AFS

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- E Exemption No. 10654

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

BIL LY G. WITT Regulatory Docket No. FAA

- 20 12

- 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 relie f from the followin g regulation s:

Section 61.23(a)(3)(vi) prescribes, in pertinent part, that for o perations requiring a medical certificate, e xcept as provided in paragraphs (b) and (c) of this section, a

person m ust hold at least a third

- class medical certificate w hen taki ng 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 e xcept as provided in para graphs (b) and (c) of this section, to be eligible for a practical test for a certificate or rating

issued und er this part, an applicant must h old at least a third

- class medical certificate, if a medical certificate is required2

The petitioner supports it s request with the following information:

The petitioner states he currently holds a special issuance third

- class medical certificate that expire d at the end of June

, and he needs to complete his private pilot training. Mr.

Witt states that his medical co nditi on has not changed

, h owever, 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 privat e pilot practical test in a properly equipped light

- sport aircraft. T hen, until a new medical certificate is issued, continue to fly light

- sport aircraft under light

sport 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.

Th e 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 assur ance that those applicants

meet the minimum physical requirements need ed 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 the3

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