Patrick Floyd Boyle v. National Transportation Safety Board Federal Aviation Administration

953 F.2d 1386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patrick Floyd BOYLE, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD; FEDERAL AVIATION ADMINISTRATION, Respondents. No. 91-70282. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 17, 1992. Decided Feb. 5, 1992. 1 Before SCHROEDER and T.G. NELSON, Circuit Judges, and CALLISTER, * District Judge. 2 MEMORANDUM ** 3 Patrick Floyd Boyle petitions for review of an order of the National Transportation Safety Board affirming the FAA Administrator's revocation of Boyle's commercial helicopter pilot certificate. The Administrator revoked the certificate pursuant to his authority under 49 U.S.C. § 1429 (a), based on a determination that Boyle had operated a helicopter with a blood alcohol content of .047 percent alcohol by weight and thereby threatened "safety in air commerce or air transportation." 1 Boyle challenges admission of the results of a blood alcohol test on the grounds that the…