Ellen

MEMORANDUM *

Yvonne Ellen appeals the district court’s grant of a motion to dismiss claims related to the non-installation of an Emergency Obstruction Video Map (“EOVM”) as well as its judgment on her remaining tort claims relating to the actions of Air Traffic Control (“ATC”) and the award of costs. Ellen sued the FAA under the Federal Tort Claims Act (the “FTCA”) alleging negligence in connection with an air crash in which her daughter was killed. The district court dismissed all claims related to the EOVM, finding that the court lacked jurisdiction under the discretionary function exception to the FTCA. The district court also awarded judgment to the United States on the remaining issues, finding that no traffic controller had breached his duty of care. We affirm the district court as to each of these issues.

I. The EOVM

Ellen contends that the district court erred in holding that the discretionary function exception to the FTCA barred her claims regarding the FAA’s failure to install an EOVM.

*273 The applicability of the discretionary function exception to the FTCA’s grant of jurisdiction is determined by a two part test. First, the exception only covers acts that are…