Mark L. Sweeney v. National Transportation Safety Board and Federal Aviation Administration

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mark L. SWEENEY, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD and Federal Aviation Administration, Respondent. No. 94-70426. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided April 18, 1996. 1 Before: D.W. NELSON and JOHN T. NOONAN, Jr., Circuit Judges and TANNER, ** District Court Judge 2 MEMORANDUM *** 3 Mark L. Sweeney appeals the imposition by the Administrator of the Federal Aviation Administration (FAA) of a $2,500 civil penalty. We have jurisdiction and AFFIRM. 4 1. FAA Procedures. 5 Sweeney argues that there were no regulations in effect at the time he committed his alleged violations. He argues that because the D.C. Circuit Court of Appeals ruled in Air Transport Ass'n of America v. Department of Transp., 900 F.2d 369 (D.C.Cir.1990), vacated and remanded, 498 U.S. 1077 (1991), vacated, 933 F.2d 1043 (D.C.Cir.1991) that the rules implementing the civil penalties of the…