Proposed Rule2023-18615
Revisions to the Regulatory Definitions of “On-Demand Operation”, “Supplemental Operation” and “Scheduled Operation”
Primary source
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Published
August 29, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This document alerts the public that the FAA intends to initiate a rulemaking to address the exception from FAA's domestic, flag, and supplemental operations regulations for public charter operators. To inform this effort, the FAA seeks public comment, data, and other information regarding current and planned public charter flights operated under on-demand rules that appear indistinguishable from flights conducted by air carriers as supplemental or domestic operations. The FAA will review comments received in response to this document to evaluate the need for and, if necessary, scope of any rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 166 (Tuesday, August 29, 2023)</title>
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[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Proposed Rules]
[Pages 59480-59481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18615]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 110
[Docket No. FAA-2023-1857]
RIN 2120-ZA32
Revisions to the Regulatory Definitions of ``On-Demand
Operation'', ``Supplemental Operation'' and ``Scheduled Operation''
AGENCY: Department of Transportation (DOT), Federal Aviation
Administration (FAA).
ACTION: Request for comments.
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SUMMARY: This document alerts the public that the FAA intends to
initiate a rulemaking to address the exception from FAA's domestic,
flag, and supplemental operations regulations for public charter
operators. To inform this effort, the FAA seeks public comment, data,
and other information regarding current and planned public charter
flights operated under on-demand rules that appear indistinguishable
from flights conducted by air carriers as supplemental or domestic
operations. The FAA will review comments received in response to this
document to evaluate the need for and, if necessary, scope of any
rulemaking.
DATES: Send comments on or before October 13, 2023.
ADDRESSES: Send comments identified by docket number FAA-2023-1857
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at 202-493-2251.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jackie Clow, Aviation Safety
Inspector, Air Transportation Division, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone: (202) 267-8166; email:
<a href="/cdn-cgi/l/email-protection#a6ccc7c5cdcfc388c788c5cac9d1e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="ed878c8e868488c38cc38e81829aad8b8c8cc38a829b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to provide comments, written
data, views, or arguments relating to this document. Send your comments
to an address listed under the ADDRESSES section. The FAA will consider
comments received on or before the closing date. All comments received
will be available in the docket for examination by interested persons.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>. You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000, see 65
FR 19477, or you may visit <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Background
Title 14 CFR part 380 is an economic regulation administered by the
Department of Transportation. Currently, under 14 CFR 110.2 of FAA's
safety regulations, public charters operated under the terms of 14 CFR
part 380 may be conducted as ``on-demand operations'' if the aircraft
operator is using airplanes, including turbo-jet powered airplanes,
with 30 or fewer passenger seats. On-demand operations must be
conducted under the operating rules in 14 CFR part 135. See, 14 CFR
119.21(a)(5) and 135.1(a)(1). Similarly, public charter operations are
excepted from the Sec. 110.2 definition of ``scheduled operation'' and
are included in the definition of ``supplemental operation'' regardless
of whether such operator offers in advance to the public the departure
location, departure time, and arrival location of the flight. But for
the part 380 exceptions in Sec. 110.2, public charter operators would
be required to comply with the operating rules applicable to their
operations based on the same criteria as all other air carriers and
commercial operators, i.e., 14 CFR part 121.
The FAA intends to initiate a rulemaking to amend title 14, Code of
Federal Regulations (14 CFR), part 110 to address these public charter
operations that, in light of recent high-volume operations, appear to
be offered to the public as essentially indistinguishable from flights
conducted by air carriers as supplemental or domestic operations under
14 CFR part 121. Specifically, the size, scope, frequency, and
complexity of charter operations conducted as ``on-demand'' operations
under the part 135 operating rules has grown significantly over the
past 10 years. While the FAA has adjusted its oversight of these
increased operations, the FAA is considering whether a regulatory
change may be appropriate to ensure the management of the level of
safety necessary for those operations.
The FAA is considering issuing a notice of proposed rulemaking that
will seek comment on removing the exceptions for part 380 public
charter operators from the definitions in 14 CFR 110.2 and delink FAA's
safety regulations from DOT's economic regulations. If the FAA were to
remove the exceptions, operators would then conduct public charter
flights under the operating part applicable to their operation based on
the same criteria that apply to all other non-part 380 operators,
including the size and complexity of aircraft they operate and the
frequency of flights.
Were FAA to amend its regulatory framework, some operators
conducting public charter operations would need to transition from
operating under part 135 to part 121. This transition may require
affected operators to adjust their service models. As such, this
document solicits comment, data, and other information regarding: the
effects of any removal of the part 380 exception (including any effect
on service to small and underserved communities); potential impacts on
competition, innovation, and emerging technologies; alternative
regulatory structures that could apply to the provision of commercial
passenger services under a regime other than part 121 or part 135; if
FAA were to adopt a rule, the reasonable period of time needed to allow
affected operators to obtain appropriate certificates and
[[Page 59481]]
authorizations to transition their operations to the applicable
operating parts of 14 CFR; and any additional topics interested parties
believe should be considered.
The FAA will review all comments submitted to inform its planned
rulemaking.
Issued on August 24, 2023.
David H. Boulter,
Acting Associate Administrator, Aviation Safety, Federal Aviation
Administration.
[FR Doc. 2023-18615 Filed 8-28-23; 8:45 am]
BILLING CODE 4910-13-P
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