Industry Challenge:
The FAA is considering regulatory changes that would significantly impact today’s Part 380 business model, which has been a successful, safe pathway for providing scheduled service, especially to rural communities, for decades.
NBAA Response:
NBAA will continue its education and advocacy efforts with the FAA, DOT and TSA, as well as Congress, to encourage practical, risk-based regulatory and policy changes which allow this business model to continue providing safe service.
The FAA recently announced it will begin rulemaking to address public charter operations regulated under Part 380 and currently conducted as on-demand Part 135 flights. The agency said this initiative is necessary due to the rapid expansion in the frequency and complexity of these operations in recent years.
“It’s unusual for an agency to signal an outcome prior to conducting the promised risk assessment.”
Doug Carr, NBAA Senior Vice President of Safety, Security, Sustainability and International Affairs
The FAA intends to pursue the rulemaking effort expeditiously, and will soon establish a Safety Risk Management Panel to assess the feasibility of a new operating authority for scheduled Part 135 operations in 10-30 seat aircraft. The rulemaking effort would focus on definitions of “scheduled,” “on demand” and “supplemental” operations, as defined in Part 110, with the agency signaling scheduled operations are likely for aircraft with 10-30 seats.
“It’s unusual for an agency to signal an outcome prior to conducting the promised risk assessment,” said Doug Carr, NBAA’s senior vice president of safety, security, sustainability and international affairs. “NBAA strongly encourages the FAA to conduct its Safety Risk Management Panel and allow that risk assessment to determine if rule changes are necessary to maintain safe operations.”
Interest in this topic is high: An August 2023 FAA request for comment on the issue received approximately 60,000 public comments.
NBAA has been advocating for reasonable public charter regulations, allowing current operational models to continue, with both the FAA and Congress. NBAA Senior Vice President for Government Affairs Kristie Greco Johnson said stakeholders that oppose the concept of Part 380 flights conducted as on-demand charter operations have pushed hard for language in various appropriations bills to prohibit these types of operations.
“NBAA will continue to work with 380 operators and other stakeholders to educate Congress and others to ensure there is no problematic language included in the appropriations bills,” Johnson said.
The TSA is also reviewing security requirements for Twelve Five Standard Security Program (TFSSP) holders. The program, applicable to commercial operations in aircraft with a maximum takeoff weight over 12,500 pounds, may change screening requirements for passengers and their accessible property on public charter flights. The TSA sought feedback from stakeholders on its proposed changes.
“This is not just an FAA or DOT challenge for the industry,” said Carr. “TSA security requirements for the TFSSP could also face changes.”
Overly burdensome regulations without a clear safety or security basis could impact air service to rural communities and could negatively impact the nascent advanced air mobility industry by eliminating the flexibility of today’s Part 380 business model.
“This whole issue feels like anti-competitive airline tactics masquerading as safety and security policy,” concluded Carr.
International Business Aviation Council Ltd.