January/February 2023 - 38

AIRPORT GURU
This business model for public
charter flights, known as " charterby-the-seat, "
brings private aviation
to a broader, more diverse segment
of the traveling public and provides
essential air services to local communities.
The operations are regulated by
the Department of Transportation (14
CFR 380) and are considered permissible
under federal rules by the Federal
Aviation Administration (FAA).
However, at many of our nation's
general aviation airports, these
scheduled commercial charter operations
have caused some community
members and public officials to
question whether selling single seats
on charter aircraft - particularly
those with published and planned
flight departure times - should be
prohibited.
The public controversy seems to
stem from what distinguishes a scheduled
Part 121 commercial airline
operation from a scheduled Part
135 charter operation. Per the FAA,
Part 135 on-demand aircraft charter
operators, who own or manage the
aircraft, may offer up to four scheduled
round-trip flights per week in
an aircraft with up to nine seats. If the
aircraft is configured for more than 9
seats, it can only be operated at a Part
139 certificated airport.
Therefore, scheduled commercial
air carrier service - including airline,
regional air carrier and cargo flights
- are prohibited at general airports
that do not hold a Part 139 operations
certificate. However, scheduled
flights operated under Part 380 are
permissible at those airports regardless
of the aircraft type or number of
seats since they are not considered
scheduled by the FAA.
The DOT permits Part 380
public charter companies, who do
not own or operate the aircraft, to
advertise and sell single seats on
flights conducted at general aviation
airports in aircraft with over
nine seats. If a Part 135 on-demand
operator wishes to operate five or
more scheduled round-trip flights
per week under a published schedule,
it must first obtain commuter
operations specifications under Part
380 of the DOT's regulations.
This means that in order to take
advantage of the public charter rules,
a Part 135 on-demand air carrier
must enter an arrangement with
a Part 380 public charter operator
that can sell seats on the flights for
which authority was granted. Only
a Part 380 public charter operator
may publish and advertise scheduled
flights beyond what is permitted
under Part 135.
Also, Part 380 of the DOT's regulations
requires all persons who wish
to arrange public charter flights to
first submit a charter prospectus to
DOT which contains information
about the proposed charter program.
The DOT publishes this information
several times per year.
be able to withstand a federal grant
assurance challenge.
A growing issue of public concern
is whether passengers buying single
seats should be subject to the same
security screening process as those
flying on a commercial airline.
Current TSA regulations state that
for charter jets carrying more than
61 passengers, the passengers are
required to pass through normal
security. Light private jets, which
normally seat anywhere from four
to eight people, are therefore exempt
from going through the same inspection
as commercial flight passengers.
As charter industry operators
and brokers bring the advantages of
private air travel within the reach of
more communities, important questions
must be addressed. How would
prohibiting public charter flights
A GROWING ISSUE OF PUBLIC
CONCERN IS WHETHER PASSENGERS
BUYING SINGLE SEATS SHOULD BE
SUBJECT TO THE SAME SECURITY
SCREENING PROCESS AS THOSE
FLYING ON A COMMERCIAL AIRLINE.
In general, public use airports
have limited authority under federal
law to restrict operations that can
safely and legally use those airports.
However, airport sponsors may exert
some authority to regulate scheduled
charter operators to protect airport
safety and efficiency, provided the
regulations are not discriminatory.
Should the FAA deem such an action
to result in unjust discrimination to
aeronautical activities, it could result
in an airport jeopardizing its federal
grant assurances.
While the FAA generally recognizes
the airport sponsor's authority
to regulate operations, some public
charter operators are actively filing
lawsuits against municipalities that
seek to limit their operations. To
survive a legal challenge, any regulation
of public charter flights must
38 \ AIRPORT BUSINESS / JANUARY/FEBRUARY 2023
impact the inclusionary process of
serving a more diverse segment of
the traveling public? Is it equitable
or just to transfer the noise impacts
of certain aircraft operations from
one community to another? How
will limiting flights now considered
legal by the FAA and DOT impact
interstate commerce?
It seems the technology landscape
is evolving so quickly that federal
regulatory agencies are struggling
to keep pace. It is only a matter of
time until similar questions are asked
about emerging industries in urban air
mobility, such as eVTOL and air taxis.
To protect the integrity of our
nation's air transportation system and
ensure essential air services are provided
to local communities, policy
discussions must take place at the
federal level. 
January/February 2023

Table of Contents for the Digital Edition of January/February 2023
