecurity.
- Representing public and private companies, prominent investment funds, boards of directors and special committees, investors and senior management in sophisticated transactions.
Pipeline and Hazardous Materials Safety Administration
Our team is steeped in the intricacies of hazardous materials transportation laws and regulations. We advise clients regarding compliance with the regulations, assist with securing special permits and represent clients in enforcement and other regulatory actions.
Federal Advocacy
U.S. Congress
Our transportation lawyers work closely with members of the firm’s PLP practice to achieve our clients’ objectives. The team’s political experience, broad bipartisan relationships and knowledge of the laws governing transportation programs and policies allow us to support clients in achieving their goals in Washington. We help clients understand the implications of potential changes in laws, identify opportunities to affect the legislative process and develop legislative proposals.
Having served as a counsel to the House of Representatives Committee on Transportation and Infrastructure, Susan Lent is well-respected by delegation and committee members and staff as well as by DOT officials and staff.
We apprise clients of developments with transportation legislation, regulations and policies and the implications of potential changes in laws and regulations. We help clients identify opportunities to affect the legislative process and work with them to develop legislative proposals. Our team often works in conjunction with coalitions and trade associations, since it is easier to effect change through broader advocacy efforts. The advice we provide is always underpinned by laws and regulations as well as the political posture of DOT. We sometimes ask members of Congress to advocate on behalf of our clients’ interests with political appointees at DOT if we determine that such intervention is likely to achieve the desired outcome.
We routinely review the Federal Register and monitor the introduction of bills and provide timely information to our clients regarding funding opportunities and regulations and policies that may impact them. We have advised our clients regarding opportunities and strategies for influencing legislation and regulations and how to best position itself for funding. Not only do we have a deep understanding of the funding programs authorized in federal law, including, most recently, the IIJA, but we closely follow the federal appropriations process for new funding opportunities and policy changes that may impact funding opportunities.
We also advise clients on the scope of funding opportunities and how to prepare persuasive grant applications. We recommend preparing for funding opportunities in advance of the time when FTA or DOT issues the solicitation, including hosting site visits or briefings for DOT and FTA officials and members of Congress. We often recommend securing letters of support from members of Congress or asking members to contact political appointees at DOT or FTA to voice their support for a grant application. We have assisted clients with securing federal funding under the various grant programs, including new programs established in the IIJA. In many cases, we have provided strategic advice over months and sometimes years on how best to position a project for funding, including securing support from a broad range of stakeholders, such as the business community and organized labor.
