Diaz

MEMORANDUM *

Manuel S. Diaz (“Diaz”) appeals the August 13, 2002 Final Order of the National Transportation Board (“NTSB”) affirming the Federal Aviation Administration’s (“FAA”) order revoking his aircraft mechanic’s certificate. We review decisions issued by the NTSB pursuant to the Administrative Procedures Act, 5 U.S.C. § 706 (2)(A), and accordingly will only set aside an agency action that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. Id. Because the NTSB did not act arbitrarily in affirming the ALJ’s application of a good cause standard to Diaz’s late-filed answer, and because the NTSB’s decision to affirm the revocation penalty without requiring an evidentiary hearing was not arbitrary, we affirm.

I.

Diaz first argues that the application of a good cause standard to a late-filed answer was arbitrary and capricious because in other cases, the NTSB has accepted late filings absent a showing of good cause when the opposing party was not prejudiced by the delay. A decision by the NTSB is arbitrary and capricious if it deviates from its enunciated policy without explanation; however, “the NTSB has the authority to adopt and…