Eldon C. Hart v. John L. McLucas Administrator, Federal Aviation Administration, and National Transportation Safety Board

OPINION

Before SMITH, * HUFSTEDLER, Circuit Judges, and WOLLENBERG, ** District Judge. J. JOSEPH SMITH, Circuit Judge:

Eldon C. Hart is an aviation enthusiast of long standing. He now appeals from a decision of the National Transportation Safety Board (hereinafter the NTSB) finding that Hart had violated 14 C.F.R. § 61.-59(a)(2) 1 and ordering that Hart’s flight instructor certificate be suspended for nine months.

For the reasons stated below, we remand this case for further proceedings before the NTSB. Further proceedings are required because the NTSB applied an incorrect interpretation of §…