North American Aviation Properties, Inc. v. National Transportation Safety Board

MERRITT, Chief Judge.

Petitioner North American Aviation Properties brings a generalized challenge to certain internal rules of practice issued by the National Transportation Safety Board through notice and comment rulemaking. The rules have not yet been applied to petitioner and may never be applied to it. The challenge is brought under 49 U.S.C. § 1153, which states that a person “disclosing a substantial interest” in a “final order” of the NTSB may apply for review of the order in the “appropriate court of appeals of the United States.” 1 Because the NTSB rulemaking at issue in this case is…