American Aviation, Inc. v. U.S. Department of Transportation

MEMORANDUM

Petitioners American Aviation, Inc. and Larry D. Wright (collectively “American”) appeal from the Federal Aviation Administration’s (“FAA”) Final Agency Order on the Initial Interim Operating Authority (IOA) Allocation (“Order”) denying American additional interim operating authority (“IOA”) over Glen Canyon National Recreational Area. We have jurisdiction under 49 U.S.C. § 46110 (a), and we affirm.

As an initial matter, the FAA argues that American waived its right to seek any increase in IOA and therefore cannot claim error with the distribution of IOA on appeal. The government, however, is incorrect because it misapprehends the scope of American’s waiver. During the administrative hearing, Amei’ican indicated that it was forgoing any claim to IOA based “on operations of Sunrise Aviation,” informing the Hearing Officer that he could “take any interest [American] might have previously claimed on that off the table.” The Hearing Officer asked American whether it was referring to its initial IOA application, in which American sought 11,350 flights over Glen Canyon. American confirmed that it was withdrawing any claim to IOA requested in that application other than the…