Bollinger

MEMORANDUM *

*646 Plaintiffs L. Thomas, Clare, and Jeffrey Bollinger appeal the dismissal of their Federal Tort Claims Act (“FTCA”) action against the government for actions of the Federal Aviation Administration (“FAA”) for lack of subject matter jurisdiction under the discretionary function exception to the FTCA. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Although the FTCA creates a general waiver of sovereign immunity for the negligent torts of government employees acting within the scope of their employment, see 28 U.S.C. § 1346 (b)(1), it excepts from that waiver the performance of a discretionary function or duty by an employee. See 28 U.S.C. § 2680 (a). In this case, the government proved both that the conduct was not specifically prescribed by a federal statute, regulation, or policy, and that its conduct involved the permissible exercise of policy judgment. Berkovitz v. United States, 486 U.S. 531, 536-37 , 108 S.Ct. 1954 , 100 L.Ed.2d 531 (1988).

Order 8130.2D mandated only a general airworthiness inspection of the Bollingers’ aircraft, which the Bollingers do not deny took place. Beyond the baseline requirement of completing the inspection,…