Go Leasing, Inc. v. National Transportation Safety Board & Donald D. Engen, Administrator, Federal Aviation Administration

The Federal Aviation Administration (FAA) issued an emergency order revoking Go Leasing, Inc.’s operating certificate for multiple violations of Federal Aviation Regulations (FARs). Although most FAA orders of revocation are stayed pending appeal, emergency orders are not. An administrative law judge (AU) modified the emergency revocation, imposing instead a ten-month suspension of Go Leasing’s certificate. The National Transportation Safety Board (NTSB) affirmed. Go Leasing appeals, raising numerous challenges to the agency’s action based upon claims that the FAA did not follow its governing statutes and regulations, the FAA’s internal policies and regulations were not promulgated in accordance with the Administrative Procedure Act, and certain FAA regulations and governing statutes are unconstitutional. We affirm.

FACTS

Go Leasing, Inc. is one of three affiliated aviation companies, each of which held an operating certificate issued by the FAA. Go Leasing holds a Part 125 certificate authorizing it to operate certain aircraft other than in air transportation. Part 125 refers to 14 C.F.R. Part 125, which regulates the operation of specified aircraft. “No [Part 125] certificate…