The FAA’s twofold approach to addressing its Part 380 operational concerns is drawing a mixed reaction from industry, with business aviation groups encouraged that the agency is willing to delve into the safety data and consider small operations but concerned that it is proceeding with a rulemaking that would tighten requirements for public charters.
On Monday, the FAA announced that it would release a notice of proposed rulemaking “expeditiously” to alter the definitions of “scheduled,” “on demand,” and “supplemental” surrounding operators flying under Part 380 public charter economic authority. At the same time, though, the FAA plans to form a Safety Risk Management Panel (SRMP) to discuss the potential for a new operating authority for scheduled Part 135 operations in 10- to 30-seat aircraft.
The agency’s move comes as certain airlines and pilots' unions have waged a strong campaign to tighten what they call a “loophole” in the regulations that provide an advantage to Part 135 operators flying "scheduled operations." Rural airports and business aircraft operators have opposed this move, saying that it's purely a competitive argument, the safety data doesn’t back up the need for change, and wholesale changes could disrupt operations to small airports.
NBAA questioned the rationale for developing regulations, saying that the plans to go ahead with a rulemaking do not seem to have a data-based underpinning. “Safety is the top priority for business aviation, and our sector has an impeccable record of leadership in working with government agencies and other stakeholders in the development of regulations that address safety concerns and put operational needs first. The FAA’s announcement suggests an intention to sidestep both considerations,” said NBAA president and CEO Ed Bolen. “We call upon the FAA to step forward with a data-driven basis that explains the need for this change, and detail its intended process for engaging with all voices in a meaningful dialogue about the agency’s approach to public charter policy.”
However, Curt Castagna, president and CEO of the National Air Transportation Association, said, “We are encouraged that the agency wants to hear from different industry sectors to better understand other changes that enhance access to air transportation. We expect the rulemaking process will provide time for the FAA and all interested parties to fully understand the historical record from the DOT and FAA, as well as the safety record of public charter operators to base any changes on accurate data rather than competitive issues.”
Castagna added that public charter economic authority has existed for more than 40 years. “Despite the frequent use of the term ‘loophole,’ the record supports that public charter operators were always able to utilize the services of any licensed carrier including on-demand operators. NATA looks forward to learning more about the FAA’s Safety Risk Management Panel and how the agency will engage industry in that process.”
He further stated, “NATA is committed to safeguarding the Part 135 regulatory environment from regulatory changes—intended or unintended—that would jeopardize the safety or success of aviation businesses”
JSX, which had become the target of airlines seeking changes in the Part 380 process, said it “supports the Federal Aviation Administration’s efforts to maintain the safety of civil aviation and applauds FAA Administrator Whitaker’s plans to evaluate a new operating authority for certain Part 135 operations.”
The operator noted in its statement that more “than half of JSX’s public charter markets operate in airports that are not served by large network airlines, yet there are thousands more airports—funded by the American taxpayer—that remain inaccessible to the vast majority of Americans unless they have the means to afford private jets. As the country’s largest public charter air carrier, JSX has modeled the way forward for safe, secure, and reliable regional operations under Part 135 since inception.”
JSX further pointed to its drive toward sustainability with plans to take delivery of up to 332 hybrid-electric aircraft beginning later this decade. "We eagerly look forward to collaborating with our regulators to cement the importance of public charters and expand access to vital air connectivity in the future,” the statement concluded.
Meanwhile, on the other side of the debate, the Air Line Pilots Association applauded the move. “The FAA took decisive action to close the public charter loophole and ensure one level of safety for passengers and flight crews,” said ALPA president Jason Ambrosi. “No matter where you’re flying or what airline you’re on, all Americans deserve the same level of safety and security. In order to maintain our world-leading airline safety record, we must remain vigilant and push back against attempts by corporate interests to cut corners. We appreciate the action taken by the FAA to close this loophole to keep U.S. aviation safe and secure.”