Crist

We are asked, once again, to determine the propriety of a district court’s dismissal for lack of jurisdiction of a Bivens-type action challenging procedures used by the Federal Aviation Administration in suspending or re-voicing flying privileges, where the relevant statute appears to vest appellate jurisdiction exclusively in the appellate courts. We affirm the judgment on other grounds.

Background

Thomas Martin Crist holds a Commercial Pilot Certificate, issued by the Federal Aviation Administration (“FAA”). On September 16, 1994, the FAA sent him a Letter of Investigation, claiming that on August 30, 1994, two California Highway Patrol (“CHP”) officers observed him flying low over a congested area in violation of 14 C.F.R. § 91.119 (b), and carelessly or recklessly operating an aircraft in violation of 14 C.F.R. § 91.13 (a). On September 22, 1994, Crist requested a copy of the complete investigation file, pursuant to the Freedom of Information Act (“F.O.I.A”), 5 U.S.C. § 552 , and the Privacy Act of 1974, 5 U.S.C. § 552a. On October 18,1994, the FAA advised Crist that it was withholding the information he requested, pursuant to F.O.LA’s law enforcement exemption, section…