John R. Jensen v. The Administrator of the Federal Aviation Administration and the National Transportation Safety Board

ORDER The petition for rehearing is hereby denied as moot. The opinion of this court, Jensen v. Administrator of the Federal Aviation Administration, 641 F.2d 797 (1981) is hereby vacated. Great Western Sugar Co. v. Nelson, 442 U.S. 92, 99 S.Ct. 2149, 60 L.Ed.2d 735 (1979); see United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950). Petitioner, appealing from adverse agency action, requested that this court invalidate the FAA regulations that had caused his disqualification. The FAA has substantially revised the regulations of which he complained. The revised regulations are now effective. Petitioner can apply to the FAA for an airman *594 medical certificate under the new regulations that are not before this court.