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July 19 2010 - Air Transport Association had filed a petition with the United States Court of Appeals For The District Of Columbia Circuit challenging a Department of Transportation rule that allows airports the ability to adjust their landing fees based on an airlines passenger scheduling performance.
The court
heard
The Air Transport
Association (ATA) is
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The Amendments allow an airport to
charge aircraft higher landing fees at peak times, a practice known as
congestion pricing. Air Transport Association of America (ATA), on
behalf of U.S. scheduled airlines, petitioned the court for review,
arguing the Amendments allow airports to charge unreasonable and
discriminatory fees, allow state and local airport authorities to charge
fees that are preempted by federal law, provide inadequate guidance to
airports on how the DOT will evaluate the reasonableness of the fees,
and constitute an unexplained reversal of prior policy. As the primary manager of the Nation?s air transportation system, the DOT determines whether the fees an airport charges its users comply with the various federal statutes requiring that the fees be reasonable. The Secretary of Transportation is required by statute to publish regulations ?establishing ... the standards or guidelines? he will use to evaluate the reasonableness of an airport?s fees. 49 U.S.C.? 47129(b)(2). This case involves a challenge to one set of regulations promulgated under that statute. The Problem of Congestion in the 12 years between the promulgation of the 1996 Policy and of the 2008 Amendments, the number of landings by airlines in the United States increased more than 25%, to 10.3 million from 8.2 million per year. This increase in traffic has led to more frequent and longer delays; in 2007, for instance, ?flight arrivals were delayed by a total of 4.3 million hours.? U.S. Congress Joint Economic Committee, Report, Your Flight Has Been Delayed Again: Flight Delays Cost Passengers, Airlines, and the U.S. Economy Billions 1 (May 22, 2008). |
The causes for
delay range from inclement weather to mechanical problems; this case
involved delays caused by excess demand for airport takeoff and landing
capacity.
Airports Council
International ( ?ACI-NA led the industry effort for more than two years by filing comments in the DOT rulemaking and intervening in support of the rates and charges amendments in the appeal proceeding. This landmark decision strongly upholds the rights of airport proprietors to manage airfield congestion and help prevent delays by modifying landing fees,? Principato said. Principato was pleased that the court recognized the reality of air travel and the challenges airports and DOT face when airlines over schedule during peak travel periods. ?As the airspace is used ever more intensively, it is unsurprising that the department would update its approach to landing fees in an effort to relieve airport congestion. So long as it complies with the applicable statues, its creativity should be welcomed on its merits, not spurned for its novelty,? the court concluded. The court?s decision specifically permits airports to impose a two-part landing fee structure and vary landing fees throughout the day at congested airports. Faced with higher fees, the airlines can shift flights to less traveled hours, change the size of the aircraft flown during peak periods or pay higher fees to fly at the busiest hours. |
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