Warbelow's Air Ventures, Inc. v. Federal Aviation Administration

MEMORANDUM *

We have jurisdiction under 49 U.S.C. § 46110 , and we deny the petition.

A. Fuel Pump Violations

When considered together, Steven Rimer’s (“Rimer”) testimony and the maintenance records for the two fuel pumps constitute substantial evidence supporting the Federal Aviation Administration (“FAA”) Administrator’s conclusion that Rimer modified those pumps. Although Rimer’s lack of independent recollection raised the possibility that he did not in fact modify the pumps, that does not mean that substantial evidence is lacking. A conclusion may be supported by substantial evidence even though a plausible *608 alternative interpretation of evidence would support a contrary view.

As to the safety of the fuel pumps, FAA investigators John Gamble and James Tupper testified that modifying the fuel pumps without installing screws at the proper torque values could lead to fuel leaks. Rimer admitted at the hearing before the Administrative Law Judge (“ALJ”) that when modifying the fuel pumps, he did not follow the manufacturer’s instructions which specify the procedures for ensuring proper torque values. Thus, there is substantial evidence to support the Administrator’s…