Department Of Transportation Is Breaking The Law With Flights At Washington’s National Airport

In the legislative fight over five-year reauthorization for the FAA, airlines and other interests had a Christmas tree of of wish lists items they worked hard to get. It’s a $105 billion bill that more than doubles subsidies for small community air service, and makes it harder to track private planes belonging to wealthy individuals.

Among many other things, in a victory for Delta over United (which operates a competing hub at Washington Dulles airport) it included 5 new “beyond-perimeter” slot pairs at Washington National airport, that permit flights farther than 1,250 miles. The authors of the bill didn’t just say there could be more flying, and to destinations currently reserved for Dulles airport, they outlined who should get those flights.

The law spelled out that DOT had 60 days to assign the slots with no delay, once the bill was enacted.

  • President Biden signed the legislation on May 16th. That means, by law, FAA should have granted the slots two months later.

  • Five and a half weeks after the bill was signed, DOT began taking requests from airlines for the five slot pairs, and set a deadline of July 8 for them to respond. They allowed comments on those applications until July 17, which was already past the legally allowed 60 days for the agency to act.

It’s now been more than twice as long as congress authorized for DOT to assign these new beyond-perimeter slots, and they still have not done so.

Of course, agencies miss congressionally-mandated deadlines all the time. There’s very little consequence for doing so! The agency could be sued. A court could order them to expedite their process. Otherwise, though, the deadline doesn’t have tremendous teeth to it.

And normally heavily regulated businesses are careful not to publicly criticize their regulator, although recently Delta CEO Ed Bastian publicly ripped into Transportation Secretary Pete Buttigieg for calling out the airline’s performance when it melted down at the end of July.

Delta seems to be getting its way with its continued Aeromexico joint venture, though their regulator said that partnership would not get re-authorized. They aren’t going to want to open up a three-front war with 1200 New Jersey Avenue.

About Gary Leff

Gary Leff is one of the foremost experts in the field of miles, points, and frequent business travel - a topic he has covered since 2002. Co-founder of frequent flyer community InsideFlyer.com, emcee of the Freddie Awards, and named one of the "World's Top Travel Experts" by Conde' Nast Traveler (2010-Present) Gary has been a guest on most major news media, profiled in several top print publications, and published broadly on the topic of consumer loyalty. More About Gary »

More articles by Gary Leff »

Comments

  1. Haha, busting through unrealistic deadlines set by Congress is not uncommon for executive agencies. At my old agency, Congress set a deadline but our Congressional relations staffer explained to the committees while it would be prioritized, we would get it done by x date

  2. Agencies routinely blow past ridiculous deadlines set by Congress. These deadlines often don’t include time to comply with other laws such as the APA or NEPA. Seriously, who cares? If anything, DOT might face legal challenges from other parties for failing to properly award the slots.

  3. How quickly Gary forgets that United CEO trashed the FAA and DOT last summer after united over scheduled its new work hub and the whole operation spectacularly melted down and spread throughout its system. The impact of Delta July meltdown is now known and can be compared to United and the comparison is actually quite favorable for Delta, especially since United also had a July IT meltdown in 2024 on top of it Boeing max 9 mess in January

    Whether criticizing your regulator should hurt or not, it hasn’t for US Airlines

  4. It’s absurd that DCA and LGA still have these perimeter restrictions. It only helps the minority while penalizing the majority. It’s anti competitive and puts way too many RJ’s into small markets with high fares and forces Customers to either connect or use a less desirable airport.

  5. It’s absurd that DCA and LGA still have these perimeter restrictions. It only helps the minority while penalizing the majority. It’s anti competitive and puts way too many RJ’s into small markets with high fares and forces Customers to either connect or use a less desirable airport.

  6. If DoT is breaking the law is there potential for a financial settlement in a class action suit? Since that last hurricane tore up Florida roads local ambulance chasers are having a hard time chasing ambulances and could really use the work. Gotta keep these folks busy or they might go into politics and lead a life of crime.

  7. I guess it’s time to send the peoples that work at the Department of transportation to Jail

  8. Who actually wrote this the airline industry? No one cares that some airline is not getting it’s bribed awards fast enough

  9. Get a life. The only deadlines that matter are check-in and boarding deadlines. Delta isn’t going unwind it’s Aeromexico partnership. What’s the Department going to do? Sue Delta? Get an administrative law judge to impose fines? Delta will continue to ignore DOT’s election year politics and carry on as normal.

Comments are closed.