IN THE SENATE OF THE UNITED STATES
July 13, 2006
Mrs. Hutchison (for herself, Mr. Cornyn, Mr. Inhofe, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To amend section 29 of the International Air Transportation Competition Act of 1979 relating to air transportation to and from Love Field, Texas.
Modification of provisions regarding flights to and from love field, texas
Section 29(c) of the International Air Transportation
Competition Act of 1979 (Public Law 96–192; 94 Stat. 48 et seq.), as previously
amended by section 337 of Public Law 105–66, 111 Stat. 1447 (1997) and section
181 of Public Law 109–115, 119 Stat. 2430 (2005) is further amended by striking
carrier, if (1) and all that follows and inserting the
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 U.S. or foreign
destination through any point within Texas, New Mexico, Oklahoma, Kansas,
Arkansas, Louisiana, Mississippi, Missouri, and Alabama..
Section 29 of the International Air Transportation Competition Act of 1979 (Public Law 96–192; 94 Stat. 48 et seq.), as previously amended by section 337 of Public Law 105–66, 111 Stat. 1447 (1997) and section 181 of Public Law 109–115, 119 Stat. 2430 (2005), and as further amended by subsection (a), is repealed on the date that is eight (8) years after the date of enactment of this Act.
Treatment of international non-stop flights to and from love field, texas
No person shall provide, or offer to provide, air transportation of passengers for compensation or hire between Love Field, Texas, and any point or points outside the fifty (50) United States or the District of Columbia on a non-stop basis, and no official or employee of the Federal Government may take any action to make or designate Love Field, Texas, an initial point of entry into the United States or a last point of departure from the United States.
Charter flights at love field, texas
Charter flights (as defined in 14 C.F.R. 212.2) at Love Field, Texas, shall be limited to destinations within the fifty (50) United States and the District of Columbia and shall be limited to no more than ten per month per air carrier for charter flights beyond the States of Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi, Missouri, and Alabama.
Carriers who lease gates
Except for any flights operated by any agency of the U.S. Government or by any airline under contract to any agency of the U.S. Government, all flights operated by air carriers that lease terminal gate space at Love Field, Texas, shall depart from and arrive at one of those leased gates.
Carriers who do not lease gates
Charter flights operated by air carriers that do not lease terminal space at Love Field, Texas, may operate from non-terminal facilities or one of the terminal gates.
Agreement of the parties
Except as provided in subsection (b), any actions taken
by the City of Dallas, the City of Fort Worth, Southwest Airlines, American
Airlines, and/or the Dallas-Fort Worth International Airport Board (referred to
in this section as the
parties) that are reasonably necessary to
implement the provisions of the agreement dated July 11, 2006, and titled
CONTRACT AMONG THE CITY OF DALLAS, THE CITY OF FORT WORTH, SOUTHWEST AIRLINES
CO., AMERICAN AIRLINES, INC., AND DFW INTERNATIONAL AIRPORT BOARD INCORPORATING
THE SUBSTANCE OF THE TERMS OF THE JUNE 15, 2006 JOINT STATEMENT BETWEEN THE
PARTIES TO RESOLVE THE
WRIGHT AMENDMENT ISSUES, shall be deemed
to comply in all respects with the parties' obligations under all Federal laws,
rules, orders, agreements, and other requirements.
Nothing in subsection (a) shall be construed to limit the jurisdiction of the Department of Transportation and the Federal Aviation Administration over aviation safety at Love Field, Texas.
Love field gates
The number of gates available for passenger air service at Love Field, Texas, shall be reduced, as soon as practicable, to no more than twenty (20) gates, and thereafter shall not exceed a maximum of twenty (20) gates.
Nothing in the agreement described in subsection (a) shall affect general aviation service at Love Field, Texas, including, but not limited to, flights to or from Love Field by general aviation aircraft for air taxi service, private or sport flying, aerial photography, crop dusting, corporate aviation, medical evacuation, flight training, police or fire fighting, and similar general aviation purposes, or by aircraft operated by any agency of the U.S. Government or by any airline under contract to any agency of the U.S. Government.
Notwithstanding any other provision of law, the Secretary of Transportation and the Administrator of the Federal Aviation Administration are prohibited from making findings or determinations, promulgating orders or rules, withholding airport improvement grants or approvals thereof, denying passenger facility charge applications, or taking any other action either self-initiated or on behalf of third parties, that is inconsistent with the provisions of the agreement described in subsection (a), or that challenge the legality of any of its provisions.
Jurisdiction and venue
Any action giving rise to a claim under this Act shall be instituted in the District Court of the United States for the Northern District of Texas.
The provisions of this Act shall apply only to actions taken at Love Field, Texas, or air transportation to or from Love Field, Texas, under the agreement described in section 4(a) of this Act and shall have no application to any other airport.
The provisions of this Act shall not take effect if, within thirty (30) days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration determines and notifies Congress that aviation operations in the airspace serving Love Field, Texas, and the Dallas-Fort Worth area that will be facilitated by the agreement described in section 4(a) and by this Act, cannot be accommodated in compliance with FAA safety standards in accordance with 49 U.S.C. 40101.