Medical Certification Requirements for Airmen and Air Traffic Controllers Relating to Sleep Disorders

Floor Speech

Mr. GRAVES of Missouri. Mr. Speaker, as a general aviation pilot myself, I was shocked when the FAA Air Surgeon, Dr. Fred Tilton, announced a forthcoming guidance to require additional testing for pilots, as was mentioned, with the arbitrary numbers of a BMI of 40 and a neck size of 17 inches. Not only did he indicate in December that the FAA would move forward with this new guidance on sleep apnea, but that it would challenge Congress by saying:

If Congress passes a law to force industry consultation, we will be compliant; but until they do so, we will move forward with our guidance.

Today, Congress is acting against the FAA's egregious assumption that these pilots pose a safety risk if untreated. When it comes to the general aviation community's safety record, there is simply no data or evidence to suggest that sleep apnea--or any other medical issue for that matter--is the cause behind general aviation accidents. In fact, most of these accidents happen as a result of weather. GA pilots know that, every time they get into a plane, they are taking their own lives into their hands as well as the lives of others. So, naturally, pilots are not going to knowingly put themselves into an unsafe situation.

What is so absurd about this process is just the medical certification in general. The FAA requires GA pilots--or any pilot for that matter--to go through certification every 2 years for a third-class medical and certification every year for a first- or a second-class medical, but there is nothing in that process that guarantees a pilot's fitness to fly within that time period. It is up to the pilot to determine his fitness to fly himself or herself, and he or she knows best.

General aviation supports 1.2 million jobs, and it contributes $150 billion annually to the GDP. There are 223,000 general aviation aircraft out there serving 19,000 small and regional airports. It accounts for 27 million flight-hours, and it serves 166 million passengers every year. It is more important than most people realize, and adding burdensome regulations like the FAA is proposing on sleep apnea do nothing but discourage further participation, at least in general aviation.

This rule would also have some dramatic effects on commercial aviation, which is also facing a pilot shortage in and of itself. Based on these arbitrary benchmarks, a pilot is going to be required, as was pointed out, to get further examinations and sleep tests, which is going to slow the process down that much more.

The outcry from the pilot community, both in general aviation and in commercial, has led to the introduction of this bill, H.R. 3578. It requires the FAA to go through the normal rulemaking process, which allows for public comment and requires them to analyze the impact of the regulation. The FAA should follow the rules, plain and simple. That is all we are asking. They should listen to pilots and take their viewpoints into account.

I want to thank Chairman LoBiondo and all of the others for sponsoring this piece of legislation and for joining me to make sure the FAA goes through the proper channels in issuing this regulation.

Similar legislation addressing sleep apnea for truckers was passed by both the House and Senate last fall, and it was signed by the President. I hope my House colleagues will join me in supporting this similarly commonsense piece of legislation.

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