Patrick Theo Freiwald v. Federal Aviation Administration

686 F. App'x 719
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 24, 2017
Docket16-13067 Non-Argument Calendar
StatusUnpublished

This text of 686 F. App'x 719 (Patrick Theo Freiwald v. Federal Aviation Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick Theo Freiwald v. Federal Aviation Administration, 686 F. App'x 719 (11th Cir. 2017).

Opinion

PER CURIAM:

Patrick Freiwald, proceeding pro se, petitions for review of the National Transportation Safety Board’s (“NTSB”) final order. The NTSB affirmed the administrative law judge’s (“ALJ”) decision affirming the Federal Aviation Administration’s (“FAA”) revocation of Freiwald’s mechanic certificate and inspection authorization. On appeal, petitioner Freiwald challenges the ALJ’s credibility determinations, the finding that Freiwald violated FAA regulations, and several evidentiary rulings. After careful review, we affirm the NTSB’s final order and dismiss in part and deny in part Freiwald’s petition.

I. BACKGROUND FACTS

A. Freiwald’s Work on the Aircraft

Petitioner Freiwald, an aircraft mechanic, held a mechanic certificate and an inspection authorization issued by the FAA. In 2015, Freiwald performed maintenance and an annual inspection on a Beechcraft B23 (“the aircraft”) owned by Robert Greenberger. Freiwald completed an inspection checklist and made an entry in the aircraft’s maintenance logbook, indicating all the work he had performed and that his work complied with the Beechcraft Service and FAA manuals.

Relevant to this appeal, Freiwald stated in the logbook entry that he had removed and reinstalled the fuel selector valve “with new seals, O-rings, lock rings” and that he did not observe any leaks; that he had adjusted the tension of the flight control cable and lubricated it; and that he had adjusted and lubricated the “trim tab free-play.” Freiwald also certified that the aircraft was airworthy, and he returned it to service.

When Greenberger arrived to pick up the aircraft, he was accompanied by Larry Gordon, his personal flight instructor, and Scott Charlton, an aircraft mechanic, flight instructor and commercial pilot, who were to fly the aircraft for Greenberger. Green-berger, Gordon, and Charlton observed problems with the aircraft, including stiff flight controls and a fuel leak. Concerned, Gordon and Charlton told Greenberger they would not fly the aircraft.

Greenberger had Charles Clary, an airframe mechanic with a shop at the airport, tow the aircraft to a nearby hangar. Later, Greenberger asked: (1) Clary to fix the fuel leak; and (2) Charlton to work on the aircraft’s trim controls. Based on their work on the aircraft, both Charlton and Clary concluded that Petitioner Freiwald either had not performed the work he said he had, or had performed the work improperly.

B. FAA Inspection and Emergency Order

Greenberger lodged a complaint against Petitioner Freiwald with the FAA. FAA Inspector Alexander Honig conducted an onsite inspection, at which he watched Clary partially disassemble the fuel selector valve, and took pictures. Inspector Honig concluded that petitioner Freiwald had performed the maintenance and annual inspection in a manner prohibited by *722 FAA regulations and had not returned the aircraft to service in an airworthy condition. Consequently, the FAA issued an Emergency Order.

The FAA’s Emergency Order alleged in sections I through VII that petitioner Fre-iwald improperly repaired the aircraft and made false entries in the maintenance logbook relating to: (1) the use of blind rivets on the aircraft’s lower flight control surface skins (“section I”); (2) the reinstallation of the fuel selector valve with new parts and no leaks (“section II”); (3) installation of a battery (“section III”); (4) the adjustment and lubrication of the flight control cable (“section IV”); (5) the adjustment and lubrication of the trim tab (“section V”); (6) the certification that the aircraft was in an airworthy condition and was returned to service (“section VI”); and (7) the certification that the annual inspection had been performed (“section VII”). The FAA determined that Freiwald’s acts of falsifying maintenance records demonstrated that he lacked the degree of care, judgment, and responsibility required of a certificate holder and constituted an emergency related to safety in air commerce. Thus, the FAA revoked Freiwald’s airman mechanic’s certificate and inspection authorization.

C.ALJ’s First Hearing

Petitioner Freiwald appealed the Emergency Order. At an ALJ hearing, Green-berger, Charlton, Clary, Inspector Honig, and petitioner Freiwald all testified. In addition, the FAA submitted, inter alia, numerous photographs of the aircraft and various parts, the pertinent portions of the aircraft’s maintenance logbook, excerpts from the relevant Beechcraft service manual and FAA advisory circular, and Frei-wald’s annual inspection checklist. Petitioner Freiwald attempted to introduce a DVD containing videos he had taken of the aircraft during a post-maintenance “ground run,” but the ALJ stated that there was no way to look at the DVD.

After the evidence was presented, the ALJ found that Petitioner Freiwald made intentionally false logbook entries about: (1) maintenance he performed on the aircraft’s fuel selector valve; (2) adjustments he made to the aircraft’s trim tab free-play; (3) adjustments he made to the flight control cables; (4) returning the aircraft to service meeting type design and in a condition for safe operation; and (5) his completing the annual inspection and certifying that the aircraft was airworthy, as alleged in sections II, IV, V, VI and VII of the Emergency Order. 1 Therefore, the ALJ affirmed the FAA’s decision to revoke Petitioner Freiwald’s mechanic certificate and inspection authorization.

D. NTSB Remand

Petitioner Freiwald appealed. The NTSB remanded for the ALJ “to make credibility determinations” as to the five established violations “based explicitly on factual findings in the record and to reconvene the evidentiary hearing for the limited purpose of considering [Freiwald’s] DVD evidence.” The NTSB instructed the ALJ to “provide the parties an opportunity to examine the witnesses concerning the DVD evidence, present evidence to rebut the DVD, and supplement closing arguments.”

E. ALJ’s Second Hearing

At the reconvened ALJ hearing, petitioner Freiwald was permitted to play the *723 DVD videos and testify about what they showed. When the ALJ pointed out to petitioner Freiwald that the videos did not show the undercarriage of the aircraft where the fuel leak was seen, Freiwald said he had “still photographs” and that his wife, who was present when the videos of the ground run were made, could testify that there was no leak. The ALJ did not allow petitioner Freiwald to introduce the still photographs or call his wife as witness, explaining that Freiwald could have introduced this evidence at the earlier hearing and that the NTSB’s remand was for the limited purpose of considering the video evidence.

The ALJ addressed the video evidence and concluded that it did not support petitioner Freiwald’s claims or rebut the FAA’s evidence.

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686 F. App'x 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-theo-freiwald-v-federal-aviation-administration-ca11-2017.