NBAA questions FAA rationale on new by-the-seat rules

NBAA President Ed Bolen wants the FAA to ‘step forward with a data-driven basis that explains the need for change’ for by-the-seat providers.

By Doug Gollan, June 18, 2024

The National Business Aviation Association is questioning the rationale behind yesterday’s FAA announcement that it plans to begin creating new rules for by-the-seat private flights.

JSX and XO are among the flight providers that sell individual seats on flights operating on a schedule, using private terminals.

They fly as public charter operators regulated under FAA Part 135 safety rules and Department of Transportation Part 380 economic requirements.

“Safety is the top priority for business aviation, and our sector has an impeccable record of leadership in working with government agencies and other stakeholders in the development of regulations that address safety concerns and put operational needs first. The FAA’s announcement suggests an intention to sidestep both considerations,” said NBAA President and CEO Ed Bolen.

Bolen added, “Specifically, the plan to impose new requirements on these carriers has been introduced without an apparent data-based safety rationale. Additionally, the FAA’s approach to developing the requirements has the potential to relegate to the sidelines the citizens in small communities and other important voices most impacted by this process.”

He continued, “We call upon the FAA to step forward with a data-driven basis that explains the need for this change, and detail its intended process for engaging with all voices in a meaningful dialogue about the agency’s approach to public charter policy.”

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