NBAA welcomes positive senate, FAA developments on sleep Apnea-Screening policy

The National Business Aviation Association (NBAA) today reported that the Federal Aviation Administration’s (FAA’s) controversial proposal for mandating obstructive sleep apnea (OSA) screening for some pilots has taken center stage in Washington, with welcome developments on the issue in the U.S. Senate and at the FAA.

On Capitol Hill, Sens. Joe Manchin (D-WV) and James Inhofe (R-OK), members of the Senate General Aviation (GA) Caucus, today introduced a measure (S.1941) to require the FAA to follow the established rulemaking process as the agency seeks to implement its OSA-screening requirement. Sens. Mark Begich (D-AK) and Mike Johanns (R-NE), original co-sponsors of the bill, are co-chairs of the Senate GA Caucus. The Senate legislation is similar to a bill (H.R.3578) introduced last November by House Aviation Subcommittee Chairman Frank LoBiondo (R-2-NJ).

“NBAA thanks Senators Manchin, Inhofe, Begich and Johanns for their leadership on this issue,” said NBAA President and CEO Ed Bolen. “The FAA’s OSA-screening proposal, carrying the effect of a rule or regulation with significant industry impact, should be subject to complete transparency, including input from the people in the industry who have the most at stake from the agency’s suggested action.”

In addition to the introduction of the Senate bill, the FAA held a meeting with aviation stakeholders today, in which agency officials signaled their intention to revise the OSA-screening proposal, and share the revised document with industry.

Doug Carr, NBAA vice president of regulatory and international affairs, represented business aviation interests at today’s FAA meeting, which was held by Federal Air Surgeon Dr. Frederick Tilton, who had announced plans to hold the gathering last month. Carr noted that, during today’s meeting, FAA officials said that, in response to the concerns raised by NBAA and other aviation stakeholders, the agency is planning to draft a revised version of the OSA-screening plan, accounting for elements of industry’s concern. Agency officials have indicated their desire to make a written draft of the revised plan available prior to implementing any permanent change.

“We appreciate the Federal Air Surgeon’s effort to provide an opportunity for NBAA and others to express the concerns we have heard from many people in the aviation community,” Bolen said. “While we view the FAA’s apparent readiness to consider revisions to its OSA-screening plan as an initial good step, we want an opportunity to review the details of the revised policy before coming to any conclusions about it. We will also continue to support the House and Senate legislation on the matter, because those measures speak to our ongoing concern about the need for industry input through a formal rulemaking process.” 

Today’s developments in the Senate and at the FAA come in the wake of an announcement from the FAA in November 2013 that the agency would soon move ahead with a plan for mandating that pilots with a body mass index (BMI) of 40 or greater be screened for OSA before receiving a medical certificate.

Source: NBAA

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