RowUnderDCA
Veteran
- Oct 6, 2002
- 2,123
- 1
Yes, folks, believe it or not, Rowunder is actually going to post information, instead of speculation.
I finally came across this bit of information regarding the so-called perimeter at LGA. I present this link to provide some idea about the position of the Federal government.Â
This link:
http://www.usdoj.gov/osg/briefs/1987/sg870171.txt
is a copy of the US gov's amicus brief to the US Supreme Court in a case brought be Delta against the Port Authority regarding the perimeter 'rule.'
It provides a history of the rule and some case law.Â
Highlights:
"Since the 1950's, the Port Authority has had a "perimeter rule" in effect at LaGuardia, the smallest of the three airports. Until 1984, the perimeter rule was informal and prohibited non-stop flights into or out of LaGuardia to or from points more than 2,000 miles from the airport. In 1984, following a study, the Port Authority instituted a formal 1,500-mile perimeter rule but "grandfathered" service to Denver, which is more than 1,600 miles from LaGuardia. Pet. App. 2a, 14a."
Of course Delta (probably, originally, Western) objected to the Port Authority denying them access from SLC. Delta cited the Deregulation Act that prohibits local governments from enforcing a rule "relating to the rates, routes, or services of any air carrier."Â
The lower courts cited the 'proprietary exception' to this provision of the Deregulation Act (and, I think, the Supremacy Clause of the Constitution.) because the Port Authority's action was a reasonable proprietary act to manage congestion in its multi-airport system.
The Fed's agree that this very specific application of a perimeter rule in a multi-airport system is within the proprietary exception and therefore lawful. But the Feds are pretty narrow in their support. Note, the following:
"Both lower courts correctly concluded that the Port Authority, as the proprietor of three major airports serving one metropolitan area, is not preempted from imposing a perimeter rule at one of its airports."
"Reasonable steps taken to relieve congestion are therefore with[in] the scope of the powers preserved by Section 1305(B)(1). In a multiple-airport context, imposing restrictions that reduce congestion at a busy airport in order to encourage use of a less crowded airport may be a reasonable way to relieve congestion. When the FAA operated National and Dulles airports, it imposed a 1,000-mile perimeter rule at National to minimize congestion there and to stimulate growth at Dulles, and justified its rule as an exercise of its proprietary powers. The FAA stated that it had "long recognized that an airport proprietor with control of two or more airports serving the same area can take reasonable actions to determine the nature of service provided at one airport so long as the proprietor's other airports remains available to accomodate fully the other types of operations." 46 Fed. Reg. 36076 (1981). /4/"
I think you can assume that the Feds would not consider "unreasonable" action to relieve congestion as within the proprietary exception. However, I do not know if the issue of "no Saturday perimeter limits" have been discussed or adjudicated.Â
However, common sense might suggest that where there is a clear category of time (weekend day) that clearly experiences less congestion, then the perimeter can be lifted. Getting much 'cuter' than that might run afoul of the 'proprietary exception' making 'picking and choosing' illegal.Â
For those that are interested.
I finally came across this bit of information regarding the so-called perimeter at LGA. I present this link to provide some idea about the position of the Federal government.Â
This link:
http://www.usdoj.gov/osg/briefs/1987/sg870171.txt
is a copy of the US gov's amicus brief to the US Supreme Court in a case brought be Delta against the Port Authority regarding the perimeter 'rule.'
It provides a history of the rule and some case law.Â
Highlights:
"Since the 1950's, the Port Authority has had a "perimeter rule" in effect at LaGuardia, the smallest of the three airports. Until 1984, the perimeter rule was informal and prohibited non-stop flights into or out of LaGuardia to or from points more than 2,000 miles from the airport. In 1984, following a study, the Port Authority instituted a formal 1,500-mile perimeter rule but "grandfathered" service to Denver, which is more than 1,600 miles from LaGuardia. Pet. App. 2a, 14a."
Of course Delta (probably, originally, Western) objected to the Port Authority denying them access from SLC. Delta cited the Deregulation Act that prohibits local governments from enforcing a rule "relating to the rates, routes, or services of any air carrier."Â
The lower courts cited the 'proprietary exception' to this provision of the Deregulation Act (and, I think, the Supremacy Clause of the Constitution.) because the Port Authority's action was a reasonable proprietary act to manage congestion in its multi-airport system.
The Fed's agree that this very specific application of a perimeter rule in a multi-airport system is within the proprietary exception and therefore lawful. But the Feds are pretty narrow in their support. Note, the following:
"Both lower courts correctly concluded that the Port Authority, as the proprietor of three major airports serving one metropolitan area, is not preempted from imposing a perimeter rule at one of its airports."
"Reasonable steps taken to relieve congestion are therefore with[in] the scope of the powers preserved by Section 1305(B)(1). In a multiple-airport context, imposing restrictions that reduce congestion at a busy airport in order to encourage use of a less crowded airport may be a reasonable way to relieve congestion. When the FAA operated National and Dulles airports, it imposed a 1,000-mile perimeter rule at National to minimize congestion there and to stimulate growth at Dulles, and justified its rule as an exercise of its proprietary powers. The FAA stated that it had "long recognized that an airport proprietor with control of two or more airports serving the same area can take reasonable actions to determine the nature of service provided at one airport so long as the proprietor's other airports remains available to accomodate fully the other types of operations." 46 Fed. Reg. 36076 (1981). /4/"
I think you can assume that the Feds would not consider "unreasonable" action to relieve congestion as within the proprietary exception. However, I do not know if the issue of "no Saturday perimeter limits" have been discussed or adjudicated.Â
However, common sense might suggest that where there is a clear category of time (weekend day) that clearly experiences less congestion, then the perimeter can be lifted. Getting much 'cuter' than that might run afoul of the 'proprietary exception' making 'picking and choosing' illegal.Â
For those that are interested.
