FAA ANNOUNCES NOTICE OF INTENT TO INITIATE RULEMAKING FOR PUBLIC CHARTER OPERATORS
September 4, 2023
On August 24, 2023, the Federal Aviation Administration (“FAA”) released a draft Notice of Intent (“Notice”), announcing its plan to initiate a rulemaking to revise the definitions for public charter operations. Under the Notice, the FAA proposes to modify the current exception for public charterers to operate on-demand and scheduled service under 14 C.F.R. Part 380. Under the current rules, Part 380 allows operations to be conducted under Part 135 if the operation involves an airplane with 30 or fewer passenger seats. The new rule would require public charter airplane operators to comply with the requirements in Part 121.
The Notice comes amid congressional and Agency debate concerning large charter operators using the Part 380 rules to forego the pilot hour requirements, and in the context of the larger FAA Reauthorization Act debate surrounding the reduction of pilot flight time requirements to curtail the pilot shortage. Public comments, supporting or opposing the FAA’s Notice, are due within 45 days after publication.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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