Sierra Pacific Holdings, Inc. v. County of Ventura

—Here we hold that Federal Aviation Administration (FAA) safety “standards” in an advisory circular do not preempt state tort law on the standard of care applicable to an airport’s “runway protection zone” (RPZ). These nonmandatory federal standards are not FAA regulations and do not have the force and effect of law.

The County of Ventura (County) owns and operates Camarillo Airport. Sierra Pacific Holdings, Inc. (Sierra), sued County for allegedly creating a *512 dangerous condition at the airport that resulted in damage to Sierra’s aircraft. Sierra appeals from the judgment in favor of County. It contends that the trial court erroneously concluded that state tort law on the standard of care is impliedly preempted by safety standards in an FAA advisory circular. We reverse.

Factual and Procedural Background

The runway at Camarillo Airport is 6,000 feet long. At the end of the runway, there is a 3,000-foot-long paved area. From the air, this paved area appears to be a continuation of the runway but, unlike the runway, it is marked with yellow chevrons. A manual published by the FAA states that yellow chevrons “are used to show pavement areas aligned with the runway…