Garvey

*1147 OPINION

Safari Aviation, Inc., d/b/a Safari Helicopter Tours (“Safari”) is an aeronautical business which operates helicopters and fixed-wing aircraft for sightseeing tours of tourist attractions in Hawaii as an on-demand Air Taxi Commercial Operator. Safari petitions for review of two orders of the Federal Aviation Administration (“FAA”) promulgating Special Federal Aviation Regulation 71 (“SFAR 71”), which establishes procedural, operational, and equipment safety requirements for air tour operators in Hawaii. We upheld emergency rule SFAR 71, issued on September 16, 1994, in Hawaii Helicopter Operators Ass’n. v. FAA, 51 F.3d 212 (9th Cir.1995). In No. 98-70013, Safari petitions for review of the FAA’s decision to extend SFAR 71 for an additional three years. In No. 00-71520, Safari petitions for review of the FAA’s decision to establish SFAR 71 as a final rule. Safari contends that the FAA unlawfully and arbitrarily promulgated SFAR 71, and that the final rule decreases aviation safety and increases the risk of predictable accident scenarios. We have jurisdiction under 49 U.S.C. § 46110 , and we dismiss the petition in appeal No. 98-70013 as moot, and deny the petition in…