Avia Dynamics, Inc. v. Federal Aviation Administration
395 U.S. App. D.C. 149
| D.C. Cir. | 2011Background
- FAA enforces aviation safety; parts must meet FAA specs and obtain Parts Manufacturer Approval.
- SUP program identifies suspected unapproved parts and can lead to Field Notifications or enforcement actions.
- SUP investigation for Avia began Oct 23, 2006; initially focused on Elliptical Systems, then expanded to Avia and other parts.
- On Aug 6, 2007 FAA concluded certain Avia parts were unapproved; enforcement process began with a July 24, 2007 letter of investigation.
- April 7, 2008 FAA letter of correction indicated matter did not warrant enforcement action and remedial steps were acknowledged.
- May 20, 2009 FAA SUP coordinator recommended case closure; a UPN (No. 2009-200700016) was written and forwarded for release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does the 60-day period start under §46110(a)? | Avia argues notice delay tolled the period. | FAA posted the UPN publicly; posting triggers the 60-day period. | Clock begins on UPN posting date; timely filing required within 60 days. |
| Is the UPN an actionable 'order' under §46110(a)? | UPN is an order that could be reviewed; notice considerations apply. | UPN is an informal, advisory order not subject to strict service rules. | UPN qualifies as a reviewable 'order' but, as an informal order, is not bound by §46103/46105 service requirements. |
| Did Avia have 'reasonable grounds' for untimely filing? | Possible lack of notice could be reasonable grounds. | No adequate grounds; ignorance of the order does not excuse delay. | No reasonable grounds; petition denied. |
Key Cases Cited
- Americopters, LLC v. FAA, 441 F.3d 726 (9th Cir. 2006) (dicta on notice issues; not dispositive here)
- National Air Transportation Ass'n v. McArtor, 866 F.2d 483 (D.C. Cir. 1989) (adequacy of notice discussed; distinguishable facts)
- City of Dania Beach v. FAA, 485 F.3d 1181 (D.C. Cir. 2007) (expansive reading of 'order' in §46110(a) with limits)
- Safe Extensions, Inc. v. FAA, 509 F.3d 593 (D.C. Cir. 2007) (informal adjudications; notice/no notice considerations)
- Paralyzed Veterans of Am. v. CAB, 752 F.2d 694 (D.C. Cir. 1985) (reasonable grounds when delaying rule modification context)
- Arbaugh v. Y & H Corp., 546 U.S. 500 (Supreme Court 2006) (threshold limitations and jurisdictional considerations)
- McArtor, 866 F.2d 483 (D.C. Cir. 1989) (publication/communication as potential trigger for filing period)
- Heide v. FAA, 110 F. App'x 724 (8th Cir. 2004) (order issuance date controls the §46110(a) period)