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Air carriers conducting flights as public charter operators must implement stricter screening requirements for their passengers, a development that affects small, regional operators and airports.
The Transportation Security Administration (TSA) has revised its Twelve-Five Standard Security Program to require carriers flying as public charter operators (PCO) to implement an agency-approved screening protocol comparable to that required of airlines at commercial airports. The Twelve-Five program applies to FAA Part 135-certificated carriers offering public charter flights using aircraft weighing from 12,500 lb. to 100,310 lb.
“TSA is aware of an increase in the number of airlines operating public charter flights between locations without a requirement for TSA-approved screening,” the agency said Jan. 17 in response to an inquiry. “TSA issued a new requirement that all PCO operators screen passengers in accordance with the Persons and Accessible Property screening requirements when they are conducting public charter operations.”
Issued quietly, the new requirement follows a controversy that erupted in 2022 when SkyWest Charter, an affiliate of SkyWest Airlines, applied to conduct scheduled passenger operations as a Part 135 carrier using 30-seat Bombardier CRJ-200s under the U.S. Transportation Department’s (DOT) Part 380 public charter rule.
Associations representing the airline industry called on the FAA and DOT to reject the application, arguing that it would allow SkyWest Charter to skirt the stricter safety standards required of Part 121 airlines.
Scheduled commuter operations under Part 135 are allowed for aircraft carrying up to nine passengers. With DOT Part 380 authorization, Part 135 operators of aircraft seating 10 or more passengers can conduct charter flights for which brokers sell tickets in advance.
The controversy trained a light on fast-growing Part 135 carriers like JSX, which provides public charter flights using 30-seat Embraer ERJ135/145 regional jets. Public charters on JSX aircraft are sold by JetSuite X as the charter operator and Delux Public Charter LLC, doing business as JSX, as the direct air carrier subject to Part 380.
Part 135 carriers face stricter requirements from both the FAA, which has regulatory oversight of safety, and the TSA, which regulates security. In April 2024, the FAA released a final regulation that requires Part 135 carriers and Part 91 air-tour operators to implement safety management systems, which have been required of airlines since 2018.
The FAA is also drafting a new “135 Plus” regulation that would subject Part 135 operators of 10-to-30-seat aircraft to the same safety requirements of airlines when they conduct scheduled flights as PCOs.
Officials representing business aviation have said they expect changes to the TSA’s Twelve-Five program will involve passenger and bag searches and possibly biometric screening at smaller, general aviation airports that previously have not had that level of security. The changes also could require fixed-base operators (FBO) to create sterile areas where security screening takes place.
Prior to mandating the Persons and Accessible Property screening protocol, the TSA said it conducted a security risk assessment of affected operations, existing security measures, and other relevant details.
“To accommodate the new requirement, TSA worked collaboratively with the impacted operators and is providing them an implementation timeline to train staff, procure equipment, and engage affected airports on any new requirements for flights,” the agency said.
The National Air Transportation Association (NATA), in an update to its membership of Part 135 operators, FBOs and other aviation businesses, said it is reviewing changes to the Twelve-Five program and communicating with affected operators.
“NATA cannot publicize our internal analysis because these policy changes are classified as Sensitive Security Information,” the association said. “However, we encourage FBOs and airports that support or offer public charter services to discuss potential operational adjustments with the public charter operator.”
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