United States Court of Appeals for the district of columbia circuit

No. 96-1253 September Term, 1997

Air Transport Association of America, Petitioner

v.

Department of Transportation, et al., Respondents _______________________________________ And Consolidated Case No. 96-1269

BEFORE: Silberman, Ginsburg, and Henderson, Circuit Judges

O R D E R

On consideration of respondents' petition for rehearing, and the response thereto, it is

ORDERED, by the Court, that the petition for rehearing is granted in part, and the opinion filed on August 1, 1997, is amended as follows:

Page 15, concluding paragraph, lines 4-6, delete the entire last sentence of the opinion and insert in lieu thereof the following: "Accordingly, we vacate the challenged provisions of the Final Policy, paragraphs 2.4, 2.4.1, 2.4.1(a), 2.5.1, 2.5.1(a), 2.5.1(b), 2.5.1(c), 2.5.1(d), 2.5.1(e), 2.5.3, 2.5.3(a), 2.6, the Secretary's supporting discussion in the preamble, and any other portions of the rule necessarily implicated by the holding of our opinion, and remand this proceeding to the Secretary. Our action in this case does not reinstate any part of the Secretary's Interim Policy that the Final Policy was intended to replace."

United States Court of Appeals for the district of columbia circuit

No. 96-1253 September Term, 1997

It is FURTHER ORDERED, by the Court, that respondents' petition for rehearing is otherwise denied.

Per Curiam For the Court: Mark Langer, Clerk

Filed On: October 15, 1997