Guimond

MEMORANDUM **

Connie Ellen Guimond sued the United States under the Federal Torts Claim Act (FTCA), alleging that the Federal Aviation Administration (FAA) was negligent and caused wrongful death by failing to conduct a proper study of a radio antenna near Nome, Alaska. Guimond’s son died when the airplane he was piloting crashed into the antenna. Guimond asserted that if the FAA had conducted a proper study, the agency would have found that the antenna must be removed because it posed a hazard to air navigation. The district court granted summary judgment for the United States, holding that there was no subject matter jurisdiction because the discretionary function exception of the FTCA applied and there was no waiver of sovereign immunity. We review de novo the district court’s determination of lack of subject matter jurisdiction under the discretionary function exception. Arizona Maint. Co. v. United States, 864 F.2d 1497, 1499 (9th Cir.1989) (citing Mitchell v. United States, 787 F.2d 466, 468 (9th Cir. *247 1986)). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The FTCA authorizes suits against the United States for damages for personal injuries when a private…