United States Sixth Circuit

An FAA decision to allow a local airport to charge a maintenance fee to airport users who store their aircraft at the airport, while charging no fee to those who merely land at the airport, is affirmed where: 1) a ruling that plaintiff is not similarly situated to transient users was supported by substantial evidence; and 2) the FAA's complaint procedure at issue is an adjudicatory process, not a rule-making one, and therefore does not have to abide by the notice and comment provisions of the Administrative Procedure Act.

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

Judges

• Before MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Stewart D. Roll, Climaco, Lefkowitz, Peca, Wilcox & Garofoli, Cleveland, Ohio, for Petitioner.  Michael Jay Singer, Constance A. Wynn, United States Department of Justice, Washington, D.C., for Respondent.