ACI-NA filed a post-hearing amicus brief on April 17, 2005, with the DOT on behalf of the Port Authority of New York and New Jersey in an expedited rates and charges proceeding filed in February 2005.

In that case, 12 foreign air carriers and one U.S. carrier (Brendan Airways, LLP, d/b/a/ USA3000 Airlines) complained to DOT that increases in a terminal charge and the Federal Inspection Service Fee for terminal B-2/B-3 at Newark Liberty International Airport were unreasonable, in violation of 49 U.S.C. Sec. 47129(a).

ACI-NA argued in its amicus brief that the complaining carriers failed to establish that the Port Authority’s methodologies for allocating expenses are unreasonable; that DOT’s Instituting Order in this case precludes the administrative law judge from considering the adequacy of airport-carrier consultations; and that the fees for terminals B2/B3 are not unjustly discriminatory.

ACI-NA’s brief was written by Arthur Berg and Tom Devine of ACI-NA associate member Palmer & Dodge, and edited by legal committee steering group members and ACI-NA General Counsel Patty Hahn.

FMI: www.aci-na.org