Helicopter Ass'n International, Inc. v. Federal Aviation Administration
722 F.3d 430
D.C. Cir.2013Background
- HAI challenges FAA North Shore route mandatory noise abatement on Long Island.
- North Shore Route was voluntary in 2008, made mandatory by Final Rule in 2012 for noise reduction.
- Rule aimed to maximize use of existing route with safety protections and weather exceptions.
- Volpe Center analyzed PDARS data to model noise; DNLs below 45 dB on peak weekends were cited.
- Rule is provisional for two years with sunset or modification options; FAA certified Regulatory Flexibility Act analysis as minimal impact.
- FAA relied on § 40103(b)(2) to prescribe air traffic regulations protecting ground interests and § 44715 to set noise standards; FAA balanced safety with ground protection.
- HAI argues narrow statutory framework limits FAA to safety and airport contexts; FAA cites broad authority to protect individuals and property from noise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FAA exceeded authority in routing to abate noise | HAI asserts §40103 is narrow and cannot be used for noise abatement | FAA relies on broad §40103(b)(2) to protect ground interests from noise | FAA acted within §40103(b)(2) authority |
| Whether record shows substantial evidence of a noise problem | HAI contends complaints are uncorroborated data | FAA used public complaints and Volpe data as substantial evidence | Findings supported by substantial evidence |
| Whether final rule deviated from FAA policy | HAI claims reversal of longstanding non-intervention policy | Rule aligns with FAA’s limited policy on noise-impact routing | Not an improper deviation; consistent with authority and prior practice |
| Whether FAA properly complied with Regulatory Flexibility Act | FAA miscomputed costs and small-entity impact | Certification was valid; remand unnecessary for corrected data | Final rule valid with compliant regulatory flexibility analysis |
Key Cases Cited
- Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (Supreme Court 1984) (clear congressional intent governs unless ambiguous; deference for agency jurisdiction)
- American Petroleum Institute v. EPA, 52 F.3d 1113 (D.C. Cir. 1995) (limits on general authority when a specific directive exists)
- City of Arlington v. FCC, 133 S. Ct. 1863 (U.S. Supreme Court 2013) (deference in interpreting agency jurisdiction matters)
- City of Burbank v. Lockheed Air Terminal Inc., 411 U.S. 624 (U.S. Supreme Court 1973) (balance between safety and efficiency in FAA regulation)
- Safe Extensions, Inc. v. FAA, 509 F.3d 593 (D.C. Cir. 2007) (bare assertions insufficient for substantial evidence)