United States v. Eastern Air Lines, Inc.

HATCHETT, Circuit Judge:

In this case, the district court granted summary judgment to Eastern Air Lines, Inc., ruling that the Federal Aviation Administration’s oral directive to air carriers to physically inspect all bottles revealed by x-ray equipment in carry-on baggage constituted an unauthorized amendment to controlling regulations. We reverse.

FACTS

In 1988, after a series of aircraft hijackings in southern Florida, the Federal Aviation Administration (FAA) advised air carriers that section IIC2 of the FAA-approved and mandatory security programs required checkpoint personnel to physically…