David Riggs v. Lynne Osmus

FILED
NOT FOR PUBLICATION JUN 17 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAVID G. RIGGS, No. 09-71516
Petitioner,
v.
MEMORANDUM **
J. RANDOLPH BABBIT,* Administrator,
Federal Aviation Administration,
Respondent.
On Petition for Review of an Order of the
National Transportation Safety Board, NTSB No. EA-5436
Submitted May 25, 2010 ***
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
*
J. Randolph Babbit is substituted for his predecessor, Lynne A.
Osmus, as Administrator of the Federal Aviation Administration, pursuant to Fed.
R. App. P. 43(c)(2).
** This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
***
The panel unanimously concludes this case is suitable for decision
without oral argument, and therefore denies Riggs’s request. See Fed. R. App. P.
34(a)(2).
David G. Riggs petitions pro se for review of a final order of the National
Transportation Safety Board (“NTSB”) revoking his pilot certificate. We have
jurisdiction under 49 U.S.C § 1153(a). We must uphold the NTSB’s decision
unless it is arbitrary, capricious, an abuse of discretion, or not otherwise in
accordance with the law. Kolek v. Engen, 869 F.2d 1281, 1285 (9th Cir. 1989).
We deny the petition for review.
The NTSB did not abuse its discretion when it determined that the severity
of Riggs’s violations warranted revocation of his pilot’s certificate. See id at 1285-
86 (finding no abuse of discretion in the NTSB’s revocation of a pilot’s certificate
where that pilot’s infractions were more severe than others who had received
suspensions); see also Administrator v. Oliveira and Morais, NTSB Order No. EA-
4995 (Sept. 17, 2002).
Riggs’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.
2 09-71516