Regulatory Changes on the Horizon for Part 135 Operators

With the summer season, there’s naturally been a rise in advertisements for nonstop flights to "beat the traffic.”  If you dig in, many are for non-stop on-demand charter flights like Linear Air or JSX Air.

If you look closely at these two examples, both charter operators outline on their websites specifics about their operations.

Linear Air:

“All Linear Air flights are operated on Technically Advanced Aircraft (TAA) by FAA and government approved commercial charter operators whose aircraft have undergone a government conformity inspection, have been government-certified for commercial charter operations, and carry an appropriate and current airworthiness certificate.”

JSX Air:

“Flights are operated with E135 or E145 aircraft by Delux Public Charter, LLC (dba JSX Air or Taos Air), which holds an FAA Air Carrier Certificate (4DPA097O) and DOT commuter air carrier authorization. Flights are public charters sold by JetSuiteX, Inc. as the charter operator and Delux Public Charter, LLC as the direct air carrier, subject to DOT Public Charter Regulations at 14 C.F.R. Part 380. PC-23-113.  All flights are subject to our Operator Participant Agreement and Carriage of Contract.”

Figure 1: JSX Airlines Route Map

Both of these offerings are operated as charter flights, one covered under Federal Aviation Administration regulations (FAR) Part 135 - Public Charter Flights, a newsworthy subject as of late. Specifically, the FAA announced on June 17, 2024 that it will begin a formal effort to update the regulatory definitions that cover Part 135 public charter flights with 30 or fewer passengers.  This is a significant change in regulatory oversight, given these smaller public charter operations have had fewer restrictions (and regulations) than larger public charter operators.

Knowing that the FAA will make fast work of the notice of proposed rulemaking, it will seek comment on an effective date for industry to adapt to these regulatory changes. Its plans are to follow the initial request for comment on the issue in August 2023 where the FAA received approximately 60,000 public comments - the vast majority in favor of keeping the status quo of regulatory oversight.  However, despite these comments, the FAA has decided to move ahead with the proposed changes, effectively closing a loophole that has allowed public charter operators to operate under less stringent rules than traditional commercial airlines.

Additionally, and in tandem, the TSA has been reviewing the security requirements of certain operators under the Twelve-Five Standard Security Program (TFSSP), which outlines requirements for FAA Part 135 certificated carriers offering commercial air transport using aircraft with a maximum certificated takeoff weight between 12,500 pounds (5,670 kg) and 100,309.3 pounds (45,500 kg). The TSA review has included a proposal for the screening of passengers and their accessible property on public charter flights along with other requirements for all TFSSP operators.  In accordance with 49 Code of Federal Regulation (CFR) Part 1544, TSA has provided the required 45-day comment period for the impacted operators, which closed last month.

While not getting into the specifics of the proposed security program changes, both the FAA proposed regulatory changes and the TSA security program changes represent a significant change for Part 135 operators.

The FAA changes for operators flying under the Department of Transportation’s Part 380 public charter economic authority involve a rulemaking to alter the definitions of “scheduled,” “on demand,” and “supplemental.”  Additionally, the Federal Aviation Administration noted its plans to form a Safety Risk Management Panel (SRMP) which would discuss the potential for a new operating authority for scheduled Part 135 operations in ten to thirty-seat aircraft.

As with any rulemaking, time is a factor, and it has not yet been determined when these changes will take place nor the timeline for implementation.  However, relevant charter operators can take immediate steps to prepare.

Need help navigating proposed rulemaking and getting ahead of new aviation security requirements? LAM LHA can help.  

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