The opinion
CUMMINGS, Circuit Judge,
dissenting.
I dissent because the majority is splitting hairs in condemning the no lithium rule. Ob-viouslyi the rule is aimed at two conditions: (1) the taker of prescribed lithium is given the medication because otherwise he or she is apt to suffer the disabling symptoms for which it is given and (2) the lithium itself can cause side effects that make the user disqualified to fly. It is simply pettifogging to remand this case to the Board since serious accidents may occur while the Board reconsiders the rule: it is obvious that the result will be the same, even though the rule will be recouched to satisfy the majority opinion. The Board should not be forced to redraft a rule which is already designed to prevent aircraft tragedies merely to satisfy this Court’s sensibilities.