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ROCHNA v. NATIONAL TRANSP. SAFETY BD.

No. 90-1919.

929 F.2d 13 (1991)

Stephen J. ROCHNA, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD and James B. Busey, Administrator, Federal Aviation Administration, Respondents.

United States Court of Appeals, First Circuit.

Decided March 26, 1991.

Rehearing Denied April 12, 1991.

Attorney(s) appearing for the Case

Lawrence B. Smith, Tucson, Ariz., for petitioner.

Joseph A. Conte, Federal Aviation Admin., Germantown, Md., for respondents.

Before BREYER, Chief Judge, and BOWNES, Senior Circuit Judge, and SELYA, Circuit Judge.

BOWNES, Senior Circuit Judge.

This appeal arises on a single issue: whether the Federal Aviation Administration's ("FAA's") disinclination to promulgate through public notice and comment or publish in the Code of Federal Regulations ("CFR") a rule authorizing the suspension of an airman certificate is a violation of the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 552(a)(1) and 553. We reject the appeal.

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