Rule changes for by-the-seat private jet flights years away

FAA: By-the-seat flight providers such as JSX, XO, and Aero will have at least three years to implement any government rules changes.

By Doug Gollan, June 25, 2024

According to a top government official, if you like by-the-seat private jet flights like those offered by JSX, XO, and Aero, among others, any changes are several years away.

Last week, the Federal Aviation Administration announced it “intends to initiate a rulemaking to amend Part 110 definitions of scheduled, on-demand, and supplemental operations.”

The agency continued, “If finalized, the effect of this proposed rule change would be that public charters will be subject to operating rules based on the same safety parameters as other non-public charter operations.”

Last August, the FAA issued a Notice of Intent suggesting potential revisions to the regulatory definitions of on-demand operation, supplemental operation, and scheduled operation flown under 14 CFR Part 110.

The Department of Transportation’s Part 380 regulations address economic authority for those offering public charters.

The rules cover operations with between 10 and 30 seats.


Speaking during the National Air Transport Association’s Air Charter Summit this morning in Oklahoma City, FAA Associate Administrator for Aviation Safety David Boulter (pictured right) told the industry gathering that if any changes are made, there would be a window of at least three years before implementation.

In the mid-1990s, the FAA revised its air carrier safety standards regulations to reflect “one level of safety.”

The change was made after safety concerns, Boulter said.

The goal was for regional air carriers to operate under the same rules as major airlines – Part 121.

Trade groups opposing changes have countered there is no data to support safety concerns.

National Business Aviation Association CEO Ed Bolen said, “Specifically, the plan to impose new requirements on these carriers has been introduced without an apparent data-based safety rationale.”

Providers like JSX have gained popularity.

Consumers use private terminals and FBOs, enabling them to check in up to 20 minutes before departure.

They also avoid crowded and congested main terminals.

However, the current by-the-seat options are limited.

JSX has built a national network.

Aero recently retrenched to limited routes from Los Angeles.

XO has targeted mainly routes between New York and South Florida.

Last year, Blade dropped its seasonal by-the-seat flights between New York to South Florida and Aspen.

‘A lot has changed’

Boulter acknowledged that “a lot has changed” regarding improved safety standards since the 1990s.

However, he said the current operations from by-the-seat semi-private flyers were “not intended” back then.

Boulter said the FAA wants to move from reactive to predictive to preventative to safety.

JSX has asserted that government regulators are driven by major airlines and unions opposing their more customer-centric operations.

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