Robert S. Borregard v. National Transportation Safety Board Federal Aviation Administration

Robert Borregard appeals an NTSB decision affirming an FAA Emergency Order revoking his aircraft mechanic certificate and inspection authority on the charge that Bor-regard altered an aircraft’s maintenance logs for a fraudulent purpose in violation of 14 C.F.R. § 43.12 (a)(3). Borregard contends that the Board’s finding that he breached § 43.12(a)(3) is not supported by substantial evidence and that the revocation of his certificates was an inappropriate and unconstitutional response to the charged violation. Because the Board’s decision is not arbitrary and capricious and is supported by substantial evidence, we affirm. The penalty, too, was appropriate in light of the gravity of Borregard’s infraction and established Board precedent.

I. Standards of Review

Review of NTSB orders is deferential. This Court must affirm unless the NTSB’s order is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). Findings of fact are conclusive, so long as they are supported by substantial evidence in the record. Legal conclusions are generally reviewed de novo. Olsen v. NTSB, 14 F.3d 471, 474 (9th Cir.1994). However, an agency’s…