United States DC Circuit

In an action brought by petitioners-commercial airline pilots who reached age 60 before December 13, 2007, petitions for review of decision denying petitioners' requests for exemptions from regulation barring petitioner-pilots from flying commercial aircraft after they turned 60 (Age 60 Rule) are dismissed where: 1) the Fair Treatment for Experienced Pilots Act (the Act), which expressly abrogated the Age 60 Rule, mooted the petitions; 2) if petitioners wished to challenge the constitutionality of the statute on its face, they should have filed a complaint in the district court; and 3) seeking initial review of the statute here extends beyond the jurisdictional grant of 49 U.S.C. section 46110(a).

Appellate Information

• Decided 12/19/2008
• Published 12/19/2008

Judges

Court

• United States DC Circuit

Counsel