D.C. Circuit Rejects Flight Attendant Suit Challenging FAA Directive On In-flight Device Use

The U.S. Court of Appeals for the D.C. Circuit Friday rejected an appeal by the nation’s largest flight attendants union unhappy with a directive from the Federal Aviation Administration permitting airlines to change their rules so passengers don’t have to put away their iPads or other portable electronic devices during take-off and landing. The challenge was made primarily on procedural grounds, by the Association of Flight Attendants-CWA. In October 2013, the FAA issued FAA Notice N8900.240, which said airlines could allow passengers to keep reading their tablets throughout the flight. Two months later, the union challenged it, arguing that the FAA "impermissibly and substantially altered and effectively amended” regulations for carry-on baggage on aircraft “without adhering to the notice and comment requirements of the Administrative Procedure Act,” the court said. The APA is not implicated, said the decision, written by Senior Circuit Judge Harry Edwards. “Notice N8900.240 does not alter this regulatory regime,” Edwards wrote. “The Notice merely provides guidance to aviation safety inspectors who enforce FAA regulations. Moreover, Notice N8900.240 creates no rights or obligations, and generates no legal consequences. No airline need alter any policy in response to it. The Notice does not eliminate the discretion of safety inspectors or require that any particular carry-on baggage program be approved or denied. And the Notice does not contradict existing regulations regarding stowage of carry-on baggage.” CTIA saw the decision as good news for consumers. It means “Americans will be able to use their mobile devices during take-off and landing since the FAA found there is no threat of interference to airplane communications or public safety,” said Jot Carpenter, vice president-regulatory affairs.