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Administrative Law Keyed to Mawshaw
Safe Extensions, Inc. v. Federal Aviation Administration
Citation:
509 F.3d 593 (2007)Facts
The FAA regulates various products used at airports, including light bases that house runway lights. These bases must be strong and adjustable in height to accommodate runway repaving. Two types of light bases exist: “adjustable products” (manufactured by Safe Extensions) that use a threaded extension piece for height adjustment, and “fixed products” that use stacked extensions. From 1970 to 2005, all light bases underwent the same torque test, conducted on bases embedded in concrete. In April 2005, the FAA issued Advisory Circular 42D, requiring torque testing only for adjustable products. In May 2006, the FAA issued Advisory Circular 42E, making the test more stringent by requiring it to be conducted on freestanding bases not embedded in concrete. Despite industry complaints that this test was unworkable for adjustable products, the FAA maintained this requirement in Advisory Circular 42F issued in October 2006. The FAA’s only justification was an employee’s unsupported assertion that fixed products had inherent anti-rotational devices while adjustable products relied solely on chemical bonding with surrounding concrete.
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