Read the following excerpt from a US court opinion:
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States, 781 F.2d 752, 754 (9th Cir.1986), we affirmed dismissal of a suit alleging negligent inspection of a cargo compartment in the aircraft certification process. We emphasized that “[although Varig involved an alleged negligent failure to inspect, the Supreme Court wrote broadly in concluding that ‘the discretionary function exception precludes a tort action based on the conduct of the FAA in certificating ... aircraft for use in commercial aviation.’ ” Id. at 753 (quoting Varig Airlines, 467 U.S. at 815-16, 104 S.Ct. 2755). Finally, in West v. FAA, 830 F.2d 1044, 1048-49 (9th Cir.1987), we held that the FAA’s adoption of airport d e FAA’s actions are not susceptible to policy analysis because they were based on objective scientific standards. See Glacier Bay, 71 F.3d at 1453-54 ; Kennewick Irrigation Dist. v. United States,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the decision not to remove materials during canal construction was based not on policy judgments but on technical scientific engineering considerations and thus is not susceptible to policy considerations
B. holding that an agent acting outside his delegated authority is not protected by the discretionary function exception
C. holding that scientific hydrographic judgment and purely scientific considerations do not involve policy considerations and are not protected by the discretionary function exception
D. holding that a negligent guard theory would not fall under the discretionary function exception because sjuch negligent acts neither involve an element of judgment or choice within the meaning of gaubert nor are grounded in considerations of governmental policy
E. recognizing a discretionary function exception to that waiver
Reply with [A, B, C, D, E] only.