Will DOT/FAA decide on safety data or ALPA pleading, again?
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The triangle defined by passenger safety-consumer protection-competition is a difficult policy plane and finding the point of equipoise is a challenge for the US DOT and FAA. ALPA recently filed a petition seeking to ban operations under DOT Part 380, an economic/consumer regulation. The Union asserts that the number of flights being flown by a carrier exceeds an acceptable level of safety; its petition is conclusory in its terms and bereft of any serious safety analysis.
The FAA, under the leadership of an Acting Administrator, opened a proceeding to consider the preclusion of not just the airline cited but a number of other operators who have served the public convenience well for decades. Oh, by the way, that history was not marred by any fatalities!!!
Below is a serious report of leading aviation groups opposing the DOT Notice of Intent. Kerry Lynch captures this coalition’s substantive basis for the NOI.
The second section is a facetious petition which replicates the ALPA assertions. The ersatz document is written in a style known as Reductio ad Absurdum.1 Hopefully, its ever so slight exaggeration of their arguments will demonstrate the weakness and speciousness of its attack on Part 380. The measure of the ALPA’s bright line between safe and unsafe operations would, as this synthetic pleading shows, ground the large, safe, successful fractional ownership segment of aviation. Straight line extension of the ALPA unstated line of demarcation would terminate these flights.
Av Groups Warn Part 380 Changes Would Curb Service
Business and general aviation groups stress Part 380 changes are not justified
By KERRY LYNCH • Editor, AIN monthly magazine
October 15, 2023
A move by the FAA to revise Part 380 public charter flight rules, as requested by airlines and the Air Line Pilots Association (ALPA), is NOT JUSTIFIED, COULD CUT SERVICES TO SMALL COMMUNITIES, AND COULD SERVE AS A BARRIER TO NEW ENTRANTS, a coalition of seven aviation groups warned the agency.
Those warnings were a response to AN FAA NOTICE OF INTENT (NOI) released in August, saying the agency was considering a rulemaking to alter the regulatory definitions of “on-demand operation,” “supplemental operation,” and “scheduled operation” under 14 CFR Part 110. The agency said these changes would address “the exception from FAA’s domestic, flag, and supplemental operations regulations for public charter operators.” Such a rulemaking, the FAA added, would push some operators under Part 135 to Part 121.
The NOI comes as certain airlines and ALPA have complained of unfair competition and the use of PART 380 AS A “LOOPHOLE” to skirt the safety requirements of Part 121. Currently, approved Part 135 operations can provide public charter services under the provisions of the U.S. Department of Transportation’s Part 380 economic authority.
In comments to the NOI, the seven aviation organizations—many representing the business and general aviation community—said: “Changes to regulatory definitions could have unintended negative consequences throughout the entire Part 135 community—an established industry segment providing safe and secure transportation options that meet the diverse needs of thousands of communities across the nation.”
They further noted that such changes would be made against the backdrop of “an industry where FOUR MAJOR AIRLINES CONTROL MORE THAN 80 PERCENT OF THE DOMESTIC MARKET,” and said, “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.”
Part 135 carriers have OPERATED PUBLIC CHARTER OPERATIONS SAFELY FOR MORE THAN 45 YEARS, reaching communities that otherwise would not have commercial service, they maintained. “ANY CHANGES TO THE REGULATION SHOULD BE DRIVEN NOT BY THE ECONOMIC INTEREST OF COMPETITORS, BUT BY AN IDENTIFIED SAFETY NEED,” the organizations added. “Indeed, we are unaware of any accident or serious incident involving an operation under Part 135 using the economic authority granted under Part 380 and involving a jet airplane. No accidents. No incidents.”
The organizations also said they fear that such changes could eliminate jobs, as well as hurt competition, carbon emissions reduction, emerging technologies, and innovation.
They noted one of the single biggest differences in the regulations used by Part 121 is the ATP requirement but said, “If the FAA ultimately chooses to IGNORE THE LACK OF VALID SAFETY CONCERNS and promulgate rulemaking to placate the vocal minority of commercially motivated stakeholders, a requirement for all flight crewmembers conducting Part 380 public charter operations to hold type ratings, when available, would close any regulatory gap while minimizing harm to small communities, innovative business models, and competition in general.”
But the organizations also agreed that any such changes should be explored through an aviation rulemaking committee, noting that any preemptive rulemaking could go against the wishes of Congress surrounding small community service.
Signing the comments were the Airline Passenger Experience Association, General Aviation Manufacturers Association, Helicopter Association International, International Flight Services Association, National Air Transportation Association, National Association of State Aviation Officials, and National Business Aviation Association.
BEFORE THE
FEDERAL AVIATION ADMINISTRATION
McLean, VA Annex
1Many have surmised that the Insinga on our logo is the Greek letter ALPHA with which it bears no resemblance. Others have suggested that it is the SIGMA, another letter from the ancient language. It is associated with 7, a QC safety regimen. The image is a stylized #7 as in our goal is that all pilots must receive 7 figure salaries.
Statement in opposition to competitors
I am Captain Ambrosia and after 1,500 hours of contemplation, on behalf of ALPA, we demand that the Administrator immediately revoke the operating authorities, under whatever 14CFR they may be flying, if their TOTAL REVENUE FLIGHT HOURS exceed 25,000. The charts below demonstrate that the P135 and/or Part 91 fractional schedules SHAN’T be safe.2
Proof for this lower limit is that the P121 airlines have had zero fatalities since Congress enacted the 1,500 rule that such correlation need not be backed by causation proof. Enactment of this proposal is in the public interest because the higher standards of P121= SAFER (duh). While the termination of the Part 135/Part 380 and Part91 services may have some economic impact of these AIRLINES, the movement of all of these passengers to REAL AIRLINES will increase P121 financial results and remember the ALPA7 goal (see fn.1)
ALPA adds that its request should include airlines like porter airlines, a Canadian air carrier based in Toronto, operating scheduled service to various destinations in the United States. Its passenger service calls into question its financial stability and thus its safety!!! The foreigner makes our case by stating that I’s heading to 30,000,000 passengers.
Here is its own description of putting passenger convenience over pilot protection, I mean Safety:
The carrier will utilize its only twinjet aircraft type, the new and fuel-efficient Embraer E195-E2, on the routes. Porter said the plane accommodates 132 passengers in an all-economy 2-2 layout, highlighting that “there are no middle seats” on any of its flights. The airline also operates the Dash 8-400 turboprop aircraft in a 2-2 configuration…
According to Porter, the E195-E2 is 65% quieter and 25% more fuel efficient than aircraft developed with previous-generation technology, positioning it as the most environmentally friendly and quietest single-aisle aircraft. Additionally, the plane boasts the lowest fuel consumption per seat and trip among other aircraft that seat 120-150 passengers.
The new route gives travelers more airline choices to get to Toronto from the US. Porter will compete with Air Canada, WestJet, and Lynx Air on the LAX route. According to Michael Christensen, the Chief Operations and Maintenance Officer at Los Angeles World Airports, Toronto is the second most popular Canadian destination from LAX and seventh internationally. It’s terrifying that this Canadian carrier is already 30,000,000 passengers and climbing. It has a 50 airplane fleet and will increase its capacity by more than 50% soon.
Do you need any further proof of this interloper’s lack of fitness than it has Donald J. Carty, a former American Airlines chief executive, as its chairman of the board of directors?
The Secretary and Administrator MUST quickly STRIKE DOWN these Safety Scourges
END OF ALPA PETITION
