Aviation congestion and delay is an issue of long standing. Statistically, there was a significant increase in congestion and delay throughout the national aviation system in 2007. The situation has been especially noticeable at certain key airports, namely the New York region in general and John F. Kennedy International Airport (JFK) in particular. The Department of Transportation (DOT) and its operating agency, the Federal Aviation Administration (FAA), have promised to take actions aimed at reducing congestion and delay both in the short and long terms. In the short term, DOT is proposing to address the JFK situation through administrative and economic measures that would likely restrict or otherwise provide for the allocation of flights into the airport during specific periods of time. In addition to the proposals likely to be made by DOT, there are other potential near-term fixes that can be considered to add system-wide capacity to the aviation system. These include, but are not limited to: airspace redesign, use of military airspace, and airspace flow control. Over the longer term the FAA is primarily relying on modernization of the air traffic control system through the Next Generation Air Transportation System (NGATS or NextGen) and the creation of new airport infrastructure to provide major reductions in aviation congestion and delay. Congress has taken a particular interest in this issue as these growing concerns over airline service have paralleled ongoing legislative action to reauthorize the activities of the FAA and the revenue mechanisms for funding the operations of the national airspace system. The Bush Administration, and especially Secretary of Transportation Peters, favor market mechanisms for infrastructure development and maintenance in all transportation modes. It was, therefore, not a surprise that the Administration made a review of congestion pricing part of its proposal for FAA reauthorization in early 2007, H.R. The FAA proposal seeks to establish a pilot program to evaluate market-based mechanisms to relieve congestion at up to 16 airports (including LGA, which was the subject of a separate provision). The FAA proposal was not adopted in either the House ( H.R. 2881 ) or Senate ( S. 1300 ) reauthorization bills still under consideration at the end of 2007. 1356 / S. 1076 ). Neither the FAA nor the DOT have, to date, attempted to develop and impose a congestion pricing scheme on the local authorities. In the event that FAA should decide to make such an attempt, it appears that there are several legal issues that may arise.
Aviation congestion and delay is an issue of long standing. Statistically, there was a significant increase in congestion and delay throughout the national aviation system in 2007. The situation has been especially noticeable at certain key airports, namely the New York region in general and John F. Kennedy International Airport (JFK) in particular. The Department of Transportation (DOT) and its operating agency, the Federal Aviation Administration (FAA), have promised to take actions aimed at reducing congestion and delay both in the short and long terms. In the short term, DOT is proposing to address the JFK situation through administrative and economic measures that would likely restrict or otherwise provide for the allocation of flights into the airport during specific periods of time.
In addition to the proposals likely to be made by DOT, there are other potential near-term fixes that can be considered to add system-wide capacity to the aviation system. These include, but are not limited to: airspace redesign, use of military airspace, and airspace flow control. Over the longer term the FAA is primarily relying on modernization of the air traffic control system through the Next Generation Air Transportation System (NGATS or NextGen) and the creation of new airport infrastructure to provide major reductions in aviation congestion and delay, although a recent FAA capacity needs study has concluded that these enhancements are needed immediately, especially in the New York region.
Congress has taken an interest in this issue as growing concerns over airline service have paralleled ongoing legislative action to reauthorize the activities of the FAA and the revenue mechanisms for funding the operations of the national airspace system. The Bush Administration, and especially Secretary of Transportation Peters, favor examining market mechanisms as a means to pay for infrastructure operations, maintenance, and development in all transportation modes. When the Administration submitted its proposals for FAA reauthorization in early 2007 (H.R. 1356/S. 1076), it included a pilot program to evaluate market-based mechanisms to relieve congestion at up to 16 airports. The FAA proposal was not adopted in either the House (H.R. 2881) or Senate (S. 1300) reauthorization bills still under consideration at the end of 2007, but the House bill contains provisions intended to help the FAA deal with congestion problems at specific airports.
Regulation of the national air transportation system is legally the domain of the federal government. The operation and ownership of airports, however, is provided primarily by regional, state and local entities. Neither the FAA nor the DOT have, to date, attempted to develop and impose a congestion pricing scheme on the local authorities. In the event that FAA should decide to make such an attempt, it appears that there are several legal issues that may arise. This report will be updated as warranted by DOT and congressional actions.