Eldon C. Hart v. John L. McLucas Administrator, Federal Aviation Administration, and National Transportation Safety Board

Eldon C. Hart is an aviation enthusiast of long standing. He now appeals from a decision of the National Transportation Safety Board (hereinafter the NTSB) finding that Hart had violated 14 C.F.R. § 61 .-59(a)(2) and ordering that Hart’s flight instructor certificate be suspended for nine months.

For the reasons stated below, we remand this case for further proceedings before the NTSB. Further proceedings are required because the NTSB applied an incorrect interpretation of § 61.59(a)(2) below and because additional factual findings must be made before § 61.59(a)(2) can be applied properly in this case.

Hart has been a leading promoter of aviation in eastern Idaho since the end of the Second World War. From 1964 until the spring of 1973, he was acting director of the aviation program of Ricks College in Rex-burg, Idaho. When the college announced in May of 1972 that it was abandoning its program of aviation instruction, Hart formed a nonprofit corporation to continue the program as a separate school. All parties agree that Hart’s frenetic exertions to save the aviation program put him under considerable emotional and physical strain.

Following a formal charge by the…