Oksner

*292 MEMORANDUM *

Plaintiff Michael Oksner filed this action on behalf of all commercial pilots who lost, or would soon lose, their commercial licenses under the Federal Aviation Administration’s former “Age 60 Rule,” 14 C.F.R. § 121.383 (c) (2006), which prohibited most commercial airline pilots from flying after their 60th birthdays, but which has since been repealed by the Fair Treatment for Experienced Pilots Act, Pub.L. No. 110-135, 121 Stat. 1450 (2007) (codified as amended at 49 U.S.C. § 44729 ) (the “Fan-Treatment Act”).

Oksner sought injunctive relief and a declaratory judgment that the Rule violated the equal protection right guaranteed by the Fifth Amendment, damages against the United States under the Federal Tort Claims Act (“FTCA”), and damages against four current or former FAA administrators in their individual capacities for their role in enforcing the allegedly unconstitutional rule.

The district court dismissed the action with prejudice and Oksner appeals. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

1. With respect to Oksner’s claim for injunctive and declaratory relief, the Fair Treatment Act, 49 U.S.C. § 44729 (d), repeals the Age 60…