Public Citizen, Inc., Aviation Consumer Action Project, and Families of Pan-Am 103/lockerbie v. Federal Aviation Administration

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In this case, petitioners challenge rules the Federal Aviation Administration (“FAA”) adopted pursuant to the Aviation Security Improvement Act of 1990 (“ASIA”), 49 U.S.C.App. § 1357(h) (1988 & Supp. II 1990), arguing that the rules, standing alone, are not detailed enough to satisfy ASIA. To the extent the FAA’s defense of those rules relies on other rules withheld from the public for security reasons, petitioners argue that the FAA’s failure to publish the secret rules in the Federal Register and to allow public…