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ACI-NA applauds Court decision allowing airports to protect passengers from congestion

Direct News Source

13-Jul-2010 A federal court in Washington on Tuesday upheld the right of airports to protect passengers from inconvenient flight delays.

In rejecting the claims of the Air Transport Association, the United States Court of Appeals for the District of Columbia agreed with Airports Council International-North America (ACI-NA) and the Department of Transportation (DOT), upholding federal regulations that govern airport landing fees. DOT issued the changes in July 2008, in response to airline over scheduling and significant passenger delays and inconvenience. The amendments permit airport operators to adjust their landing fees as one tool to help encourage airlines to more realistically schedule flights during congested travel times.

ACI-NA President Greg Principato noted that "we are pleased that the opening paragraph of the court's opinion recognized ACI-NA's critical role, noting that 'Airports Council International (ACI), which represents governmental bodies that own and operate major airports in the U.S., including 36 of the 37 airports the DOT deems "currently congested," has intervened in support of the DOT.' "

"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.