ALASKA PROFESSIONAL HUNTERS ASSOCIATION, INC. V. FAA 177 F.3d 1030 (D.C. Cir. 1999) CASE BRIEF

ALASKA PROFESSIONAL HUNTERS ASSOCIATION, INC. V. FAA

177 F.3d 1030 (D.C. Cir. 1999)

NATURE OF THE CASE: This was a petition for judicial review by Alaska (P) over whether a change in long standing interpretations of regulations requires notice and comment.

FACTS: It is common for a fishing or hunting guide in Alaska to serve as the pilot of the light aircraft used in their trade. In 1963, the FAA consistently advised guide pilots that they were not governed by regulations dealing with commercial pilots. In January 1997, P, aware that the FAA was considering a new regime for regulating Alaskan guide pilots, submitted a petition for rule making. In January 1998 without having responded to P's petition, the FAA published a 'Notice to Operators' aimed at Alaskan hunting and fishing guides who pilot light aircraft as part of their guiding service. The Notice required these guide pilots to abide by FAA regulations applicable to commercial air operations. P contends that the Notice to Operators altered D's well-established interpretation of its regulations and should have been promulgated pursuant to notice and comment rule making. D contends that the Notice never changed any authoritative interpretation and was thus exempt from notice and comment.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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