FAA Seeks Comments Regarding Draft FAA Order 5100-38E, Airport Improvement Program Handbook

 The Department of Transportation's Federal Aviation Administration in Washington DC has issued a document published in the Federal Register on May 6, 2026, 91 FR 29247, entitled Notice of Draft FAA Order 5100-38E, Airport Improvement Program Handbook (Notice).  The Notice provided that:

The Airport Improvement Program (AIP), established by the Airport and Airway Improvement Act (AAIA) of 1982, as amended, and codified at 49 U.S.C. 47101 et seq., serves as a primary funding guide for airport development and planning projects across the United States. The AIP Handbook, Order 5100-38D, Change 1, issued on February 26, 2019, incorporated legislative and policy updates through 2017 and provided comprehensive guidance on implementation of the AIP for FAA employees, FAA State Block Grant Program states, airports, consultants, and other stakeholders.

The current draft update is intended to replace Order 5100-38D, Change 1, reflecting significant legal and policy changes since 2017, including those introduced by the Federal Aviation Administration (FAA) Reauthorization Acts of 2018 and 2024. In response to these changes, the Office of Airport Planning and Programming (APP), Financial Assistance Division, has undertaken a substantial revision of the Handbook

The FAA is seeking public comments on the draft of FAA Order 5100-38E, Airport Improvement Program Handbook. Once finalized, this Order will replace FAA Order 5100-38D, Change 1, which was issued on February 26, 2019. The original window for comment closed on August 17, 2026.  However, in a document entitled Notice of Draft FAA Order 5100-38E, Airport Improvement Program Handbook; Extension of Comment Period, scheduled to be published in the Federal Register on Friday, August 21, 2026, the comment period has been extended to August 31, 2026. Comments may be submitted by the public electronically, identified by docket number FAA-2026-4006, through the government-wide rulemaking website: https://www.regulations. An electronic copy of the draft FAA Order 5100-38E may be downloaded from the FAA's website at https://www.faa.gov/airports/aip/aip_handbook.

 

FCC Seeks Comment on Prohibiting the Importation and Marketing of Certain Covered UAS and UAS Critical Components and Equipment Listed in Section 1709 of FY2025 NDAA

On August 10, 2026, the Federal Communications Commission’s Public Safety and Homeland Security Bureau (PSHSB) and Office of Engineering and Technology (OET) in Washington D.C. issued a Public Notice (Public Notice) seeking comment regarding the prohibition of the importation and marketing of certain covered UAS and UAS critical components and equipment. Specifically, comment is sought on certain covered UAS and UAS critical components and equipment previously authorized that has been determined to “pose an unacceptable risk to the national security of the United States or the security and safety of United States persons”. (For the current version of the list of covered equipment, see Federal Communications Commission, List of Equipment and Services Covered By Section 2 of The Secure Networks Act, (FCC Covered List) here). 

 In particular, the FCC in the Public Notice proposes to apply these prohibitions to certain communications and video surveillance equipment listed in section 1709 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (FY2025 NDAA), added to the Covered List in December 2025. These prohibitions would encompass all covered equipment produced by Anzu Robotics, LLC (“Anzu”) and their affiliates, subsidiaries, and other partners.  These prohibitions would not apply to any importation or marketing for the purpose of use by the federal government, nor for the purpose of commercial testing and product development.  Moreover, while importation and marketing would be prohibited, this prohibition would not affect continued use or operation of already-purchased covered equipment.

The comment period ends on September 23, 2026. See a copy of the Public Notice published in the Federal Register  here.