[House Report 109-600]
[From the U.S. Government Publishing Office]



109th Congress                                            Rept. 109-600
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                      WRIGHT AMENDMENT REFORM ACT

                                _______
                                

 July 26, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5830]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5830) to amend section 29 of the 
International Air Transportation Competition Act of 1979 
relating to air transportation to and from Love Field, Texas, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                       Purpose of the Legislation

    The Wright Amendment Reform Act (H.R. 5830) would implement 
a compromise agreement reached by the City of Dallas, Texas; 
the City of Fort Worth, Texas; American Airlines; Southwest 
Airlines; and Dallas-Fort Worth International Airport (DFW) on 
July 11, 2006, regarding air service at Dallas Love Field.

                Background and Need for the Legislation


                          THE WRIGHT AMENDMENT

    After decades of deliberation and at the strong urging of 
the U.S. Civil Aeronautics Board (CAB) and the Federal Aviation 
Administration (FAA), the City of Dallas and the City of Fort 
Worth agreed to construct a new regional airport, DFW, in the 
early 1960s. Shortly thereafter, in 1965, the cities formed a 
regional airport board and adopted a Bond Ordinance to finance 
the construction of DFW.
    The central component of the Bond Ordinance was that Dallas 
and Fort Worth agreed to phase out passenger air service at 
their existing airports, including Dallas Love Field. With the 
exception of Southwest Airlines, which began operating solely 
intrastate service from Love Field in 1971, the interstate 
carriers using the Dallas- and Fort Worth-area airports agreed 
to move their operations to DFW, which opened in 1973.
    Southwest Airlines' decision to stay at Love Field led to a 
decade of protracted litigation between the airline and cities. 
In several related decisions, the courts held that the Bond 
Ordinance provisions did not apply to Southwest because the air 
carrier only served intrastate markets. As a result, Dallas, 
Fort Worth, and DFW were unable to fulfill the Bond Ordinance 
objective of consolidating passenger service at DFW, and 
Southwest continued to offer intrastate service from Love 
Field.
    Shortly after Congress deregulated the airline industry in 
1978, Southwest applied for the necessary regulatory approvals 
to provide interstate service between Love Field and New 
Orleans, Louisiana, in contravention of the intention of the 
Cities as expressed in the Bond Ordinance. This action 
threatened yet another round of litigation regarding air 
service at Love Field.
    In order to put an end to the dispute and resolve all legal 
challenges, Texas Congressman Jim Wright negotiated a 
settlement agreement among the interested parties. To make this 
unique and unprecedented locally-crafted agreement binding, 
Congressman Wright included language codifying this agreement 
in section 29 of the International Air Transportation 
Competition Act of 1979 (Pub. L. 96-192), which became commonly 
known as the ``Wright Amendment''. The Wright Amendment allowed 
Love Field to stay open instead of being closed down to 
commercial aviation as originally intended, but limited direct 
commercial air service out of Love Field to points in Texas and 
the four adjacent states--New Mexico, Louisiana, Arkansas, and 
Oklahoma.
    In addition, the Wright Amendment permitted 10 interstate 
charter flights each month to and from Love Field and allowed 
flights by ``commuter airlines operating aircraft with a 
passenger capacity of 56 passengers or less''.
    Legislative history indicates that the provision was 
intended to provide ``a fair and equitable settlement'' and was 
agreed to by representatives of ``Southwest Airlines, the City 
of Dallas, the City of Fort Worth, DFW Airport Authority, and 
related constituent groups.''
    The conferees, at that time, also attempted to make clear 
that the Wright Amendment was to supersede any Federal Aviation 
Act provision that might have, or could in the future, be 
construed to permit interstate commercial service from Love 
Field.
    In addition, those same conferees indicated that the Love 
Field situation was unique and that the compromise offered by 
the Wright Amendment was not to be construed ``as a harbinger 
of any similar proposals for any other airport or area.''
    Since 1979, Congress has made two legislative changes to 
the Wright Amendment. The first change was an amendment to the 
Fiscal Year 1998 transportation appropriations act (Pub. L. 
105-66) offered by Senator Richard Shelby. The Shelby amendment 
allowed direct commercial air service from Love Field to an 
additional three states--Alabama, Kansas and Mississippi--and 
unrestricted flights on aircraft with less than 56 seats. The 
second change was an amendment to the Fiscal Year 2006 
transportation appropriations act (Pub. L. 109-115) offered by 
Senator Christopher Bond. The Bond amendment allowed direct 
commercial air service from Love Field to Missouri.

                   DALLAS-FORT WORTH AVIATION MARKET

    The two largest airports in the Dallas-Fort Worth region, 
DFW and Love Field, rank 3rd and 56th, respectively, among U.S. 
airports in total passenger enplanements. Each airport can 
claim to be the home of one of the nation's 10 largest 
airlines, with American based at DFW and Southwest based at 
Love Field.
    Between April 2005 and March 2006, the most recent period 
for which data is available from the Bureau of Transportation 
Statistics (BTS), DFW enplaned 51.5 million passengers, while 
Love Field enplaned about 6 million passengers.
    According to the BTS, American is the nation's largest 
airline, controlling a 15-percent-share of the U.S. market. 
Southwest, which controls about 10.9 percent of the U.S. 
market, is the nation's most profitable airline and one of a 
very small number of airlines that has remained profitable 
since the terrorist attacks of September 11, 2001.
    American is the dominant air carrier at DFW. According to 
the BTS, between April 2005 and March 2006, approximately 85 
percent of all passengers at DFW boarded American flights. 
Delta Airlines accounts for about 2.78 percent and the next 
largest air carrier share is United Airlines at about 2 
percent.
    Southwest is the dominant air carrier at Love Field. 
According to the BTS, between April 2005 and March 2006, 
Southwest had a 95 percent market share at Love Field. 
Continental Express accounted for roughly 4.5 percent of the 
passengers. American, which leases three gates at the main 
terminal, accounted for 0.5 percent of the passengers. Most of 
the airline traffic in the Dallas-Fort Worth market is 
controlled by these three air carriers.

     LOCAL COMMUNITIES BROKER WRIGHT AMENDMENT COMPROMISE AGREEMENT

    In light of decades of litigation and contentious debate 
among local communities, airports and airlines over the 
establishment and development of DFW, the subsequent use of 
Love Field, and proposed legislative changes to the Wright 
Amendment, earlier this year, a group of Congressional leaders 
urged the local communities to work toward a consensus on a 
proposal that would eliminate Wright Amendment restrictions on 
air service at Love Field.
    In order to reach a consensus, the local communities sought 
diligently to gain the support of the dominant carriers at Love 
Field and DFW, Southwest Airlines and American Airlines, 
respectively. The local communities approached each carrier 
separately and proposed a number of potential concessions 
designed to facilitate a compromise proposal that would be 
agreeable to the other carrier and the local communities.
    After months of deliberations between the local communities 
and each air carrier, the local communities successfully 
persuaded Southwest and American to agree to concessions that 
ultimately proved to be agreeable to the other carrier and the 
local communities. Consequently, a consensus proposal was 
developed to effectively repeal the Wright Amendment. This 
consensus is reflected in an agreement dated July 11, 2006 
(``July 11 agreement'').

                           NEED FOR H.R. 5830

    Given the unique history of the development of DFW and the 
unprecedented, locally-initiated agreement that was codified by 
Congress in the Wright Amendment over a quarter-century ago, 
the Committee believes that H.R. 5830 is necessary and 
appropriate to implement the July 11 agreement and permanently 
end decades of litigation, uncertainty, and acrimony by the 
parties. In the spirit of the Wright Amendment, H.R. 5830 is 
crafted narrowly to codify only those aspects of the July 11 
agreement that require changes to federal law.
    In addition to assuring the end of litigation and 
uncertainty over the scope of commercial air service in the 
Dallas-Fort Worth market, the Committee believes that the July 
11 agreement will benefit the traveling public by allowing 
additional markets to be served from the Dallas-Fort Worth 
area. On July 11, the FAA testified before the Aviation 
Subcommittee on the impact of repealing the Wright Amendment on 
aviation safety and the flow of air traffic in the Dallas-Fort 
Worth area. In its testimony, the FAA stated that it: (1) will 
never compromise its safety standards to accommodate increased 
demand at Love Field or any other U.S. airport; and (2) does 
not expect that the efficient use of airspace in the Dallas-
Forth Worth region will be compromised if the Wright Amendment 
is repealed.
    To ensure that H.R. 5830 will not compromise air safety or 
impede the flow of air traffic, Section 8 states that the 
legislation will not take effect until the FAA notifies 
Congress that increased aviation operations in Dallas-Fort 
Worth airspace resulting from repeal of the Wright Amendment 
will not have an adverse impact on safety and airspace usage in 
the Dallas-Fort Worth airspace. The Committee expects that FAA 
will comply with this one-time notification requirement as soon 
as practicable.
    Section 2 would expand service opportunities from Love 
Field by repealing permanently all existing Wright Amendment 
restrictions eight years after the date of enactment, and 
allowing immediately ``through-ticketing'' from Love Field, 
under which incumbent carriers could market and provide 
connecting commercial air service from Love Field to cities 
outside the Wright Amendment's geographic area. In addition, 
section 5 of H.R. 5830 sets forth procedures to ensure that 
non-incumbent air carriers seeking to provide service out of 
Love Field are accommodated, and ensures that existing Federal 
Aviation Administration oversight of such procedures is 
continued.
    At the same time, section 5 ensures that implementation of 
the July 11 agreement will not adversely affect communities: 
(1) that are currently receiving air service from Love Field or 
DFW; (2) that wish to secure access to Love Field or DFW in the 
future; or (3) within an 80-mile radius of Love Field in 
seeking to develop their airport infrastructure, obtain Federal 
grants or other Federal funding, obtain Part 139 certification 
or meet other Federal requirements to obtain commercial air 
service. Moreover, it is the intent of the Committee that H.R. 
5830 would not apply to any amendment or modification of the 
July 11 agreement executed by the parties after July 11, 2006.
    Section 5 also expresses the understanding of the Committee 
that costs associated with the reduction of the number of gates 
available for service at Love Field to 20 gates are permissible 
airport costs, and such costs will not be considered as revenue 
diversion under title 49 of the United States Code. It is the 
intent of the Committee that no Federal funds or passenger 
facility charges may be used to remove gates at the Lemmon 
Avenue facility at Love Field.
    While the Committee has decided to codify the key 
components of the locally-initiated and locally-approved July 
11 agreement in H.R. 5830, it recognizes that Love Field is 
part of the National Airspace System (NAS).
    Consequently, the Committee believes that DFW and the rest 
of the parties to the July 11 agreement should be subject to 
all other federal laws and regulations. Accordingly, section 5 
of the bill ensures that the parties continue to be obligated 
under the programs of the U.S. Department of Transportation 
(DOT), FAA, Department of Homeland Security (DHS) and 
Transportation Security Administration (TSA) relating to 
aviation safety and security, labor, environment, national 
historic preservation, civil rights, small business concerns 
(including disadvantaged business enterprise), veteran's 
preference, disability access, and revenue diversion. The 
Committee expects that non-incumbent carriers will be given the 
same opportunities to start air service at Love Field as such 
carriers would be afforded at other U.S. airports, and that FAA 
oversight of such matters at Love Field would continue under 
H.R. 5830.

                       Summary of the Legislation


Sec. 1.--Short title

    This Act may be cited as the ``Wright Amendment Reform 
Act.''

Sec. 2.--Modification of provisions regarding flights to and from Love 
        Field, Texas

    Subsection (a) amends section 29 of the International Air 
Transportation Competition Act of 1979 (the ``Wright 
Amendment'') to allow air carriers serving Love Field to offer 
for sale and provide through service and ticketing to or from 
Love Field and any United States or foreign destination, 
through any point within Texas, New Mexico, Oklahoma, Kansas, 
Arkansas, Louisiana, Mississippi, Missouri and Alabama.
    Subsection (b) repeals section 29 of the International Air 
Transportation Competition Act of 1979 on the date that is 
eight years after the date of enactment of this Act.

Sec. 3.--Treatment of international nonstop flights to and from Love 
        Field, Texas

    This section prohibits nonstop commercial air service 
between Love Field and foreign destination, and prohibits the 
Federal Government from designating Love Field as an initial 
point of entry into the United States or a last point of 
departure from the United States.

Sec. 4.--Charter flights at Love Field, Texas

    Subsection (a) limits charter flights at Love Field to 
destinations within the United States.
    Subsection (b) limits charter flights at Love Field beyond 
the States of Texas, New Mexico, Oklahoma, Kansas, Arkansas, 
Louisiana, Mississippi, Missouri and Alabama to no more than 10 
per month per air carrier.
    Subsection (c) requires that charter flights operated by 
air carriers leasing gates at Love Field depart from and arrive 
at a leased gate.

Sec. 5.--Agreement of the parties

    Subsection (a) provides that any action taken by the 
parties that is reasonably necessary to implement the 
provisions of the July 11 agreement, and the agreement itself, 
is deemed to comply in all respects with the parties 
obligations under title 49, United States Code, and any 
competition laws.
    Subsection (b) requires the City of Dallas to reduce, as 
soon as practicable, the number of gates available for 
passenger air service at Love Field to no more than 20 gates. 
Provides that costs associated with reduction of gates are 
permissible airport costs and not to be considered revenue 
diversion.
    Subsection (c) assures that nothing in the July 11 
agreement or the legislation affects general aviation service 
at Love Field.
    Subsection (d) provides that no action is to be taken by 
DOT or FAA that is inconsistent with the local agreement or 
that challenges its legality.
    Subsection (e) clarifies the scope of legal protection 
afforded under Section 5(a). The legislation is not to be 
construed: (1) as limiting the obligation of the parties under 
DOT and FAA programs relating to aviation safety, labor, 
environmental, national historic preservation, civil rights, 
small business concerns (including disadvantaged business 
enterprise), veteran's preference, disability access, and 
revenue diversion, or as limiting the authority of DOT and FAA 
to enforce the obligation of the parties under such programs; 
(2) as limiting the obligations of the parties under security 
programs of the Department of Homeland Security and 
Transportation Security Administration at Love Field; and (3) 
as authorizing the parties to offer marketing incentives that 
are in violation of federal law; and (4) with respect to the 20 
gates remaining at Love Field, as limiting the authority of the 
FAA or any other federal agency to enforce legal obligations to 
make facilities at the airport available on a reasonable and 
nondiscriminatory basis to air carriers seeking to use such 
facilities.

Sec. 6.--Department of transportation review

    This section provides DOT with exclusive authority to 
review actions taken under the legislation and the local 
agreement, and actions taken to implement the agreement, with 
respect to all provisions of title 49, United States Code, and 
with respect to any Federal competition laws not included in 
title 49, United States Code.

Sec. 7.--Applicability

    This section limits applicability of the legislation to 
actions taken by the parties to the July 11 agreement at Love 
Field and any airport owned or operated by the City of Dallas 
or the City of Fort Worth.

Sec. 8.--Effective date

    This section provides that the legislation takes effect on 
the date FAA notifies Congress that aviation operations in the 
airspace serving Love Field and the Dallas-Fort Worth area can 
be accommodated in full compliance with FAA safety standards 
and without adverse effect on use of airspace in the area. The 
Committee expects that FAA will complete the evaluations 
required for this one-time notification as soon as practicable.

            Legislative History and Committee Consideration

    H.R. 5830 was introduced by Chairman Don Young, Ranking 
Member James Oberstar, Aviation Subcommittee Chairman John 
Mica, Rep. Eddie Bernice Johnson, Rep. Kenny Marchant, Rep. Kay 
Granger, Rep. Joe Barton, Rep. Michael Burgess, Rep. Chet 
Edwards, Rep. Louie Gohmert, Rep. Ralph Hall, Rep. Sam Johnson, 
and Rep. Pete Sessions on July 18, 2006. It was referred to the 
Committee on Transportation and Infrastructure. A full 
committee mark-up was held on July 19, 2006, where the 
legislation was ordered reported to the House by voice vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes during consideration of the bill.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)2 of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
improve air service in the Dallas-Fort Worth region.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
5830 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5830, the Wright 
Amendment Reform Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Robert A. Sunshine
                           (For Donald B. Marron, Acting Director).
    Enclosure.

H.R. 5830--Wright Amendment Reform Act

    H.R. 5830 would amend provisions of federal law that set 
certain restrictions on commercial air transportation to and 
from Love Field, an airport located near the cities of Dallas 
and Forth Worth, Texas. Based on information from the 
Department of Transportation, CBO estimates that enacting H.R. 
5830 would have no significant impact on the federal budget. 
The bill would not affect direct spending or revenues.
    H.R. 5830 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would make the necessary changes in federal law to 
implement an agreement among the cities of Dallas and Forth 
Worth and American and Southwest Airlines. Any costs to those 
cities or the state of Texas would be incurred voluntarily.
    On July 21, 2006, CBO transmitted a cost estimate for S. 
3661, a bill to amend section 29 of the International Air 
Transportation Competition Act of 1979 relating to air 
transportation to and from Love Field, Texas, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on July 19, 2006. The two bills are similar, and 
our cost estimates are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Pub. L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 5830 does not 
preempt any State, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).

         Changes in Existing Law Made by the Bill, as Reported

      In compliance with clause 3(e) of rule XIII of the Rules 
of the House of Representatives, changes in existing law made 
by the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

INTERNATIONAL AIR TRANSPORTATION COMPETITION ACT OF 1979

           *       *       *       *       *       *       *


  Sec. 29. (a) * * *

           *       *       *       *       *       *       *

  (c) Subsections (a) and (b) shall not apply with respect to, 
and it is found consistent with the public convenience and 
necessity to authorize, transportation of individuals, by air, 
on a flight between Love Field, Texas, and one or more points 
within the States of Louisiana, Arkansas, Oklahoma, New Mexico, 
Kansas, Alabama, Mississippi, Missouri, and Texas by an air 
[carrier, if (1) such air carrier does not offer or provide any 
through service or ticketing with another air carrier or 
foreign air carrier, and (2) such air carrier does not offer 
for sale transportation to or from, and the flight or aircraft 
does not serve, any point which is outside any such State. 
Nothing in this subsection shall be construed to give authority 
not otherwise provided by law to the Secretary of 
Transportation, the Civil Aeronautics Board, any other officer 
or employee of the United States, or any other person.] 
carrier. Air carriers and, with regard to foreign air 
transportation, foreign air carriers, may offer for sale and 
provide through service and ticketing to or from Love Field, 
Texas, and any United States or foreign destination through any 
point within Texas, New Mexico, Oklahoma, Kansas, Arkansas, 
Louisiana, Mississippi, Missouri, and Alabama.

           *       *       *       *       *       *       *


 [Effective on the last day of the 8 year period beginning on the date 
of the enactment of this Act (Wright Amendment Reform Act), section 29 
  of the International Air Transportation Competition Act of 1979, as 
    amended by section 2(a) of such Act, is repealed, shown below.]

  [Sec. 29. (a) Except as provided in subsection (c), 
notwithstanding any other provision of law, neither the 
Secretary of Transportation, the Civil Aeronautics Board, nor 
any other officer or employee of the United States shall issue, 
reissue, amend, revise, or otherwise modify (either by action 
or inaction) any certificate or other authority to permit or 
otherwise authorize any person to provide the transportation of 
individuals, by air, as a common carrier for compensation or 
hire between Love Field, Texas, and one or more points outside 
the State of Texas, except (1) charter air transportation not 
to exceed ten flights per month, and (2) air transportation 
provided by commuter airlines operating aircraft with a 
passenger capacity of 56 passengers or less.
  [(b) Except as provided in subsections (a) and (c), 
notwithstanding any other provision of law, or any certificate 
or other authority heretofore or hereafter issued thereunder, 
no person shall provide or offer to provide the transportation 
of individuals, by air, for compensation or hire as a common 
carrier between Love Field, Texas, and one or more points 
outside the State of Texas, except that a person providing 
service to a point outside of Texas from Love Field on November 
1, 1979, may continue to provide service to such a point.
  [(c) Subsections (a) and (b) shall not apply with respect to, 
and it is found consistent with the public convenience and 
necessity to authorize, transportation of individuals, by air, 
on a flight between Love Field, Texas, and one or more points 
within the States of Louisiana, Arkansas, Oklahoma, New Mexico, 
Kansas, Alabama, Mississippi, Missouri, and Texas by an air 
carrier. Air carriers and, with regard to foreign air 
transportation, foreign air carriers, may offer for sale and 
provide through service and ticketing to or from Love Field, 
Texas, and any United States or foreign destination through any 
point within Texas, New Mexico, Oklahoma, Kansas, Arkansas, 
Louisiana, Mississippi, Missouri, and Alabama.
  [(d) This section shall not take effect if enacted after the 
enactment of the Aviation Safety and Noise Abatement Act of 
1979.]

                                  
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