Concerned that an economic dispute is threatening the use of Part 380, a coalition of six aviation organizations appealed to the White House, the Department of Transportation (DOT), the FAA, and Congress to handle such disagreements independently, without making major changes to the current regulatory framework.
In letters written by NBAA, the National Air Transportation Association, and Helicopter Association International—among others, the organizations stressed that a Part 380 application “has been misused by economic competitors that, with no evidence of safety and security concerns, seeks to prevent Part 135 operators from conducting public charter [Part 380] flights. Their unsubstantiated claims do a disservice to this well-established regulatory framework and the safe, secure transportation services its operators provide to the traveling public.”
At issue was an application for commuter air carrier operations under Part 380 that SkyWest Charter filed more than a year ago. SkyWest Charter, a subsidiary of airline SkyWest, Inc., said it hoped to “provide underserved communities and markets with frequent jet service and ready access to the national transportation system.”
While receiving substantial support from numerous small airports, that application also has touched off a range of opposition and complaints from pilots and other airlines. In fact, some of this opposition has been pointed squarely at Part 380 carrier JSX, rather than addressing the application at large. American Airlines wrote a letter asking for guidance on Part 380, saying the scheduled charter model puts JSX at a competitive advantage and agreeing with other commenters in the document that it exploits a “regulatory loophole.”
These comments have alarmed business aviation and other groups, which maintained that “For more than 45 years, DOT’s public charter regulations have governed charter operations without controversy.” The groups noted that the regulatory framework has been reviewed and it is designed to provide for a range of business models such as those proposed by the emerging eVTOL market and those seeking to support underserved communities.
The groups also have been concerned about talks of proposed amendments that may be offered for the FAA reauthorization bill. “This service would be severely disrupted and entire communities deprived of air service if a wholesale revision of the regulations were made by Congress, as some opponents of the Part 135/Part 380 business model urge—especially if legislative action were taken without public hearings on the adequacy of the existing regulatory framework and the desirability of changes to that framework,” they said. “The Part 135 carrier economic application pending before DOT should be adjudicated by the department under its established procedures for such financial fitness applications. DOT is fully capable of deciding the application based on its merits; no legislative or regulatory overhaul of public charter operations is required.”