Page:United States Statutes at Large Volume 92 Part 2.djvu/428

 92 STAT. 1708

PUBLIC LAW 95-504—OCT. 24, 1978 (

"FEDERAL

PREEMPTION

"PREEMPTION

49 USC 1305.

49 USC 1371.

49 USC 1371.

" SEC. 105. (a)(1) Except as provided in paragraph (2) of this subsection, no State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to rates, routes, or services of any air carrier having authority under title IV of this Act to provide interstate air transportation. " (2) Except with respect to air transportation (other than charter air transportation) provided pursuant to a certificate issued by the Board under section 401 of this Act, the provisions of paragraph (1) of this subsection shall not apply to any transportation by air of persons, property, or mail conducted wholly within the State of Alaska. "PROPRIETARY POWERS AND RIGHTS

" (b)(1) Nothing in subsection (a) of this section shall be construed to limit the authority of any State or political subdivision thereof or any interstate agency or other political agency of two or more States as the owner or operator of an airport served by any air carrier certificated by the Board to exercise its proprietary powers and rights. " (2) Any aircraft operated between points in the same State (other than the State of H a w a i i) which in the course of such operation crosses a boundary between two States, or between the United States and any other country, or between a State and the beginning of the territorial Avaters of the United States, shall not, by reason of crossing such boundary, be considered to be operating in interstate or overseas air transportation. "EXISTING STATE AUTHORITY

" (c) W h e n any intrastate air carrier which on August 1, 1977, was operating primarily in intrastate air transportation regulated by a State receives the authority to provide interstate air transportation, any authority received from such State shall be considered to be part of its authority to provide air transportation received from the Board under title TV of this Act, until modified, suspended, amended, or terminated as provided under such title. "DEFINITION

" (d) For purposes of this section, the term 'State' means any State, the District of Columbia, the Commonwealth of P u e r to Rico, the Commonwealth of the Northern M a r i a n a Islands, Guam, the Virgin Islands, and any territory or possession of the United States.". (b) That portion of the table of contents contained in the first section of such Act which appears under the center heading "TITLE I—GENERAL PROVISIONS"'

is amended by adding at the end thereof "See. 105. Federal preemption. " (a) Preemption. " (b) Proprietary powers and rights. "(c) Existing State authority. " (d) Definition.".

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