Justin Foster from Simple Flying – Reports

A new bill is set to enhance safety standards for both private jet operators and public charter companies through several different regulation changes.

The bill aims to close security screening loopholes to ensure passenger and crew safety for these private charter companies, which fall mostly under the FAA’s Part 135 and Part 380 regulations.

The bill was supported by numerous commercial aviation organisations and Congressional representatives, while many private charter companies were interested in learning more about the new requirements.

On Monday, August 5, Congressional Representative Nick Langworthy of New York’s 23rd District announced the introduction of the Safer Skies Act, which was co-signed by the Congressional Representative of Texas’s 33rd District, Marc Veasey. The bill aims to increase safety standards and “fix a loophole” that certain air operators allegedly exploit.

Langworthy spoke about his new bill, stating, “Due to the reforms following the September 11th attacks, Americans have come to expect a high level of safety and security when they board a plane on American soil. As the chair of the Aviation Safety Caucus, I’ve worked closely with partners and experts in the federal government and aviation industry to identify existing security gaps and maintain our high safety standards. The Safer Skies Act will close a loophole that has allowed certain operators, like ticketed charter flights, to bypass the rigorous screening requirements that ensure the safety of all passengers. It is vital for protecting our skies and the lives of passengers and crew alike.”

Specifically, the Safer Skies Act will increase the required security screening requirements for both Part 135 operators and Part 380 operators. Part 135 operators are defined by the Federal Aviation Administration (FAA) as commuter or on-demand operations, which are typically private jet or aircraft charter companies. Part 380 operators are defined by the FAA as public charter air transportation companies. This means that security standards will most likely be increased at private terminals and fixed base operators (FBOs), and will require updated services from the Transportation Security Administration (TSA).

The Safer Skies Act also wants to update security standards for these companies. This means that these charter companies will be held to the same safety standards as other scheduled commercial airlines. The bill was also cosigned by several other Congressional members, including the following representatives:

• Jake Ellzey (Texas 6th District)
• Jonathan Jackson (Illinois 1st District)
• Anthony D’Esposito (New York’s 4th District)
• Eleanor Holmes Norton (DC)
• Mike Lawler (New York 17th District)
• Hillary Scholten (Michigan 3rd District)
• Brian Fitzpatrick (Pennsylvania 1st District)
• Angie Craign (Minnesota 2nd District)
• Andrew Garbarino (New York 2nd District)
• Jerrold Nadler (New York 12th District)
• Lor Chavez-DeRemer (Oregon 5th District)

Response From the Aviation Industry
At the announcement of the bill’s introduction, Langworthy stated that the bill was supported by many organisations within the commercial aviation industry. This includes the Allied Pilots Association (APA), the National Air Carrier Association (NACA), the Association of Professional Flight Attendants (APFA), the Association of Flight Attendants-CWA (AFA-CWA), the Air Line Pilots Association (ALPA), the Southwest Airlines Pilots Association (SWAPA), and the Transport Workers Union (TWU). Additionally, the NetJets Association of Shared Aircraft Pilots (NJASAP), which is the pilot union for the largest private jet charter company in the world, announced its support for the introduced legislation.

The Air Lines Pilots Association (ALPA), which is the largest pilot union in the world, was especially supportive of The Safer Skies Act. Captain Jason Ambrosi, the President of the union, stated,

“Airline passengers should be able to board a plane and trust that they have the same level of safety and security whether they are flying into a big city or a small town. Loopholes, and the abuse of current rules and regulations, undermine a system that has made US commercial aviation the safest in the world.”

ALPA has been in support of increased safety standards for private charter companies. The company recently spoke out against air carrier JSX, stating that the air carrier bypasses standard commercial safety and security regulations while still operating regularly scheduled flights. The union also mentioned that JSX passengers and their baggage can use a loophole in the standard safety regulations to bypass the normal screening process that standard commercial travellers must go through. JSX did not immediately respond for comment.

ALPA has been in support of increased safety standards for private charter companies. The company recently spoke out against air carrier JSX, stating that the air carrier bypasses standard commercial safety and security regulations while still operating regularly scheduled flights. The union also mentioned that JSX passengers and their baggage can use a loophole in the standard safety regulations to bypass the normal screening process that standard commercial travelers must go through. JSX did not immediately respond for comment.

What Does the FAA Think?
Last month, the Federal Aviation Administration (FAA) released a statement that it intended to address common loopholes used by public charter flights. Specifically, the FAA wanted to take action that affected organisations that operate like scheduled airlines while remaining under the charter regulations.

On June 17, earlier this year, the FAA released plans to initiate amendments to its Part 110 regulations. The organisation plans to update the definition of scheduled, on-demand, and supplemental operations. This means that several companies may fall into different categories depending on the new definitions.

The FAA will also look into updating regulations that define standard aircraft sizes. This is to realign the aircraft size standards for smaller, underserved areas. The FAA will potentially expand its Part 135 regulations to include operations in aircraft that can seat 10–30 passengers.