DOT AND FAA CONSIDER PART 380 DEFINITIONAL RULEMAKING
October 13, 2025
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On September 22, 2025, DOT and FAA proposed a series of “long-term” actions, including potentially removing references to public charter operations and Part 380 from the regulatory definitions of scheduled operation, on-demand operation, and supplemental operation. The FAA first requested comments on this matter back in August 2023 when regulators planned to address the so-called public charter operator exception from the FAA regulations for scheduled Part 121 operators via rulemaking. The exception means that public charter operations are excepted from the regulatory definition of “scheduled operation” and are rather included in the definition of “supplemental operation” regardless of whether such operations are offered in advance to the public. Absent this regulatory exception, public charter operators would be required to comply with the operating rules applicable to other commercial operators, including Part 121 operators.
Considering the above, DOT recently granted Skywest Charterer, LLC a Commuter Air Carrier Authorization despite objections from Air Line Pilots Association, International, among others, that on-demand charter services are virtually indistinguishable from scheduled flights. Objecting parties broadly argued that public charter flights using 30 or fewer passenger seat aircraft should be required to operate under Part 121. Doing so would require public charter operators to comply with the additional safety regulations normally applicable to scheduled air carriers. Despite those arguments, DOT declined to opine on whether commuter passenger operations under Part 380 constitute scheduled service, yet regulators left the door open to future rulemaking. Public charter operators should watch closely in this regard should regulators initiate rulemaking to bring public charters operators under the Part 121 regulatory umbrella.
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