Legislation Opposes FAA Efforts To Change Medical Certification Process To Test For Sleep Apnea

Two industry groups ... the NBAA and the NetJets Association of Shared Aircraft Pilots (NJASAP) ... have weighed in on legislation introduced late last week that would compel the FAA to consult with industry stakeholders through the established rulemaking process before issuing any requirement for some pilots to undergo screening for obstructive sleep apnea (OSA) prior to receiving a medical certificate.

The legislation, H.R.3578, is sponsored by House aviation subcommittee chairman Frank LoBiondo (R-2 NJ) and co-sponsored by six other members of the House General Aviation (GA) Caucus. The bill seeks to ensure “that any new or revised requirement providing for the screening, testing, or treatment of an airman...is adopted pursuant to a rulemaking proceeding.”
 
“We thank Representative LoBiondo and other House lawmakers for recognizing that a policy of this magnitude must be vetted through the established rulemaking process, which has proven to be effective so many times in the past,” NBAA President and CEO Ed Bolen said. “It is imperative that any new burden on aviators, in this case pilots, be thoroughly analyzed in consultation with stakeholders.”

The NetJets Association of Shared Aircraft Pilots (NJASAP) is also voicing its support for the bipartisan legislation. 

"Certainly, NJASAP supports initiatives intended to enhance operational safety across the industry," NJASAP President FO John Malmborg said. "However, the FAA's proposed Obstructive Sleep Apnea Policy, which came as a surprise, gives us pause and raises numerous questions." Giving all stakeholders the opportunity to comment through the established rulemaking process, Malmborg continued, would go a long way toward alleviating the Union's unease and ensuring any resulting policy achieves broader safety objectives.

"Until that time," NJASAP Vice President of Industry Affairs Capt. Coley George said, "the Association is unable to take a position on the policy; however, as an industry stakeholder, we seek to take an active role in the process and will actively pursue Congressional support for the commonsense legislation introduced … by House Aviation Subcommittee Leadership."

FMI: www.nbaa.org, www.njasap.com