AFS-12-324-E

Exemption No. 10654

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

BILLY G. WITT Regulatory Docket No. FAA-2012-0437

 

for an exemption from §§ 61.23(a)(3)(vi)

and 61.39(a)(4) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION

 By letter dated April 10, 2012, Mr. Billy G. Witt, 2306 Ramsgate Drive, Henderson, NV 

89074, petitioned the Federal Aviation Administration (FAA) for an exemption from

§§ 61.23(a)(3)(vi) and 61.39(a)(4) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would allow Mr. Witt eligibility to take a private pilot 

practical test without holding an FAA third-class medical certificate.

The petitioner requests relief from the following regulations:

Section 61.23(a)(3)(vi) prescribes, in pertinent part, that for operations requiring a 

medical certificate, except as provided in paragraphs (b) and (c) of this section, a 

person must hold at least a third-class medical certificate when taking a practical test in 

an aircraft for a recreational pilot, private pilot, commercial pilot, or airline transport 

pilot certificate, or for a flight instructor certificate.

Section 61.39(a)(4) prescribes, in pertinent part, that except as provided in paragraphs 

(b) and (c) of this section, to be eligible for a practical test for a certificate or rating 

issued under this part, an applicant must hold at least a third-class medical certificate, if 

a medical certificate is required
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The petitioner supports its request with the following information:

The petitioner states he currently holds a special issuance third-class medical certificate 

that expired at the end of June, and he needs to complete his private pilot training. Mr. 

Witt states that his medical condition has not changed, however, he receives his 

medical care through the Veterans Administration which is often slow in processing 

paperwork.

Mr. Witt states that if this exemption is granted, he plans to continue his flight training 

and take the private pilot practical test in a properly equipped light-sport aircraft. Then, 

until a new medical certificate is issued, continue to fly light-sport aircraft under lightsport rules as other private pilots do.

Mr. Witt says that a grant of exemption would be in the public interest. The additional 

training he would receive would make him a safer, better trained and more confident 

pilot.

The petitioner states that denying his petition for exemption would be unfair. The 

general eligibility requirements for a private pilot certificate as stated in § 61.103 makes

no mention of a medical certificate.

 A summary of the petition was published in the Federal Register on June 12, 2012 (77 FR 

35103). No comments to Mr. Witt's petition were received. After the comment period closed, 

multiple comments were added to this docket by individuals who intended to comment on a 

separate petition for exemption. Those comments were unrelated to the specific relief 

requested by Mr. Witt, and they will be reviewed as part of the FAA's response to the petition 

filed under FAA-2012-0350.

The FAA’s analysis is as follows:

The FAA has a responsibility, imposed by Congress, to adopt such reasonable 

regulations for airman certification as are necessary to provide adequately for safety. 

Those regulations must apply generally to all persons applying for airman certificates. 

The task of establishing the criteria by which all individuals applying for an airman 

certificate or rating can be evaluated and assessed for eligibility is a difficult one. 

Among those criteria, the FAA has determined that holding at least a valid third-class 

medical certificate for applicants for a private pilot certificate is a reasonable 

requirement. This is a critical metric that provides some assurance that those applicants 

meet the minimum physical requirements needed to safely exercise the operating 

privileges of the appropriate pilot certificate.

The petitioner cites delays in the process of obtaining a special-issuance medical 

certificate from the Veteran’s Administration as part of the justification for the 
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exemption. The FAA finds that these issues do not represent sufficiently extenuating 

circumstances that would justify relief by way of an exemption. Those issues do not 

separate the petitioner from the general class of regulated people.

The FAA’s Decision:

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Billy G. Witt for an 

exemption from 14 CFR §§ 61.23(a)(3)(vi) and 61.39(a)(4) is hereby denied. 

Issued in Washington, D.C., on November 6, 2012. .

John S. Duncan

Deputy Director, Flight Standards

 Service