Comment from Alan Farkas, SmithAmundsen Aerospace

In the interest of remaining true to the intent of the Pilot's Bill of Rights while recognizing the abilities of the Federal Judiciary, 821.64 should be revised to recognize that review at the District Court level affords the respondent a DeNovo trial on the merits, whereas an appeal to the appropriate Court of Appeals (from either the District Court, or directly from the Board's decision) should be confined to the record compiled (by the District Court or Board, respectively). Note, in addition to representing respondents in Board proceedings, I serve as Chairman of the Legal Advisory Council of Experimental Aviation Association.