Gatx/airlog Company Gatx Capital Corporation Airlog Management Corporation Frederick L. Hatton and Sanford P. Burnstein v. United States

ORDER

This court’s opinion, filed December 13, 2000, is hereby WITHDRAWN and replaced with the attached opinion.

With the filing of this new opinion, the panel has voted to deny the petition for rehearing and to deny the petition for rehearing en banc, filed February 22, 2002.

The full court has been advised of the petition for en banc rehearing, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b).

The petition for rehearing and the petition for rehearing en banc are DENIED.

OPINION

Aircraft safety is a matter of significant public importance, and the Federal Aviation Administration (“FAA”) plays a central role in monitoring safety through its certification of commercial aircraft. At issue in this case is whether the United States is immune from liability under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1994) (“FTCA”), for the FAA’s alleged negligence in issuing aircraft certifications. GATX/Airlog Company (“Airlog”) brought suit against the United States under the FTCA after the FAA issued a directive modifying the terms of two design certificates for converting passenger airplanes to cargo freighters. The…