Six leading aviation groups joined to question the basis for\nthe Federal Aviation Administration\u2019s (FAA\u2019s) new notice proposing sweeping\nrevisions to requirements for on-demand air carriers operating Department of\nTransportation (DOT)-authorized public charter operations, which provide vital\nair service to small communities.<\/p>\n\n\n\n
Submitted recently for publication in the Federal Register,\nthe FAA Notice of Intent (NOI) suggests potential revisions to the regulatory\ndefinitions of \u201con-demand operation,\u201d \u201csupplemental operation\u201d and \u201cscheduled\noperation\u201d under 14 CFR Part 110, which governs Part 135 public charter\ncarriers conducting Part 380 flights.<\/p>\n\n\n\n
The FAA regulations govern the operations of air carriers,\nwhile DOT Part 380 regulations address economic authority for those offering\npublic charters. Current regulations allow a Part 380 operator to work with any\nair carrier, including on-demand carriers operating under Part 135.<\/p>\n\n\n\n
In putting forward the notice, FAA officials presented a\ndata set pointing to the growth in flights conducted under Part 380 over the\npast decade as the basis for the agency\u2019s proposed regulatory review. However,\nthe operational increase has come with no major incidents or accidents under\nthe current regulatory framework, which makes the motive for the FAA\u2019s action\nunclear.<\/p>\n\n\n\n
The concern was among several raised by the National\nBusiness Aviation Association (NBAA), Airline Passenger Experience Association\n(APEX)\/International Flight Services Association \u00e2\u0080\u008e\u00e2\u0080\u008e(IFSA), General Aviation\nManufacturers Association (GAMA), Helicopter Association International (HAI),\nNational Air Carriers Association (NACA) and National Air Transportation\nAssociation (NATA) over the FAA notice. <\/p>\n\n\n\n
\u201cFor more than 45 years, Part 380 public charter regulations\nhave allowed for a broad diversity of safe and secure air service options for\nU.S. consumers,\u201d NBAA President and CEO Bolen said. \u201cWe remain concerned about\nany action that may disrupt, or even deprive, air service to smaller\ncommunities,\u201d Bolen continued, \u201cespecially if action were taken without\nevidence, data or stakeholder engagement on the adequacy of the existing\nregulatory framework and the desirability of changes to that framework.\u201d<\/p>\n\n\n\n
\u201cThis review must be a data-driven look at the safety record\nof the current system and a precise delineation of any perceived problems. If\ncompelling issues are identified that need to be addressed, any policy changes\nmust be designed in a practical and targeted fashion to minimize any negative\nimplications for small and rural communities, transportation efficiency and\ninnovation, and progress on aviation sustainability. This is an issue with much\nat stake and needs to be based upon safety data and serious regulatory\nanalysis,\u201d GAMA President Pete Bunce said.<\/p>\n\n\n\n
\u201cPart 380 public charter regulations have been in operation\nfor more than four decades. Merely witnessing an uptick in Part 380 operations\nover the past decade is insufficient grounds for a sweeping overhaul of\nregulations, particularly when such changes carry far-reaching implications for\nthe entire general aviation community,\u201d said HAI President and CEO James Viola.\n\u201cThe absence of safety concerns raised by industry experts during this period\nsuggests that the existing Part 380 regulations are robust and effective. In\ncontemplating any regulatory modifications, it is paramount to prioritize\nsafety, efficiency, innovation and sustainability as guiding principles\nthroughout the decision-making process.\u201d<\/p>\n\n\n\n
\u201cRegulatory revisions could have ripple effects throughout the entire part 135 and general aviation ecosystem,\u201d said NATA President and CEO Curt Castagna. \u201cIt 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.\u201d<\/p>\n\n\n\n
Airline Passenger Experience Association\n(APEX)\/International Flight Services Association \u00e2\u0080\u008e\u00e2\u0080\u008e(IFSA) CEO Dr. Joe Leader\nspoke on behalf of the organizations that count as members \u00e2\u0080\u008enearly every major\ncommercial airline in the world. \u201cReducing air travel choice in the \u00e2\u0080\u008eUnited\nStates goes against the very grain of capitalism that has made U.S. so\nsuccessful \u00e2\u0080\u008esince airline deregulation,\u201d Dr. Leader stated. \u201cTo maximize\nconsumer choice and positive \u00e2\u0080\u008epassenger experience, Part 380 public charter\noperations provide expanded competitive air \u00e2\u0080\u008eservice to more destinations than\never across the United States. In this instance, the Part \u00e2\u0080\u008e\u00e2\u0080\u008e380 public charter\nregulatory changes proposed could shut down successful passenger air \u00e2\u0080\u008eoperators\nnearly a decade into their service for the enhanced democratization of air\ntravel \u00e2\u0080\u008eacross the United States.\u201d\u00e2\u0080\u008e<\/p>\n\n\n\n