"Matt Whiting" wrote in message
...
Gary Drescher wrote:
The AIM presents the FAA's current official definition of "known icing
conditions". So any case law decided on the basis of prior explicit or
implicit definitions is no longer applicable.

But isn't it the NTSB that usually makes the final determination on the
appeal?

No, the courts do. Our system of government has independent executive,
legislative and judicial branches that provide checks and balances on one
another. No executive or legislative agency is invulnerable to judicial
review.

Here's what the NTSB itself says about it: "If either the FAA or
the airman is dissatisfied with the [administrative law] judge's decision,
a further appeal may be taken to the NTSB's full five-member Board.
If the airman or FAA is dissatisfied with the full Board's order, either
may obtain judicial review in a federal appeals court. However, the
FAA can only appeal the Board's order in cases that it determines
may have a significant adverse impact on the implementation of the
Federal Aviation Act."
(http://www.ntsb.gov/abt_ntsb/olj.htm)
--Gary