Civ. No. 66-3393. July 13, 1967. Benjamin Machinist, New York City, for plaintiff. Robert M. Morgenthau, U.S. Atty., S.D.N.Y., by Francis J. Lyons, Special Asst. U.S. Atty., of counsel, for defendant. EDELSTEIN, District Judge. OPINION This is an action for a declaratory judgment, 28 U.S.C. § 2201, and for a reversal of an administrative ruling under the Administrative Procedure Act, 5 U.S.C. § 1001 et seq. Plaintiff has moved for summary judgment. The material facts in this case are not disputed