Hollingsworth

Hollingsworth v. National Transportation Safety Board

Good Law
17 F. App'x 729
United States Court of Appeals for the Ninth CircuitSeptember 4, 2001No. 99-71452; NTSB Nos. SE-15676 and SE-15677California336 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioners Lloyd Hollingsworth and Dan’s Aircraft Repair seek review of the National Transportation Safety Board’s decision affirming the Federal Aviation Administrator’s order revoking their respective repair certificates. Because the parties are familiar with the facts, we will not set them out in detail. We have jurisdiction under 49 U.S.C. § 1153 , and we deny the petition.

Petitioners contend there is no regulatory or statutory provision preventing them from removing N1590R’s identification plate and reattaching it after a “nose to tail overhaul.” They are mistaken. Except when necessary during general maintenance procedures, 14 C.F.R. § 45.13 (c) unambiguously prohibits the removal or installation of a plane’s identification plate without prior approval from the Administrator. We agree with the NTSB and the FAA that Petitioner’s “overhaul” of NI590R, which included the wholesale replacement of the engine, wings, and fuselage, cannot be characterized as a maintenance procedure. Petitioners plainly violated § 45.13(c).

With respect to the 14 C.F.R. § 43.12 (a) violation, Petitioners argue the Administrator failed to carry her burden of proving Hollingsworth…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.