Pham Petition for Rehearing
On May 10, 2022, the United States Court of Appeals for the District of Columbia rendered a decision in Pham v. NTSB and FAA, Case Nos. 21-1062 and 21-1083. The Court found the NTSB did not display sufficient deference to the FAA in imposing sanction. On May 20, 2022, Pham filed a Petition for Rehearing and Rehearing En Banc arguing the effect of the Court’s decision was to undermine the Pilot’s Bill of Rights. Congress, in passing the Pilots Bill of Rights, removed language from 49 USC Sec. 44709(d)(3) saying the NTSB was bound by the FAA’s policy guidance with respect to sanction.