NATA Awaits Case For FAA Charter Rule

Association executives say they are awaiting justification from the FAA on its planned rulemaking to tighten requirements for Part 135 carriers flying public charter flights.

The FAA announced in June that it would begin a rulemaking to amend definitions of “scheduled,” “on demand,” and “supplemental” operations under Part 110, its regulation governing air carriers. The new rule, if finalized, could subject Part 135 operators of 10-to-30-seat aircraft to the same safety requirements of Part 121 airlines when they conduct scheduled flights under the U.S. Transportation Department’s (DOT) Part 380 public charter rule.

The agency also plans to assess the feasibility of developing new standards for scheduled Part 135 operations of 10-to-30 seat aircraft.

Executives with the National Air Transportation Association (NATA), which counts Part 135 carriers among the aviation businesses it represents, say they have yet to see a safety or a business case for drafting a new “135 Plus” regulation, which might have the effect of eliminating a revenue source for some carriers and reducing air service to smaller markets.

NATA was among trade associations, airlines, and some Part 135 operators that attended an FAA “listening session” on public charters Oct. 16, 2024 at the agency’s headquarters in Washington. Executives said they expect the FAA will release a formal notice of proposed rulemaking (NPRM) next January or February.

“NATA position is we’re still in discovery,” said Keith DeBerry, the association’s COO. “Normally, there’s an issue and there is safety data that goes along with that. We can’t get a clear answer on what problem they’re trying to solve. What is the triggering event to this? Show me the safety data that you have gathered that clearly shows there is an issue that needs to be adjudicated via an NPRM.”

Notice Of Intent

The FAA’s announcement in June followed a notice-of-intent the agency released in August 2023 informing Congress, which was then deliberating new FAA reauthorization legislation, that it planned to consider revisions to regulatory definitions of various operations. In September 2023, the agency issued a policy notice that tasked its principal inspectors with oversight responsibility for Part 135 operators being used by public charter brokers to provide more data on their operations and airworthiness.

Attached to the policy notice was a list of 19 Part 135 certificate holders that conducted Part 380 public charter flights at the time, including Contour Airlines, JSX, Prime Jet, and Verijet.

Scheduled commuter operations under Part 135 are allowed for aircraft carrying up to nine passengers. With DOT Part 380 authorization, Part 135 operators of aircraft seating 10 or more passengers can conduct charter flights for which brokers have sold tickets in advance.

While associations representing the airline industry have called public charters a “loophole” that holds some carriers to lesser standards, the FAA itself added Part 380 to its certification requirements for passenger-carrying operators in 1997. “This change specified that Part 380 public charters would not be considered scheduled operations even though the departure location, departure time, and arrival location are offered in advance,” the agency stated in its September 2023 policy notice.

What apparently triggered the regulatory rethink was a 2022 application by SkyWest Charter to conduct scheduled passenger operations under Part 380 with 30-seat Bombardier CRJ-200s. The Air Line Pilots Association, International, the Allied Pilots Association representing American Airlines pilots, and the Association of Flight Attendants-CWA are among the organizations that have called on the FAA, DOT and other agencies to reject the application.

NATA executives said the association would rather see the FAA exercise regulatory authorities it already has before drafting a new rule for Part 135 operators. They point out that operators are still in the early stages of implementing safety management systems (SMS), which have been required for Part 121 airlines since 2018.

Charter and Part 91 air tour operators have three years to establish safety systems under a final SMS regulation the FAA released in April.

The association will hold an informational meeting on SMS for its members at Tarrant County College in Fort Worth on Feb. 19.

“We’re going to take on that lead role for Part 135,” DeBerry said. “We’re going to bring in operators, the FAA—the SMS program office, and start to create a community of knowledge, basically. There’s a lot of misconceptions. Operators will take a wait-and-see approach and suddenly they’ll have to have [SMS].”