Trusty Pilot is flying his brand new Cessna 182 off the coast of Daytona Beach, Florida. He has a Private Pilot Certificate with an instrument rating. Trusty does not check his fuel gages and runs out of fuel. But Trusty's A&P found out afterwards that his fuel gages were faulty. He does an emergency engine out approach at Daytona Beach Airport. Trusty lands without any damage to his brand new plane and no personal injury. Trusty immediately files a NASA/ASRP report. In the NASA report, Trusty discloses that he had an "emergency landing due to fuel exhaustion." The FAA pursues an enforcement action against Trusty, citing fuel mis-management and careless operations. Trusty files an appeal with the NTSB and the case is heard by the NTSB Administrative law judge. The FAA is seeking a 90 day suspension of Trusty's certificate. Trusty's attorney files a motion to dismiss because Trusty filed a NASA report. Does Trusty prevail and keep his certificate?