Case Information
*1 Opinions of the United 2007 Decisions States Court of Appeals
for the Third Circuit 9-6-2007
Furline v. Administrator FAA
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-4981
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"Furline v. Administrator FAA" (2007). 2007 Decisions. Paper 470.
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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NO. 06-4981
________________ JOHN J. FURLINE, Petitioner v.
MARION BLAKEY, Administrator, Federal Aviation Administration; NATIONAL TRANSPORTATION SAFETY BOARD ____________________________________ On a Petition For Review of an Order of the National Transportation Safety Board Docket SE - 17279
Chief Administrative Law Judge: William E. Fowler, Jr. _______________________________________ Submitted Under Third Circuit LAR 34.1(a) September 5, 2007
BEFORE: RENDELL, HARDIMAN and COWEN, CIRCUIT JUDGES (Filed: September 6, 2007) _______________________ OPINION
_______________________
PER CURIAM
Respondent, the Federal Aviation Administration (“FAA”), suspended John J. Furline’s airman’s certificate for 180 days. The order was subsequently upheld by Chief Administrative Law Judge William E. Fowler, Jr. Furline’s appeal to the full National Transportation Safety Board (“NTSB”) was denied. Subsequently, Furline filed a pro se petition for review of the NTSB order. We will deny Furline’s petition for *3 review.
I. On September 17, 2003, Furline was administering a biennial flight review to the other occupant in his aircraft, Nardo J. Berardinelli. According to the FAA, upon final approach to Rostraver Airport, Furline operated his aircraft too close to another aircraft that had just landed at the airport, such that it created a collision hazard. Specifically, the FAA found that while Furline was on final approach to land at Rostraver Airport, another aircraft was practicing a “soft-field” landing on the runway. [1] This aircraft made a right turn off of the runway onto the taxiway. The FAA found that while Furline executed a “go-around,” he operated his aircraft in such a way that was careless or reckless in that Furline overflew the aircraft on the taxiway, and that his actions endangered the lives and property of others. Accordingly, the FAA issued an order suspending Furline’s airman’s certificate for 180 days. The FAA found that Furline had violated 14 C.F.R. §§ 91.111(a), 91.113(b), 91.113(f) and 91.13(a). [2] *4 Furline appealed this order to the NTSB. An evidentiary hearing was conducted before Judge Fowler on August 3, 2005. This hearing included the testimony of (among others) the two people in the aircraft exiting the runway, as well as Furline and Berardinelli. Judge Fowler affirmed the FAA’s order of suspension. Furline appealed this order to the full NTSB. On June 5, 2006, the NTSB denied Furline’s appeal. While it noted some inconsistencies in the testimony, it found that Judge Fowler took all of the testimony into account in affirming the FAA order of suspension.
Subsequently, Furline filed a motion to stay as well as a motion for
reconsideration with the NTSB. On November 15, 2006, the NTSB denied Furline’s motions. On December 4, 2006, Furline filed a petition for review in this Court.
II.
We have jurisdiction pursuant to 49 U.S.C. § 1153. We review the NTSB’s
factual findings according to the “substantial evidence” standard of review. See 49
U.S.C. §§ 1153(b)(3) and 44709(f). “Substantial evidence is such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion . . . taking into account
whatever in the record fairly detracts from its weight.” Ickes v. F.A.A.,
credibility.” Air East, Inc. v. Nat’l Transp. Safety Bd.,
III.
At the outset, we note that it appears that Furline’s 180-day suspension has
expired. While neither party has raised the issue, this Court must first analyze whether
the appeal is moot. See St. Paul Fire & Marine Ins. Co. v. Barry,
We have thoroughly reviewed the record in this case and conclude that substantial evidence exists for the NTSB’s order. For example, the NTSB credited Berardinelli’s testimony that Furline took control of the aircraft at 100 feet. Furthermore, the NTSB credited Berardinelli’s testimony that he would have continued to go straight and climb out, rather than bank right towards the aircraft on the taxiway. Additionally, the NTSB noted that the witnesses in the plane on the ground testified that they feared for *6 their safety due to Furline’s actions. As such, Furline’s petition for review is denied. Furline’s request to testify in person is denied.
Notes
[1] Based on testimony in the record, a “soft-field” landing requires more runway than one would normally use.
[2] Section 91.111(a) states that “[n]o person may operate an aircraft so close to another aircraft as to create a collision hazard.” Section 91.113(b) states that “[w]hen weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.” Section 91.113(f) states that “[e]ach aircraft that is being overtaken has the right-of-way and each pilot of an overtaking aircraft shall alter course to the right to pass well clear.” Finally, section 91.13(a) states that “[n]o person