Ralph Seeley v. Department of Transportation, National Transportation Safety Board Federal Aviation Administration

967 F.2d 590 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph SEELEY, Petitioner, v. DEPARTMENT OF TRANSPORTATION, National Transportation Safety Board; Federal Aviation Administration, Respondents. No. 91-70145. United States Court of Appeals, Ninth Circuit. Submitted June 4, 1992. * Decided June 9, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Federal aviation regulations require aircraft operating within 30 miles of 24 designated airports to be equipped with a Mode C transponder, which allows air traffic controllers to monitor both position and altitude of planes within the controlled airspace. 14 C.F.R. 91.215(b)(2). Seeley complained that this rule adversely affects general aviation in the Seattle area, and requested that the FAA repeal or modify it as it applies to Seattle-Tacoma International Airport. After his request was pending for two months with no agency action, Seeley petitioned this court for review. While this…