Page 26 - Volume 18 Number 1

NATIONAL BUSINESS AVIATION ASSOCIATION • focus
FAA Sleep Apnea Policy Alarms NBAA and Business Aircraft Operators
An announcement from the FAA’s Doug Carr, NBAA vice president for safety,
Federal Air Surgeon outlining planned
aeromedical guidelines on obstructive sleep apnea (OSA) raised alarm with NBAA, the association’s members, other aviation industry organizations, and lawmakers in the final weeks of 2013.
In an editorial published in a November newsletter, the Federal Aviation Administration’s (FAA’s) Federal Air Surgeon reported the agency “will be releasing shortly” a policy requiring that pilots with a body mass index (BMI) of 40 or greater undergo screening for sleep apnea prior to receiving a medical certificate.
The newsletter commentary added that, over time, additional pilots would be required to submit to OSA screening, as the agency lowers the BMI threshold. Furthermore, it was later revealed that the agency would require pilots to bear the significant costs of OSA screening, and obtaining the requisite equipment to treat the condition, if necessary.
The FAA has also suggested that this policy would eventually apply to all pilots, regardless of the class of medical certificate or the operation in which the pilot flies – a significant concern for all operators, but especially for those flying smaller aircraft in support of their businesses.
Although no formal guidance has been issued at this time, the apparent policy shift – made outside the established rulemaking process, which typically includes feedback from industry stakeholders – was met with strong rebukes from throughout the GA community.
security, operations & regulation, expressed the Association’s concern that the agency has apparently considered a significant policy shift without first consulting with industry stakeholders, including NBAA and other general aviation advocacy groups.
“We’re concerned that it appears the FAA intends to roll out a policy of this magnitude without first taking input from the very people in the aviation community who stand to be impacted by it,” Carr added.
Lawmakers quickly responded to industry concerns, with Rep. Frank LoBiondo (R-2-NJ), the House Transportation & Infrastructure Committee’s Aviation Subcommittee Chairman, introducing legislation, co-sponsored by six other members of the House General Aviation (GA) Caucus, to compel the FAA to consult with industry stakeholders through the established rulemaking process before issuing any requirement on OSA screening.
The full House Transportation Committee considered the matter in a December 4 hearing. In a letter provided to the committee, NBAA President and CEO Ed Bolen noted that, “Concerns about OSA are understandable, which is why today, untreated OSA is a disqualifying medical condition for flying. However, there is no definitive causal link between undiagnosed OSA and any impact on flight safety.” In addition, Bolen said, “There appears to be little or no data to suggest that mandating this additional screening requirement will improve aviation safety.”
The bill, H.R. 3578, was approved by the committee at the Dec. 4 hearing, and has now
24 • TWIN & TURBINE JANUARY 2014