[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S53-S54]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Ensign):
  S. 36. A bill to repeat the perimeter rule for Ronald Reagan 
Washington National Airport, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, I am pleased to be joined by Senator 
Ensign in introducing the Abolishing Aviation Barriers Act of 2009. 
This bill would remove the arbitrary restrictions that prevent 
Americans from having an array of options for non-stop air travel 
between airports in Western states and LaGuardia International Airport 
and Ronald Reagan Washington National Airport.
  LaGuardia restricts the departure or arrival of non-stop flights to 
or from airports that are farther then 1,500 miles from LaGuardia. 
Washington National has a similar restriction for non-stop flights to 
or from airports 1,250 miles from Washington National. These 
restrictions are commonly referred to as the ``perimeter rule.'' This 
bill would abolish these archaic limitations that reduce consumers' 
options for convenient flights and competitive fares.
  The original purpose of the perimeter rule was to promote LaGuardia 
and Washington National as airports for business travelers flying to 
and from East Coast and Midwest cities and to promote traffic to other 
airports by diverting long haul flights to Newark and Kennedy airports 
in the New York area and the Dulles airport in the Washington area. 
However, over the years, Congress has granted numerous exceptions to 
the perimeter rule because the air traveling public is eager for 
options. Today, exceptions are made for nonstop flights between 
LaGuardia and Denver and between Washington National and Denver, Las 
Vegas, Los Angeles, Phoenix, Salt Lake City and Seattle. Rather then 
continuing to take a piecemeal approach to promoting consumer choice, I 
urge Congress to take this opportunity once and for all to do away with 
this outdated rule.
  I continue to believe that Americans should have access to air travel 
at the lowest possible cost and with the most convenience for their 
schedule. Therefore, I have always advocated for the removal of any 
artificial barrier that prevents free market competition. In 2004, I 
co-sponsored legislation to repeal the Wright Amendment which 
prohibited flights from Dallas' Love Field airport to 43 states. This 
year, I am proud to once again join with my colleagues to eliminate 
another unnecessary restraint through the Abolishing Aviation Barriers 
Act of 2009.
  A 1999 study by the Transportation Research Board, the most recent 
available, stated that perimeter rules ``no longer serve their original 
purpose and have produced too many adverse side effects, including 
barriers to competition . . . The rules arbitrarily prevent some 
airlines from extending their networks to these airports; they 
discourage competition among the airports in the region and among the 
airlines that use these airports; and they are subject to chronic 
attempts by special interest groups to obtain exemptions.'' That same 
year, the Government Accountability Office, GAO, stated that the

[[Page S54]]

``practical effect'' of the perimeter rule ``has been to limit entry'' 
of other carriers and found that airfares at LaGuardia and Washington 
National are approximately 50 percent higher on average than fares at 
similar airports unconstrained by the perimeter rule. Such an 
anticompetitive rule should not remain in effect, particularly where 
its anticompetitive impact has long been recognized.
  For this reason, I will continue the struggle to try to remove the 
perimeter rule and other anti-competitive restrictions that increase 
consumer costs and decrease convenience for no apparent benefit.
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