Safari Aviation Inc., Dba Safari Helicopter Tours v. Jane F. Garvey, Administrator, Federal Aviation Administration, Safari Aviation Inc., Dba Safari Helicopter Tours v. Federal Aviation Administration

300 F.3d 1144 SAFARI AVIATION INC., dba Safari Helicopter Tours, Petitioner, v. Jane F. GARVEY, Administrator, Federal Aviation Administration, Respondents. Safari Aviation Inc., dba Safari Helicopter Tours, Petitioner, v. Federal Aviation Administration, Respondent. No. 98-70013. No. 00-71520. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 2002. Filed August 26, 2002. COPYRIGHT MATERIAL OMITTED David Glenn Bettencourt, Honolulu, Hawaii, for the petitioner. Constance A. Wynn, Department of Justice, Civil Division, Washington, D.C., for the respondent. On Petitions for Review of Two Orders of the Federal Aviation Administration. FAA No. 27919. Before WALLACE, TASHIMA and TALLMAN, Circuit Judges. OPINION TALLMAN, Circuit Judge. 1 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,…