FAA ISSUES NOTICE OF INTENT TO INITIATE RULEMAKING THAT COULD POTENTIALLY IMPACT CERTAIN PUBLIC CHARTER OPERATORS
July 3, 2024
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On June 17, 2024, the Federal Aviation Administration (“FAA”) announced its intention to publish a Notice of Proposed Rulemaking regarding its proposed changes to the regulations governing public charter flights. Under 14 CFR 110.2 of the FAA’s safety regulations, public charters can be “on-demand operations” if using airplanes (including jet-powered airplanes) with no more than thirty passenger seats. Under the FAA’s proposed changes, Part 110’s definition of “scheduled,” “on demand,” and “supplemental” operations would be amended. This amendment would cause public charters to be subject to operating rules similar to the safety parameters regulating other non-charter operations. These revisions were triggered by certain charter operators who, despite operating what are basically scheduled flights, are allowed to follow less stringent regulations because they use smaller aircraft. These operators are not required to screen passengers through TSA checkpoints, for example. The FAA identified this incongruence as a notable safety risk. In a prior request for comment, the FAA received over 60,000 comments in less than a year from a wide range of stakeholders including airlines and passengers. The new rule would also focus on expanding air service to small and rural communities; specifically, the FAA will organize a Safety Risk Management Panel to assess the possibility of a new operating authority for smaller aircrafts (10-35 seats). The FAA encourages interested persons to provide comments, written data, views, or arguments relating to this notice.
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