Denver-based Key Lime Air (KG, Denver Centennial) opposes plans by SkyWest Charter (CW) to operate scheduled Essential Air Services (EAS) as Part 380 public charters, arguing the SkyWest Airlines' Part 135 subsidiary is turning federal aviation codes "on its head".
"SkyWest Charter asserts that because they are flying under Part 380 [public charter], they are not a scheduled operation even though they have a schedule. But this turns 14 CFR § 110.2 on its head. [Code of Federal Regulation] 14 CFR § 110.2 states that a scheduled operation does not include public charter. That doesn't mean an airline can run scheduled air transportation and use Part 380 status as a shield against being bound by the higher safety, rest, training, and experience requirements of 14 CFR part 121," Key Lime Air Chief Executive Officer Cliff Honeycutt said in a letter to the US Department of Transportation (DOT).
He also points out that Regulation 49 USC § 41732 governing basic Essential Air Service pertains to "scheduled air transportation of passengers and cargo". "Thus, SkyWest Charter cannot provide scheduled air transportation under Part 380, as above, it also cannot provide scheduled Essential Air Service air transportation under Part 380."
Honeycutt rejects as "misplaced" SkyWest's assertion that their request should be granted to preserve service to small communities. "If a community cannot support scheduled Essential Air Service under Part 121 [scheduled service], it can seek funding under the Alternate Essential Air Service programme of 49 USC § 41745. Alternate Essential Air Service enables a community to obtain service that does not meet the EAS guidelines, such as service with smaller aircraft, an on-demand air taxi service, or ground transportation. Because Congress has already provided a programme for the situation that SkyWest cites as requiring attention, such programme should be fully utilized before exceptions to the law are granted," he argues.
He asserts that SkyWest Charter's proposed EAS operations did not comply with the higher safety requirements of Part 121 operations but fit within the requirements for Alternate Essential Air Services.
Honeycutt's comments relate to SkyWest's plans to shift its EAS operations to its new charter subsidiary operating with reconfigured 30-seater CRJ200s. It's the regional carrier's solution to an industry-wide pilot shortage, as Skywest Charter can circumvent a 1,500 flight hour rule for an airline pilot certificate/first officer qualification.
SkyWest's plans are also being opposed by American Airlines (AA, Dallas/Fort Worth) and the powerful Air Line Pilots Association, International (ALPA), which argue it would reverse US regulations on safety and security.
