### PETITION

FAR PART 61.23 CHANGES

Petitioner

Name: Steven J. Rossiter Mailing Address: PO Box 16446 Missoula, MT 59808-6446 Primary Phone: 406 529-1601 Secondary Phone: 406 542-5177

Fax: 817 549-5177

E-Mail: AOPA32S@aol.com

Executive Summary

In the early part of the last century, when the concept of th e aviation medical was conceived, there were many unknowns as to how the physiology of the pilot might be affected operating in the atmosphere. In the intervening years medi cal science has progressed tremendously and much of what was unknown in the early part of the last century has been learned. The primary lesson that is germane concerning the aviation medical pr ocess is that the medical examination is an unreliable predictor of the health related su itability for any pilot on any given flight.

This Petition proposes the elimination of the Thir d Class Medical Certifi cate requirement for any pilot exercising Private Pilot privileges, Recreationa l Pilot privileges, or Student Pilot privileges.

Proposed FAR Part 61.23 Language Changes

Part 61.23(a)(3): Dele te in its entirety.

Part 61.23(b)(1): Delete in its entirety.

Part 61.23(b)(2): Delete in its entirety.

Part 61.23(b)(4)(i): De lete in its entirety.

Part 61.23(c)(1)(i): Change to re ad; A student pilot certificate.

Part 61.23(c)(1)(ii): Change to r ead; A sport pilot certificate.

Part 61.23(c)(1)(iii): Change to read ; A recreational pilot certificate.

Part 61.23(c)(1): Add; (iv) A private pilot certificate.

Part 61.23(c)(1)(iii): Change to; Part 61.23(c)(1)(v);Page 2 FAR Part 61.23 Change Petition - Steven J. Rossiter, Petitioner

Part 61.23(c)(2)(ii): De lete in its entirety.

Part 61.23(c)(2)(iii): Delete in its entirety.

Part 61.23(c)(2)(iv): Change to read; Part 61.2 3(c)(2)(ii) Not know or have reason to know of any medical condition that would make that pers on unable to operate an aircraft in a safe

manner.

Part 61.23(d)(3): Delete in its entirety.

Why this Petition is in the Public Interest

Since the implementation of the Third Class Medical process, history demons trates that there is no practical need for a medical certificate for pilots exercising Private Pilot privileges. The implementation of the driver’s license standa rd for Light Sport Pilots has graphically demonstrated that pilots can safely fly (from a medical standpoint) for their own benefit with little or no negative impact on the general public. The public interest is served by the creation of a more vibrant aviation community by elim inating one barrier to the process.

For whatever reasons, Aviation Medical Ex aminers (AME) are choosing to discontinue functioning in that role. It w ould be a public benefit to reduce the work load of the remaining AMEs, so they can better focus on serving the n eeds of the professional pilot who are working in

commercial aviation sector.

In conjunction with the AME issue, eliminati ng the demand for the Third Class Medical would

reduce the work load for the Federal Aviation Admi nistration. This reduced work load would benefit the general public by redire cting tax dollars to areas where they are needed more in other

areas in the FAA.

A major additional public benefit is that these changes will simplify the process of becoming a Private Pilot or Recreational and for all pilots to more easily exercise the privileges of a Private

Pilot.

Whenever an administrative process can be simp lified it is in the public interest to do so.

Supporting Arguments

Eighty or more years ago, when the initial requirements were laid out establishing the requirement for pilots to continually meet medi cal standards, little was known about how the human body would perform on an on going basis when exposed the environment of the sky. In the intervening years th e physiology of flight has moved fr om the unknown to a time where we now have a good understanding of the physiology of f light. Modern day pilots know more aboutPage 3 FAR Part 61.23 Change Petition - Steven J. Rossiter, Petitioner

the physiology of flight than medical doctors di d when the original medical standards were established. More important, we now know that a medical examination is no more than a snapshot in time as to the medical condition of a pilot. Because of this, requiring a pilot who is merely exercising the privileges of a Private Pilot or Recreational pi lot, to meet a standard more stringent than holding a driver’s license does nothing to enhance av iation safety. Furthermore, holding pilots to the stan dards of the Third Class Medical Cer tificate is simply not accomplishing any practical goal.

The medical certificate is not the determining fact or in the safe operation of any aircraft, pilot qualifications, recent experience, a nd the pilot’s assessment of his medical fitness for flight is.

The medical certificate, in and of itself, has never been the determining factor concerning a pilot’s medical fitness to fly. It is, and always has been, the res ponsibility of the individual pilot, at the time of the flight, to make the determination as to whether or not he/she if medically fit to fly.

There is no demonstrable reason why experienced p ilots (i.e. those who have held a Private Pilot or higher certificate) cannot opera te any aircraft they are fully qualified in safely without the requirement for a medical certificate.

The Third Class Medical Certificate is a financ ial and administrative bu rden on the individual pilot, the individual medical examiner, and on the FAA. There is no data available that would

cause one to believe that the Third Class medical Certificate is a measurable enhancement to aviation safety.

Supporting Facts

The historic aviation accident rate and causal fa ctors do not support the current system and the requirement for a Third Class Medical Certificate.

The lack of factual support for the current system thus dictates that it is time to take action to eliminate a program that serves no useful purpose.

Cost Benefit

The cost benefit is quite clear. There would be a direct cost reduction to the pilot. There would

also be a direct and indirect co st reduction to both the Aviation Medical Examiner and the FAA.

In today’s economic times, any action that can be taken to reduce the costs of doing business needs to be seized upon.Page 4 FAR Part 61.23 Change Petition - Steven J. Rossiter, Petitioner

Regulatory Burden

Implementing the proposed changes will signif icantly reduce the regulatory burden on individuals, small busine sses, and Indian Tribes.

Recordkeeping Burden

Implementation of the proposed changes to FAR Part 61.23 will markedly reduce the recordkeeping burden for individual pilots, Aviation Medical Examiners, and the FAA.

Implementation of the proposed changes will stre amline one small portion of the administrative recordkeeping processes in aviation.