Policy Brief No. 66

Co n g e s t i o n Pr i c i n g a t Ne w Yo r k Ai r p o r t s : Ri g h t Id e a , Bu t Ca n We Re a l l y St a r t He r e a n d No w ?

by Michael E. Levine Project Director: Robert W. Poole, Jr.

irline deregulation is one of the most successful introduce congestion charges at New York’s LaGuardia Apolicy changes in the last 50 years. It has trans- and Kennedy airports. formed flying from a luxury to an accessible necessity, On the face of it, this is a great idea. As far back bringing families and the country together, fostering as 1969, it was recognized that the right remedy for economic growth, and giving ordinary people access airport congestion was to abandon the idea of airport to a wealth of experiences previously reserved for the landing fees based on aircraft weight, rather than on the economic cost of imposing delays on other airport upper middle class. In fact, one can say that in some users. Allowing airport charges that reflect the scarcity ways it has been too successful, because it has pre- of the chosen landing or takeoff time would force all sented the federal and local governments with chal- operators, airline and general aviation alike, to con- lenges that they so far have failed to meet. Congestion, sider whether they value use of the runway at that time caused by demand far in excess of airport capacity, enough to pay for the costs they impose on others. The and the constraints of a strait-jacket air traffic control principle should be the same for air traffic control. system, has put a heavy tax on the convenience and Congestion in the terminal area calls out for a system utility of air travel. Late planes, long waits for takeoff, of charges that makes the aircraft operator ask “How in-air holds for landing, and long taxi-in delays have much do I value this trip at this time? Would saving made air travel an ordeal for many and wasted huge money by rescheduling it make sense? Is this trip neces- sums of money for airlines. sary?” Collecting congestion charges would both assign Nowhere have the problems been worse than in existing capacity to use by those who value it most and New York, where congestion has reached alarming and signal that more capacity was needed-- valuing capacity prodigiously wasteful levels at Kennedy and LaGuardia, expansion and funding it. and is scarcely better at Newark. Spurred on by these Virtually all economists who have studied conges- developments, the prospect of their being duplicated tion, whether in the air or on the ground, believe in elsewhere and the demand that it “do something” about this principle. Theatres, movie exhibitors, hoteliers, them, the Department of Transportation is proposing to restaurants, parking lots, and many other businesses

Reason Foundation • www. reason.org implement peak/offpeak pricing (a form of congestion charges) every day. Much opposition to a regime of congestion charges at airports comes from people who don’t understand the economics or who have decided that they are prepared to accept some delay for their flights while imposing large amounts of delay on the totality of other users. As a very early and continuing proponent of con- gestion pricing at airports, I might be expected to enthusiastically support the DOT’s proposal. It pains me that I cannot. Under the particular conditions of New York, there are reasons to be very concerned that interpreted our obligations under international bilat- the proposed project will not just fail and do economic eral aviation agreements as requiring them to exempt damage, but will develop a political constituency that foreign carriers from congestion-relieving airport would make it very hard to undo. The reasons for measures that might impede foreign carrier exercise of thinking so are institutions and legislation already in their bilateral rights at particular airports, even if the place (discussed below) that don’t make sense econom- regulations apply non-discriminatorily to U.S. carri- ically but, in concert with the proposal, will create even ers. Finally, political and congressional advocates for more perverse incentives. These incentives could make general aviation and for service to smaller communi- the congestion problem worse, not better. In the pro- ties have carved out exceptions to previous congestion- cess, the concept of airport congestion pricing could be limiting measures, designed to mitigate their impact discredited as a way to promote economic efficiency. on those constituencies and concentrate the impact on Instead, such prices would become just another tax- other U.S. airlines. -an inefficient source of politically useful funds. Does this mean that airport congestion pricing is a We need to fix the impediments to successful con- bad idea? Not at all. It’s an excellent idea. But to make gestion charges that exist at important airports around congestion pricing work in a way that promotes rather the country, and particularly at airports with extensive than impedes economic efficiency, several key prob- aircraft operations by foreign airlines and general avia- lems must be addressed. tion, before we implement congestion charges. If we can do so successfully, no one will cheer more loudly 1. There must be no exemptions. than I. But I am worried that we won’t, but will go Exemptions for foreign carriers to accommodate ahead with pricing anyway. bilateral concerns, or for general aviation aircraft, or Legislated public monopolies control all air-carrier for service to small communities will be both inefficient airports (or, in cases like New York, all such airports and discriminatory. There is no reason to believe that capable of supporting long-haul operations) in the the exempted operations value the use of the runway most important metropolitan markets in the country. more than those who are charged, so exempting them While in most places the effects of these city creates economic inefficiency. There is no reason to departments or public authorities are constrained by believe that if the exempted users are free to increase legislation and regulations that limit charges and the aircraft operations while those who are charged reduce uses to which airport revenues can be put, that is not theirs, that this backfilling by those exempted won’t universally the case. An important handful of these recreate congestion, thus further raising the conges- monopolies--including the Port Authority of New York tion prices to U.S. airlines. This would create a vicious and New Jersey, along with Boston, Chicago, Seattle, cycle until the final degenerate equilibrium is reached San Francisco, Oakland and others—have “grandfa- when U.S. airline operations, most of which are at least thered” exemptions from many of those restrictions. as valuable if not more valuable than those exempted, In addition, the FAA and the Department of State have have been minimized, not optimized, and replaced by

Congesting Pricing at New York Airports 2 Reason Foundation • www.reason.org These changes would be very difficult to make – they would involve the drastic modification of the statutory (grandfathered) exemptions that allow operators of airports in New York, Boston, Seattle-Tacoma, Port- land, San Francisco, Oakland, and several other met- ropolitan markets to divert airport revenue for non- aviation uses.

3. Create a congestion-charge fund for capacity expansion. To ensure that the result of congestion pricing is less valuable uses. As well as being a great waste of to expand, not restrict, capacity, it will be necessary to scarce and valuable airport capacity, the discrimina- create a congestion charge fund that can be used only tion against U.S. airlines would be obvious and should to relieve airport congestion by expanding runway be unacceptable. capacity. This would prevent the airport operator where pricing is employed from using the new money 2. Airport monopolies must be addressed. for rental car complexes, terminal amenities that are Most metropolitan areas have only one opera- on-airport but don’t increase aircraft acceptance rates, tor for all of their air-carrier airports, thus creating a airport access projects that are off-airport, as well as monopoly even if there is more than one such airport; non-airport rapid transit projects that are currently the New York metro area is a case in point. The most permitted uses of airport-generated funds at grandfa- conspicuous exception is San Francisco/Oakland/San thered airports like Kennedy and LaGuardia. To create Jose, where inter-airport competition has contributed competition where there is now monopoly, it would be greatly to cost control and efficiency. Where there preferable if airports in different metropolitan areas is an airport monopoly and the monopolist benefits where congestion charges were imposed could compete financially from congestion charges, there is a financial for money from the new fund by expanding capacity. incentive to maintain congestion, especially if runway Such legislation would be unpopular, but is necessary capacity expansion is politically unpopular. to avoid turning airport congestion into a “cash cow” Ideally, one would break up those monopolies in for cities and public authorities. Off-airport expendi- metropolitan areas with more than one airport. But tures that make capacity expansion possible, such as this is almost inconceivable. Since the monopolies have soundproofing homes or even to support schools and proved virtually impossible to regulate from the out- playgrounds would be permissible, but any off-airport side from both a political and monitoring standpoint, expenditures would have to be linked directly to air- a mechanism must be found to link funds raised from craft acceptance capacity expansion. congestion charges to expanding runway capacity or If we can’t address these key points, in my view to providing substitutes that some identified users will the rest of the economic policy arguments for conges- choose. It cannot be emphasized enough that with- tion pricing become moot, and we shouldn’t proceed out such a mechanism, the incentives for most airport for now. If runway congestion revenues can be used operators are all wrong, including incentives to encour- for other “worthwhile” and politically-popular public age environmental objections, restrict output and expenditures unrelated to relieving the limitations create scarcity, thereby gaining revenue and reducing that generate them, then they are not “user charges,” costs at the expense of the traveling public and the don’t reflect congestion costs, and don’t promote economy. economic efficiency. Congestion charges would just To accomplish the goal of no exemptions and become another economically inefficient output-dis- especially to remove monopoly incentives, legisla- torting excise tax of a kind that economists universally tive changes are necessary before pricing is adopted. deplore.

Reason Foundation • www.reason.org 3 Congesting Pricing at New York Airports Some economists might object that even if capacity academic, and a government official. He has served as can’t be expanded, congestion charges will direct valu- a senior executive at Continental and Northwest and able and limited capacity to its highest-valued use and was CEO of New York Air, guiding that post-deregula- improve social welfare. In an ideal world, this would be tion airline to its first profit. Levine has held academic true. Under real-world political and economic condi- chairs at Caltech, USC and Yale, where he was also tions, it is not. Incentive problems from monopoly Dean of the School of Management . As a government and the exemption from pricing of users like foreign official, Levine was instrumental in bringing about carriers, general aviation, and services to small com- airline deregulation. In 1978 and 1979, he served as munities are so serious that it is virtually certain that a General Director, International and Domestic Aviation, pricing system with such exemptions would not in fact (the senior staff position) at the U.S. Civil Aeronautics maximize the economic value of airport use. Board and devised many of the mechanisms and prac- Beyond even those concerns, perhaps a much tices used to deregulate the industry. greater real-world danger is that creating a pile of money that can be expanded by increasing scarcity and EASON FOUNDATION’s be diverted to other uses will create vested interests mission is to advance a free in maintaining congestion, so as to fund projects that R society by developing, applying, and have constituencies and which cannot politically sur- promoting libertarian principles, vive direct and transparent requests for funding. These interests will make it almost impossible to reverse the including individual liberty, free policy if it proves to be a mistake. markets, and the rule of law. We Perhaps the greatest concern of all is that in impos- use journalism and public policy ing congestion pricing at Kennedy and La Guardia research to influence the frameworks and actions without addressing the points above, the perverse incen- of policymakers, journalists, and opinion leaders. tives and results that are economically and politically For more information on Reason Foundation distorted will discredit the concept of congestion pricing and our transportation research, please contact the in aviation and in many other valuable uses. It will have appropriate Reason staff member: been “tried” and will have “failed”, a “fact” that will be thrown in proponents’ faces whenever and wherever it is Transportation Planners and Officials proposed under more propitious conditions. Robert Poole Like any tool, congestion pricing works best in the Director of Transportation Studies right circumstances, which in this case means trans- (310) 292-2386 parent and equitable pricing and efficient use of the [email protected] funds generated. Until this can be assured at Kennedy and LaGuardia, congestion pricing will not be effec- Government Officials tive as a congestion-relief measure and may do harm. Meanwhile, the delays aren’t getting any shorter for Mike Flynn American air travelers. Director of Government Affairs (202) 986-0916 [email protected] About the Author Reason’s transportation research and commentary Michael E. Levine is Distinguished Research is available online at www.reason.org/transportation. Scholar and Senior Lecturer at New York University For the latest analysis of transportation news and School of Law. His unusual combination of experi- trends, you can join Reason’s transportation email ences has involved him in the world of air transporta- newsletter by emailing [email protected]. tion and its regulation as a senior airline executive, an

Congesting Pricing at New York Airports 4 Reason Foundation • www.reason.org