ASTROAARDVARK

Category: Daily Brief

  • 08 April 2026 Daily Brief – Aviation Law and Regulatory

    EUROPEAN DEVELOPMENTS

    EASA Part-26 March 2026 Edition: New Cargo Fire and Helicopter Fuel Rules Now Applicable

    In March 2026, EASA published a substantially revised edition of the Easy Access Rules (EAR) for Additional Airworthiness Specifications (Part-26), consolidating Commission Regulation (EU) 2024/2954 and ED Decision 2024/010/R (Issue 5 of CS-26 and GM-26). The document grows from 73 to 88 pages and expands the jurisdictional scope to aircraft “operated by an aircraft operator established, residing or with a principal place of business in the territory to which the Treaties apply” — a tighter and legally more precise formulation than the previous text.

    Key regulatory changes include: (i) new cargo fire protection requirements for commercial air transport aircraft; (ii) helicopter fuel system crash resistance under revised Point 26.440, with staggered compliance deadlines in 2026, 2031, and 2039 depending on fleet vintage; and (iii) updated damage tolerance inspection (DTI) incorporation requirements for ageing aircraft structural integrity programmes, with a critical deadline of 26 February 2026 for certain major changes already passed. CAMOs and design organisations should verify that maintenance programmes, compliance monitoring procedures, and management of change documentation are updated accordingly.

    The expanded applicability clause, drawn directly from Regulation (EU) 2024/2954, has implications for non-EU registered aircraft operated by EU-established operators . Continuing airworthiness compliance managers should review whether fleet segments previously considered out of scope now fall within Part-26 obligations.

    https://www.aviathrust.com/article/easa-part-26-march-2026-update-changes-airlines-camo

    EU ETS Reform for Aviation: Airlines Urge Caution Before July Proposals

    European airline leaders have publicly called on EU regulators to avoid measures that undermine aviation’s recovery ahead of the European Commission’s expected July 2026 proposals for updating the EU Emissions Trading System (EU ETS) for aviation. The current ETS framework for aviation applies exclusively to intra-European routes. The forthcoming reform proposals are expected to address whether to extend scope and how to interact with the ICAO CORSIA scheme.

    Separately, the Airlines for Europe (A4E/AIRE) Aviation Policy Programme has urged the Commission to: (i) extend SAF purchase flexibility so EU airlines can claim SAF uplift outside the EU under ETS; (ii) require fuel suppliers to issue Proof of Sustainability (PoS/PoC) certificates at least three months before year-end; and (iii) grant operators direct access to the Union Database (UDB) for transparent SAF accounting. The interaction between CORSIA obligations and ETS remains a key legal question for EU air carriers operating internationally.

    https://www.flightglobal.com/strategy/2026/03/european-airline-leaders-call-for-regulators-to-stop-taking-aviation-progress-for-granted

    https://aire.aero/wp-content/uploads/2026/03/AIRE-Aviation-Policy-Program-update-2026-8.pdf

    EU261 Passenger Rights Reform — European Parliament Transport Committee Advances Negotiating Position

    Reform of EU Regulation 261/2004 (EU261) on passenger rights remains active in the legislative pipeline. The European Parliament’s Transport Committee adopted negotiating guidelines in October 2025, and trilogues with the Council are expected to progress through 2026. Among the contested issues are the scope of “extraordinary circumstances” as an exemption to compensation, the threshold flight delay triggering compensation, and the treatment of connection rights for interline itineraries. EU-based carriers should monitor the reform as it may materially alter compensation liability calculations.

    EASA New Air Mobility: ED Decision 2026/002/R in Effect

    EASA ED Decision 2026/002/R, issued 2 February 2026, amends AMC and GM to Commission Regulation (EU) No 1321/2014 (continuing airworthiness) to accommodate electric- and hybrid-propulsion aeroplanes and helicopters and non-conventional aircraft. The amendments support implementation of Commission Implementing Regulation (EU) 2025/111 and are designed to provide a safety and compliance level equivalent to that for conventional aircraft. Design organisations and CAMOs working with eVTOL and electric aircraft platforms should review AMC & GM to Part-M (Issue 2, Amendment 9) and the amended articles to Regulation (EU) No 1321/2014.

    https://www.easa.europa.eu/en/document-library/agency-decisions/ed-decision-2026002r

    US DEVELOPMENTS

    FAA Boeing 737-8/9/8200 Airworthiness Directive Adopted (07 April 2026)

    The FAA published an Airworthiness Directive (AD) in the Federal Register (Vol. 91, No. 66, 7 April 2026) adopting a new AD for all Boeing 737-8, 737-9 and 737-8200 model airplanes, effective 7 April 2026. This AD is relevant to EU operators because EASA will typically mirror FAA mandatory continuing airworthiness information (MCAI) for type-certificated Boeing aircraft. EU operators and lessors holding or managing 737 MAX variants should monitor the corresponding EASA AD issuance.

    https://www.govinfo.gov/content/pkg/FR-2026-04-07/pdf/2026-06716.pdf

    FAA Drone BVLOS Regulations (Part 108 / Part 146): Status Update

    The FAA’s proposed Part 108 (Beyond Visual Line of Sight operations for highly automated drone systems) and Part 146 (Automated Data Service Providers) are expected to be finalised in early-to-mid 2026 following an August 2025 Notice of Proposed Rulemaking and a presidential executive order mandating finalisation within 240 days. Part 108 eliminates the requirement for individual flight-by-flight waivers for BVLOS, introduces new operator roles (Operations Supervisors, Flight Coordinators), and imposes work-hour limitations analogous to manned aviation standards.

    EU relevance: while these are US domestic rules, they will set a global benchmark for BVLOS regulatory design. EASA is simultaneously advancing U-space regulation and eVTOL/new air mobility frameworks. EU drone operators should track Part 108 as a reference for incoming EASA rulemaking and note that cross-border drone operations touching US-registered operators may already engage Part 108 requirements.

    https://dronetrust.com/blogs/articles/new-faa-drone-rules-2026

  • 07 April 2026 Daily Brief – Space

    US DEVELOPMENTS

    FAA announced that commercial space launch and reentry licensing will now occur under Part 450

    The agency presents this as a streamlined approach that consolidates earlier rules into a single licensing framework with more flexibility and more methods of compliance, reducing administrative and cost burdens on industry and the FAA.

    For European space operators with U.S. launch, spectrum, or market exposure, Part 450 matters immediately. A more consolidated U.S. licensing regime can affect launch planning, transaction allocation of regulatory risk, and comparative assessments against emerging or future European licensing models.

    NASA’s ISAM State of Play 2025 flags that ISAM-specific guidance is only beginning to emerge through organisations such as the FCC and standards-setting bodies

    That is important since on-orbit servicing and related activities still sit in a developing governance environment rather than a settled one.

    NASA’s deorbit systems material highlights the continued salience of debris-mitigation timing rules and FCC regulation

    The material notes the historical 25-year low Earth orbit guideline and the more recent U.S. focus on the FCC’s updated 5-year lifetime rule and the creation of the FCC Space Bureau in April 2023.

  • 07 April 2026 Daily Brief – Aviation

    EUROPEAN DEVELOPMENTS

    EASA and EUROCONTROL issued a joint action plan on GNSS interference.

    The plan is aimed at strengthening the safety and resilience of European aviation operations as interference events become more frequent, especially near conflict zones. It sets out short-, mid-, and long-term measures, including harmonised procedures, clearer allocation of responsibilities, and work with manufacturers and avionics stakeholders on more interference-resilient solutions. EASA and EUROCONTROL state that the action plan seeks a common operational picture of interference events, updated guidance for crews and controllers, better information exchange through Member States, and support for long-term avionics resilience.

    EASA’s 2026 EPAS edition extends strategic priorities through the end of 2026 and adds rulemaking emphasis relevant to operators and manufacturers

    New priorities include big-data technologies for aviation safety risk management, rules simplification, and implementation of the SES 2+ framework, while new rulemaking tasks address manufacturer flights, group operations, and ATM/ANS-related common requirements. From the legal point of view, the ona are on simplification of rules, SES 2+ implementation, and new operational and ATM/ANS workstreams that could later cascade into certification, compliance, and operator obligations.

    US DEVELOPMENTS

    FAA announced a new measure for separation between airplanes and helicopters in certain busy-airport environments

    The FAA said controllers will suspend the use of visual separation in the covered scenarios and instead use radar-based separation minima, a U.S. development worth monitoring for EU stakeholders focused on mixed-traffic safety and urban-air-mobility policy benchmarking.

  • 13 March 2026 Daily Brief – Space

    EUROPEAN AND EU DEVELOPMENTS

    ESA Celeste LEO-PNT In-Orbit Demonstration Mission: Pre-Launch Briefing Held 12 March; Launch Targeted No Earlier Than 24 March 2026 

    ESA held its pre-launch briefing for the Celeste LEO-PNT mission on 12 March 2026. The first two Celeste in-orbit demonstrators — intended to validate low-Earth-orbit position, navigation, and timing signals as the foundation for an EU sovereign navigation capability complementing Galileo — are scheduled to launch no earlier than 24 March 2026 aboard Rocket Lab’s Electron rocket from the Mahia Peninsula, New Zealand. Celeste is a precursor to the broader LEO-PNT infrastructure under development pursuant to the EU Space Programme Regulation (EU) 2021/696. Regulatory frameworks for service provision and spectrum coordination under the planned LEO-PNT constellation will require future rulemaking at both EASA and FCC levels.

    https://insidegnss.com/esas-celeste-target-launch-date-confirmed/

    US DEVELOPMENTS

    FCC Grapples With Licensing Framework for Orbital Data Centres Ahead of Part 100 Rulemaking

    The National Law Review reported on 9 March 2026 that multiple companies have filed FCC applications to deploy satellites operated as orbital data centres, highlighting an emerging class of space activity that falls outside the FCC’s current Part 25 licensing framework. Applications are being processed under existing rules with waivers, creating regulatory uncertainty and delays of at least one year. The FCC’s ongoing “Space Modernization for the 21st Century” NPRM proposes a new Part 100 that would provide a dedicated licensing pathway. Congressional scrutiny of the NPRM’s scope (already criticised by the House Science Committee in the context of space safety) adds pressure to resolve the agency’s jurisdictional boundaries before novel orbital services proliferate.

    https://natlawreview.com/article/bringing-order-orbit-fcc-grapples-licensing-space-based-data-centers

    Senate Commerce Committee Advances Nomination of Matt Anderson as NASA Deputy Administrator

    The US Senate Commerce, Science and Transportation Committee voted on 12 March 2026 to advance the nomination of retired Air Force Colonel Matthew Anderson to be Deputy Administrator of NASA. The nomination must still pass the full Senate. Anderson, nominated by President Trump, expressed unqualified support for Administrator Jared Isaacman’s revised Artemis programme priorities — including lunar surface landings in 2028 — and for “beating China to the Moon.” Confirmation of a Deputy Administrator alongside the recently passed NASA Authorization Act of 2026 (S. 933) consolidates US executive-branch space governance ahead of major procurement and commercial licensing decisions in low-Earth orbit and deep space.

    https://nasawatch.com/ask-the-administrator/senate-confirmation-hearing-for-matt-anderson/

  • 13 March Daily Brief – Aviation

    EU & EUROPEAN DEVELOPMENTS

    US Supreme Court IEEPA Ruling and Section 122 Tariffs: EU Aviation Framework Agreement Ratification Paused

    On 20 February 2026, the US Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorise presidential tariff imposition, prompting President Trump to terminate IEEPA tariffs and replace them with 10% Section 122 (Trade Act of 1974) tariffs effective 24 February 2026. Civil aircraft, engines, and parts eligible under the 1979 Agreement on Trade in Civil Aircraft are expressly exempt, preserving the zero-tariff environment for EU-origin aerospace products. However, the EU has paused ratification of the EU-US civil aviation framework agreement because Section 122 tariff exemptions do not fully mirror the prior framework; the Section 232 investigation into commercial aircraft and jet engines (initiated May 2025) remains ongoing. EU operators and MROs should reassign entry codes per the new EO schedule and monitor the Section 232 outcome, which could alter the current duty-free status.

    https://www.hklaw.com/en/insights/publications/2026/03/supreme-court-ieepa-ruling-and-new-us-tariffs-implications-for-civil

    EASA NPA 2025-12: Consultation Deadline 31 March 2026 — Continuing Airworthiness and Repetitive Defect Management

    EASA Notice of Proposed Amendment 2025-12, published 19 December 2025, proposes amendments to Commission Regulation (EU) No 1321/2014 on continuing airworthiness for Part-M, Part-145, Part-66, Part-147, Part-ML, and Part-CAO. A key element is draft GM1 M.A.403 introducing the first detailed EASA guidance on managing repetitive aircraft defects, requiring CAMOs to implement systematic monitoring and escalation procedures independent of the reliability programme. The comment deadline is 31 March 2026 — eighteen days away. Maintenance organisations, CAMOs, and air operators with EU air operator certificates should ensure timely responses if they wish to influence the final AMC/GM text.

    https://www.easa.europa.eu/en/document-library/notices-of-proposed-amendment/npa-2025-12

    Transport & Environment Calls for Full EU ETS Scope Extension to Departing Flights Ahead of July 2026 Commission Impact Assessment

    Transport & Environment published a position paper in March 2026 urging the European Commission to use the forthcoming EU ETS revision to extend the carbon market to all flights departing the EEA — adding approximately 80 Mt CO2 annually — and to reform SAF allowances to favour e-SAF. The policy lever is a Commission Impact Assessment due July 2026 assessing whether CORSIA meets Paris alignment criteria; if not, new EU legislation to extend ETS scope could be triggered. Additional asks include introduction of “contrail allowances,” a double-sided auction market intermediary for e-SAF, and consideration of route-differentiated carbon pricing. EU-based airlines and SAF producers should engage with the upcoming consultation process.

    https://www.transportenvironment.org/uploads/files/Aviation-ETS-March-2026-position-paper-6.pdf

    OEM Contractual Enforcement of Aircraft Deliveries: Airlines Face Accelerated Risk Reallocation

    Clyde & Co published an aviation advisory on 9 March 2026 noting a decisive shift by Airbus and Boeing toward strict enforcement of contractual delivery obligations. OEMs are now asserting rights to deliver on scheduled dates irrespective of airline readiness and to charge punitive penalties for non-acceptance, reversing the buyer-favourable dynamic that prevailed during the supply chain disruption years. Airlines facing buyer-furnished equipment (BFE) supply chain shortfalls now bear the contractual and financial risk of delayed acceptance. Practitioners advise immediate audit of BFE agreements, supplier liability caps, and indemnity structures in OEM purchase agreements, particularly where delivery windows are imminent.

    https://www.clydeco.com/en/insights/2026/03/aircraft-delivery-delays

  • 12 March 2026 Daily Brief – Space

    US House Science Committee Challenges FCC Authority Over Space Safety in ‘Space Modernization’ NPRM 

    House Science Committee Chair Rep. Brian Babin and Ranking Member Rep. Zoe Lofgren sent a letter to FCC Chair Brendan Carr criticising the FCC’s “Space Modernization for the 21st Century” notice of proposed rulemaking (NPRM) for exceeding the agency’s statutory authority. The Committee argues that three specific provisions — incorporating post-mission disposal requirements, mandating spacecraft trackability, and requiring conjunction risk mitigation steps — are space safety measures unrelated to spectrum management or radiofrequency interference prevention, which are the FCC’s sole statutory mandates under the Communications Act of 1934. The letter invokes the 2024 Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which limits agency action absent clear congressional authorisation. Chair Babin has announced plans for legislation to establish a formal commercial space mission authorisation framework, clarifying which agency (FAA, FCC, or Office of Space Commerce) holds responsibility for orbital safety. This debate is directly relevant to EU operators launching on US vehicles or holding FCC spectrum licences, as the outcome will determine which US regulatory authority governs orbital safety compliance for commercial missions.

    https://spacenews.com/house-science-committee-leaders-criticize-fcc-rulemaking-on-space-safety/

    https://www.akingump.com/en/insights/newsletters/akin-space-law-regulation-and-policy-update-or-march-9-2026

  • 12 March 2026 Daily Brief – Aviation

    European Commission Opens Recruitment for EASA Board of Appeal Members 

    The European Commission published on 11 March 2026 a call for expressions of interest for candidates to serve as Chairperson, members, or alternate members of the EASA Board of Appeal. The Board of Appeal, established under Regulation (EU) 2018/1139 (the Basic Regulation), operates independently within EASA’s institutional structure and decides appeals against EASA certification, declaration, investigation, and fee decisions, as well as appeals against individual EASA decisions on the EU Flight Emissions Label. Inclusion on the Commission’s candidate list does not guarantee appointment, which rests with the EASA Management Board. The call is relevant to legal practitioners and aviation experts with regulatory adjudication experience. Applications must be submitted to the Commission by 31 May 2026.

    https://transport.ec.europa.eu/news-events/news/european-commission-publishes-call-candidates-easa-board-appeal-2026-03-11_en

    EASA EPAS 2026 Addendum: SES2+ Implementation and Rules Simplification Added as Strategic Priorities

    EASA published the European Plan for Aviation Safety (EPAS) 2026, 15th Edition (18 December 2025), which extends the Volume I strategic priorities framework to end-2026 via an addendum while a comprehensive revision is completed. Three new strategic priorities are introduced: (i) big data technologies for EU aviation safety risk management; (ii) rules simplification — with a package of regulatory simplification changes planned from 2026, aiming for completion by 2028, including reviews of Part-21, pilot licensing (Part-FCL), aerodrome rules, and UAS regulations; and (iii) SES2+ framework implementation. The SES2+ Regulation (Regulation (EU) 2024/2803), which entered into force on 1 December 2024, consolidates and modernises the Single European Sky framework; its inclusion in EPAS signals that EASA is now actively planning implementing measures. A fully revised EPAS applicable from 2027 is expected by end-2026. EU operators, MROs, and NAAs should note the rules simplification workstreams as a potential source of regulatory relief.

    https://www.easa.europa.eu/en/document-library/general-publications/european-plan-aviation-safety-epas-2026

    https://www.eurocontrol.int/news/eurocontrol-welcomes-entry-force-ses2-regulation

    FAA and EASA Signal Transatlantic Harmonisation on AAM Certification as FAA Launches eIPP 

    On 9 March 2026, US Transportation Secretary Sean Duffy and the FAA announced the eight projects selected for the Advanced Air Mobility and eVTOL Integration Pilot Program (eIPP), established under President Trump’s Unleashing Drone Dominance Executive Order. The selected consortia span 26 US states and cover urban air taxi operations, regional passenger transport, cargo logistics, emergency medical response, and autonomous flight. At VERTICON 2026 in Atlanta on 10 March, FAA Administrator Bryan Bedford confirmed that eIPP operational data will be shared with EASA. EASA Executive Director Florian Guillermet stated that EASA will review eIPP data for its own certification purposes and stressed that the path to EU AAM regulation must be “performance-based rather than prescriptive” and driven by real-world data from industry. The joint appearance of both agency heads was described as historically rare and is a significant signal for transatlantic AAM certification alignment. EU eVTOL manufacturers seeking FAA and EASA dual certification should monitor the data outputs from eIPP as a potential reference for both regulatory frameworks.

    https://www.faa.gov/newsroom/future-aviation-here-trumps-transportation-secretary-sean-p-duffy-and-faa-unveil-eight

    https://verticalavi.org/vai-daily/faa-easa-leaders-share-vision-for-aam-harmonization-at-verticon-2026/