Donald W. Morse v. Federal Aviation Administration

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald W. MORSE, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. No. 93-70264. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1994. * Decided Sept. 28, 1994. Before: POOLE, BRUNETTI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We reverse the NTSB determination that Morse materially falsified his logbook, but affirm on the remaining issues. We remand so that his sanction can be reconsidered on the basis of the other violations but not the logbook falsification. 3 We cannot find substantial evidence on the whole record, Tur v. FAA, 4 F.3d 766, 770 (9th Cir.1993), for the materiality element of the false logbook entry charge. 4 It could not mislead the pilot into thinking Morse had obtained a permit to fly over the United Kingdom for two reasons. First, when Morse faxed the logbook page, he also faxed the face of his ferry permit, which said that it was from "BGR, US AIRSPACE." That…