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Dallas-based charter company JSX is asking customers to help keep the small air carrier flying amidst regulations changes by sending comments and messages to members of Congress. JSX is calling for support to prevent being regulated out of business.
The FAA docket outlines proposed changes to public charter operations and JSX is asking customers to submit comments to save the company from being put out of business by the proposed changes. JSX said it has an untarnished safety record, experienced pilots and a security program. The company has 47 planes with 1,200 crewmembers, with Captains averaging over 8,000 flying hours and First Officers averaging over 3,000. The company security program is regulated by the Transportation Security Administration and includes weapons detection, background checks and trace explosives detection. The flights operate within the bounds of a strict regulatory framework and the company passes rigorous regular airline industry safety audits.
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 JSX, many customers will be unable or unwilling to endure travel at crowded airports, some due to traveling with elderly family members or members on the autism spectrum. JSX is asking customers to use their voices and submit letters or comments for the docket to keep the small charter company flying.
"Your voice can help ensure that our regulators don't cave to political pressure from certain mega airlines and their labor group leaders - opponents that would rather win in Washington than compete to earn your loyalty in a fair and open marketplace," JSX said.RELATED STORIES:Aviation coalition questions basis for FAA notice to revise on-demand charter operation regulationsPart 135 loophole allows airlines to exploit safety regulations, ALPA calls on DOT for change
In July, the Air Line Pilots Association called on the Department of Transportation to close a Part 135 loophole they claimed JSX was exploiting. This was in response to an application filed by SkyWest on July 6 for authority to conduct scheduled operations as a commuter air carrier.
"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'."
The ALPA letter to the DOT also alleged that JSX was using the Part 135 safety regulations to bypass Part 121 safety rules.
"JSX touts that its passengers can avoid security screening protocols that protect passengers and the rest of the country," the ALPA said. "Allowing JSX's passengers and their baggage to bypass the screening regimen that all other scheduled commercial airline passengers and bags must go through is a glaring loophole that must be closed. In addition, despite calling itself a charter operation, JSX applied to operate 110,305 scheduled departures in 2022 with its 37-aircraft operating fleet—more scheduled departures than comparably sized Piedmont, a regional Part 121 operator."
JSX responded, stating that the loophole did not exist. The airline relies on FAA regulations which, "carve out charters that run so frequently they would otherwise be considered scheduled," and therefore claims there is no such thing as "scheduled charters" and JSX is a charter airline. The ALPA determined that SkyWest and JSX were scheduled and not chartered, sticking with the claim that the loophole exists.
In August, an aviation industry coalition questioned the basis for the FAA's considered revisions. Groups like the NBAA and GAMA commented on a collective apprehension over the notice.
"For more than 45 years, Part 380 public charter regulations have allowed for a broad diversity of safe and secure air service options for U.S. consumers," NBAA President and CEO Bolen said. "We remain concerned about any action that may disrupt, or even deprive, air service to smaller communities, especially if action were taken without evidence, data or stakeholder engagement on the adequacy of the existing regulatory framework and the desirability of changes to that framework."See the FAA proposed rule and submit your own comment
The coalition voices concern over the intended changes negatively impacting potential transportation solutions that positively impact consumers and increase the accessibility and effectiveness of on-demand aviation. The industry groups sent a warning to leaders in the White House, the DOT and the FAA of the important role air carriers play in providing air service to small communities across the country. The coalition cautioned leaders on the inaccurate characterization of Part 135 carriers conducting public charter flights.
The NBAA noted that the notice of intent was in response to the concerns raised by other organizations, but the NBAA did not specifically mention the ALPA response to the DOT a month prior.
"Regulatory revisions could have ripple effects throughout the entire part 135 and general aviation ecosystem," NATA President and CEO Curt Castagna said. "It is imperative that any changes are driven not by the economic interest of competitors, but rather by an identified safety need. We look forward to providing comments that support preserving flexibility to meet the diverse needs of the traveling public, while enabling innovative business solutions and healthy economic competition."
The docket has garnered over 37,000 comments and over 17,000 have been posted, many in support of JSX. The comment deadline for the FAA regulatory changes is Oct. 13.