Critical Thinking Assignment 3

Critical Thinking Assignment 3 - given a narrow, technical...

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Afzal 1 Bakhtiar Afzal Marka B. Fleming, J.D. BUAD 36105A February 1, 2009 Critical Thinking Assignment 3 In March of 1988 the FAA sent a letter to SDAS informing SDAS that effective immediately parachute jumping within or into the San Diego TCA in the Otay Reservoir Jump Zone will not be authorized. The FAA stipulates that this letter is final and appealable. The case was taken to the court and the court reversed the ruling of the defendant Federal Aviation Administration, which had disallowed parachute jumping in the San Diego Terminal Control Area, because defendant failed to include the public in its study, which study was the basis of the ruling. In this case several other circuits have had to interpret section 1486(a). The Fourth, Seventh, Eighth, and District of Columbia Circuits have held that section 1486(a) is not to be
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Unformatted text preview: given a narrow, technical reading; instead, it is to be interpreted expansively. Afzal 2 The Federal Aviation Act requires that rules affecting the use of navigable airspace be issued in accordance with the APA 49 U.S.C.App. Sec. 1348(d).The court ruled that defendant's ruling was not issued in accordance with the Administrative Procedure Act, 49 U.S.C.S. 1348(d), because defendant failed to allow and include public participation in its study, which study was the basis of the ruling. We also know that not every decision made by administrative agencies requires citizen participation. In this case the FAA argues that parachuting created an emergency to which it responded in the letter at issue. As we can see that in this the proper procedure were not followed when FAA sent the letter to San Diego Air Sports....
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Critical Thinking Assignment 3 - given a narrow, technical...

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