[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Proposed Rules]
[Pages 61996-61997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25189]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 67, No. 192 / Thursday, October 3, 2002 / 
Proposed Rules  

[[Page 61996]]



DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 121, 207, 208, 221, 250, 253, 256, 302, 380, 389, and 
399

49 CFR Parts 27, 37, 40, 219, 376, 382, 653, and 654

[Docket No. OST-02-13179]
RIN 2105-AD16


Withdrawal of Proposed Rulemaking Actions; Nondiscrimination on 
the Basis of Age, Charter Transportation, Notice of Terms of Contract 
of Carriage Part 399--Statement of General Policy, Simplified Airline 
Counter Sign Notices, Rules of Practice in Board Proceedings--Fees and 
Charges for Special Services; and Statements of General Policy, Baggage 
Liability Notices in International Air Transportation, Price 
Advertising, Procedures for Transportation Workplace Drug Testing 
Programs, and Transportation for Individuals with Disabilities

AGENCY: Department of Transportation, Office of the Secretary.

ACTION: Withdrawal of notices of proposed rulemakings.

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SUMMARY: This document withdraws the following rulemakings, proposed by 
the Office of the Secretary or the former Civil Aeronautics Board 
(CAB), that have been superseded by more recent rulemakings or other 
actions that make the proposed actions no longer necessary or 
appropriate: Nondiscrimination on the Basis of Age, Charter 
Transportation, Notice of Terms of Contract of Carriage Part 399--
Statement of General Policy, Simplified Airline Counter Sign Notices, 
Rules of Practice in Board Proceedings--Fees and Charges for Special 
Services; and Statements of General Policy, Baggage Liability Notices 
in International Air Transportation, Price Advertising, Procedures for 
Transportation Workplace Drug Testing Programs, and Transportation for 
Individuals with Disabilities. This action is being taken on the 
Department's initiative in order to complete action or provide 
information on those that have been completed by other actions.

ADDRESSES: You may obtain a copy of this notice from the DOT public 
docket through the Internet at http://dms.dot.gov, docket number OST-
02-13179. If you do not have access to the Internet, you may obtain a 
copy of the notice by United States mail from the Docket Management 
System, U.S. Department of Transportation, Room PL401, 400 Seventh 
Street, SW., Washington, DC 20590. You must identify docket number OST-
02-13179 and request a copy of the notice entitled ``Withdrawal of 
Proposed Rulemaking Actions.'' You may also review the public docket in 
person in the Docket office between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The Docket office is on the plaza 
level of the Department of Transportation. Additionally, you can also 
get a copy of this document from the Federal Register Webster at 
www.gpo.gov.

FOR FURTHER INFORMATION CONTACT: Jennifer Abdul-Wali, Office of the 
General Counsel, 400 Seventh Street, SW., Washington, DC 20590; (202) 
366-4723; fax: (202) 366-9313; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Department has identified a number of notices of proposed 
rulemakings (NPRMs) that have remained open and on its Regulatory 
Agenda, often for considerable periods of time. By this notice, the 
Department is withdrawing each of them for the reasons stated below.

Withdrawal of Proposed Rules

    The following is a list of proposed rules being withdrawn by this 
document:
    1. Nondiscrimination on the Basis of Age, NPRM published by the CAB 
on September 26, 1979, under Docket No. 36639, RIN 2105-AA45, [44 FR 
55383]. This NPRM proposed new rules to prohibit discrimination against 
air travelers on the basis of age and to implement the Age 
Discrimination Act of 1975.
    Comments: The Department received comments from certain members of 
the Air Transport Association of America.
    Reason for withdrawal: In view of current airline practices with 
respect to travel by the elderly, which are based on criteria set forth 
in the Age Discrimination Act of 1975, and the absence of complaints of 
discrimination based on age, there is no longer a need for this 
rulemaking.
    2. Charter Transportation, NPRM published by the CAB on July 11, 
1980, under Docket No. 37169, RIN 2105-AA40, [45 FR 46812]. This rule 
proposed to eliminate the clause in most charter contracts by which 
airlines exempt themselves from the obligation to return stranded 
charter passengers.
    Comments: The Department received comments from certain airlines 
and the United States Tour Operators Association.
    Reason for withdrawal: This proposal was superseded by an 
interpretive rule issued by the Civil Aeronautics Board (CAB) [ER-1387, 
49 FR 33436], which was affirmed in court [Arrow Air, Inc., v. Dole, 
784 F2d 1118 (1986)]. The interpretation clarified that direct air 
carriers must provide return transportation to any charter passenger 
that the airline had carried on an outbound flight. Therefore, there is 
no longer a need for this rulemaking.
    3. Notice of Terms of Contract of Carriage Part 399--Statement of 
General Policy, NPRM published on September 23, 1983, under Docket No. 
41683, RIN 2105-AA78, [48 FR 43343]. This rule proposed to require that 
passengers be given actual notice of contract terms by which carriers 
disclaim or substantially limit responsibility to provide for 
substitute transportation to the destination airports named on their 
tickets, when a flight is diverted to another airport.
    Comments: The Department received comments from certain members of 
the Air Transport Association of America, the travel industry, and 
several airlines.
    Reason for withdrawal: This action is withdrawn because the airline 
industry, through individual customer service plans, has adopted 
policies and procedures to provide notice to their customers when it is 
necessary to divert flights from an original destination.
    4. Tariffs; Oversales; Counter Signs, NPRM published on August 1, 
1984, under Docket No. 41971, RIN 2105-

[[Page 61997]]

AA88, [49 FR 30742]. This rule proposed alternative ways to consolidate 
and simplify several consumer protection notices displayed by carriers 
on counter signs.
    Comments: The Department received comments from certain members of 
the Air Transport Association of America, the travel industry, and the 
U.S. Office of Consumer Affairs.
    Reason for withdrawal: Since publication of the NPRM, the increased 
use of information technology has resulted in many changes in the 
airline industry. Because of these substantial changes, this rulemaking 
is no longer necessary.
    5. Rules of Practice in Board Proceedings; Fees and Charges for 
Special Services; and Statements of General Policy, NPRM published on 
October 5, 1984, under Docket No. 42497, RIN 2105-AA82, [49 FR 39337]. 
This rule proposed to revise requirements and procedures for applying 
for exemptions under section 416(b) of the Federal Aviation Act.
    Comments: According to the document receipt ledger, no comments 
were received on this NPRM.
    Reason for withdrawal: The Department included most of the proposed 
provisions from this NPRM in a rule that transferred CAB rules to DOT 
(50 FR 451, January 1, 1985). Therefore, this NPRM is no longer 
necessary and is withdrawn.
    6. Tariffs; Baggage Liability Notices in International Air 
Transportation, NPRM published on December 18, 1984, under Docket No. 
41690, RIN 2105-AA84, [49 FR 49111]. The NPRM was based on a petition 
for rulemaking to amend the regulations to clarify that carriers may 
have some liability for fragile or perishable articles.
    Comments: The Department received comments from the International 
Air Transport Association and the Air Traffic Conference of America.
    Reason for withdrawal: Since publication of the NPRM, the purpose 
of the proposal has been overtaken by changes to other Department 
rules, which makes this rulemaking unnecessary.
    7. Price Advertising, NPRM published on July 26, 1989, under Docket 
No. 46410, RIN 2105-AB50, [54 FR 31052]. This rule proposed to amend 
the price advertising requirements to codify long-standing enforcement 
policy.
    Comments: The Department received comments from the airline, 
travel, and advertising industries, State and local governments, and 
various consumer groups. A few of the comments urged the Department to 
adopt the proposals in the NPRM. Comments from State and local agencies 
expressed concern about the preemptive effects of the NPRM. Other 
comments stated that the proposals supported unfair and deceptive 
practices by the airlines.
    Reason for withdrawal: Since issuance of the NPRM, the substance of 
the proposed rule has been covered in numerous DOT enforcement orders, 
which provide guidance to the industry. Additionally, significant 
changes in marketing and ticket distribution systems, particularly use 
of the Internet, have rendered the NPRM inappropriate.
    8. Procedures for Transportation Workplace Drug Testing Programs, 
NPRM published on July 13, 1990, under Docket No. 45928, RIN 2105-AB71, 
[54 FR 28782]. This rule proposed to amend requirements specifying who 
may receive negative drug test results.
    Reason for withdrawal: The issues raised in this NPRM pertaining to 
who receives negative drug test results and the comments received on it 
were addressed in a final rule entitled Procedures for Transportation 
Workplace Drug and Alcohol Testing Program, under Docket OST-99-6578, 
published December 19, 2000, 65 FR 79462.
    9. Transportation for Individuals with Disabilities, NPRM published 
on June 20, 1994, under Docket No. 49602, RIN 2105-AC06, [59 FR 31818]. 
This rule proposed to amend the Department's rules implementing the 
Americans with Disabilities Act (ADA) by adopting revised accessibility 
guidelines issued by the Architectural and Transportation Barriers 
Compliance Board.
    Reason for withdrawal: The Department has published a more recent 
notice of proposed rulemaking entitled Americans with Disabilities Act 
Accessibility Standards, under Docket No. OST-2000-7703, published 
August 8, 2000, 65 FR 48444, and intends to consider the issues raised 
in the 1994 NPRM and comments received on the proposal in this 2000 
NPRM.
    10. Amendments to Pre-Employment Alcohol Testing Requirements, NPRM 
published on May 9, 1996, under Docket No. OST-96-1333, RIN 2105-AC50, 
[61 FR 21149]. This rule proposed a change to pre-employment alcohol 
testing provisions to harmonize the regulations with the OMNIBUS 
Transportation Employee Testing Act of 1991 by making pre-employment 
testing voluntary for employers.
    Reason for withdrawal: The pre-employment alcohol testing 
requirements and the comments received on the NPRM were addressed in a 
final rule entitled Procedures for Transportation Workplace Drug and 
Alcohol Testing Program, under Docket OST-99-6578, published December 
19, 2000, 65 FR 79462.
    While the Department is withdrawing the above-mentioned NPRMs and 
removing them from the semi-annual Regulatory Agenda, if it is 
determined that future action is needed, the Department will open new 
rulemakings.

    Issued in Washington, DC on September 24, 2002.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 02-25189 Filed 10-2-02; 8:45 am]
BILLING CODE 4910-62-P