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Updated: Friday, July 25, 2003 8:59 AM

OST-2003-15592 - Preemption in Air Transportation

Preemption in Air Transportation

Federal Register July 24, 2003

OST-03-15592

Policy Statement Amendment - Federal Register Publication

This action ends a rulemaking commenced by the Civil Aeronautics Board in 1979, in which it announced interim policies to implement provisions of the Airline Deregulation Act of 1978 dealing with federal preemption. The Department of Transportation, which succeeded to various Civil Aeronautics Board functions, has concluded that the interim policy statement is of limited current value. Its major issue--continued intrastate economic regulation of air carriers--has long since been resolved. Its remaining subjects continue to evolve and are more appropriately addressed on a case-by-case basis rather than by a statement of general policy. The interim final policy is accordingly removed. The Department of Transportation will continue to monitor developments and to offer the proper interpretation of the statute's preemption provision in appropriate fact-specific circumstances. EFFECTIVE DATE: July 24, 2003.

Draft Version - July 23, 2003

By: Norman Minetta

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