ST. GEORGE — Federal officials announced last week that they are considering revisions to rules governing some air charter operations.
This can either prove to be a benefit or a roadblock to St. George-based SkyWest, Inc. which applied to the Federal Aviation Administration to approve the creation of SkyWest Charter last summer.
The FAA said it will begin rulemaking to cover “high-volume” charters that sell seats to the public and are “essentially indistinguishable” from airlines that offer scheduled service.
The FAA said it has “adjusted its oversight” of charter flights as they have grown in size and frequency over the past 10 years. The agency said it will consider whether regulatory changes are needed “to ensure the management of the level of safety necessary for those operations.”
Airline unions, such as the Air Line Pilots Association, applauded the move. They claim that charter operations can be used to sidestep federal safety regulations. The association has specifically called out SkyWest since it applied to the FAA for approval last year.
These rules apply to charter flights of 30 seats or less.
Initial plans for SkyWest’s charter service have it serving up to 25 locations with a fleet of 18 Bombardier CJR-200s.
“Some airlines use the public charter loophole to cut costs by skirting lifesaving safety rules, but if they run similar operations as commercial scheduled airlines, then they are not operating as charter, and that’s an issue,” Air Line Pilots Association President Jason Ambrosi said in a statement.
Conversely, statements from SkyWest to St. George News in the wake of the FAA’s announcement were positive as the agency could ultimately approve the company’s charter application.
“The FAA’s notice provides a pathway for (U.S. Department of Transportation) to approve (SkyWest Charter’s) existing application, separate and apart from any FAA rulemaking process,” SkyWest said in a statement.
Who would the SkyWest Charter serve?
Unlike SkyWest Airlines, which partners with United, Delta, American and Alaska airlines for flights across the United States, SkyWest Charter targets smaller locations and will primarily fly out of Denver, Colorado, with a handful of locations out of Chicago, Illinois.
Some of these locations are served through the federally subsidized Essential Air Service program and are considered a lifeline for small communities.
Last year United Airlines told SkyWest it was cutting service to several locations due to ongoing pilot staffing issues. In some cases, the U.S. Department of Transportation ordered SkyWest to continue air service until a replacement carrier could be found. According to the American Journal of Transportation, SkyWest has dropped service to 13 locations since January 2022, with an additional 18 locations still at risk.
Pilot shortage
The creation of SkyWest Charter is considered a way to continue air service to small and undeserved communities that may otherwise lose that connection due to the pilot shortage, according to SkyWest.
Despite the pilot shortage, SkyWest officials said the company is “uniquely positioned to continue to attract and retain exceptional pilots and our unmatched quality of life and recent pay increases have helped to stabilize Captain attrition.”
However, the shortage of pilots, particularly captain-ranked ones, remains an industry-wide issue and will likely remain so for a few more years, the SkyWest statement reads.
“Across our entities, we are focused on continuing to elevate safety and reliability for small community service as we address this industry-wide challenge,” SkyWest said.
Several smaller cities served by SkyWest support the company’s plan. In a typical one in Salina, Kansas, Mayor Michael Hoppock wrote that SkyWest’s charter operation “represents the best opportunity to maintain the level of service our airport requires and deserves.”
United Airlines has also expressed support for SkyWest’s application, according to the American Journal of Transportation.
Rules and regulations and questions of safety
Federal rules governing charter flight operations are less stringent than those governing regular commercial airlines. Airline labor groups like Air Line Pilots Association argue the current charter flight rules allow some airlines to skirt around safety issues.
This would be done by not requiring 1,500 hours of experience for first officers, not requiring mandatory retirement for pilots when they turn 65, not being as stringent concerning rest rules for pilots, not requiring a safety risk management system and potentially allowing passengers to sidestep Transportation Security Administration screenings.
“ALPA would urge the DOT to undertake systemic reform to meet the air-service needs of small and rural communities,” Ambrosi said in a letter to the USDOT. “Our union stands ready to work with you and all aviation stakeholders to ensure all Americans—including those living or doing business in small and rural communities—can count on safe, reliable air service.”
SkyWest officials say its charter service “already exceeds safety requirements” and will adopt any additional measures the FAA may require.
“Once approved, SWC would be able to provide safe, reliable service to underserved airports,” SkyWest said in its statement to St. George News.
“SWC’s safety commitments exceed any other operator in the space: SWC has launched on-demand charter operations with dual captains on our flight decks and is committed to using pilots with an Air Transport Pilot (ATP) certificate in both seats. This is a commitment that no other (charter) carrier has made. Additionally, SWC will utilize active flight dispatching, traditional TSA security checkpoints, FAR Part 117 Rest Rules, Safety Management Systems, and Advanced Qualification Program (AQP) Training. With these programs, SWC has more layers of safety than any other (charter) operator, and even surpasses some (commercial) carriers.”
The Associated Press contributed to this story.
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