TSA issues changes to Part 380 public charter security programs

By the seat Part 380, public charter providers such as JSX, Aero, XO, and others will be subject to new rules for security programs starting six months from now, Private Jet Card Comparisons has learned. Travelers who appreciate the convenience won’t be alone. So will man’s best friend. The changes include a by-the-dog start-up called Bark Air.

According to an email yesterday from the National Air Transportation Association to members,
”The Transportation Security Administration (TSA) has finalized changes to the Twelve-Five Standard Security Program (TFSSP) for public charter flights operating under 14 CFR Part 380.”

Twelve-Five refers to aircraft with a maximum certificated takeoff weight of over 12,500 pounds.

By-the-seat providers, such as Tradewind Aviation and Surf Air, which use the Pilatus PC-12, won’t be impacted because of their size or because they operate under different rules.

NATA is a trade association representing the business interests of general aviation service companies on legislative and regulatory matters at the federal level.

The email noted, “NATA is reviewing the changes and communicating with affected operators to ensure a clear understanding and alignment on implementation for our members and industry partners.”

It continued, “NATA cannot publicize our internal analysis because these policy changes are classified as Sensitive Security Information (SSI).”

The message concluded, “We encourage FBOs and airports that support or offer public charter services to discuss potential operational adjustments with the public charter operator.”

A NATA spokesperson declined additional comment.

TSA Part 380 changes

The new TSA requirements will make it more difficult and possibly impossible for some FBOs and airports to accommodate by-the-seat flight providers.

The impact will include requirements for additional space and personnel.

One source says the changes will take effect 180 days after issuance, apparently in the last several days.

The new rules from TSA have been under discussion since the middle of 2024.

The timing of delivering the new rules days before the change in administration was a surprise.

Another source, who called the TSA edict irrational, noted that the same operator and aircraft flying with the exact passenger count on a Part 135 charter flight would not face the increased security requirements.

An initial goal would be to delay the implementation.

“If there is space, there could be construction, permit requirements, contractors, build-outs, hiring and training additional personnel. The amount of time doesn’t make sense,” she said.

The TSA’s security changes are apparently unrelated to the FAA’s publicly announced review of the Part 380 rules.

FAA’s Part 380 changes?

The new TSA rules were surprising as there was a belief that the FAA was not moving forward on its initiative, according to one source.

Seven aviation groups wrote to the Federal Aviation Administration in October 2023, opposing potential rule changes that would affect the by-the-seat private flights from private terminals.

The letter to the FAA was co-signed by the Airline Passenger Experience Association (APEX), General Aviation Manufacturers Association (GAMA), Helicopter Association International (HAI), International Flight Services Association (IFSA), National Air Transportation Association (NATA), National Association of State Aviation Officials (NASAO) and National Business Aviation Association (NBAA).

It stated, “In an industry where four major airlines control more than 80% of the domestic market, Part 380 provides much-needed competition in a highly concentrated marketplace, often ensuring secondary markets and small communities continue to have options for meeting the air transportation needs of their citizens.”

JSX CEO Alex Wilcox has been the most vocal opponent.

In an email to customers back in 2023, Wilcox wrote: “Hiding behind baseless allegations and fearful of competition and innovation, (big airlines and unions) are trying to outlaw small air carriers, like JSX, that care about providing you with much-needed choice and high-quality service.”

Reuters reported on the FAA’s interest, “Airline unions have opposed the expansion of charter operations. Association of Flight Attendants-CWA President Sara Nelson praised the FAA action, calling the charter regulations a ‘loophole that undermines safety and security rules for commercial aviation.'”

In its notice that it was gathering information in advance of possible rule changes, the FAA wrote:

The FAA has found that in recent years there has been a rapid increase in the number of the flights proposed to the DOT to be provided by part 380 public charter organizers, who then have part 135 on-demand operators provide the air transportation for those flights. These flights, which are conducted in a variety of aircraft from small single-engine turboprops to large turbojet aircraft with up to 30 passenger seats, often resemble part 121 operations because they are advertised as scheduled service or even as partners with major airlines. With this new trend, the FAA is committed to maintaining the safety of the NAS, taking into consideration the intent and requirements of the 1995 rulemaking, as well as any risk associated with a rapid expansion in aviation operations.

Speaking during the NATA’s Air Charter Summit last June in Oklahoma City, FAA Associate Administrator for Aviation Safety David Boulter told the industry gathering that if any changes are made, there would be a window of at least three years before implementation.

Popular service

The popular by-the-seat services enable flyers to have a private jet-like ground experience.

Private terminals and FBOs enable customers to avoid crowded airport terminals.

The check-in deadline for domestic flights is typically 20 minutes.

Passengers are able to leave the airport within minutes of deplaning.

Representatives of Slate Aviation, which is taking over operations of the XO shuttles, Bark Air, JSX, and Aero, either declined to comment or did not respond.