[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 [www.gpo.gov]
[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:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     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.
     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.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov 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: 
[email protected].

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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy. 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 https://www.regulations.gov.

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]
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