Today's overflight decision

[Aimee Farr]

July 13, 2001
DC Cir.
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Air Transp. Ass'n Of Canada v. Fed. Aviation Admin.
49 USC 45301 (Federal Aviation Reauthorization Act of 1996)
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The FAA failed to provide any record justification for the proposition that
costs for servicing over- flights are the same as costs for servicing
non-overflights. It simply assumed it was so.
...
Because the FAA has failed to articulate the basis for its conclusion that
"the unit costs of providing [air traffic control] services to overflights
within each environment is [sic] identi- cal to the unit costs of providing
[air traffic control] services to all air traffic within each environment,"
we vacate the 2000 Rule and remand to the FAA for further proceedings
consistent with this opinion.

So ordered.

http://pacer.cadc.uscourts.gov/common/opinions/200107/00-1334a.txt


~Aimee