Faa

MEMORANDUM

Eitan Leaschauer petitions pro se from the National Transportation Safety Board’s (“NTSB”) final order affirming the Federal Aviation Administration’s (“FAA”) order suspending Leaschauer’s private pilot certificate for entering Class B airspace without clearance and flying without medi cal clearance. We have jurisdiction under 49 U.S.C. § 1153 . We review the NTSB’s final order under the arbitrary and capricious standard. Gilbert v. NTSB, 80 F.3d 864, 368 (9th Cir. 1996). We deny the petition for review.

The NTSB’s decision affirming the administrative law judge’s (“ALJ”) partial summary judgment was not arbitrary or capricious because Leaschauer’s answer conceded that the flight in question occurred during an interruption in his medical certification, and that the recreational pilot accompanying Leaschauer was not qualified to act as pilot-in-command. See Arrington v. Daniels, 516 F.3d 1106, 1112 (9th Cir. 2008) (arbitrary and capricious standard requires agency to base decision on consideration of relevant factors and avoid clear error); 49 C.F.R. § 821.17 (setting forth summary judgment standard); 14 C.F.R. § 61.23 (a)(3)® (medical certificate required to exercise…