Originally Posted by JohnBurke

There was nothing gray about this. The FAA created an exemption to the existing regulations to accommodate certain public charters that were smaller operations that fit the exemption. As those operators have outgrown the exemption and the purpose of the exemption, the FAA is proposing that the various operators move into their appropriate 121 category. These were actors operating under 135 rules with an exemption, who are proposed to be placed under 121 with their peers. Those who are non-scheduled charter operations will continue as supplementals, etc.

This wasn't a gray area. It was simply an exemption which the affected operators have outgrown.