Execjet Charter, Inc. v. Michael Huerta

MEMORANDUM

Execjet Charter, Inc. (“Execjet”) petitions for review of a final order of the National Transportation Safety Board (“NTSB”), which affirmed the Federal Aviation Administration’s (“FAA”) revocation of Execjet’s air carrier certificate. We have jurisdiction under 49 U.S.C. § 1153 (a). We must uphold the NTSB’s decision unless it is arbitrary, capricious, an abuse of discretion, or not otherwise in accordance with law. Essery v. Dep’t of Transp., 857 F.2d 1286, 1288 (9th Cir. 1988). The NTSB’s factual findings are conclusive when supported by substantial evidence in the record. Id. We deny the petition for review.

I. Agency Findings

1. “No person may operate as a direct air carrier without holding appropriate economic authority from the Department of Transportation.” 14 C.F.R. § 119.5 (i). Substantial evidence supports the agency’s finding that Execjet lacked economic authority. At a hearing before an Administrative Law Judge (“ALJ”) in February 2013, Execjet’s representative testified that he received notice from the Department of Transportation in March 2012 that the Department cancelled Execjet’s economic authority.

2. “Each certificate holder must have sufficient…