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A coalition of seven leading aviation groups joined to comment on the FAA's notice of proposed changes to regulations impacting Part 135 charter operators, including on-demand air carriers operating Department of Transportation-authorized public charter operations providing crucial services to small communities. The coalition sent a letter in August and a second was sent on Friday.In August the FAA issued a Notice of Intent, suggesting possible regulatory changes to the definition of on-demand operations, supplemental operations and scheduled operations under 14 CFR part 110. The FAA regulations control air carrier operations while DOT Part 380 regulations address the economic authority for public charter operations. The current regulations allow for a Parr 380 operator to work with any air carrier including on-demand air carriers operating under Part 135. The coalition questioned the basis for the changes, voicing concern over unintended consequences.Check out the full comments the coalition sent
"Changes to regulatory definitions could have unintended negative consequences throughout the entire Part 135 community - an established industry segment providing safe and secure transportation options that meet the diverse needs of thousands of communities across the nation," the coalition said.
The coalition included the NBAA and other aviation groups including the Airline Passenger Experience Association/International Flight Services Association, General Aviation Manufacturers Association, Helicopter Association International, National Association of State Aviation Officials, International Flight Services Association and National Air Transportation Association. The groups were concerned that the changes would negatively impact potential transportation solutions that would have positively impacted consumers and increased the accessibility and effectiveness of on-demand aviation. When the FAA put the notice forward, it released data that pointed to growth in flights conducted under Part 380 over the last decade as the basis for changes. The coalition pointed out that this growth has not come with any major incidents or accidents under the current regulations, making the motive for the changes unclear. The number of Part 380 operations have increased in the last 10 years in response to a decline in commercial airline service to smaller communities and these flights make up a small portion of the nearly 52 million total operations within the national airspace in 2022.
"For more than 45 years, Part 135 carriers have operated aircraft safely and reliably on behalf of public charter operators under DOT Part 380, unlocking substantial public benefits and providing valuable air transportation to many communities that otherwise would not have commercial air service," the coalition said.RELATED STORIES:Part 135 loophole allows airlines to exploit safety regulations, ALPA calls on DOT for changeAviation coalition questions basis for FAA notice to revise on-demand charter operation regulations
JSX calls for support, comments to fight regulatory changesThe NBAA said the concerns shared Friday were following concerns expressed by other organizations earlier this year which shared inaccurate characterizations of Part 135 operators conducting Part 380 public charter flights in response to one carrier's economic application to launch such an operation. This group the NBAA referred to is the Air Line Pilots Association, International which shared its praise for the changes and called out operators SkyWest and JSX. The organization claimed that "the line between scheduled service and on-demand charters, however, has been blurred beyond recognition."
"A complicated regulatory loophole allows charter flights to run so frequently that enterprising carriers can market them as scheduled service, but free from the Part 121 safety regime that governs most scheduled flights," The ALPA filing said. "In practice, without DOT action, this regulatory sleight of hand would allow SkyWest to take a Part 121 passenger jet, remove 20 seats, re-label ‘scheduled' flights as ‘on-demand charters' that look and feel just like scheduled service, become certified as a commuter air carrier and as a result morph itself into a Part 135 charter operator called ‘SkyWest Charter'."See the FAA proposed rule and submit your own comment before the deadline
The ALPA also said that Dallas-based JSX was also using Part 135 safety regulations to bypass Part 121 safety rules. JSX responded, stating the loophole did not exist. As the Oct. 13 comment deadline approached, JSX called on customers for support, urging them to submit comments defending their operations to save their business. JSX serves underserved communities with unique destinations and routes. The company fears it will be "legislated out of existence," due to allegations about aviation safety from airlines and aviation organizations. Without companies like JSX, customers may be unwilling or unable to travel commercially at crowded airports. Some customers are traveling with elderly family members or members on the autism spectrum. Without accessible, private options some customers are unable to travel by air.
Friday is the final day for comments and at the time of this story, the proposed rule has amassed over 50,000 comments, many defending operations like JSX.
"Changing regulations could eliminate well-paying jobs at all levels of the industry while hurting economic competition, carbon emissions reduction, emerging technologies, aviation innovation, and service to small communities," the coalition said. "Any changes to the regulation should be driven not by the economic interest of competitors, but by an identified safety need."