DOT Grants Final Approval
After years of review and regulatory hurdles, the Department of Transportation (DOT) has finally approved SkyWest Charter, LLC’s (SWC) application to operate scheduled passenger flights as a commuter air carrier.
In its Final Order, issued August 29, 2025, the DOT concluded that SWC is fit, willing, and able to provide commuter air service.
This decision concluded a contentious proceeding that at times, functioned as a proxy battleground for broader policy debates within the aviation industry over the use of 14 CFR Parts 135 and 380 instead of Part 121.
Background: SkyWest Charter’s Operating Authority
SWC, an affiliate of SkyWest Airlines, Inc. (SkyWest), is authorized under 14 CFR Part 135 for commuter and on-demand service.
Under current air taxi rules, however, SWC is limited to fewer than five weekly flights on any given route.
To expand its operations, SWC applied for commuter air carrier authority under Part 298 in July 2022. The company sought approval to conduct public charter flights as a direct air carrier using 30-seat CRJ-200 aircraft under its existing Part 135 authority — but without the restriction on service frequency.Earlier this year, the Department issued Order 2025-2-10 on February 13, 2025, tentatively finding SWC fit, willing, and able to provide scheduled passenger operations as a commuter air carrier, subject to set conditions.
Support and Opposition
Over the years, regional airports, rural communities, and members of Congress have strongly supported SWC’s proposal, viewing its expanded operations as essential to preserving regional air service.
For example, Senator Steve Daines (Montana) submitted multiple letters urging the Department to expedite the review of the application.
- The Regional Airline Association emphasized that SWC’s proposal reflects an established business model already operating in U.S. markets, and therefore argued that the DOT must apply its regulations consistently.
The application has also drawn vigorous opposition from labor unions, who argue that SWC’s expansion is a thinly veiled attempt to circumvent more stringent FAA safety measures required under Part 121.:
- The Air Line Pilots Association (ALPA) described SWC’s business model as “subterfuge to avoid the safety-critical First Officer Qualification (‘FOQ’),” raising concerns over safety and regulatory oversight.
The Professional Aviation Safety Specialists (PASS) claimed the FAA lacks the staffing capacity to effectively oversee what it deemed a “novel” approach, arguing that FAA guidance for this type of operation has not yet been developed.
DOT’s Response and Findings
The DOT’s Final Order addressed each of these objections. While recognizing the seriousness of the concerns presented, the DOT emphasized its statutory mandate: to determine an applicant’s overall fitness — not the soundness of its business model or the competitive implications of its operations.
Consistent with established precedent, the DOT’s evaluation focused on four key factors:
- Managerial Competency
- Financial Condition
- Compliance History
- Citizenship
The DOT concluded that SWC satisfied each requirement by submitting substantial disclosures regarding its financial stability, management, and regulatory compliance.
Safety and Oversight Commitments
Regarding safety and oversight, the DOT highlighted SWC’s voluntary commitments to exceed the minimum safety standards of Part 135, including:
- Staffing flights with two ATP-certified captains
- Employing active flight dispatching
- Adhering to FAR 117 crew rest requirements
- Implementing Safety Management Systems and Advanced Qualification Program (AQP) training
- Operating only at airports with TSA security screening
To ensure further accountability, the DOT will require SWC to submit a progress report in its first year of operations documenting the implementation of these measures.
The Final Order also confirmed that oversight will be handled by the FAA’s Allegheny Flight Standards District Office, through a dedicated Certificate Management Unit with inspectors assigned exclusively to SWC.
No Evidence of Increased Risk
Beyond SWC’s voluntary safety measures, the DOT observed that no comments opposing the application provided any empirical evidence demonstrating that Part 135 public charter operations using 30 seats or fewer present heightened safety risks.
Statutory Standard and Final Determination
The DOT reaffirmed the statutory standard under 49 U.S.C. § 41738 and Part 298. Commuter air service will be approved if the Secretary determines that the applicant is fit, willing, and able to perform the service, and that its aircraft, personnel, and operations comply with FAA requirements.
The DOT relies on FAA’s technical expertise to identify whether an air carrier is safe and maintains the appropriate authorities. It stressed that:
- SWC holds a Part 135 certificate from the FAA
- The FAA framework authorizes these operations under Part 135
- The FAA framework authorizes these operations under Part 135, and the FAA reported no safety concerns with the SWC’s application.
Conclusion
While the DOT reviewed the record with caution, the Final Order made clear that the Department will not be pressured into addressing issues beyond its regulatory purview.