march2023 - 31

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.
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 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 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 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.
ABOUT THE AUTHOR
CURT CASTAGNA
Curt Castagna, president
and CEO of Aeroplex Group
Partners, is also president
and CEO of the National Air
Transportation Association,
the immediate past
chair of the Los Angeles
County Airport Commission, and president
of the Van Nuys and Long Beach airport
associations.
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march2023

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