Patrick Theo Freiwald v. Federal Aviation Administration
686 F. App'x 719
| 11th Cir. | 2017Background
- Patrick Freiwald, a certificated aircraft mechanic with inspection authorization, performed maintenance and an annual inspection on a Beechcraft B23 in 2015 and made logbook entries certifying repairs (fuel selector valve, flight control cable, trim tab) and that the aircraft was airworthy.
- The owner and two other mechanics/pilots (Greenberger, Charlton, Clary) observed a fuel leak and stiff controls and refused to fly the aircraft; Clary and Charlton later partially disassembled or inspected components and found signs inconsistent with Freiwald’s log entries.
- An FAA inspector (Honig) inspected the aircraft, photographed parts, concluded the work claimed in the logbook was not done or was done improperly, and the FAA issued an Emergency Order revoking Freiwald’s mechanic certificate and inspection authorization for alleged fraudulent logbook entries and improper maintenance.
- At an ALJ hearing, witnesses (owner, Charlton, Clary, Honig, Freiwald) testified and the ALJ found Freiwald intentionally falsified entries as to the fuel selector valve, trim tab, return-to-service/airworthiness, and annual inspection, revoking his certificates; the ALJ rejected two other allegations (battery, blind rivets).
- The NTSB remanded for explicit credibility findings and to allow limited consideration of Freiwald’s DVD evidence; on remand the ALJ heard the DVD, excluded still photos and Freiwald’s wife’s testimony as outside the remand scope, again found FAA witnesses credible and Freiwald not credible, and the NTSB affirmed revocation as to four alleged violations but reversed as to one (flight control cable adjustment).
- The Eleventh Circuit affirmed the NTSB’s final order, dismissing some new arguments as unexhausted and holding the agency’s factual findings and evidentiary rulings were supported by substantial evidence and not arbitrary or capricious.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ/NTSB credibility findings were supported | Freiwald claimed his repairs occurred and DVD/still photos/wife’s testimony would impeach witnesses | FAA/NTSB argued witnesses’ testimony and photographs supported ALJ credibility findings; DVD did not rebut | Court: ALJ/NTSB credibility findings supported by substantial evidence; affirmed |
| Whether Freiwald violated FAA maintenance and falsification regulations | Freiwald argued he performed required work and returned aircraft airworthy | FAA argued log entries were false/material and work not done; intentional falsification shown by record | Court: Substantial evidence supports violations of 14 C.F.R. §§43.13, 43.15, 43.12(a)(1); affirmed revocation |
| Scope of NTSB remand and admissibility of additional evidence on remand | Freiwald argued ALJ abused discretion by excluding still photos and wife’s testimony and not compelling FAA witnesses to attend | NTSB/ALJ argued remand limited to DVD, excluded other evidence as outside scope or cumulative | Court: ALJ/NTSB did not abuse discretion; exclusions appropriate and within remand scope |
| Consideration of new claim re: inspector’s conduct (unexhausted issue) | Freiwald later alleged Honig falsified report and violated FAA rules | FAA/NTSB argued issue was not raised before NTSB and thus unexhausted | Court: Claim dismissed as unexhausted under 49 U.S.C. §1153(b)(4) |
Key Cases Cited
- Coghlan v. N.T.S.B., 470 F.3d 1300 (11th Cir.) (even one intentional falsification justifies revocation of airman certificates)
- Zukas v. Hinson, 124 F.3d 1407 (11th Cir.) (agency decisions reviewed under arbitrary and capricious standard)
- Swaters v. Osmus, 568 F.3d 1315 (11th Cir.) (definition of substantial evidence review)
- City of Pompano Beach v. F.A.A., 774 F.2d 1529 (11th Cir.) (court defers to agency choice between fairly conflicting views; not to reweigh evidence)
- Hart v. McLucas, 535 F.2d 516 (9th Cir.) (three-part test for proving intentional falsification: false representation, materiality, knowledge of falsity)