Paul Joseph Janka Michael E. Newman v. Department of Transportation, National Transportation Safety Board Federal Aviation Administration

Janka and Newman appeal from a decision by the National Transportation Safety Board (Board). They argue that the Board lacked jurisdiction to review an administrative law judge’s (AU) decision. They further argue that the Board’s decision was arbitrary, capricious, and not supported by substantial evidence. Finally, they allege errors in Board procedures. We have jurisdiction over this timely petition pursuant to 49 U.S.C.App. § 1429(a). We deny the petition to review and affirm the Board.

I

Janka and Newman were charged with violating Federal Aviation Regulation (FAR) 91.9, for operating an aircraft in a careless or reckless manner, and FAR 91.-65(a), for creating a collision hazard. See 14 C.F.R. §§ 91.9 , 91.65 (1989). Janka was additionally charged with making an intentionally false logbook entry in violation of FAR 61.59(a). See 14 C.F.R. § 61.59 (1989). As a result of the violations, the Federal Aviation Administration (FAA) Administrator revoked Janka’s commercial pilot and flight instructor certificates, and Newman’s private pilot certificate.

Janka and Newman both appealed the orders of revocation. Because the two cases arose out of the same incident, the appeals were…