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BRITISH CALEDONIAN AIRWAYS LTD. v. BOND

Nos. 79-1662, 79-1737.

665 F.2d 1153 (1981)

BRITISH CALEDONIAN AIRWAYS LIMITED, Petitioner, v. Langhorne BOND, Administrator, Federal Aviation Administration, Respondent. BALAIR AG, LUFTHANSA GERMAN AIRLINES, Swissair, Swiss Air Transport Company, LTD., Petitioners, v. Langhorne BOND, Administrator, Federal Aviation Administration, Respondent, Alitalia-Linee Aeree Italiane-S.P.A., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1981.

Attorney(s) appearing for the Case

Arthur D. Bernstein, Washington, D. C., with whom G. Nathan Calkins and Suzette Matthews, Washington, D. C., were on the brief for petitioners in No. 79-1737.

Leonard N. Bebchick, Washington, D. C., for petitioner in No. 79-1662.

Scott T. Kragie, Asst. U.S. Atty., with whom Charles F. C. Ruff, U.S. Atty., Royce C. Lamberth and Kenneth M. Raisler, Asst. U.S. Attys., Clark H. Onstad, Chief Counsel, Federal Aviation Administration, and William T. Lake, Deputy Legal Advisor, Dept. of State, Washington, D. C., were on the brief for respondent.

Alan A. D'Ambrasio, Morrell I. Berkowitz and Mitchell J. Kassoff, New York City, were on the brief for intervenor in No. 79-1739.

Robert M. Hausman, Washington, D. C., was on the brief for the Government of the United Kingdom amicus curiae urging the order to be set aside.

Philip A. Lacovara and Jay Kelly Wright, Washington, D. C., was on the brief for Northwest Airlines, Inc., amicus curiae urging the order to be set aside.

Before: SWYGERT, Circuit Judge, United States Court of Appeals for the Seventh Circuit, ROBB and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

The petitioners in these consolidated actions are foreign airlines challenging "Special Federal Aviation Regulation No. 40" (SFAR 40) which was issued on June 6, 1979, by the Federal Aviation Administration in the aftermath of the catastrophic crash of a domestic DC-10 airliner on May 25, 1979. 44 Fed.Reg. 33396 (1979). SFAR 40 prohibited the operation of all Model DC-10 airplanes within...

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