49 U. S. Code Section 41713. Preemption of authority over prices, routes, and service
Congress expressly provided that the proprietary powers and rights of municipal airport owners are not preempted by Federal law. 49 U.S.C. 41713 (section 105 of the Airline Deregulation Act of 1978). Thus, the task of protecting the local population from airport noise has fallen to the agency, usually the local government, that owns and operates the airport. (b) Preemption (3)
3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.