FAA Eyeing Changes to Regulations Regarding Public Charter Operations | Aviation International News

Regulations and Government

FAA Eyeing Changes to Regs Regarding Public Charters

FAA action could push ops into Part 121

JSX Embraer ERJ (Photo JSX) — JSX was swept into the debate surrounding the use of Part 380. (Photo: JSX)

By Kerry Lynch • Editor, AIN monthly magazine

August 25, 2023

The FAA is thinking about revising its definitions of on-demand operation, supplemental operation, and scheduled operation as it jumps into the roiling debate surrounding the use of Department of Transportation (DOT) Part 380 public charter economic authority. Releasing a draft notice of intent (NOI) yesterday, the FAA said it is planning a rulemaking to address “the exception from FAA’s domestic, flag, and supplemental operations regulations for public charter operators.” Such a rulemaking, the agency added, would move some operators under Part 135 to Part 121.

Part 380 has been used by operators such as JSX, large charters, essential air service providers, and companies employing other on-demand per-seat models for the past 45 years. However, an application filed a year ago by SkyWest Charter for DOT Part 380 authority has touched off a controversy pitting pilots, some airlines, and certain communities against other operators, the business and general aviation sector, and other communities. While SkyWest filed the application, Part 380 operator JSX has become a prime target for those opposing the use of 380.

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