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Under what circumstances may an airport assess a per-passenger excise fee?
An airport may assess a per-passenger excise fee when there is the sale of goods or services or when there is the use of airport facilities.
What did the DOT intend to do when it authorized congestion pricing at airports?
DOT authorized congestion pricing, which would see airports charge higher fees, especially during peak hours. DOT’s intention was to see a reduction of peak-hour congestion, which was witnessed in airports. The department’s assumption was that airlines would avoid the higher fees by spreading arrivals and departures throughout the day, and thus, peak-hour congestion would be reduced significantly.
To which court may a party appeal if it is unhappy with an administrative ruling of the FAA? What standard of review will apply?
In the case of a dispute between the FAA and another party, a neutral hearing officer has the responsibility of issuing a decision. However, appealing of such a ruling is to the Circuit Court of Appeals for the District of Columbia. The standard of review that will apply is whether either of the parties is in violation of the grant assurances.
Why was the restriction on aircraft categories impermissible in the City of Santa Monica v. FAA, which the total ban on passenger operations was deemed to be acceptable in Arapahoe Counter Public Airport Authority v. Centennial Express?
The City of Santa Monica prohibited aircraft of categories C and D from landing at the municipal airport although the enforcement of this was impermissible because it would be in violation of the City’s obligation of making the airport available to all types, classes, and kinds of aeronautical use without unjust discrimination and on fair and reasonable terms.
On the other hand, the total ban on passenger operations in Arapahoe Counter Public Airport Authority was deemed acceptable as it was necessary for the airport’s safe operation. This was because the airport lacked baggage systems, terminals, as well as passenger security that were fundamental to safe operations.
What are the benefits to both the FAA in awarding block grants to states?
The block grant program gives states control in the grant process as they are responsible for the allocation of the grant funds to airports. Besides, through the block grant program, states ensure that airports that receive the grant funds are in compliance with grant assurances, a responsibility of the FAA. Thus, the program benefits the FAA as its role mentioned is delegated to states.