Hawaii Helicopter Operators Association v. Federal Aviation Administration
Opinion
Opinion
Schroeder, J.
The Hawaii Helicopter Operators Association (“HHOA”) petitions, pursuant to 49 U.S.C. § 46110 (a), for review of the Federal Aviation Administration’s issuance of Special Federal Aviation Regulation (“SFAR”) No. 71 establishing special operating rules, procedures and limitations for airplane and helicopter air tour operators in Hawaii. The regulation was promulgated on an emergency basis pursuant to the exception contained in 5 U.S.C. § 553 , which exempts an agency from complying with the notice and comment requirements of the Administrative Procedure Act (“APA”) where good cause exists. HHOA’s principal grievance is with SFAR No. 71’s prohibition against air tour aircraft flying below a minimum altitude of 1,500 feet. HHOA also objects to the requirements that helicopters be amphibious and equipped with emergency flotation gear, or that each person on board wear approved flotation gear.
The FAA promulgated SFAR No. 71 after a series of seven helicopter accidents involving four fatalities, which occurred in the first nine months of 1994. The regulation was promulgated September 26,1994. It became effective on October 26, 1994.