Moore

MEMORANDUM **

Ted Moore, an airline pilot, petitions pro se for review of the National Transportation Safety Board’s (“NTSB”) Opinion and Order denying Moore’s appeal of an administrative law judge’s (“ALJ”) decision, which affirmed the Order of Suspension issued by the Federal Aviation Administration (“FAA”). We have jurisdiction under 49 U.S.C. §§ 1153 (a), 44709(f). We must uphold the NTSB’s decision unless it is “arbitrary, capricious, an abuse of discretion, or not otherwise in accordance with law.” Kolek v. Engen, 869 F.2d 1281, 1285 (9th Cir.1989) (quoting 5 U.S.C. § 706 (2)(A)). We deny the petition for review.

Moore challenges, on procedural grounds, the NTSB’s conclusion that he violated 14 C.F.R. §§ 91.123 (a), 91.111(a), and 121.535(f) when he deviated from the air traffic control’s clearance in landing a passenger aircraft at Los Angeles International Airport, and thereby caused a near mid-air collision with an Air France passenger aircraft.

Moore contends the ALJ had improper ex parte communications with the FAA’s counsel, which warrants reversal of the ALJ’s decision. Contrary to Moore’s contention, ex parte communications regarding a procedural motion are not…