In August, the FAA issued a notice of its intent to change the regulation (DOT Part 380) permitting public scheduled flights operated under Part 135 on-demand rules rather than under Part 121 scheduled operations. More than 85 percent of the comments (37 out of 43) submitted to the agency in response said the current requirements should not be changed.
Among those in support of the status quo are two companies conducting Part 135/380 operations, as well as NBAA, NATA, HAI, GAMA, and three other organizations, which issued a joint response. Those in favor of maintaining the current regulation emphasized the strong safety record of Part 135 operators flying under Part 380, as well as the economic impact of these services and the fact that for some small communities, they are the sole source of public air transportation.
Many of the pro-status quo commenters said they believe the FAA’s notice was triggered primarily by SkyWest’s application to obtain Part 135/Part 380 approval. Despite other carriers being permitted to operate under the same regulations, the DOT has to date failed to respond to the application for over a year.
Commenters that believe the FAA should proceed with rulemaking include several major airlines and authorities for large airports. Another three commenters, including the Los Angeles Airport Authority, said they believe more analysis of the subject is required. As a major association representing both large and small airports, the Airport Council International commented that it was taking neither side of the issue.