Murray A. Winslow v. National Transportation Safety Board Federal Aviation Administration

Good Law
885 F.2d 615·1989 WL 104562·1989 U.S. App. LEXIS 13836
United States Court of Appeals for the Ninth CircuitSeptember 14, 198988-7169California2,203 words

Opinion

Opinion

Canby, J.

Murray Winslow petitions for review of an order of the National Transportation Safety Board (NTSB or Board) subjecting him to a 90-day suspension of his Airline Transport Pilot (ATP) Certificate. The NTSB reversed a decision by Administrative Law Judge (AU) Davis reducing Win-slow’s suspension to 30 days from the 90-day suspension originally imposed by the Administrator of the Federal Aviation Administration (FAA). Winslow challenges only the sanction imposed by the NTSB. He does not appeal the NTSB’s determination that he violated federal aviation regulations, nor does he challenge the factual or credibility determinations made by the ALT! We have jurisdiction over Winslow’s Petition for Review pursuant to 49 App.U.S.C.App. §§ 1486(a) (1982) and we affirm.

BACKGROUND

Winslow has been a pilot for 45 years. On June 21, 1984, he flew a Cessna 441 along the California coast, operating under Visual Flight Rules (VFR). According to eyewitnesses from a nearby aircraft, on that date Winslow was flying at an altitude of less than 500 feet below the base of the clouds. Winslow was therefore charged with violations of Federal Aviation Regulation (FAR) 91.105(a), 14 C.F.R. § 91.105 (a)…

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