Alternative Pilot Physical Examination and Education Requirements, 3149-3167 [2016-31602]
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TABLE 2 TO PARAGRAPH (f)—TBH IN-SHOP INSPECTIONS—Continued
Repeat
inspection
interval
(not to
exceed)
Affected TBH P/N and feature
Applicable NMSB and
paragraph
Alternate NMSB instructions
acceptable for prior compliance
Pre-mod 72–J024 TBH—Mount
Lug Forging LE Areas—for a
TBH which has not exceeded
900 FCs since new on April 7,
2014.
Pre-mod 72–J024 TBH—Mount
Lug Forging LE Areas—for a
TBH which has exceeded 900
FCs since new on April 7, 2014.
Post-mod 72–J024 TBH—Mount
Lug Forging LE and Cutback
Areas.
RB.211–72–AH154, Revision 5, Paragraph 3.B.
On-wing: RB.211–72–AH154, Revision 5, Section 3.A, or Inshop: RB.211–72–AG971, Revision 2, Paragraph 3.C.
Before exceeding 1,000
FCs since new.
1,000 FCs.
RB.211–72–AJ101, Paragraph 3.B.
On-wing: RB.211–72–AH154 Rev
5, Section 3.A, or In-shop:
RB.211–72–AG971, Revision 2,
Paragraph 3.C.
On-wing: RB.211–72–AJ101, Section 3.A, or In-shop: RB.211–
72–AG971 Rev 2, Paragraph
3.C.
Within 100 FCs after the
effective date of this
AD.
1,000 FCs.
Before exceeding 1,000
FCs since NMSB
RB.211-72–J024 embodiment.
1,000 FCs.
RB.211–72–AJ101, Paragraph 3.B.
(g) Credit For Previous Actions
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(1) If you performed inspections and
corrective actions on an engine before the
effective date of this AD, in accordance with
earlier versions of RR Alert NMSB RB.211–
72–AG971, Revision 2, dated May 5, 2016, or
RR Alert NMSB RB.211–72–AH154, Revision
5, dated May 5, 2016, you met the
requirements of paragraph (f)(1) or (2) of this
AD, as applicable.
(2) If, on or before April 7, 2014, you
performed the inspections and corrective
actions required by paragraphs (f)(1) and (2)
of this AD using RR Technical Variance (TV)
No. 124801, Issue 2, dated July 4, 2012 or
earlier versions; or RR TV No. 124851, Issue
2, dated July 4, 2012 or earlier versions; you
met the requirements for a mount lug run-out
inspection.
(3) If, on or before April 7, 2014, you
performed the inspections and corrective
actions required by paragraphs (f)(1) and (2)
of this AD using RR Repeater TV No. 132043,
Issue 1, dated March 25, 2013 or earlier
versions; or using RR Repeater TV No.
132217, Issue 5, dated May 23, 2013 or
earlier versions; you met the requirements for
the mount lug forging LE inspections of this
AD.
(h) Optional Terminating Action
(1) Accomplishment of corrective actions
required by paragraphs (f)(1) and (2) of this
AD does not constitute terminating action for
the repetitive inspections required by this
AD.
(2) Modification of an engine in accordance
with the instructions of RR SB RB.211–72–
J055, dated March 22, 2016, constitutes
terminating action for the repetitive
inspections required by paragraphs (f)(1) and
(2) of this AD for that engine, provided that,
following this modification, no affected TBH
is installed on that engine.
(i) Alternative Methods of Compliance
(AMOCs)
The Manager, Engine Certification Office,
FAA, may approve AMOCs for this AD. Use
the procedures found in 14 CFR 39.19 to
make your request. You may email your
request to: ANE-AD-AMOC@faa.gov.
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(j) Related Information
(1) For more information about this AD,
contact Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email:
robert.green@faa.gov.
(2) Refer to MCAI European Aviation
Safety Agency AD 2016–0193, dated
September 30, 2016, for more information.
You may examine the MCAI in the AD
docket on the Internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2013–1015.
(3) RR TV No. 124801, Issue 2, dated July
4, 2012; RR TV No. 124851, Issue 2, dated
July 4, 2012, Repeater TV No. 132043, Issue
1, dated March 25, 2013, and Repeater TV
No. 132217, Issue 5, dated May 23, 2013;
which are not incorporated by reference in
this AD, can be obtained from RR using the
contact information in paragraph (k)(3) of
this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Rolls-Royce plc (RR) Service Bulletin
RB.211–72–J055, dated March 22, 2016.
(ii) RR Alert Non-Modification Service
Bulletin (NMSB) RB.211–72–AJ101, dated
May 5, 2016;
(iii) RR Alert NMSB RB.211–72–AG971,
Revision 2, dated May 5, 2016; and
(iv) RR Alert NMSB RB.211–72–AH154,
Revision 5, dated May 5, 2016.
(3) For RR service information identified in
this AD, contact Rolls-Royce plc, Corporate
Communications, P.O. Box 31, Derby,
England, DE24 8BJ; phone: 011–44–1332–
242424; fax: 011–44–1332–245418, or email:
https://www.rolls-royce.com/contact/civil_
team.jsp.
(4) You may view this service information
at FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA 01803. For
PO 00000
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Initial inspection
information on the availability of this
material at the FAA, call 781–238–7125.
(5) You may view this service information
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
December 22, 2016.
Colleen M. D’Alessandro,
Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2017–00398 Filed 1–10–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 68, and 91
[Docket No.: FAA–2016–9157; Amdt. Nos.
61–140, 68–1, and 91–347]
RIN 2120–AK96
Alternative Pilot Physical Examination
and Education Requirements
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule will allow
airmen to exercise pilot in command
privileges in certain aircraft without
holding a current medical certificate.
This rule, which conforms FAA
regulations with legislation, is intended
to ensure that pilots who complete a
medical education course, meet certain
medical requirements, and comply with
aircraft and operating restrictions are
allowed to act as pilot in command for
most part 91 operations.
SUMMARY:
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This rule is effective on May 1,
2017.
Docket: Background documents may
be read at https://www.regulations.gov at
any time. Follow the online instructions
for accessing the docket or go to the
Docket Operations in Room W12–140 of
the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John
Linsenmeyer, General Aviation and
Commercial Division, AFS–800, Flight
Standards Service, Federal Aviation
Administration, 55 M Street SE., 8th
floor, Washington, DC 20003; telephone:
(202) 267–1100; email: 9-AWA-AFSBasicMed@faa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Executive Summary
The Federal Aviation Administration
(FAA) Extension, Safety, and Security
Act of 2016 (Pub. L. 114–190) (FESSA)
was enacted on July 15, 2016. Section
2307 of FESSA, Medical Certification of
Certain Small Aircraft Pilots, directed
the FAA to ‘‘issue or revise regulations
to ensure that an individual may operate
as pilot in command of a covered
aircraft’’ without having to undergo the
medical certification process under 14
CFR part 67 if the pilot and aircraft meet
certain prescribed conditions as
outlined in FESSA. The FAA is
amending parts 61 and 91 and creating
a new part 68 to conform to this
legislation.
This final rule implements, without
interpretation, the requirements of
section 2307 of FESSA. This rule
reiterates the provisions of section 2307
of FESSA and describes how the FAA
is implementing those provisions.
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II. Legal Authority and Administrative
Procedure Act
A. Authority for This Rulemaking
The FAA’s authority to issue rules on
aviation safety is found in Title 49 of the
United States Code (49 U.S.C.). Subtitle
I, Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority.
This final rule is promulgated under
the authority described in Subtitle VII,
Part A, Subpart iii, section 44701,
General Requirements; section 44702,
Issuance of Certificates; and section
44703, Airman Certificates. Under these
sections, the FAA is charged with
prescribing regulations and minimum
standards for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
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The FAA is also authorized to issue
certificates, including airman
certificates and medical certificates, to
qualified individuals. This rule is
within the scope of that authority.
This rule is further promulgated
under section 2307 of Public Law 114–
190, the FAA Extension, Safety and
Security Act of 2016. Section 2307,
Medical Certification of Certain Small
Aircraft Pilots, provides the
requirements and terms of this rule.
B. Administrative Procedure Act
The Administrative Procedure Act (5
U.S.C. 553(b)(3)(B)) requires an agency
to conduct notice and comment
rulemaking except when the agency for
good cause finds (and incorporates the
finding and a brief statement of reasons
therefor in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest. The FAA finds
that notice and the opportunity to
comment are unnecessary and contrary
to the public interest in this action
because the FAA has simply adopted
the statutory language without
interpretation and is implementing that
language directly into the regulations.
The FAA further finds that delaying
implementation of this rule to allow for
notice and comment would be contrary
to the public interest as to do so would
delay the new privileges Congress
sought to provide.
III. Background
A. Current Situation
In general, a person may serve as a
required pilot flightcrew member of an
aircraft only if that person holds the
appropriate medical certificate.1 14 CFR
61.3(c)(1). There are a few exceptions to
this requirement, such as for pilots
flying gliders, balloons, and/or lightsport aircraft. 14 CFR 61.3(c)(2).
A medical certificate provides
validation that a person meets FAA
medical certification requirements. Title
14, Code of Federal Regulations (14
CFR) part 67 provides for the issuance
of three classes of medical certificates—
first-, second-, and third-class medical
certificates.2 At minimum, a third-class
1 When referring to a ‘‘medical certificate’’ in this
final rule, the FAA is referring only to a current and
valid first-, second-, or third-class FAA airman
medical certificate issued under 14 CFR part 67,
which may have been issued under an
authorization for special issuance (‘‘special
issuance medical certificate’’).
2 In most cases, a first-class medical certificate is
required for operations requiring an airline
transport pilot (ATP) certificate. At minimum, a
second-class medical certificate is required for
operations requiring a commercial pilot certificate.
The requirement to hold a first or second class
medical certificate when exercising the privileges of
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medical certificate is required for
operations requiring a private pilot
certificate, a recreational pilot
certificate, a flight instructor certificate
(when acting as pilot in command or
serving as a required flight crewmember
in operations other than glider or
balloon), or a student pilot certificate.
An applicant who is found to meet the
appropriate medical standards,3 based
on a medical examination and an
evaluation of the applicant’s history and
condition, is entitled to a medical
certificate without restriction or
limitation.
A person obtains a medical certificate
by completing an online application
(FAA form 8500–8, Application for
Medical Certificate) using the FAA’s
medical certificate application tool,
MedXPress, on the FAA Web site and
undergoing a physical examination with
an FAA-designated Aviation Medical
Examiner (AME). The majority of
applicants are issued an unrestricted
medical certificate by an AME. An AME
may defer an applicant to the FAA for
further review (which may include
further examination by a specialist
physician) when there is information
indicating the existence or potential of
an adverse medical finding that may
warrant further FAA medical evaluation
and oversight. Title 14 CFR 61.23
specifies the duration of validity for
unrestricted medical certificates based
on the applicant’s age on the date of
examination. For third-class medical
certificates, certificates for airmen under
age 40 are valid for 5 years and for
airmen age 40 and over are valid for 2
years.
B. Section 2307, Medical Certification of
Certain Small Aircraft Pilots
Section 2307, Medical Certification of
Certain Small Aircraft Pilots, provides
that, within 180 days of enactment of
Public Law 114–190, the FAA
Extension, Safety and Security Act of
2016, the Administrator of the FAA
shall issue or revise regulations to
ensure that an individual may operate
as pilot in command of a covered
aircraft if certain provisions stipulated
in section 2307 of FESSA are met. Those
provisions, discussed further below,
include requirements for the person to:
• Possess a valid driver’s license;
• Have held a medical certificate at
any time after July 15, 2006;
• Have not had the most recently held
medical certificate revoked, suspended,
or withdrawn;
a commercial or airline transport pilot certificate is
not changed by this rulemaking.
3 Part 67 contains the requirements for medical
standards and certification.
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• Have not had the most recent
application for airman medical
certification completed and denied;
• Have taken a medical education
course within the past 24 calendar
months;
• Have completed a comprehensive
medical examination within the past 48
months;
• Be under the care of a physician for
certain medical conditions;
• Have been found eligible for special
issuance of a medical certificate for
certain specified mental health,
neurological, or cardiovascular
conditions;
• Consent to a National Driver
Register check;
• Fly only certain small aircraft, at a
limited altitude and speed, and only
within the United States;
• Not fly for compensation or hire.
The FAA notes that the use of this
rule by any eligible pilot is voluntary.
Persons may elect to use this rule or
may continue to operate using any valid
FAA medical certificate.4 The FAA
recognizes that a pilot who holds a
medical certificate may choose to
exercise this rule and not to exercise the
privileges of his or her medical
certificate. Even though a pilot chooses
not to exercise the privileges of the
medical certificate for a particular
operation, the FAA retains the authority
to pursue enforcement action to
suspend or revoke that medical
certificate where there is evidence that
the pilot does not meet the FAA’s
medical certification standards. 49
U.S.C. 44709(a).
IV. Pilot Requirements of Section 2307
of FESSA
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Section 2307(a)(1) through (7)
contains several requirements the pilot
must meet in order to act as pilot-incommand (PIC) of a covered aircraft.
The FAA is implementing those
requirements by revising § 61.23(c)(1)
and by adding new § 61.23(c)(3).5 The
following sections discuss the pilot
requirements of section 2307 and the
FAA’s implementation of those
requirements in more detail.
4 Section 2307(k) states the provisions and
requirements of the section do not apply to anyone
who elects to operate under § 61.23(b) and (c)—
which govern operations not requiring a medical
certificate and operations requiring either a medical
certificate or U.S. driver’s license, respectively.
Because this final rule amends § 61.23(c) to include
the relief outlined in FESSA, the reference to
§ 61.23(c) in section 2307(k) applies to that section
as it was written at the time the legislation was
enacted.
5 Section 61.23(c) currently addresses operations
that may be conducted using either a medical
certificate or a U.S. driver’s license.
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A. Applicability of Section 2307
Section 2307(a) states that an
‘‘individual’’ may operate as PIC of a
covered aircraft in accordance with the
requirements of FESSA. Thus, the
privileges of this rule are not limited to
persons holding a private pilot
certificate; it also applies to persons
exercising student pilot, recreational
pilot, and private pilot privileges and to
persons exercising flight instructor
privileges when acting as PIC.6
Accordingly, §§ 61.3 and 61.23 indicate
that persons exercising the privileges of
these certificates may act as PIC of an
operation conducted under the
conditions and limitations set forth in
§ 61.113.7 However, persons exercising
privileges of a student pilot or
recreational pilot certificate must
continue to operate consistent with the
limitations on their certificate.8 The
FAA is therefore adding new §§ 61.89(d)
and 61.101(k) to make clear that while
individuals exercising the privileges of
a student pilot or recreational pilot
certificates may operate under
§ 61.113(i), they must comply with the
limitations in §§ 61.89 and 61.101, as
applicable, when those limitations
conflict with § 61.113(i). Individuals
holding a private pilot certificate issued
on the basis of a foreign pilot license
under § 61.75 may also operate under
this rule, provided they meet the
requirements of §§ 61.23(c)(3) and
61.113(i). However, an individual who
is applying for a U.S. private pilot
certificate under § 61.75 is still required
to hold a medical certificate issued
under part 67 or a medical license
issued by the country that issued the
person’s foreign pilot license.9 Section
6 The FAA has found that, in conducting flight
training, the PIC is not carrying passengers or
property for compensation or hire, nor is acting as
PIC of an aircraft for compensation or hire. Final
Rule, ‘‘Pilot, Flight Instructor, Ground Instructor,
and Pilot School Certification Rules,’’ 62 FR 16220,
at 16242 (Apr. 4, 1997).
7 Section 61.113(i) contains the operating
requirements of section 2307. Section 61.23(a)(3)
requires a person to hold 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. Accordingly, this rule
contains a conforming amendment to allow these
pilots to operate under the conditions and
limitations of § 61.113(i) when taking a practical
test.
8 Section 61.89 contains the general limitations of
a student pilot. Section 61.101 contains the
privileges and limitations for recreational pilots.
9 Under § 61.75(b), a person who holds a foreign
pilot license issued by a contracting State to the
Convention on International Civil Aviation may be
issued a U.S. private pilot certificate based on the
foreign pilot license without any further showing of
proficiency, provided the applicant meets the
requirements of § 61.75. One of these requirements
is to hold a medical certificate issued under part 67
or a medical license issued by the country that
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2307 does not apply to persons
exercising privileges of a commercial
pilot certificate or an airline transport
pilot certificate because section 2307
prohibits operations for compensation
or hire.10 Persons exercising privileges
of a commercial pilot or ATP certificate
must continue to hold a first or second
class medical certificate in accordance
with § 61.23(a)(1) and (2).
B. Valid Driver’s License (§ 61.23(c)(1)
and (c)(3))
Section 2307(a)(1) of FESSA requires
that, to be eligible to act as PIC without
a medical certificate, an individual
possess a valid driver’s license issued
by a State, territory, or possession of the
United States and comply with all
medical requirements or restrictions
associated with that license. As with
other FAA regulations, the FAA
interprets ‘‘valid driver’s license’’ to
mean a current and valid U.S. driver’s
license. Each State will determine what,
if any, medical requirements or
restrictions are necessary and associated
with each driver’s license issued.
The FAA is implementing section
2307(a)(1) by revising § 61.23(c)(1) and
by adding new § 61.23(c)(3). The FAA is
adding paragraphs (v) and (vi) to
§ 61.23(c)(1) to require a person
exercising a student pilot certificate,
recreational pilot certificate, private
pilot certificate, or flight instructor
certificate (while acting as the pilot in
command or as a required flight
crewmember) to hold and possess either
a medical certificate or a driver’s license
issued by a State, territory, or
possession of the U.S. when operating
under this rule. Additionally, the FAA
is adding new § 61.23(c)(3) to require a
person using a U.S. driver’s license to
meet the requirements of § 61.23(c)(1)
while operating under section 2307 of
FESSA to comply with all medical
requirements or restrictions associated
with his or her U.S. driver’s license.
The FAA notes that, while some
pilots use an official passport as a valid
form of photo identification under
§ 61.3(a)(2), it does not meet the
requirements of section 2307(a)(1) of
FESSA. All pilots, including pilots who
were issued U.S. private pilot
certificates in accordance with § 61.75,
issued the person’s foreign pilot license. 14 CFR
61.75(b)(4).
10 The FAA notes that § 61.113 provides that
certain activities conducted by a private pilot acting
as PIC are excepted from the general prohibition on
operations conducted for compensation or hire.
These activities are listed in § 61.113(b)–(h).
Although the FAA considers these activities to be
operations involving compensation or hire, the
compensation or hire exceptions for these
operations permit these operations to be conducted
under this rule.
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must hold a U.S. driver’s license to
operate under this rule. An international
driver’s license or any driver’s license
issued by a country or territory other
than the United States does not suffice
to meet this requirement.
Individuals who do not have a
medical certificate and whose driver’s
license has been revoked or rescinded
for any reason are not eligible to use this
rule, unless and until the driver’s
license is reinstated. Any restrictions on
a driver’s license (e.g., corrective lenses,
prosthetic aids required, daylight
driving only) also apply under this rule.
Since FESSA requires the individual
to possess a driver’s license, pilots are
required to have the driver’s license in
their personal possession when
operating using this rule.
C. Medical Certificate Issued by the FAA
(§ 61.23(c)(3)(i)(B))
Section 2307(a)(2) of FESSA requires
that the individual (1) hold a medical
certificate issued by the FAA on the
date of enactment of Public Law 114–
190, (2) have held a medical certificate
at any point during the 10-year period
preceding the date of enactment, or (3)
obtain a medical certificate after the
date of enactment. Because Public Law
114–190 was signed into law on July 15,
2016,11 the FAA calculates the 10-year
period preceding the date of enactment
as beginning on July 15, 2006. Thus, at
any point after July 14, 2006, a person
must have held a medical certificate
issued under part 67. The FAA is
implementing this requirement in
§ 61.23(c)(3)(i)(B).
Consistent with section 2307(a)(3) of
FESSA, the medical certificate required
under § 61.23(c)(3)(i)(B) may have been
a first-, second-, or third-class medical
certificate, including a medical
certificate issued under an authorization
for special issuance (‘‘special issuance
medical certificate’’).
A person who has not held a medical
certificate at any point after July 14,
2006, must obtain a medical certificate
issued under part 67. After that medical
certificate expires, that person may use,
or continue to use, the alternative pilot
physical examination and education
requirements, provided that person
meets the other conditions and
limitations.
For individuals relying on an already
expired certificate, a person should use
the date that his or her most recent
medical certificate expired to determine
whether it meets the 10-year period
look-back described in FESSA. Specialissuance medical certificates are always
time-limited and will explicitly state the
11 Public
Law 114–190.
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date when the certificate expires or is no
longer valid. Therefore, any specialissuance medical certificate with an
expiration date on or after July 15, 2006,
would meet the 10-year look-back
requirement.
Unrestricted (‘‘regular issuance’’)
medical certificates do not list a specific
expiration date. Therefore, persons with
an unrestricted FAA medical certificate
should refer to the ‘‘Date of
Examination’’ displayed on the
certificate, and then use § 61.23(d) to
determine when it expired for
operations requiring a third-class
medical certificate.12 The expiration
date is based on a person’s age on the
date of the examination as calculated
from his or her date of birth (i.e., ‘‘under
age 40’’ vs. ‘‘age 40 and over’’). For
example, a person born on January 2,
1963 would be ‘‘under age 40’’ if the
date of examination was January 1,
2003, but would be ‘‘age 40 and over’’
if the examination occurred one day
later on January 2, 2003. The FAA
advises individuals to carefully review
§ 61.23(d), which specifies the duration
of medical certificates.13
Persons age 40 or over on the date of
their examination would meet the 10year period described in FESSA if their
examination was on or after July 15,
2004. This date is based on the two-year
validity period for third class medical
certificates issued to persons age 40 or
over. Persons under age 40 on the date
of their examination would meet the 10year period described in FESSA if their
examination was on or after July 15,
2003. This date is based on the threeyear validity period for third class
medical certificates issued to persons
12 The FAA notes that a first or second class
medical certificate lapses into a third class medical
certificate when it exceeds the duration period for
first or second class medical certificates under
§ 61.23(d). For example, for a pilot under the age
of 40, a first class medical certificate expires on the
12th month after the month of the date of
examination shown on the medical certificate.
Upon the date of expiration for a first class medical
certificate, the certificate would lapse into a third
class medical certificate.
13 On July 24, 2008, the FAA published a final
rule, ‘‘Modification of Certain Medical Standards
and Procedures and Duration of Certain Medical
Certificates,’’ that extended the duration of certain
medical certificates (73 FR 43059). Before the 2008
final rule, first-class medical certificates had a
maximum duration of 6 months, regardless of the
person’s age, while third-class medical certificates
had a maximum duration of 3 years for individuals
under age 40. With publication of the final rule, the
duration of first- and third-class medical certificates
for individuals under age 40 was extended to 1 year
for first-class medical certificates and 5 years for
third-class medical certificates. For persons over
age 40, the duration of first- and third-class medical
certificates remained 6 months and 2 years,
respectively.
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under 40 years of age that was in effect
prior to 2008.14
Individuals operating under this rule
are not required to carry or possess the
expired medical certificate when
operating under this rule.
D. Requirements of a Medical Certificate
(§ 61.23(c)(3)(ii) and (iii))
Section 2307(a)(3) of FESSA requires
that the most recent medical certificate
issued by the FAA to the individual: (1)
Indicates whether the certificate is
first-, second-, or third-class; (2) may
include authorization for special
issuance; (3) may be expired; (4) cannot
have been revoked or suspended; and
(5) cannot have been withdrawn.
The requirement that the medical
certificate indicate whether the
certificate is first-, second-, or thirdclass is captured in § 61.23(c)(3)(i)(B),
which requires the medical certificate to
have been issued under part 67.15 The
FAA is implementing the remaining
requirements of section 2307(a)(3) in
§ 61.23(c)(3)(ii) and (iii). Accordingly,
§ 61.23(c)(3)(ii) now states that the most
recently issued medical certificate: (1)
May include an authorization for special
issuance; (2) may be expired; and (3)
cannot have been suspended, revoked,
or withdrawn.
Thus, the most recently issued
medical certificate, which the person
must have held at any point after July
14, 2006, may have been a special
issuance medical certificate and may be
expired. However, it may not have been
suspended or revoked, or in the case of
an authorization for a special issuance
(i.e., a restricted medical certificate), it
may not have been withdrawn.
Unrestricted medical certificates can be
suspended or revoked if the certificate
holder does not meet the medical
standards of part 67 or as the result of
noncompliance with other regulatory
requirements. The FAA may also
suspend or revoke a medical certificate
on the basis of a reexamination of that
certificate under section 44709 of Title
49 of the United States Code.
Section 2307 of FESSA states that the
medical certificate ‘‘cannot have been
revoked or suspended.’’ Accordingly, if
14 Under the 2008 final rule that extended the
duration of third class medical certificates for
persons under the age of 40 from three years to five
years, the FAA construed the extended validity
period as ‘‘reviving’’ expired medical certificates if
those certificates would have been valid under the
extended period. For example, a third-class medical
certificate issued in 2004 (four years before the
effective date of the 2008 rule) expired in 2007.
When the 2008 final rule became effective, the FAA
applied the new five-year duration to the expired
certificate. Thus, the medical certificate was revived
and remained valid until 2009.
15 Under part 67, a person may be issued a
first-, second-, or third-class medical certificate.
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a person’s most recently issued medical
certificate has been suspended or
revoked, the person must apply for and
be issued a new medical certificate prior
to using the privileges afforded under
this rule. This holds true even if the
medical certificate was suspended and
reinstated because FESSA expressly
states that the certificate ‘‘cannot have
been . . . suspended.’’ 16 Therefore, if a
person’s last medical certificate was
under suspension at any point in time
that medical certificate cannot be used
for relief under this rule.
Further, if the person’s medical
certificate expired while under
suspension, the person must apply for
and be issued a new medical certificate
to use the privileges of this rule. This
requirement is based on the language in
FESSA stating that the certificate
‘‘cannot have been suspended.’’ The fact
that the certificate expired while under
suspension does not change the fact that
it was suspended (for purposes of
exercising relief under this rule).
Finally, § 2307 requires that the most
recently issued medical certificate
‘‘cannot have been withdrawn.’’ The
FAA notes that unrestricted medical
certificates may be denied, suspended,
or revoked and authorizations for
special issuances (i.e., restricted
medical certificates) may be denied or
withdrawn. Accordingly, the
requirement that the most recently
issued authorization for special issuance
cannot have been withdrawn is
implemented in § 61.23(c)(3)(iii).
sradovich on DSK3GMQ082PROD with RULES
E. Application for an Airman Medical
Certificate (§ 61.23(c)(3)(iv))
Section 2307(a)(4) of FESSA requires
that the most recent application for
airman medical certification submitted
to the FAA by the individual cannot
have been completed and denied. The
FAA is implementing this requirement
in § 61.23(c)(3)(iv).
Consistent with the Guide for
Aviation Medical Examiners and online
information on the Aerospace Medical
Certification Subsystem (AMCS), the
FAA considers an application to be
completed once the AME imports the
individual’s MedXPress application
data into AMCS.17 If an individual
16 If a person’s medical certificate is suspended,
modified, or revoked under § 67.413(b), that
suspension or modification remains in effect until
the person provides the requested information,
history, or authorization to the FAA and until the
FAA determines that the person meets the medical
standards set forth in part 67. 14 CFR 67.413(c).
17 ‘‘Information for Aviation Medical Examiners
Processing MedXPress Applications’’ instructs
AMEs that ‘‘MedX applications must be imported
before the applicant leaves your [the AME’s] office’’
and ‘‘As soon as you [the AME] import an
application into AMCS, it is a signed FAA form and
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submits a MedXpress application but
the information is never imported into
AMCS by an AME (e.g., the individual
never makes an appointment or does not
show up for the appointment), then the
un-imported application would not be
completed and, as such, the FAA would
have no basis to make a denial or other
certification action.18 Therefore, any unimported application would not be
subject to the portion of section 2307
relating to ‘‘completed and denied’’
applications, and the individual would
look to the most recent application
where the FAA either issued or denied
a medical certificate in order to
determine eligibility under this rule.
After importing a MedXPress
application into AMCS, the AME may
take one of three actions on the
completed application. The AME may:
(1) Issue a medical certificate; (2) defer
issuance to the FAA; or (3) deny the
issuance of a medical certificate.
Guidance to AMEs makes clear that
once the AME has imported the
individual’s application in MedXpress,
the AME is required to transmit the
application to the FAA,19 regardless of
whether (a) the applicant leaves the
AME office in the middle of the
examination, (b) all elements of the
AME’s examination have been
accomplished, or (c) the applicant does/
does not provide all additional
information required by the AME or the
FAA.20 Whenever an AME defers an
examination, the FAA makes a
determination on that application
(denial or issuance).
should be treated accordingly.’’ (https://
www.faa.gov/other_visit/aviation_industry/
designees_delegations/designee_types/ame/amcs/
media/MedXPress%20AME%20Procedures_
Jan%202012.pdf.)
18 When an individual does not follow up a
MedXPress application by presenting to an AME for
an examination, the data entered through
MedXPress system remains valid for 60 days, after
which the application expires and is deleted from
the MedXPress system. (https://www.faa.gov/other_
visit/aviation_industry/designees_delegations/
designee_types/ame/amcs/media/
MedXPress%20AME%20Procedures_
Jan%202012.pdf.)
19 The AME Guide states that all completed
applications and medical examinations, unless
otherwise directed by the FAA, must be transmitted
electronically via AMCS within 14 days after
completion to the AMCD (https://www.faa.gov/
about/office_org/headquarters_offices/avs/offices/
aam/ame/guide/app_process/general/disposition/.
20 The AME Guide states that, when an applicant
is advised by an Examiner that further examination
and/or medical records are needed, the applicant
may elect not to proceed. The Examiner is directed
to note this in Block 60 [of the FAA form 8500–8,
Application for medical certificate]. No certificate
should be issued, and the Examiner should forward
the application form to the AMCD, even if the
application is incomplete. (https://www.faa.gov/
about/office_org/headquarters_offices/avs/offices/
aam/ame/guide/app_process/app_review/item62/.)
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3153
An individual’s application is
considered completed and denied and
that individual is unable to use the
privileges of this rule when:
(1) An AME denies an application
immediately after completing the
examination and the FAA does not
reverse that decision.
(2) The FAA denies the application
after the applicant has been deferred by
the AME.
(3) A denied application remains
under judicial appeal (e.g., to the
National Transportation Safety Board),
since no valid medical certificate has
been issued.
Additionally, if a person held a
medical certificate within the 10-year
period preceding July 15, 2016, but
subsequently submitted a new
application that was completed and
denied, that person could not revert to
the previous medical certificate meeting
the 10-year look back requirement. That
person would need to re-apply and be
issued a new medical certificate to use
the privileges of this rule.
F. Completion of Medical Education
Course (§ 61.23(c)(3)(i)(C))
Section 2307(a)(5) of FESSA requires
the individual to have completed a
medical education course during the 24
calendar months before acting as pilot
in command of a covered aircraft and
demonstrate proof of completion of the
course. The FAA notes that section
2307(c) prescribes the medical
education course requirements, which
are implemented in new part 68 and
discussed in section VI of this preamble.
Section 61.23(c)(3)(i)(C) implements
the requirement to have completed the
medical education course during the 24
calendar months before acting as PIC of
an operation under § 61.113(i).21 The
term ‘‘24 calendar months’’ as used
throughout 14 CFR means ‘‘24 unit
months,’’ and ‘‘unit months’’ is defined
as beginning on the first of the month
and ending on the last day of the
month.22 Thus, a pilot has from the
beginning of the 24th calendar month
before the month in which he or she
wants to act as PIC of an operation
under § 61.113(i) to complete the
medical education course. For example,
if a pilot wants to act as PIC of an
operation under § 61.113(i) on August
19, 2019, that pilot must have, since
August 1, 2017, completed the medical
education course.
21 Section 61.113(i) implements the operating
requirements of section 2307 of the Act.
22 Legal Interpretation to Mr. Sean Conlin (Feb.
24, 2000).
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G. Care and Treatment by a Physician
(§ 61.23(c)(3)(i)(E))
Section 2307(a)(6) of FESSA requires
that the individual, when serving as
PIC, is under the care and treatment of
a physician if the individual has been
diagnosed with any medical condition
that may impact the ability of the
individual to fly. This requirement is
implemented in § 61.23(c)(3)(i)(E).
H. Receipt of Medical Exam During the
Previous 48 Months (§ 61.23(c)(3)(i)(D))
Section 2307(a)(7) of FESSA requires
the individual to have received a
comprehensive medical examination
from a State-licensed physician during
the previous 48 months. This
requirement is implemented in
§ 61.23(c)(3)(i)(D). The FAA notes that
section 2307(a)(7) contains additional
requirements regarding the
comprehensive medical examination.
Those additional requirements are
implemented in new part 68 and
discussed in section VII of this
preamble.
In implementing section 2307(a)(7),
the FAA notes that section 2307(a)(5)
uses the term ‘‘calendar months’’ and
section 2307(a)(7) uses the term
‘‘months.’’ As evident from a legal
interpretation issued on February 24,
2000,23 the FAA interprets the terms
‘‘calendar months’’ and ‘‘months’’
differently. The term ‘‘calendar months’’
means ‘‘unit months,’’ as previously
discussed, which is defined as
beginning on the first day of the month
and ending on the last day of the month.
The term ‘‘months,’’ however, means
months from the exact date at issue. For
example, under § 61.23(c)(3)(i)(D), if an
individual wants to act as PIC of an
operation under § 61.113(i) on July 19,
2021, that individual must have
received a comprehensive medical
examination on or after July 19, 2017.
sradovich on DSK3GMQ082PROD with RULES
V. Covered Aircraft Requirements and
Operating Requirements
Section 2307(j) of FESSA contains the
covered aircraft requirements and
section 2307(a)(8) contains the operating
requirements. The FAA is implementing
these requirements in new § 61.113(i).24
The following sections discuss the
FAA’s implementation of the covered
aircraft and operating requirements in
more detail.
A. Covered Aircraft Requirements of
Section 2307 of FESSA
Throughout section 2307, FESSA
refers to a ‘‘covered aircraft.’’ Section
23 Id.
24 Section 61.113 currently addresses private pilot
privileges and limitations.
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2307(j) of FESSA defines a covered
aircraft as an aircraft that (1) is
authorized under Federal law to carry
not more than 6 occupants; and (2) has
a maximum certificated takeoff weight
of not more than 6,000 pounds.
The FAA is implementing these
requirements for type certificated
aircraft in § 61.113(i)(1). For type
certificated aircraft, the aircraft’s design
approval would authorize the number of
occupants the aircraft may carry and
would contain the maximum
certificated takeoff weight. The aircraft’s
design approval may be a type
certificate (TC), a supplemental type
certificate (STC), or an amended type
certificate (ATC). The FAA recognizes
that changes could be made to an
aircraft’s type design. For example, an
aircraft type certificated to carry more
than 6 occupants may be altered to carry
6 or less occupants. In order to make
such a change, that aircraft would have
to obtain a new design approval, such
as an STC or an ATC. So long as an
aircraft’s design approval (i.e., TC, STC,
or ATC) authorizes the aircraft to carry
no more than 6 occupants, that aircraft
would meet the requirement of section
2307(j)(1). Additionally, if an aircraft
with a maximum certificated takeoff
weight of more than 6,000 pounds is
altered to have a maximum certificated
takeoff weight of less than 6,000
pounds, that aircraft would meet the
requirement of section 2307(j)(2).
The FAA is implementing the
requirements of section 2307(j) for
experimental aircraft by adding
paragraph (j) to § 91.319. Experimental
aircraft, which are not type certificated,
are issued special airworthiness
certificates. The FAA prescribes
operating limitations to accompany the
special airworthiness certificates.
Additionally, § 91.319 prescribes
operating limitations for aircraft having
experimental certificates. Consistent
with section 2307(j) of FESSA,
§ 91.319(j) states that no person may
operate an aircraft that has an
experimental certificate under
§ 61.113(i) unless the aircraft is carrying
not more than 6 occupants. The FAA is
adding this paragraph to make clear that
experimental aircraft meet the
requirements for covered aircraft under
this rule.
The FAA notes that the maximum
takeoff weight of an experimental
aircraft is determined as part of the
special airworthiness certification
process. Prior to issuing a special
airworthiness certificate, the FAA
checks the current weight and balance
information for an aircraft, which
includes the maximum gross weight
established by the operator.
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While a person may operate an
aircraft that meets the requirements of
section 2307(j) under this rule, the FAA
notes that section 2307 does not relieve
an aircraft from the requirement to be
operated in accordance with its
operating limitations.25 Accordingly, if
an aircraft being operated under this
rule has any operating limitations that
conflict with § 61.113(i),26 that aircraft
must comply with its operating
limitations.
B. Operating Requirements of Section
2307 of FESSA
Section 2307(a)(8) of FESSA requires
that the individual operate in
accordance with the following operating
requirements:
• The covered aircraft is carrying not
more than 5 passengers.
• The individual is operating the
covered aircraft under visual flight rules
or instrument flight rules.
• The flight, including each portion
of that flight, is not carried out—
• for compensation or hire, including
that no passenger or property on the
flight is being carried for compensation
or hire;
• at an altitude that is more than
18,000 feet above mean sea level;
• outside the United States, unless
authorized by the country in which the
flight is conducted; or
• at an indicated airspeed exceeding
250 knots.
The following sections discuss the
FAA’s implementation of these
requirements in more detail.
1. The Covered Aircraft Is Carrying Not
More Than 5 Passengers
Section 2307(a)(8)(A) of FESSA
requires that the covered aircraft carry
no more than five passengers. This
requirement is implemented in
§ 61.113(i)(1).
As previously discussed, section
2307(j) of FESSA requires the covered
aircraft to be authorized to carry no
more than six occupants. While section
2307(j) and section 2307(a)(8)(A) may
appear to conflict, the FAA notes that it
interprets the terms ‘‘occupants’’ and
‘‘passengers’’ differently. The term
‘‘occupants’’ includes all persons
onboard an aircraft including any
required flightcrew members.27 A
flightcrew member is required if he or
she is required by type certification of
the aircraft or by regulation. The term
25 14
CFR 91.9(a).
noted previously, § 61.113(i) implements
the covered aircraft requirements and operating
requirements of the Act.
27 A flightcrew member means a pilot, flight
engineer, or flight navigator assigned to duty in an
aircraft during flight time. 14 CFR 1.1
26 As
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‘‘passengers’’ does not include required
flight crewmembers. Therefore, under
this rule, a covered aircraft may be
authorized to carry up to 6 occupants
(including any required flight
crewmembers) and may be operated
with up to five passengers on board. For
example, a person may operate an
aircraft type certificated for one pilot
flightcrew member under this rule with
up to five additional occupants on
board. An aircraft type certificated for
two pilot flightcrew members may be
operated under this rule with up to four
additional occupants on board.28 An
occupant in the aircraft (other than the
pilot operating under this rule) may be
a passenger, a required pilot flightcrew
member (if the aircraft is type
certificated for more than one pilot or if
the regulations require more than one
pilot), or a flight instructor (if the flight
is a training operation). If a pilot
operating an aircraft under this rule
carries another pilot on board who is
not a required pilot flightcrew member,
that additional pilot would be a
passenger under the FAA’s regulations.
The operations under this rule
include training operations. As such, a
person may receive flight training from
an FAA-authorized flight instructor
while the person receiving flight
training is acting as PIC and operating
under this rule. Alternatively, an
individual may receive flight instruction
from a flight instructor while the flight
instructor is acting as PIC and operating
under this rule.
This rule is applicable only to the
person acting as the PIC. Thus, for any
flight operated under this rule, the
status of the medical certificate of any
other pilot aboard who is not acting as
the PIC is irrelevant. For example, flight
instructors meeting the requirements of
this rule may act as PIC while giving
flight training without holding a
medical certificate, regardless of
whether the person receiving flight
training holds a medical certificate.
While flight training for compensation
is considered ‘‘other commercial flying’’
for flight and duty requirements under
parts 121 and 135,29 ‘‘a certificated
flight instructor who is acting as PIC
and is receiving compensation for his or
her flight instruction is exercising flight
instructor privileges for the flight
sradovich on DSK3GMQ082PROD with RULES
28 An
operation requiring two pilots could not
carry five passengers under § 2307(a)(8)(A) because
it would exceed the number of occupants allowed
under § 2307(j). The FAA considers that, due to the
limitations for maximum certificated takeoff weight,
all, or nearly all, covered aircraft will require only
a single pilot.
29 Legal Interpretation to Richard Martindell
(March 11, 2009); Legal Interpretation to Arturo
Rodriguez (July 2, 2012).
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training being provided and is
exercising private pilot privileges while
acting as PIC of the flight.’’ 30
2. Operate the Aircraft Under Visual
Flight Rules or Instrument Flight Rules
Section 2307(a)(8)(B) of FESSA
permits an operation under that section
to be conducted under visual flight rules
or instrument flight rules. An individual
operating under this rule may, therefore,
conduct the flight in visual
meteorological conditions or instrument
meteorological conditions. The FAA
notes, however, that FESSA does not
relieve an individual from the
requirement to hold an instrument
rating and be instrument current to act
as PIC under instrument flight rules.
Nor does FESSA relieve an aircraft from
the requirement to be approved for IFR
operations in order to be operated under
instrument flight rules.
3. The Flight, Including Each Portion of
the Flight
Section 2307(a)(8)(C) requires that the
flight, including each portion of the
flight, is not carried out: (i) For
compensation or hire, including that no
passenger or property on the flight is
being carried for compensation or hire;
(ii) at an altitude that is more than
18,000 feet above mean sea level; (iii)
outside the United States, unless
authorized by the country in which the
flight is conducted; or (iv) at an
indicated air speed exceeding 250 knots.
Because the statute includes the
phrase ‘‘. . . flight, including each
portion of the flight,’’ all of the
limitations for the operation set forth in
section 2307(a)(8)(C)(i)–(iv) (i.e.
compensation/hire prohibition, altitude,
geographic, and airspeed limitations)
apply to the entire flight. Accordingly,
if this rule is being exercised in any
flight, it must be applied for the entire
flight (takeoff to full-stop landing) and
all the operational restrictions apply for
the entire flight. The FAA is
implementing the requirements of
section 2307(a)(8)(C)(i)–(iv) in
§ 61.113(i)(2)(i)–(iv). These
requirements are discussed in more
detail below.
i. Flight Is Not Conducted for
Compensation or Hire
Section 2307(a)(8)(C)(i) of FESSA
requires that the flight, including each
portion of that flight, is not carried out
for compensation or hire, including that
no passenger or property on the flight is
being carried for compensation or hire.
30 Pilot,
Flight Instructor, Ground Instructor, and
Pilot School Certification Rules, 62 FR 16220 (Apr.
4, 1997).
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3155
Section 61.113(a) already prohibits
private pilots from acting as PIC of an
aircraft that is carrying passengers or
property for compensation or hire and
from acting as PIC for compensation or
hire. Accordingly, this FESSA
requirement is already addressed by the
existing regulation.
ii. Altitude Restriction
Section 2307(a)(8)(C)(ii) of FESSA
requires that the flight, including each
portion of that flight, is not carried out
at an altitude that is more than 18,000
feet above mean sea level (MSL). This
requirement is implemented in
§ 61.113(i)(2)(ii).
For pilots operating aircraft capable of
flight above 18,000 feet MSL, the pilot’s
preflight planning must accommodate
the altitude limitation. For instance, if
weather phenomena like icing or
thunderstorms are forecast (or is within
reasonable possibility) within the pilot’s
route of flight that would necessitate
climbing above 18,000 feet MSL, the
FAA considers initiating such a flight to
be contrary to this rule. The aircraft
must operate at or below 18,000 feet
MSL during the entire flight.
iii. Geographic Restriction
Section 2307(a)(8)(C)(iii) of FESSA
requires that the flight, including each
portion of that flight is conducted
within the United States, unless
authorized by the country in which the
flight is conducted. This requirement is
implemented in § 61.113(i)(2)(iii).
Title 14 CFR 1.1 defines the United
States as the States, the District of
Columbia, Puerto Rico, and the
possessions, including the territorial
waters, and the airspace of those areas.
Thus, a pilot operating in the United
States, as defined in § 1.1, may elect to
use this rule.
Airmen certificated by the FAA are
represented to the International Civil
Aviation Organization (ICAO) as
compliant with ICAO standards for
private pilots, among other
requirements. As FESSA and this final
rule describe standards that divert from
ICAO requirements,31 flights must be
geographically limited to operations
within the United States.
iv. Airspeed Restriction
Section 2307(a)(8)(C)(iv) of FESSA
requires that the flight, including each
portion of that flight, is conducted at an
indicated airspeed not exceeding 250
knots. The FAA is implementing this
requirement in § 61.113(i)(2)(iv).
31 Annex 1 to the Convention on International
Civil Aviation, ‘‘Personnel Licensing,’’ Chapter 6
‘‘Medical Provisions for Licensing,’’ 11th Edition
(July 2011).
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Recognizing that many aircraft have
airspeed indicators that read in miles
per hour (mph), 250 knots is equivalent
to 288 mph. No aircraft may be operated
in any phase of flight at an airspeed
greater than 250 KIAS (knots indicated
airspeed).
VI. Medical Education Course
Requirements of Section 2307 of FESSA
The following sections describe the
medical education course requirements
of section 2307 of FESSA and the FAA’s
implementation of those requirements.
A. Development and Availability of the
Medical Education Course
Section 2307(c)(1) requires the
medical education course to be available
on the internet free of charge. Section
2307(c)(2) requires the course to be
developed and periodically updated in
coordination with representatives of
relevant nonprofit and not-for-profit
general aviation stakeholder groups.
To implement these requirements, the
FAA will work with nonprofit and notfor-profit general aviation stakeholder
groups to coordinate and develop a
medical education course that meets the
requirements of FESSA, which are
discussed in more detail below. A
nonprofit or not-for-profit general
aviation stakeholder group may submit
a medical education course to the FAA
for consideration. Upon receipt of the
submission, the FAA will verify the
course meets the requirements of § 68.3.
If the FAA accepts the course, the FAA
will provide a link to the course on the
FAA public Web site. Thus, for public
awareness, the FAA’s Web site will
contain a list of each medical education
course that the FAA has accepted.
The FAA has determined that it is
appropriate to enter into agreements
with nonprofit or not-for-profit general
aviation stakeholder groups who elect to
provide the course.
sradovich on DSK3GMQ082PROD with RULES
B. Course Requirements
Pursuant to the requirements of
section 2307(c)(3) through (9) of FESSA,
the course must:
• Educate pilots on conducting
medical self-assessments;
• Advise pilots on identifying
warning signs of potential serious
medical conditions;
• Identify risk mitigation strategies
for medical conditions;
• Increase awareness of the impacts
of potentially impairing over-thecounter and prescription drug
medications;
• Encourage regular medical
examinations and consultations with
primary care physicians;
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• Inform pilots of the regulations
pertaining to the prohibition on
operations during medical deficiency
and medically disqualifying conditions;
and
• Provide the checklist developed by
the Federal Aviation Administration in
accordance with section 2307(b).
The FAA is implementing these
requirements in § 68.3(a)(1)–(7). The
FAA notes that the requirements for the
checklist, which the course must
provide, are implemented in § 68.5.
C. Documents the Course Must Provide
to the Individual and Transmit to the
FAA
Pursuant to the requirements of
section 2307(c)(10) of FESSA, upon
successful completion of the course, the
medical education course must
electronically provide to the individual
and transmit to the FAA—
• A certification of completion of the
medical education course;
• A release authorizing the National
Driver Register through a designated
State Department of Motor Vehicles to
furnish to the FAA information
pertaining to the individual’s driving
record;
• A certification by the individual
that the individual is under the care and
treatment of a physician if the
individual has been diagnosed with any
medical condition that may impact the
ability of the individual to fly;
• A form that includes information
regarding the individual, the physician,
the comprehensive medical exam, and a
certification by the individual that the
checklist was followed and signed by
the physician; and
• A statement signed by the
individual certifying that the individual
understands the existing prohibition on
operations during medical deficiency. A
copy of this signed statement must be
provided to the pilot and retained by the
pilot.
These requirements are implemented
in § 68.3(b)(1)–(5) and are discussed in
more detail below.
1. Certification of Completion
Section 2307(c)(10)(A) requires the
certification of completion of the
medical education course to be printed
and retained in the individual’s logbook
and made available upon request. This
certification of completion must contain
only the individual’s name, address,
and airman certificate number.32 The
32 The term ‘‘certification’’ was used in the
legislation. The FAA notes that this term may cause
confusion with the general use of that term within
FAA regulations. This document need only contain
the information required by FESSA as set forth in
§ 68.3(b)(1).
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FAA is implementing this requirement
in § 68.3(b)(1).
The PIC must maintain the
certification of completion along with
his or her pilot logbook. The
certification must be available along
with the logbook at any time the pilot
is presenting the logbook to comply
with any regulatory requirement (such
as applying for a certificate or rating), or
upon request by a representative of the
FAA Administrator. Under the terms of
FESSA, there is no requirement for
pilots to carry compliance
documentation that shows their
compliance with the relief described in
this rule.
The FAA recognizes that many pilots
maintain logbooks electronically. Pilots
may carry an electronic facsimile or
representation of the certification along
with their pilot logbook entries, as long
as that representation of the certification
is available and clearly legible when the
logbook is being used to comply with a
regulatory requirement or upon request
by a representative of the FAA
Administrator.
2. Authorization for Access to National
Driver Register
Section 2307(c)(10)(B) requires a
release authorizing the National Driver
Register through a designated State
Department of Motor Vehicles to furnish
to the FAA information pertaining to the
individual’s driving record. Section
2307(d) states that the authorization
under section 2307(c)(10)(B) shall be an
authorization for a single access to the
information contained in the National
Driver Register. The FAA is
implementing these requirements in
§ 68.3(b)(2).
The National Driver Register (NDR) is
a division in the National Center for
Statistics and Analysis under the
National Highway Traffic Safety
Administration (NHTSA). The NDR
maintains the computerized database
known as the Problem Driver Pointer
System (PDPS), which contains
information on individuals whose
privilege to operate a motor vehicle has
been revoked, suspended, canceled or
denied or who have been convicted of
serious traffic-related offenses.
Each time an individual indicates his
or her consent for the NDR release, the
FAA will conduct a single NDR check
in an identical manner to the NDR
check currently conducted when a
person applies for a medical certificate.
Similarly, the information the FAA
receives from the NDR check will be
used in the same way as for an applicant
for a medical certificate.
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3. Certification That the Individual Is
Under the Care and Treatment of a
Physician
Section 2307(c)(10)(C) requires a
certification by the individual that the
individual is under the care and
treatment of a physician if the
individual has been diagnosed with any
medical condition that may impact the
ability of the individual to fly, as
required by section 2307(a)(6).33 This
requirement is implemented in
§ 68.3(b)(3).
The FAA recognizes that there are
many thousands of diagnosable medical
conditions, as well as innumerable
medical treatments and medications.
Many conditions, treatments, or
medications are unlikely to impact a
person’s ability to safely operate an
aircraft. However, there are numerous
conditions, treatments, and medications
that are aviation safety risks. Potential
adverse effects may result from sudden
incapacitation (e.g., epilepsy, coronary
artery disease, implantable cardioverterdefibrillators, etc.) or reduced cognitive,
mental or physical abilities (e.g., visual
impairments, neurological diseases,
psychiatric diseases, diabetes or other
metabolic diseases, sedative-hypnotic
medications, etc.). Each of these,
independently or in combination, can
adversely affect the pilot’s ability to
safely perform pilot duties and are a
hazard to the national air space.
Additionally, the adverse effects of
many medical conditions and
medications are exaggerated under
typical flight conditions, including
reduced air pressure, available oxygen,
or acceleration forces. Pilots should
consult with their physician or other
medical care provider for care and
treatment of their conditions, but also
for guidance on the impact their
conditions may have on flight safety.
Pilots, in discussion with their
physician/medical care provider, should
also consult available aeromedical
resources on the flight hazards
associated with medical conditions/
medications. The Do not Issue/Do not
Fly list (www.faa.gov/about/office_org/
headquarters_offices/avs/offices/aam/
ame/guide/pharm/dni_dnf/) is readily
available in the AME Guide on the FAA
Web site. Chapter 8 of the FAA’s
Aeronautical Information Manual (AIM
8–1–1) also addresses medical factors
for pilots. Additional resources include
the FAA’s AME Guide, other FAA flight
33 Section 2307(a)(6) requires the individual,
when serving as PIC, to be under the care and
treatment of a physician if the individual has been
diagnosed with any medical condition that may
impact the ability of the individual to fly. This
requirement is implemented in § 61.23(3)(i)(E).
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safety Web sites, and the Web sites of
non-profit and not-for-profit general
aviation stakeholders.
While the pilot is required to attest
that he or she is under the care and
treatment of a physician for any
condition that affects safe flight, the
FAA emphasizes that all pilots are
expected to exercise good judgment
(whether operating under this rule or
not) and conduct a personal selfassessment of their condition before
every flight.34 The FAA’s recommended
self-assessment guidance is found in the
‘‘IMSAFE’’ checklist found in Chapter 8
of the FAA Aeronautical Information
Manual at https://www.faa.gov/air_
traffic/publications/media/aim.pdf.
The FAA notes that under section
2307(e) of FESSA, which prescribes
requirements for the special issuance
process, an individual clinically
diagnosed with a mental health
condition or a neurological condition
shall certify every 2 years,35 in
conjunction with the certification
requirement of section 2307(c)(10)(C),
that the individual is under the care of
a State-licensed medical specialist for
that mental health or neurological
condition.36 The requirements for the
special issuance process are discussed
in section VIII of this preamble.
4. Form
Section 2307(c)(10)(D) of FESSA
requires the form, which must be
electronically provided to the
individual and transmitted to the FAA
upon successful completion of the
course, to include the following
information:
• The name, address, telephone
number, and airman certificate number
of the individual;
• The name, address, telephone
number, and State medical license
number of the physician performing the
34 Section 61.53(c) requires that for operations
provided for in § 61.23(c), a person must meet the
provisions of § 61.53(b). That paragraph states that
a person shall not act as pilot in command, or in
any other capacity as a required pilot flight
crewmember, while that person knows or has
reason to know of any medical condition that
would make the person unable to operate the
aircraft in a safe manner.
35 The FAA notes that section 2307(e) uses the
phrase ‘‘two years’’ when discussing the
certifications made as part of the medical education
course, whereas section 2307(c) uses the phrase ‘‘24
calendar months.’’ For purposes of these
certifications, the FAA anticipates that the
certification will occur in conjunction with
completion of the medical education course.
36 Section 2307(e)(3) contains the special rules for
mental health conditions. Section 2307(e)(4)
contains the special rules for neurological
conditions.
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3157
comprehensive medical examination 37
required in section 2307(a)(7);
• The date of the comprehensive
medical examination required in section
2307(a)(7); and
• A certification by the individual
that the checklist described in
subsection (b) was followed and signed
by the physician in the comprehensive
medical examination required in section
2307(a)(7).
These requirements are implemented
in § 68.3(b)(4)(i)–(iv).
5. Certification Regarding the
Prohibition on Operations During
Medical Deficiency
Section 2307(c)(10)(E) of FESSA
requires the individual to sign 38 a
statement certifying that the individual
understands the existing prohibition on
operations during medical deficiency by
stating: ‘‘I understand that I cannot act
as pilot in command, or any other
capacity as a required flight crew
member, if I know or have reason to
know of any medical condition that
would make me unable to operate the
aircraft in a safe manner.’’ This
statement shall be electronically
provided to the individual and
transmitted to the FAA upon successful
completion of the course. The FAA is
implementing this requirement in
§ 68.3(b)(5).
The Advisory Circular (AC) 68–1,
Alternative Medical Qualifications,
contains additional information about
the medical education course
requirements.
VII. Comprehensive Medical
Examination
In order to act as PIC under this rule,
an individual must receive a
comprehensive medical examination
from a State-licensed physician during
the previous 48 months in accordance
with section 2307(a)(7). This
requirement is reflected in
§ 61.23(c)(3)(i)(D).
Section 2307(a)(7)(A) requires that
prior to the examination, the individual
do the following: (1) Complete the
individual’s section of the medical
examination checklist described in
section 2307(b); and (2) provide the
37 The FAA notes that the comprehensive medical
examination occurs every 48 months while the
medical education course must be completed every
24 calendar months. As such, a pilot may be
reporting a medical exam that occurred 24 calendar
months prior.
38 Section 2307 indicates that the statement
should be ‘‘printed and signed’’ prior to being
transmitted to the FAA. The FAA is construing this
requirement to allow for electronic signature and
electronic retention of this statement. See
Government Paperwork Elimination Act (GPEA),
Public Law 105–277 Title XVII.
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completed checklist to the physician
performing the examination. The FAA is
implementing these requirements in
§ 68.5(a)(1)–(2).
Section 2307(a)(7)(B) of FESSA
requires the physician to: (1) Conduct
the comprehensive medical examination
in accordance with the checklist; (2)
check each item specified during the
examination; and (3) address, as
medically appropriate, every medical
condition listed and any medications
the individual is taking. The FAA is
implementing these requirements in
§ 68.5(b)(1)–(3).
VIII. Comprehensive Medical
Examination Checklist
A. Checklist Requirements of Section
2307 of FESSA
Section 2307(b)(1) of FESSA requires
that the FAA develop a checklist for an
individual to complete and provide to
the physician performing the required
comprehensive medical examination.
Section 2307(b)(2) of FESSA requires
the checklist to contain three sections:
(1) A section for the individual to
complete; (2) a section with instructions
for the individual to provide the
completed checklist to the physician
performing the examination; and (3) a
section for the physician to complete,
which contains instructions for the
physician performing the examination.
Section 2307(b) prescribes requirements
for each of these sections, which are
discussed below. The FAA is
implementing the comprehensive
medical examination checklist
requirements in § 68.7 and has
developed the checklist in accordance
with these requirements.
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1. Section for the Individual To
Complete
Section 2307(b)(2)(A)(i) of FESSA
requires the checklist to contain a
section for the individual to complete,
which contains boxes 3 through 13 and
boxes 16 through 19 of the FAA form
8500–8, Application for Airman
Medical Certificate (3–99).39 This
requirement is implemented in
§ 68.7(a)(1). The AC contains the
specific information required by boxes 3
through 13 and boxes 16 through 19.
Section 2307(b)(2)(A)(ii) of FESSA
requires the checklist to contain (in the
39 Section 2307 of FESSA specifically references
the FAA form 8500–8 revision dated 3–99. The
FAA notes that since that revision the FAA has
revised the form several times, most recently with
publication of the final rule Student Pilot
Application Requirements, 81 FR 1292 (Jan. 12,
2016). In accordance with the requirements of
FESSA, the FAA has developed the comprehensive
medical examination checklist using boxes 3–13
and 16–19 as they appeared on the FAA form 8500–
8 revision 3–99.
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section for the individual) a signature
line for the individual to affirm that:
• The answers provided by the
individual on that checklist, including
the individual’s answers regarding
medical history, are true and complete;
• The individual understands that he
or she is prohibited under Federal
Aviation Administration regulations
from acting as pilot in command, or any
other capacity as a required flight crew
member, if he or she knows or has
reason to know of any medical
deficiency or medically disqualifying
condition that would make the
individual unable to operate the aircraft
in a safe manner; and
• The individual is aware of the
regulations pertaining to the prohibition
on operations during medical deficiency
and has no medically disqualifying
conditions in accordance with
applicable law.
The FAA is implementing these
requirements in § 68.7(a)(2)(i)–(iii).
2. Section Containing Instructions for
the Individual
Section 2307(b)(2)(B) requires the
checklist to contain a section with
instructions for the individual to
provide the completed checklist to the
physician performing the
comprehensive medical examination.
The FAA is implementing this
requirement in § 68.7(b).
3. Section for the Physician To
Complete With Instructions for the
Physician
Section 2307(b)(2)(C)(i) of FESSA
requires the checklist to include a
section for the physician to complete,
that instructs the physician to perform
a clinical examination of the following:
• Head, face, neck, and scalp;
• Nose, sinuses, mouth, and throat;
• Ears, general (internal and external
canals), and eardrums (perforation);
• Eyes (general), ophthalmoscopic,
pupils (equality and reaction), and
ocular motility (associated parallel
movement, nystagmus);
• Lungs and chest (not including
breast examination);
• Heart (precordial activity, rhythm,
sounds, and murmurs);
• Vascular system (pulse, amplitude,
and character, and arms, legs, and
others);
• Abdomen and viscera (including
hernia);
• Anus (not including digital
examination);
• Skin;
• G–U system (not including pelvic
examination);
• Upper and lower extremities
(strength and range of motion);
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• Spine and other musculoskeletal;
• Identifying body marks, scars, and
tattoos (size and location);
• Lymphatics;
• Neurologic (tendon reflexes,
equilibrium, senses, cranial nerves, and
coordination, etc.);
• Psychiatric (appearance, behavior,
mood, communication, and memory);
• General systemic;
• Hearing;
• Vision (distant, near, and
intermediate vision, field of vision,
color vision, and ocular alignment);
• Blood pressure and pulse; and
• Anything else the physician, in his
or her medical judgment, considers
necessary.
The FAA is implementing these
requirements in § 68.7(c)(1)(i)–(xxii).
Section 2307(b)(2)(C)(ii) requires the
physician to exercise medical discretion
to address, as medically appropriate,
any medical conditions identified, and
to exercise medical discretion in
determining whether any medical tests
are warranted as part of the
comprehensive medical examination.
The FAA is implementing this
requirement in § 68.7(c)(2).
Section 2307(b)(2)(C)(iii) of FESSA
requires the checklist to instruct the
physician to discuss all drugs the
individual reports taking (prescription
and nonprescription) and their potential
to interfere with the safe operation of an
aircraft or motor vehicle. The FAA is
implementing this requirement in
§ 68.7(c)(3).
Furthermore, section 2307(b)(2)(C)(iv)
of FESSA requires the checklist to
instruct the physician to sign the
checklist, stating: ‘‘I certify that I
discussed all items on this checklist
with the individual during my
examination, discussed any medications
the individual is taking that could
interfere with his or her ability to safely
operate an aircraft or motor vehicle, and
performed an examination that included
all of the items on this checklist. I
certify that I am not aware of any
medical condition that, as presently
treated, could interfere with the
individual’s ability to safely operate an
aircraft.’’ The FAA is implementing this
requirement in § 68.7(c)(4).
Lastly, section 2307(b)(2)(C)(v) of
FESSA requires the checklist to instruct
the physician to provide the date the
comprehensive medical examination
was completed, and the physician’s full
name, address, telephone number, and
State medical license number. This
requirement is implemented in
§ 68.7(c)(5).
The FAA relies on the determination
of each State (as well as each territory
and possession of the United States) as
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to which persons it will license as
physicians. If the person holds a license
as a physician issued by any State,
territory, or possession, then he or she
meets the requirement as a Statelicensed physician. The FAA notes that
all States license medical doctors
(M.D.s) and doctors of osteopathic
medicine (D.O.s) as physicians,
although Federal and some State laws
may permit the licensure of other
persons, such as doctors of dental
surgery (D.D.S.) as physicians. While
the FAA expects that a specialist
physician, (e.g., D.D.S., dentist,
podiatrist) who does not also hold an
M.D. or D.O. would not have the
breadth of training to conduct a medical
exam as required in this rule, the FAA
will rely on each State-licensed
physician to determine whether he or
she is qualified to conduct the medical
exam required by FESSA.
Existing FAA prohibitions against
self-endorsements would apply,
prohibiting a State-licensed physician
from conducting the physical
examination on himself or herself.
sradovich on DSK3GMQ082PROD with RULES
B. Inclusion of the Completed Checklist
in the Pilot’s Logbook
Section 2307(b)(3) of FESSA requires
that the completed checklist be retained
in the pilot’s logbook and be made
available upon request. The FAA is
implementing this requirement in
§ 61.113(i)(3).
The FAA recognizes that many pilots
now maintain logbook information
electronically. Similar to the
requirements described previously for
the course completion certification
described in section 2307(c)(10)(A), the
FAA notes that pilots may retain an
electronic version of the completed
checklist using whatever method they
choose so long as an accurate electronic
or physical representation of the
document can be made available upon
request.
C. FAA Implementation of the
Comprehensive Medical Examination
Checklist Requirements of Section 2307
of FESSA
Section 2307(c)(9) of FESSA requires
the medical education course to provide
the medical examination checklist
developed by the FAA. For purposes of
implementation, the FAA will require
that any nonprofit or not-for-profit
general aviation stakeholder group that
provides a medical course for this rule
make the checklist available at that
group’s Web site.
To implement the medical checklist
provisions of FESSA, the FAA has
developed the Comprehensive Medical
Examination Checklist. The checklist is
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a fillable PDF form available on the FAA
Web site, in addition to the location
discussed immediately above. Pilots
may complete the form either
electronically or may print it out and
complete it. Regardless of how the pilot
chooses to complete the form, the pilot
must print the form, sign it, and take it
to the State-licensed physician
performing the medical examination.
The FAA will provide the blank
Comprehensive Medical Examination
Checklist but will not be collecting and
maintaining the checklist in any FAA
system of records. As noted, the pilot
will be required to retain the checklist
as one of the items necessary for
verification that he or she is eligible to
operate under this rule.
IX. Special Issuance Process
A. Requirements of Section 2307 of
FESSA
Section 2307(e)(1) of FESSA states
that an individual who has qualified for
the third-class medical certificate
exemption under subsection (a) of
section 2307 and is seeking to serve as
a PIC of a covered aircraft shall be
required to have completed the process
for obtaining an Authorization for
Special Issuance of a Medical Certificate
if that person has any of the following:
(1) A mental health disorder; (2) a
neurological disorder; or a (3)
cardiovascular condition.
Section 2307(e)(1)(A) states that a
mental health disorder is limited to an
established medical history or clinical
diagnosis of:
• Personality disorder that is severe
enough to have repeatedly manifested
itself by overt acts;
• Psychosis, defined as a case in
which an individual: (i) Has manifested
delusions, hallucinations, grossly
bizarre or disorganized behavior, or
other commonly accepted symptoms of
psychosis; or (ii) may reasonably be
expected to manifest delusions,
hallucinations, grossly bizarre or
disorganized behavior, or other
commonly accepted symptoms of
psychosis;
• Bipolar disorder; or
• Substance dependence within the
previous 2 years, as defined in
§ 67.307(a)(4) of title 14, Code of Federal
Regulations.
Section 2307(e)(1)(B) states that a
neurological disorder is limited to an
established medical history or clinical
diagnosis of any of the following:
• Epilepsy.
• Disturbance of consciousness
without satisfactory medical
explanation of the cause.
• A transient loss of control of
nervous system functions without
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satisfactory medical explanation of the
cause.
Section 2307(e)(1)(C) states that a
cardiovascular condition is limited to a
one-time special issuance for each
diagnosis of the following:
• Myocardial infarction.
• Coronary heart disease that has
required treatment.
• Cardiac valve replacement.
• Heart replacement.
The FAA is implementing the
requirements of section 2307(e)(1)(A)–
(C) in § 68.9(a)(1)–(3).
1. Special Rule for Cardiovascular
Conditions
Section 2307(e)(2) of FESSA states
that in the case of an individual with a
cardiovascular condition, the process
for obtaining an Authorization for
Special Issuance of a Medical Certificate
shall be satisfied with the successful
completion of an appropriate clinical
evaluation without a mandatory wait
period.40
The FAA is implementing this
requirement in § 68.9(b).
2. Special Rule for Mental Health
Conditions
Section 2307(e)(3)(A)(i) of FESSA
states that in the case of an individual
with a clinically diagnosed mental
health condition, the ability to operate
without a third-class medical certificate
under subsection (a) of section 2307
shall not apply if in the judgment of the
individual’s State-licensed medical
specialist, the condition: (1) Renders the
individual unable to safely perform the
duties or exercise the airman privileges
described in the operating requirements
of subsection (a)(8); or (2) may
reasonably be expected to make the
individual unable to perform the duties
or exercise the privileges described in
the operating requirements of
subsection (a)(8).
Additionally, section 2307(e)(3)(A)(ii)
states that in the case of an individual
with a clinically diagnosed mental
health condition, the ability to operate
without a third-class medical certificate
under section 2307(a) shall not apply if
the individual’s driver’s license is
revoked by the issuing agency as a result
of a clinically diagnosed mental health
condition.
The FAA is implementing section
2307(e)(3)(A)(i)–(ii) in § 68.9(c)(1)(i)–(ii).
Section 2307(e)(3)(B) of FESSA
requires that an individual clinically
40 Current guidance establishes mandatory wait
periods for certain cardiovascular conditions. For
example, there is a 3-month recovery time after a
myocardial infarction from non-coronary heart
disease before an applicant may be considered for
a medical certificate. 2016 Guide for Aviation
Medical Examiners.
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diagnosed with a mental health
condition shall certify every 2 years, in
conjunction with the certifications
under subsection (c)(10)(C), that the
individual is under the care of a Statelicensed medical specialist for that
mental health condition. The FAA is
implementing this requirement in
§ 68.9(c)(2). This certification will be
incorporated into the medical education
course process. The FAA notes that the
certifications required under subsection
(c)(10)(C) of FESSA are implemented in
§ 68.3(b)(3).
3. Special Rule for Neurological
Conditions
Section 2307(e)(4)(A)(i) states that in
the case of an individual with a
clinically diagnosed neurological
condition, the ability to operate without
a third-class medical certificate under
subsection (a) of section 2307 shall not
apply if in the judgment of the
individual’s State-licensed medical
specialist, the condition: (1) Renders the
individual unable to safely perform the
duties or exercise the airman privileges
described in the operating requirements
of subsection (a)(8); or (2) may
reasonably be expected to make the
individual unable to perform the duties
or exercise the privileges described in
the operating requirements of
subsection (a)(8).
Section 2307(e)(4)(A)(ii) states that in
the case of an individual with a
clinically diagnosed neurological
condition, the ability to operate without
a third-class medical certificate under
subsection (a) of section 2307 shall not
apply if the individual’s driver’s license
is revoked by the issuing agency as a
result of a clinically diagnosed
neurological condition.
The FAA is implementing the
requirements of section 2307(4)(A) in
§ 68.9(d)(1)(i)–(ii).
Section 2307(4)(B) of FESSA requires
that an individual clinically diagnosed
with a neurological condition shall
certify every 2 years, in conjunction
with the certification under subsection
(c)(10)(C), that the individual is under
the care of a State-licensed medical
specialist for that neurological
condition. As with the requirements for
certain mental health disorders, this
certification will be incorporated into
the medical education course process.
Regarding the certification related to
mental health disorders and
neurological disorders, the FAA
recognizes that the inclusion of such a
certification could create confusion. So
to clarify, the FAA has written the
certifications for the individual to attest
(1) that the individual does not have a
mental health disorder or neurological
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disorder or, (2) if the individual has a
mental health disorder or neurological
disorder, that the individual is under
the care of a State-licensed medical
specialist for that mental health
condition or neurological condition.
The FAA’s intent is to ensure that no
medical information is collected.
Rather, the FAA views these
certifications as a place for the
individuals to attest that if they have a
mental health or neurological disorder
listed in section 2307, then they meet
the section 2307 requirement that they
are under the care of a State-licensed
medical specialist for that condition.
B. Special Issuance Medical Certificates
All persons who currently hold an
FAA-issued special issuance medical
certificate, or who have held an FAAissued special issuance medical
certificate within the 10-year period
preceding the enactment of FESSA, for
conditions other than the specified
cardiovascular, mental health, and
neurological conditions listed in
FESSA, may elect to use this rule. These
persons are no longer required to
maintain their special issuance medical
certificate if they choose to comply with
the requirements of section 2307 of
FESSA. The FAA emphasizes that it
expects all pilots, including persons
who hold or have held a special
issuance medical certificate, to comply
with care and treatment protocols
recommended by their State-licensed
physician.
If a pilot, while using this rule, is
diagnosed with a condition that would
have, in the past, required the pilot to
be considered for a special issuance
medical certificate, but is not one of the
specified conditions described in
FESSA, then that pilot may continue to
exercise the privileges of this rule so
long as all other requirements of section
2307 of FESSA are met.
FESSA prescribes specific
responsibilities and prohibitions that
must be met for pilots who have certain
cardiovascular, neurological, or mental
health conditions. Persons who have, or
are newly diagnosed with, a
cardiovascular, neurological, or mental
health condition described in FESSA,
may not use this rule until they have
been found eligible for special issuance
of a medical certificate. Once issued a
medical certificate, the person may then
use this rule if he or she meets all other
requirements of FESSA.
X. Authority To Require Additional
Information
Section 2307(l)(1) of FESSA states
that if the Administrator receives
credible or urgent information,
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Sfmt 4700
including from the National Driver
Register or the FAA Hotline Program,
that reflects on an individual’s ability to
safely operate a covered aircraft under
the third-class medical certificate
exemption in subsection (a) of section
2307, the Administrator may require the
individual to provide additional
information or history so that the
Administrator may determine whether
the individual is safe to continue
operating a covered aircraft. Section
2307(l)(2) states that the Administrator
may use credible or urgent information
received to request an individual to
provide additional information or to
take actions under section 44709(b) of
title 49, United States Code.
The FAA has implemented the
provisions of section 2307(l) in new
§ 68.11.
XI. Advisory Circular
To further implement this final rule,
the FAA has developed Advisory
Circular 68–1, Alternative Pilot Physical
Examination and Education
Requirements. The advisory circular
describes the relief and provides
guidance on how to comply with the
rule’s provisions. It also includes
frequently asked questions and
guidance on how a nonprofit or not-forprofit general aviation stakeholder
group can offer an approved course
under this rule.
XII. Section-by-Section Discussion of
the Final Rule
In part 61, Certification: Pilots, flight
instructors, and ground instructors,
§ 61.3, requirement for certificates,
ratings, and authorizations, is revised to
add operations conducted under this
rule to the list of exceptions to the
requirement to hold a medical
certificate.41 Section 61.3 is also
amended to add the documents
establishing alternative medical
qualification under part 68 to the list of
documents available for inspection
under paragraph (l).
Section 61.23, medical certificates:
requirement and duration, is revised to
provide an exception for operations
conducted under this rule for persons
otherwise required to hold a third-class
medical certificate.
For operations requiring either a
medical certificate or U.S. driver’s
license, § 61.23(c)(1) is amended to state
that a person must hold and possess
either a medical certificate or a U.S.
driver’s license when exercising the
41 The FAA notes that § 61.113(i) contains the
operating requirements for this rule. The FAA also
notes that persons operating under this rule without
a medical certificate must hold a valid U.S. driver’s
license.
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privileges of a student, recreational or
private pilot certificate and operating
under this rule, or when exercising the
privileges of a flight instructor
certificate and acting as the PIC or as a
required flight crewmember if the flight
is conducted under this rule.
The FAA is also adding § 61.23(c)(3),
which contains the requirements for
persons using a U.S. driver’s license to
operate under this rule.
In § 61.89, the FAA is adding
paragraph (d) to allow the holder of a
student pilot certificate to operate under
this rule without holding a medical
certificate.
In § 61.101, the FAA is adding
paragraph (k) to allow a recreational
pilot to operate under this rule without
holding a medical certificate.
Section 61.113 is revised to add
paragraph (i), which contains the
operational requirements of section
2307.
The FAA is adding part 68,
Requirements for operating certain
small aircraft without a medical
certificate, to title 14 of the Code of
Federal Regulations. Section 68.1
provides the applicability of the part.
Section 68.3 provides the Medical
Education Course Requirements.
Section 68.5 implements the
requirements for the Comprehensive
Medical Examination, including the
requirements for the physician and the
individual.
Section 68.7 provides the
requirements for the Comprehensive
Medical Examination Checklist.
Section 68.9 implements the
requirements for the Special Issuance
Process.
Section 68.11 provides the FAA with
authority to require additional
information as described in FESSA.
In § 91.319, the FAA is adding
paragraph (j) to make clear that
experimental aircraft may operate under
the conditions and limitations of
§ 61.113(i).
XIII. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 and
Executive Order 13563 direct that each
Federal agency shall propose or adopt a
regulation only upon a reasoned
determination that the benefits of the
intended regulation justify its costs.
Second, the Regulatory Flexibility Act
of 1980 (Pub. L. 96–354) requires
agencies to analyze the economic
impact of regulatory changes on small
entities. Third, the Trade Agreements
Act (Pub. L. 96–39 as amended)
prohibits agencies from setting
standards that create unnecessary
obstacles to the foreign commerce of the
United States. In developing U.S.
standards, the Trade Agreements Act
requires agencies to consider
international standards and, where
3161
appropriate, that they be the basis of
U.S. standards. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4) requires agencies to prepare a
written assessment of the costs, benefits,
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local, or tribal governments, in the
aggregate, or by the private sector, of
$100 million or more annually (adjusted
for inflation with base year of 1995).
This portion of the preamble
summarizes the FAA’s analysis of the
economic impacts of this final rule. We
suggest readers seeking greater detail
read the full regulatory evaluation, a
copy of which we have placed in the
docket for this rulemaking.
In conducting these analyses, FAA
has determined that this final rule: (1)
Has benefits that justify its costs, (2) is
not an economically ‘‘significant
regulatory action’’ as defined in section
3(f) of Executive Order 12866, (3) is not
‘‘significant’’ as defined in DOT’s
Regulatory Policies and Procedures; (4)
will not have a significant economic
impact on a substantial number of small
entities; (5) will not create unnecessary
obstacles to the foreign commerce of the
United States; and (6) will not impose
an unfunded mandate on State, local, or
tribal governments, or on the private
sector by exceeding the threshold
identified above. These analyses are
summarized below.
Total Benefits and Costs of This Rule
TOTAL SAVINGS AND COSTS OF THE RULE
[2017 to 2026]
SAVINGS
COSTS
Medical Examination: 3rd Class Medical Certificates for Pilots Age 40-and-Over.
Medical Examination: 3rd Class Medical Certificates with a Special Issuances.
FAA Savings ...........................................................
Total Savings ...................................................
Present Value (7% discount rate) ............
$290,421,038
$262,656,213
90,679,136
Physical Examinations by State-Licensed Physician: Pilots Age 40-and-Over.
Physical Examinations by State-Licensed Physician: Special Issuance.
Online Training Course ..........................................
1,782,230
382,882,405
272,835,610
NDR Checks ..........................................................
Total Costs .............................................................
Present Value (7% discount rate) ..........................
7,422,763
315,139,427
227,799,517
$3,055,973
42,004,478
Totals may not add due to rounding.
sradovich on DSK3GMQ082PROD with RULES
Who is potentially affected by this Rule?
All pilots with eligible pilot
certificates are affected by this rule.
Eligible pilots will need to have held a
valid FAA medical certificate within the
10 years preceding the date of
enactment of FESSA, July 15, 2016, and
will need a valid U.S. driver’s license.
Assumptions:
• Costs and benefits are estimated
over 10 years from 2017 through 2026.
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• Costs and benefits are presented in
2016 dollars.
• The present value discount rate of
seven percent is used as required by the
Office of Management and Budget.
• An FAA medical examination with
an AME is approximately $117.
• An FAA follow-up evaluation with
an AME is approximately $58.50.
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• A pilot’s medical examination with
a state-licensed physician is
approximately $225.42
• An annual growth rate of 1.0
percent per year is applied to hourly
42 Four Coding and Payment Opportunities You
Might Be Missing, American Academy of Family
Physicians. 2016 May–June;23(3):30–35. https://
www.aafp.org/fpm/2016/0500/p30.html.
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wages per Department of Transportation
Guidance.43
• Vehicle operating cost per mile
(VOC) as determined by the Internal
Revenue Service (IRS) is $0.19.44
• The hourly rate of a pilot’s travel
time (VTTS) as determined by the
Department of Transportation (DOT) is
$12.50 in 2013. This value is augmented
by 1.0 percent per year to project future
benefits of travel time saved from 2013
to 2026.45
• The hourly rate of a pilot’s time
(VPT) as determined by DOT is $25.00
in 2013. This value is augmented by 1.0
percent per year to project the annual
growth rate of real median household
income from 2013 to 2026.46
• The FAA assumes 0.5 hours to
complete the MedXpress form.
• The FAA assumes that the time
required to fill out the MedXpress form
will be the same time required to fill out
section 1 of the medical checklist that
must be partially completed by the pilot
and taken to the physician.
• The FAA assumes 1 hour to
complete a medical examination.
• The FAA assumes 0.5 hours to
complete a follow-up evaluation.
• The value of FAA time to review
medical applications per hour is shown
in table 1 and includes fringe benefits
for federal employees.47
TABLE 1—2016 WEIGHTED AVERAGE OF HOURLY WAGE FOR FAA EMPLOYEES REVIEWING APPLICATIONS FOR MEDICAL
CERTIFICATES
Wages with
benefits
Number of
people
A
b
Legal instrument examiners 48 .....................................................................................................
Regional Flight Surgeons 49 .........................................................................................................
Senior Executives 50 ....................................................................................................................
Civil Aerospace Medicine Institute (CAMI) Medical Officers 51 ...................................................
Civil Aerospace Medicine Institute (CAMI) Physicians 52 ............................................................
Total ......................................................................................................................................
Weighted Average Wage Rate = $5,051/63 .................................................................
$50.46
139.59
139.59
139.59
139.59
a×b
42
9
3
6
3
63
$2,119
1,256
419
838
419
5,051
80.17
Totals may not add due to rounding.
Benefits of this Rule
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The FAA estimates potential savings
to pilots, based on age and a pilot’s
medical condition, from eliminating
medical examinations with an AME.
The elimination of these examinations
will save pilots the time to complete the
online medical application
(MedXpress), travel time to the medical
examination, the time required to
complete the medical examination,
vehicle operating costs based on miles
traveled to the examination, and the
cost of the medical examination. For
pilots with special-issuances, the FAA
anticipates added savings by
eliminating follow-up medical
evaluations, determined by their
medical condition, with an AME.
Additionally, the FAA will save time by
43 2015 Department of Transportation Value of
Travel Time Guidance; https://
www.transportation.gov/administrations/officepolicy/2015-value-travel-time-guidance.
44 Internal Revenue Service (IRS) Standard
Mileage Rate for 2016, 0.19 cents per mile driven
for medical or moving purposes; https://
www.irs.gov/uac/newsroom/2016-standard-mileagerates-for-business-medical-and-moving-announced
Dec. 17, 2015.
45 2015 Departmental Guidance on Valuation of
Travel Time in Economic Analyses; Table 4:
Recommended Hourly Values of Travel Time
Savings (Personal category for local surface modes
of transportation). https://www.transportation.gov/
administrations/office-policy/2015-value-traveltime-guidance.
46 2015 Departmental Guidance on Valuation of
Travel Time in Economic Analyses; Table 3:
Recommended Hourly Earning Rates for
Determining Values of Travel Time Savings, https://
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reducing the number of applications
reviewed for special-issuance medical
certificates. Total savings are estimated
at $382.9 million ($272.8 million at a 7
percent present value) over 10 years.
Costs of this Rule
Costs for this rule are attributed to the
physical examination completed by a
State-licensed physician every 48
months, the medical education course
that pilots will complete every 24
calendar months, and an increase in
NDR checks for pilots under age 40 with
a special issuance medical certificate.
Unlike pilots 40 years of age and older,
who the FAA expects will benefit from
the elimination of the AME
examinations, the FAA expects the
savings to pilots under 40 years of age
will only occur for those pilots requiring
www.transportation.gov/administrations/officepolicy/2015-value-travel-time-guidance.
47 https://www.whitehouse.gov/sites/default/files/
omb/memoranda/fy2008/m08-13.pdf.
48 2016 General Schedule (GS) Locality Pay
Tables; GS–11 Step 5 locality pay The REST OF
UNITED STATES; https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/pdf/2016/RUS_h.pdf ; plus fringe benefits;
https://www.whitehouse.gov/sites/default/files/omb/
memoranda/fy2008/m08-13.pdf.
49 SALARY TABLE NO. 2016–ES plus fringe
benefits; https://www.opm.gov/policy-dataoversight/pay-leave/salaries-wages/salary-tables/
pdf/2016/ES.pdf, Agencies with a Certified SES
Performance Appraisal System Maximum; https://
www.whitehouse.gov/sites/default/files/omb/
memoranda/fy2008/m08-13.pdf.
50 SALARY TABLE NO. 2016–ES plus fringe
benefits; https://www.opm.gov/policy-data-
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Authorization for a special issuance
medical certificate. Total costs are
estimated at $315.1 million ($227.8
million at a 7 percent present value)
over 10 years.
Overall, the rule results in a net
benefit of $67.7 million over 10 years.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354) (RFA) establishes ‘‘as a
principle of regulatory issuance that
agencies shall endeavor, consistent with
the objectives of the rule and of
applicable statutes, to fit regulatory and
informational requirements to the scale
of the businesses, organizations, and
governmental jurisdictions subject to
regulation. To achieve this principle,
agencies are required to solicit and
consider flexible regulatory proposals
oversight/pay-leave/salaries-wages/salary-tables/
pdf/2016/ES.pdf, Agencies with a Certified SES
Performance Appraisal System Maximum; https://
www.whitehouse.gov/sites/default/files/omb/
memoranda/fy2008/m08-13.pdf.
51 2016 General Schedule (GS) Locality Pay
Tables; GS–11 Step 5 locality pay The REST OF
UNITED STATES; https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/pdf/2016/RUS_h.pdf; plus fringe benefits;
https://www.whitehouse.gov/sites/default/files/omb/
memoranda/fy2008/m08-13.pdf.
52 2016 General Schedule (GS) Locality Pay
Tables; GS–11 Step 5 locality pay The REST OF
UNITED STATES; https://www.opm.gov/policydata-oversight/pay-leave/salaries-wages/salarytables/pdf/2016/RUS_h.pdf ; plus fringe benefits;
https://www.whitehouse.gov/sites/default/files/omb/
memoranda/fy2008/m08-13.pdf.
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sradovich on DSK3GMQ082PROD with RULES
and to explain the rationale for their
actions to assure that such proposals are
given serious consideration.’’ The RFA
covers a wide-range of small entities,
including small businesses, not-forprofit organizations, and small
governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in the
RFA.
The FAA believes that this final rule
would not have a significant impact on
a substantial number of entities for the
following reason: Pilots that choose to
use this alternative requirement will
receive a savings, however this final
rule is voluntary hence there are no
costs imposed on small entities.
If an agency determines that a
rulemaking will not result in a
significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the RFA. Therefore, as
provided in section 605(b), the head of
the FAA certifies that this rulemaking
will not result in a significant economic
impact on a substantial number of small
entities.
C. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39), as amended by the
Uruguay Round Agreements Act (Pub.
L. 103–465), prohibits Federal agencies
from establishing standards or engaging
in related activities that create
unnecessary obstacles to the foreign
commerce of the United States.
Pursuant to these Acts, the
establishment of standards is not
considered an unnecessary obstacle to
the foreign commerce of the United
States, so long as the standard has a
legitimate domestic objective, such as
the protection of safety, and does not
operate in a manner that excludes
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this final rule and
determined that it will only have a
domestic impact and therefore will not
create unnecessary obstacles to the
foreign commerce of the United States.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4)
requires each Federal agency to prepare
a written statement assessing the effects
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of any Federal mandate in a proposed or
final agency rule that may result in an
expenditure of $100 million or more (in
1995 dollars) in any one year by State,
local, and tribal governments, in the
aggregate, or by the private sector; such
a mandate is deemed to be a ‘‘significant
regulatory action.’’ The FAA currently
uses an inflation-adjusted value of
$155.0 million in lieu of $100 million.
This final rule does not contain such
a mandate; therefore, the requirements
of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that the
FAA consider the impact of paperwork
and other information collection
burdens imposed on the public.
According to the 1995 amendments to
the Paperwork Reduction Act, (5 CFR
1320.8(b)(2)(vi)), an agency may not
collect or sponsor the collection of
information, nor may it impose an
information collection requirement
unless it displays a currently valid
Office of Management and Budget
(OMB) control number. As required by
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), the FAA will
submit these information collection
amendments to OMB for its review.
To implement the Act, the FAA is
establishing one new information
collection. This information collection
includes the medical education course
as well as the Individual Checklist for
Medical Examination. Pursuant to the
requirements of the Paperwork
Reduction Act, the FAA published a 60day notice seeking comment regarding
this new information collection.
For those individuals who elect to use
this rule the FAA considers that they no
longer possess any airman medical
certificate. Thus, the FAA is making a
corresponding change to information
collection 2120–0034, Application for
Airman Medical Certificate, to reduce
the burden associated with that
information collection. The FAA
published a 60-day notice seeking
comment regarding the revision of this
existing information collection.
F. International Compatibility and
Cooperation
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
conform to International Civil Aviation
Organization Standards and
Recommended Practices to the
maximum extent practicable. The FAA
has reviewed ICAO Standards and
Recommended Practices (SARPs)
applicable to private pilots.
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Sfmt 4700
3163
The FAA has filed new differences
and modified certain existing
differences to reflect that certain U.S.
private pilots no longer are required to
hold a current FAA airman medical
certificate. A filing is required for
certain ICAO Annex 1 SARPs found in
Chapters 1, 2, and 6.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 5–6.6f and involves no
extraordinary circumstances.
XIV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this rule under
the principles and criteria of Executive
Order 13132, Federalism. The agency
has determined that this action will not
have a substantial direct effect on the
States, or the relationship between the
Federal Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
will not have Federalism implications.
B. Executive Order 13211, Regulations
That Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it is not a
‘‘significant energy action’’ under the
executive order and is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, Promoting
International Regulatory Cooperation
Executive Order 13609, Promoting
International Regulatory Cooperation,
(77 FR 26413, May 4, 2012) promotes
international regulatory cooperation to
meet shared challenges involving
health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
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XVI. Additional Information
PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
A. Availability of Rulemaking
Documents
An electronic copy of rulemaking
documents may be obtained from the
Internet by—
• Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
• Visiting the FAA’s Regulations and
Policies Web site at https://www.faa.gov/
regulations_policies or
• Accessing the Government
Publishing Office’s Web site at https://
www.fdsys.gov.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW., Washington, DC 20591, or
by calling (202) 267–9677. Requestors
must identify the docket or amendment
number of this rulemaking.
All documents the FAA considered in
developing this final rule, including
economic analyses and technical
reports, may be accessed from the
Internet through the Federal
eRulemaking Portal referenced above.
B. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the Internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects
14 CFR part 61
Aircraft, Airmen, Aviation safety,
Reporting and recordkeeping
requirements.
14 CFR part 68
Aircraft, Airmen, Health, Reporting
and recordkeeping requirements.
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14 CFR part 91
Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
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1. The authority citation for part 61 is
revised to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 44729,
44903, 45102–45103, 45301–45302; Sec.
2307 Pub. L. 114–190, 130 Stat. 615 (49
U.S.C. 44703 note).
2. In § 61.3, revise paragraphs
(c)(2)(viii) and (x) through (xii), add
paragraphs (c)(2)(xiii) and (xiv), and
revise paragraph (l) introductory text to
read as follows:
■
§ 61.3 Requirement for certificates,
ratings, and authorizations.
*
*
*
*
*
(c) * * *
(2) * * *
(viii) Is exercising the privileges of a
flight instructor certificate, provided the
person is not acting as pilot in
command or as a required pilot flight
crewmember;
* * *
(x) Is operating an aircraft within a
foreign country using a pilot license
issued by that country and possesses
evidence of current medical
qualification for that license;
(xi) Is operating an aircraft with a U.S.
pilot certificate, issued on the basis of
a foreign pilot license, issued under
§ 61.75, and holds a medical certificate
issued by the foreign country that issued
the foreign pilot license, which is in that
person’s physical possession or readily
accessible in the aircraft when
exercising the privileges of that airman
certificate;
(xii) Is a pilot of the U.S. Armed
Forces, has an up-to-date U.S. military
medical examination, and holds
military pilot flight status;
(xiii) Is exercising the privileges of a
student, recreational or private pilot
certificate for operations conducted
under the conditions and limitations set
forth in § 61.113(i) and holds a U.S.
driver’s license; or
(xiv) Is exercising the privileges of a
flight instructor certificate and acting as
pilot in command for operations
conducted under the conditions and
limitations set forth in § 61.113(i) and
holds a U.S. driver’s license.
*
*
*
*
*
(l) Inspection of certificate. Each
person who holds an airman certificate,
medical certificate, documents
establishing alternative medical
qualification under part 68 of this
chapter, authorization, or license
required by this part must present it and
their photo identification as described
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
in paragraph (a)(2) of this section for
inspection upon a request from:
*
*
*
*
*
■ 3. In § 61.23, revise paragraphs (a)(3),
(c)(1)(iii) and (iv), add paragraphs
(c)(1)(v) and (vi), revise paragraph (c)(2)
introductory text, and add paragraph
(c)(3) to read as follows:
§ 61.23 Medical certificates: Requirement
and duration.
(a) * * *
(3) Must hold at least a third-class
medical certificate—
(i) When exercising the privileges of
a private pilot certificate, recreational
pilot certificate, or student pilot
certificate, except when operating under
the conditions and limitations set forth
in § 61.113(i);
(ii) When exercising the privileges of
a flight instructor certificate and acting
as the pilot in command or as a required
flightcrew member, except when
operating under the conditions and
limitations set forth in § 61.113(i);
(iii) 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, except when
operating under the conditions and
limitations set forth in § 61.113(i); or
(iv) When performing the duties as an
Examiner in an aircraft when
administering a practical test or
proficiency check for an airman
certificate, rating, or authorization.
*
*
*
*
*
(c) * * *
(1) * * *
(iii) Exercising the privileges of a
flight instructor certificate with a sport
pilot rating while acting as pilot in
command or serving as a required flight
crewmember of a light-sport aircraft
other than a glider or balloon;
(iv) Serving as an Examiner and
administering a practical test for the
issuance of a sport pilot certificate in a
light-sport aircraft other than a glider or
balloon;
(v) Exercising the privileges of a
student, recreational or private pilot
certificate if the flight is conducted
under the conditions and limitations set
forth in § 61.113(i); or
(vi) Exercising the privileges of a
flight instructor certificate and acting as
the pilot in command or as a required
flight crewmember if the flight is
conducted under the conditions and
limitations set forth in § 61.113(i).
(2) A person using a U.S. driver’s
license to meet the requirements of
paragraph (c) while exercising sport
pilot privileges must—
* * *
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(3) A person using a U.S. driver’s
license to meet the requirements of
paragraph (c) while operating under the
conditions and limitations of § 61.113(i)
must meet the following requirements—
(i) The person must—
(A) Comply with all medical
requirements or restrictions associated
with his or her U.S. driver’s license;
(B) At any point after July 14, 2006,
have held a medical certificate issued
under part 67 of this chapter;
(C) Complete the medical education
course set forth in § 68.3 of this chapter
during the 24-calendar months before
acting as pilot in command in an
operation conducted under § 61.113(i)
and retain a certification of course
completion in accordance with
§ 68.3(b)(1) of this chapter;
(D) Receive a comprehensive medical
examination from a State-licensed
physician during the 48 months before
acting as pilot in command of an
operation conducted under § 61.113(i)
and that medical examination is
conducted in accordance with the
requirements in part 68 of this chapter;
and
(E) If the individual has been
diagnosed with any medical condition
that may impact the ability of the
individual to fly, be under the care and
treatment of a State-licensed physician
when acting as pilot in command of an
operation conducted under § 61.113(i).
(ii) The most recently issued medical
certificate—
(A) May include an authorization for
special issuance;
(B) May be expired; and
(C) Cannot have been suspended or
revoked.
(iii) The most recently issued
Authorization for a Special Issuance of
a Medical Certificate cannot have been
withdrawn; and
(iv) The most recent application for an
airman medical certificate submitted to
the FAA cannot have been completed
and denied.
*
*
*
*
*
■ 4. In § 61.89, add paragraph (d) to read
as follows:
§ 61.89
General Limitations.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(d) The holder of a student pilot
certificate may act as pilot in command
of an aircraft without holding a medical
certificate issued under part 67 of this
chapter provided the student pilot holds
a valid U.S. driver’s license, meets the
requirements of § 61.23(c)(3), and the
operation is conducted consistent with
the requirements of paragraphs (a) and
(b) of this section and the conditions of
§ 61.113(i). Where the requirements of
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paragraphs (a) and (b) of this section
conflict with § 61.113(i), a student pilot
must comply with paragraphs (a) and (b)
of this section.
■ 5. In § 61.101, add paragraph (k) to
read as follows:
3165
68.5
68.7
Comprehensive medical examination.
Comprehensive medical examination
checklist.
68.9 Special Issuance process.
68.11 Authority to require additional
information.
§ 61.101 Recreational pilot privileges and
limitations.
Authority: 49 U.S.C. 106(f), 44701–44703,
sec. 2307 of Pub. L. 114–190, 130 Stat. 615
(49 U.S.C. 44703 note).
*
§ 68.1
*
*
*
*
(k) A recreational pilot may act as
pilot in command of an aircraft without
holding a medical certificate issued
under part 67 of this chapter provided
the pilot holds a valid U.S. driver’s
license, meets the requirements of
§ 61.23(c)(3), and the operation is
conducted consistent with this section
and the conditions of § 61.113(i). Where
the requirements of this section conflict
with § 61.113(i), a recreational pilot
must comply with this section.
■ 6. In § 61.113, add paragraph (i) to
read as follows:
§ 61.113 Private pilot privileges and
limitations: Pilot in command.
*
*
*
*
*
(i) A private pilot may act as pilot in
command of an aircraft without holding
a medical certificate issued under part
67 of this chapter provided the pilot
holds a valid U.S. driver’s license, meets
the requirements of § 61.23(c)(3), and
complies with this section and all of the
following conditions and limitations:
(1) The aircraft is authorized to carry
not more than 6 occupants, has a
maximum takeoff weight of not more
than 6,000 pounds, and is operated with
no more than five passengers on board;
and
(2) The flight, including each portion
of the flight, is not carried out—
(i) At an altitude that is more than
18,000 feet above mean sea level;
(ii) Outside the United States unless
authorized by the country in which the
flight is conducted; or
(iii) At an indicated airspeed
exceeding 250 knots; and
(3) The pilot has available in his or
her logbook—
(i) The completed medical
examination checklist required under
§ 68.7 of this chapter; and
(ii) The certificate of course
completion required under § 61.23(c)(3).
■ 7. Add part 68 to subchapter D to read
as follows:
PART 68—REQUIREMENTS FOR
OPERATING CERTAIN SMALL
AIRCRAFT WITHOUT A MEDICAL
CERTIFICATE
Sec.
68.1
68.3
PO 00000
Applicability.
Medical education course
requirements.
Frm 00035
Fmt 4700
Sfmt 4700
Applicability.
This part prescribes the medical
education and examination
requirements for operating an aircraft
under § 61.113(i) of this chapter without
holding a medical certificate issued
under part 67 of this chapter.
§ 68.3 Medical education course
requirements.
(a) The medical education course
required to act as pilot in command in
an operation under § 61.113(i) of this
chapter must—
(1) Educate pilots on conducting
medical self-assessments;
(2) Advise pilots on identifying
warning signs of potential serious
medical conditions;
(3) Identify risk mitigation strategies
for medical conditions;
(4) Increase awareness of the impacts
of potentially impairing over-thecounter and prescription drug
medications;
(5) Encourage regular medical
examinations and consultations with
primary care physicians;
(6) Inform pilots of the regulations
pertaining to the prohibition on
operations during medical deficiency
and medically disqualifying conditions;
and
(7) Provide the checklist developed by
the FAA in accordance with § 68.7.
(b) Upon successful completion of the
medical education course, the following
items must be electronically provided to
the individual seeking to act as pilot in
command under the conditions and
limitations of § 61.113(i) of this chapter
and transmitted to the FAA—
(1) A certification of completion of the
medical education course, which shall
be retained in the individual’s logbook
and made available upon request, and
shall contain the individual’s name,
address, and airman certificate number;
(2) A release authorizing single access
to the National Driver Register through
a designated State Department of Motor
Vehicles to furnish to the FAA
information pertaining to the
individual’s driving record;
(3) A certification by the individual
that the individual is under the care and
treatment of a physician if the
individual has been diagnosed with any
medical condition that may impact the
ability of the individual to fly, as
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required under § 61.23(c)(3) of this
chapter;
(4) A form that includes—
(i) The name, address, telephone
number, and airman certificate number
of the individual;
(ii) The name, address, telephone
number, and State medical license
number of the physician performing the
comprehensive medical examination;
(iii) The date of the comprehensive
medical examination; and
(iv) A certification by the individual
that the checklist described in § 68.7
was followed and signed by the
physician during the medical
examination required by this section;
and
(5) A statement, which shall be signed
by the individual certifying that the
individual understands the existing
prohibition on operations during
medical deficiency by stating: ‘‘I
understand that I cannot act as pilot in
command, or any other capacity as a
required flight crew member, if I know
or have reason to know of any medical
condition that would make me unable to
operate the aircraft in a safe manner.’’.
§ 68.5 Comprehensive medical
examination.
(a) Prior to the medical examination
required by § 61.23(c)(3) of this chapter,
an individual must—
(1) Complete the individual’s section
of the checklist described in § 68.7; and
(2) Provide the completed checklist to
the State-licensed physician performing
the medical examination.
(b) The physician must—
(1) Conduct the medical examination
in accordance with the checklist set
forth in § 68.7,
(2) Check each item specified during
the examination; and
(3) Address, as medically appropriate,
every medical condition listed and any
medications the individual is taking.
sradovich on DSK3GMQ082PROD with RULES
§ 68.7 Comprehensive medical
examination checklist.
The comprehensive medical
examination required to conduct
operations under § 61.113(i) must
include a checklist containing the
following:
(a) A section, for the individual to
complete that contains—
(1) Boxes 3 through 13 and boxes 16
through 19 of the FAA Form 8500–8 (3–
99); and
(2) A signature line for the individual
to affirm that—
(i) The answers provided by the
individual on that checklist, including
the individual’s answers regarding
medical history, are true and complete;
(ii) The individual understands that
he or she is prohibited under FAA
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regulations from acting as pilot in
command, or any other capacity as a
required flight crew member, if he or
she knows or has reason to know of any
medical deficiency or medically
disqualifying condition that would
make the individual unable to operate
the aircraft in a safe manner; and
(iii) The individual is aware of the
regulations pertaining to the prohibition
on operations during medical deficiency
and has no medically disqualifying
conditions in accordance with
applicable law;
(b) A section with instructions for the
individual to provide the completed
checklist to the State-licensed physician
performing the comprehensive medical
examination required under § 68.5; and
(c) A section, for the physician to
complete, that instructs the physician—
(1) To perform a clinical examination
of—
(i) Head, face, neck, and scalp;
(ii) Nose, sinuses, mouth, and throat;
(iii) Ears, general (internal and
external canals), and eardrums
(perforation);
(iv) Eyes (general), ophthalmoscopic,
pupils (equality and reaction), and
ocular motility (associated parallel
movement, nystagmus);
(v) Lungs and chest (not including
breast examination);
(vi) Heart (precordial activity, rhythm,
sounds, and murmurs);
(vii) Vascular system (pulse,
amplitude, and character, and arms,
legs, and others);
(viii) Abdomen and viscera (including
hernia);
(ix) Anus (not including digital
examination);
(x) Skin;
(xi) G–U system (not including pelvic
examination);
(xii) Upper and lower extremities
(strength and range of motion);
(xiii) Spine and other
musculoskeletal;
(xiv) Identifying body marks, scars,
and tattoos (size and location);
(xv) Lymphatics;
(xvi) Neurologic (tendon reflexes,
equilibrium, senses, cranial nerves, and
coordination, etc.);
(xvii) Psychiatric (appearance,
behavior, mood, communication, and
memory);
(xviii) General systemic;
(xix) Hearing;
(xx) Vision (distant, near, and
intermediate vision, field of vision,
color vision, and ocular alignment);
(xxi) Blood pressure and pulse; and
(xxii) Anything else the physician, in
his or her medical judgment, considers
necessary;
(2) To exercise medical discretion to
address, as medically appropriate, any
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
medical conditions identified, and to
exercise medical discretion in
determining whether any medical tests
are warranted as part of the
comprehensive medical examination;
(3) To discuss all drugs the individual
reports taking (prescription and
nonprescription) and their potential to
interfere with the safe operation of an
aircraft or motor vehicle;
(4) To sign the checklist, stating: ‘‘I
certify that I discussed all items on this
checklist with the individual during my
examination, discussed any medications
the individual is taking that could
interfere with his or her ability to safely
operate an aircraft or motor vehicle, and
performed an examination that included
all of the items on this checklist. I
certify that I am not aware of any
medical condition that, as presently
treated, could interfere with the
individual’s ability to safely operate an
aircraft.’’; and
(5) To provide the date the
comprehensive medical examination
was completed, and the physician’s full
name, address, telephone number, and
State medical license number.
§ 68.9
Special Issuance process.
(a) General. An individual who has
met the qualifications to operate an
aircraft under § 61.113(i) of this chapter
and is seeking to serve as a pilot in
command under that section must have
completed the process for obtaining an
Authorization for Special Issuance of a
Medical Certificate for each of the
following:
(1) A mental health disorder, limited
to an established medical history or
clinical diagnosis of—
(i) A personality disorder that is
severe enough to have repeatedly
manifested itself by overt acts;
(ii) A psychosis, defined as a case in
which an individual—
(A) Has manifested delusions,
hallucinations, grossly bizarre or
disorganized behavior, or other
commonly accepted symptoms of
psychosis; or
(B) May reasonably be expected to
manifest delusions, hallucinations,
grossly bizarre or disorganized behavior,
or other commonly accepted symptoms
of psychosis;
(iii) A bipolar disorder; or
(iv) A substance dependence within
the previous 2 years, as defined in
§ 67.307(a)(4) of this chapter.
(2) A neurological disorder, limited to
an established medical history or
clinical diagnosis of any of the
following:
(i) Epilepsy;
(ii) Disturbance of consciousness
without satisfactory medical
explanation of the cause; or
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(iii) A transient loss of control of
nervous system functions without
satisfactory medical explanation of the
cause.
(3) A cardiovascular condition,
limited to a one-time special issuance
for each diagnosis of the following:
(i) Myocardial infarction;
(ii) Coronary heart disease that has
required treatment;
(iii) Cardiac valve replacement; or
(iv) Heart replacement.
(b) Special rule for cardiovascular
conditions. In the case of an individual
with a cardiovascular condition, the
process for obtaining an Authorization
for Special Issuance of a Medical
Certificate shall be satisfied with the
successful completion of an appropriate
clinical evaluation without a mandatory
wait period.
(c) Special rule for mental health
conditions. (1) In the case of an
individual with a clinically diagnosed
mental health condition, the ability to
operate an aircraft under § 61.113(i) of
this chapter shall not apply if—
(i) In the judgment of the individual’s
State-licensed medical specialist, the
condition—
(A) Renders the individual unable to
safely perform the duties or exercise the
airman privileges required to operate an
aircraft under § 61.113(i) of this chapter;
or
(B) May reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
required to operate an aircraft under
§ 61.113(i) of this chapter; or
(ii) The individual’s driver’s license is
revoked by the issuing agency as a result
of a clinically diagnosed mental health
condition.
(2) Subject to paragraph (c)(1) of this
section, an individual clinically
diagnosed with a mental health
condition shall certify every 2 years, in
conjunction with the certification under
§ 68.3(b)(3), that the individual is under
the care of a State-licensed medical
specialist for that mental health
condition.
(d) Special rule for neurological
conditions. (1) In the case of an
individual with a clinically diagnosed
neurological condition, the ability to
operate an aircraft under § 61.113(i) of
this chapter shall not apply if—
(i) In the judgment of the individual’s
State-licensed medical specialist, the
condition—
(A) Renders the individual unable to
safely perform the duties or exercise the
airman privileges required to operate an
aircraft under § 61.113(i) of this chapter;
or
(B) May reasonably be expected to
make the individual unable to perform
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the duties or exercise the privileges
required to operate an aircraft under
§ 61.113(i) of this chapter; or
(ii) The individual’s driver’s license is
revoked by the issuing agency as a result
of a clinically diagnosed neurological
condition.
(2) Subject to paragraph (d)(1) of this
section, an individual clinically
diagnosed with a neurological condition
shall certify every 2 years, in
conjunction with the certification under
§ 68.3(b)(3), that the individual is under
the care of a State-licensed medical
specialist for that neurological
condition.
§ 68.11 Authority to require additional
information.
(a) If the Administrator receives
credible or urgent information,
including from the National Driver
Register or the Administrator’s Safety
Hotline, that reflects on an individual’s
ability to safely operate an aircraft under
§ 61.113(i) of this chapter, the
Administrator may require the
individual to provide additional
information or history so that the
Administrator may determine whether
the individual is safe to continue
operating under that section.
(b) The Administrator may use
credible or urgent information received
under paragraph (a) to request an
individual to provide additional
information or to take actions under 49
U.S.C. 44709(b).
PART 91—GENERAL OPERATING AND
FLIGHT RULES
8. The authority citation for part 91 is
revised to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 1155,
40101, 40103, 40105, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315,
46316, 46504, 46506–46507, 47122, 47508,
47528–47531, 47534, Pub. L. 114–190, 130
Stat. 615 (49 U.S.C. 44703 note); articles 12
and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).
9. In § 91.319, add paragraph (j) to
read as follows:
■
§ 91.319 Aircraft having experimental
certificates: Operating limitations.
*
*
*
*
*
(j) No person may operate an aircraft
that has an experimental certificate
under § 61.113(i) of this chapter unless
the aircraft is carrying not more than 6
occupants.
Issued in Washington, DC, under the
authority of 49 U.S.C. 106(f) and Sec. 2307
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
3167
of Public Law 114–190 on December 22,
2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016–31602 Filed 1–10–17; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2016–8163; Airspace
Docket No. 16–ANM–2]
Establishment of Class E Airspace,
Thermopolis, WY
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E airspace extending upward from 700
feet above the surface at Hot Springs
County Airport, Thermopolis, WY, to
support the development of Instrument
Flight Rules (IFR) operations under
standard instrument approach and
departure procedures at the airport, for
the safety and management of aircraft
within the National Airspace System.
DATES: Effective 0901 UTC, March 2,
2017. The Director of the Federal
Register approves this incorporation by
reference action under Title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.11A,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed on line at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Airspace Policy Group, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone: 202–
267–8783. The Order is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT: Tom
Clark, Federal Aviation Administration,
Operations Support Group, Western
Service Center, 1601 Lind Avenue SW.,
Renton, WA 98057; telephone (425)
203–4511.
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3149-3167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31602]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 68, and 91
[Docket No.: FAA-2016-9157; Amdt. Nos. 61-140, 68-1, and 91-347]
RIN 2120-AK96
Alternative Pilot Physical Examination and Education Requirements
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule will allow airmen to exercise pilot in command
privileges in certain aircraft without holding a current medical
certificate. This rule, which conforms FAA regulations with
legislation, is intended to ensure that pilots who complete a medical
education course, meet certain medical requirements, and comply with
aircraft and operating restrictions are allowed to act as pilot in
command for most part 91 operations.
[[Page 3150]]
DATES: This rule is effective on May 1, 2017.
Docket: Background documents may be read at https://www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John Linsenmeyer, General Aviation and
Commercial Division, AFS-800, Flight Standards Service, Federal
Aviation Administration, 55 M Street SE., 8th floor, Washington, DC
20003; telephone: (202) 267-1100; email: 9-AWA-AFS-BasicMed@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
The Federal Aviation Administration (FAA) Extension, Safety, and
Security Act of 2016 (Pub. L. 114-190) (FESSA) was enacted on July 15,
2016. Section 2307 of FESSA, Medical Certification of Certain Small
Aircraft Pilots, directed the FAA to ``issue or revise regulations to
ensure that an individual may operate as pilot in command of a covered
aircraft'' without having to undergo the medical certification process
under 14 CFR part 67 if the pilot and aircraft meet certain prescribed
conditions as outlined in FESSA. The FAA is amending parts 61 and 91
and creating a new part 68 to conform to this legislation.
This final rule implements, without interpretation, the
requirements of section 2307 of FESSA. This rule reiterates the
provisions of section 2307 of FESSA and describes how the FAA is
implementing those provisions.
II. Legal Authority and Administrative Procedure Act
A. Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This final rule is promulgated under the authority described in
Subtitle VII, Part A, Subpart iii, section 44701, General Requirements;
section 44702, Issuance of Certificates; and section 44703, Airman
Certificates. Under these sections, the FAA is charged with prescribing
regulations and minimum standards for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. The FAA is also authorized to issue certificates, including
airman certificates and medical certificates, to qualified individuals.
This rule is within the scope of that authority.
This rule is further promulgated under section 2307 of Public Law
114-190, the FAA Extension, Safety and Security Act of 2016. Section
2307, Medical Certification of Certain Small Aircraft Pilots, provides
the requirements and terms of this rule.
B. Administrative Procedure Act
The Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) requires
an agency to conduct notice and comment rulemaking except when the
agency for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rules issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest. The FAA finds that notice and the opportunity to
comment are unnecessary and contrary to the public interest in this
action because the FAA has simply adopted the statutory language
without interpretation and is implementing that language directly into
the regulations. The FAA further finds that delaying implementation of
this rule to allow for notice and comment would be contrary to the
public interest as to do so would delay the new privileges Congress
sought to provide.
III. Background
A. Current Situation
In general, a person may serve as a required pilot flightcrew
member of an aircraft only if that person holds the appropriate medical
certificate.\1\ 14 CFR 61.3(c)(1). There are a few exceptions to this
requirement, such as for pilots flying gliders, balloons, and/or light-
sport aircraft. 14 CFR 61.3(c)(2).
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\1\ When referring to a ``medical certificate'' in this final
rule, the FAA is referring only to a current and valid first-,
second-, or third-class FAA airman medical certificate issued under
14 CFR part 67, which may have been issued under an authorization
for special issuance (``special issuance medical certificate'').
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A medical certificate provides validation that a person meets FAA
medical certification requirements. Title 14, Code of Federal
Regulations (14 CFR) part 67 provides for the issuance of three classes
of medical certificates--first-, second-, and third-class medical
certificates.\2\ At minimum, a third-class medical certificate is
required for operations requiring a private pilot certificate, a
recreational pilot certificate, a flight instructor certificate (when
acting as pilot in command or serving as a required flight crewmember
in operations other than glider or balloon), or a student pilot
certificate. An applicant who is found to meet the appropriate medical
standards,\3\ based on a medical examination and an evaluation of the
applicant's history and condition, is entitled to a medical certificate
without restriction or limitation.
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\2\ In most cases, a first-class medical certificate is required
for operations requiring an airline transport pilot (ATP)
certificate. At minimum, a second-class medical certificate is
required for operations requiring a commercial pilot certificate.
The requirement to hold a first or second class medical certificate
when exercising the privileges of a commercial or airline transport
pilot certificate is not changed by this rulemaking.
\3\ Part 67 contains the requirements for medical standards and
certification.
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A person obtains a medical certificate by completing an online
application (FAA form 8500-8, Application for Medical Certificate)
using the FAA's medical certificate application tool, MedXPress, on the
FAA Web site and undergoing a physical examination with an FAA-
designated Aviation Medical Examiner (AME). The majority of applicants
are issued an unrestricted medical certificate by an AME. An AME may
defer an applicant to the FAA for further review (which may include
further examination by a specialist physician) when there is
information indicating the existence or potential of an adverse medical
finding that may warrant further FAA medical evaluation and oversight.
Title 14 CFR 61.23 specifies the duration of validity for unrestricted
medical certificates based on the applicant's age on the date of
examination. For third-class medical certificates, certificates for
airmen under age 40 are valid for 5 years and for airmen age 40 and
over are valid for 2 years.
B. Section 2307, Medical Certification of Certain Small Aircraft Pilots
Section 2307, Medical Certification of Certain Small Aircraft
Pilots, provides that, within 180 days of enactment of Public Law 114-
190, the FAA Extension, Safety and Security Act of 2016, the
Administrator of the FAA shall issue or revise regulations to ensure
that an individual may operate as pilot in command of a covered
aircraft if certain provisions stipulated in section 2307 of FESSA are
met. Those provisions, discussed further below, include requirements
for the person to:
Possess a valid driver's license;
Have held a medical certificate at any time after July 15,
2006;
Have not had the most recently held medical certificate
revoked, suspended, or withdrawn;
[[Page 3151]]
Have not had the most recent application for airman
medical certification completed and denied;
Have taken a medical education course within the past 24
calendar months;
Have completed a comprehensive medical examination within
the past 48 months;
Be under the care of a physician for certain medical
conditions;
Have been found eligible for special issuance of a medical
certificate for certain specified mental health, neurological, or
cardiovascular conditions;
Consent to a National Driver Register check;
Fly only certain small aircraft, at a limited altitude and
speed, and only within the United States;
Not fly for compensation or hire.
The FAA notes that the use of this rule by any eligible pilot is
voluntary. Persons may elect to use this rule or may continue to
operate using any valid FAA medical certificate.\4\ The FAA recognizes
that a pilot who holds a medical certificate may choose to exercise
this rule and not to exercise the privileges of his or her medical
certificate. Even though a pilot chooses not to exercise the privileges
of the medical certificate for a particular operation, the FAA retains
the authority to pursue enforcement action to suspend or revoke that
medical certificate where there is evidence that the pilot does not
meet the FAA's medical certification standards. 49 U.S.C. 44709(a).
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\4\ Section 2307(k) states the provisions and requirements of
the section do not apply to anyone who elects to operate under Sec.
61.23(b) and (c)--which govern operations not requiring a medical
certificate and operations requiring either a medical certificate or
U.S. driver's license, respectively. Because this final rule amends
Sec. 61.23(c) to include the relief outlined in FESSA, the
reference to Sec. 61.23(c) in section 2307(k) applies to that
section as it was written at the time the legislation was enacted.
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IV. Pilot Requirements of Section 2307 of FESSA
Section 2307(a)(1) through (7) contains several requirements the
pilot must meet in order to act as pilot-in-command (PIC) of a covered
aircraft. The FAA is implementing those requirements by revising Sec.
61.23(c)(1) and by adding new Sec. 61.23(c)(3).\5\ The following
sections discuss the pilot requirements of section 2307 and the FAA's
implementation of those requirements in more detail.
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\5\ Section 61.23(c) currently addresses operations that may be
conducted using either a medical certificate or a U.S. driver's
license.
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A. Applicability of Section 2307
Section 2307(a) states that an ``individual'' may operate as PIC of
a covered aircraft in accordance with the requirements of FESSA. Thus,
the privileges of this rule are not limited to persons holding a
private pilot certificate; it also applies to persons exercising
student pilot, recreational pilot, and private pilot privileges and to
persons exercising flight instructor privileges when acting as PIC.\6\
Accordingly, Sec. Sec. 61.3 and 61.23 indicate that persons exercising
the privileges of these certificates may act as PIC of an operation
conducted under the conditions and limitations set forth in Sec.
61.113.\7\ However, persons exercising privileges of a student pilot or
recreational pilot certificate must continue to operate consistent with
the limitations on their certificate.\8\ The FAA is therefore adding
new Sec. Sec. 61.89(d) and 61.101(k) to make clear that while
individuals exercising the privileges of a student pilot or
recreational pilot certificates may operate under Sec. 61.113(i), they
must comply with the limitations in Sec. Sec. 61.89 and 61.101, as
applicable, when those limitations conflict with Sec. 61.113(i).
Individuals holding a private pilot certificate issued on the basis of
a foreign pilot license under Sec. 61.75 may also operate under this
rule, provided they meet the requirements of Sec. Sec. 61.23(c)(3) and
61.113(i). However, an individual who is applying for a U.S. private
pilot certificate under Sec. 61.75 is still required to hold a medical
certificate issued under part 67 or a medical license issued by the
country that issued the person's foreign pilot license.\9\ Section 2307
does not apply to persons exercising privileges of a commercial pilot
certificate or an airline transport pilot certificate because section
2307 prohibits operations for compensation or hire.\10\ Persons
exercising privileges of a commercial pilot or ATP certificate must
continue to hold a first or second class medical certificate in
accordance with Sec. 61.23(a)(1) and (2).
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\6\ The FAA has found that, in conducting flight training, the
PIC is not carrying passengers or property for compensation or hire,
nor is acting as PIC of an aircraft for compensation or hire. Final
Rule, ``Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules,'' 62 FR 16220, at 16242 (Apr. 4, 1997).
\7\ Section 61.113(i) contains the operating requirements of
section 2307. Section 61.23(a)(3) requires a person to hold 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. Accordingly, this rule contains a conforming amendment
to allow these pilots to operate under the conditions and
limitations of Sec. 61.113(i) when taking a practical test.
\8\ Section 61.89 contains the general limitations of a student
pilot. Section 61.101 contains the privileges and limitations for
recreational pilots.
\9\ Under Sec. 61.75(b), a person who holds a foreign pilot
license issued by a contracting State to the Convention on
International Civil Aviation may be issued a U.S. private pilot
certificate based on the foreign pilot license without any further
showing of proficiency, provided the applicant meets the
requirements of Sec. 61.75. One of these requirements is to hold a
medical certificate issued under part 67 or a medical license issued
by the country that issued the person's foreign pilot license. 14
CFR 61.75(b)(4).
\10\ The FAA notes that Sec. 61.113 provides that certain
activities conducted by a private pilot acting as PIC are excepted
from the general prohibition on operations conducted for
compensation or hire. These activities are listed in Sec.
61.113(b)-(h). Although the FAA considers these activities to be
operations involving compensation or hire, the compensation or hire
exceptions for these operations permit these operations to be
conducted under this rule.
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B. Valid Driver's License (Sec. 61.23(c)(1) and (c)(3))
Section 2307(a)(1) of FESSA requires that, to be eligible to act as
PIC without a medical certificate, an individual possess a valid
driver's license issued by a State, territory, or possession of the
United States and comply with all medical requirements or restrictions
associated with that license. As with other FAA regulations, the FAA
interprets ``valid driver's license'' to mean a current and valid U.S.
driver's license. Each State will determine what, if any, medical
requirements or restrictions are necessary and associated with each
driver's license issued.
The FAA is implementing section 2307(a)(1) by revising Sec.
61.23(c)(1) and by adding new Sec. 61.23(c)(3). The FAA is adding
paragraphs (v) and (vi) to Sec. 61.23(c)(1) to require a person
exercising a student pilot certificate, recreational pilot certificate,
private pilot certificate, or flight instructor certificate (while
acting as the pilot in command or as a required flight crewmember) to
hold and possess either a medical certificate or a driver's license
issued by a State, territory, or possession of the U.S. when operating
under this rule. Additionally, the FAA is adding new Sec. 61.23(c)(3)
to require a person using a U.S. driver's license to meet the
requirements of Sec. 61.23(c)(1) while operating under section 2307 of
FESSA to comply with all medical requirements or restrictions
associated with his or her U.S. driver's license.
The FAA notes that, while some pilots use an official passport as a
valid form of photo identification under Sec. 61.3(a)(2), it does not
meet the requirements of section 2307(a)(1) of FESSA. All pilots,
including pilots who were issued U.S. private pilot certificates in
accordance with Sec. 61.75,
[[Page 3152]]
must hold a U.S. driver's license to operate under this rule. An
international driver's license or any driver's license issued by a
country or territory other than the United States does not suffice to
meet this requirement.
Individuals who do not have a medical certificate and whose
driver's license has been revoked or rescinded for any reason are not
eligible to use this rule, unless and until the driver's license is
reinstated. Any restrictions on a driver's license (e.g., corrective
lenses, prosthetic aids required, daylight driving only) also apply
under this rule.
Since FESSA requires the individual to possess a driver's license,
pilots are required to have the driver's license in their personal
possession when operating using this rule.
C. Medical Certificate Issued by the FAA (Sec. 61.23(c)(3)(i)(B))
Section 2307(a)(2) of FESSA requires that the individual (1) hold a
medical certificate issued by the FAA on the date of enactment of
Public Law 114-190, (2) have held a medical certificate at any point
during the 10-year period preceding the date of enactment, or (3)
obtain a medical certificate after the date of enactment. Because
Public Law 114-190 was signed into law on July 15, 2016,\11\ the FAA
calculates the 10-year period preceding the date of enactment as
beginning on July 15, 2006. Thus, at any point after July 14, 2006, a
person must have held a medical certificate issued under part 67. The
FAA is implementing this requirement in Sec. 61.23(c)(3)(i)(B).
---------------------------------------------------------------------------
\11\ Public Law 114-190.
---------------------------------------------------------------------------
Consistent with section 2307(a)(3) of FESSA, the medical
certificate required under Sec. 61.23(c)(3)(i)(B) may have been a
first-, second-, or third-class medical certificate, including a
medical certificate issued under an authorization for special issuance
(``special issuance medical certificate'').
A person who has not held a medical certificate at any point after
July 14, 2006, must obtain a medical certificate issued under part 67.
After that medical certificate expires, that person may use, or
continue to use, the alternative pilot physical examination and
education requirements, provided that person meets the other conditions
and limitations.
For individuals relying on an already expired certificate, a person
should use the date that his or her most recent medical certificate
expired to determine whether it meets the 10-year period look-back
described in FESSA. Special-issuance medical certificates are always
time-limited and will explicitly state the date when the certificate
expires or is no longer valid. Therefore, any special-issuance medical
certificate with an expiration date on or after July 15, 2006, would
meet the 10-year look-back requirement.
Unrestricted (``regular issuance'') medical certificates do not
list a specific expiration date. Therefore, persons with an
unrestricted FAA medical certificate should refer to the ``Date of
Examination'' displayed on the certificate, and then use Sec. 61.23(d)
to determine when it expired for operations requiring a third-class
medical certificate.\12\ The expiration date is based on a person's age
on the date of the examination as calculated from his or her date of
birth (i.e., ``under age 40'' vs. ``age 40 and over''). For example, a
person born on January 2, 1963 would be ``under age 40'' if the date of
examination was January 1, 2003, but would be ``age 40 and over'' if
the examination occurred one day later on January 2, 2003. The FAA
advises individuals to carefully review Sec. 61.23(d), which specifies
the duration of medical certificates.\13\
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\12\ The FAA notes that a first or second class medical
certificate lapses into a third class medical certificate when it
exceeds the duration period for first or second class medical
certificates under Sec. 61.23(d). For example, for a pilot under
the age of 40, a first class medical certificate expires on the 12th
month after the month of the date of examination shown on the
medical certificate. Upon the date of expiration for a first class
medical certificate, the certificate would lapse into a third class
medical certificate.
\13\ On July 24, 2008, the FAA published a final rule,
``Modification of Certain Medical Standards and Procedures and
Duration of Certain Medical Certificates,'' that extended the
duration of certain medical certificates (73 FR 43059). Before the
2008 final rule, first-class medical certificates had a maximum
duration of 6 months, regardless of the person's age, while third-
class medical certificates had a maximum duration of 3 years for
individuals under age 40. With publication of the final rule, the
duration of first- and third-class medical certificates for
individuals under age 40 was extended to 1 year for first-class
medical certificates and 5 years for third-class medical
certificates. For persons over age 40, the duration of first- and
third-class medical certificates remained 6 months and 2 years,
respectively.
---------------------------------------------------------------------------
Persons age 40 or over on the date of their examination would meet
the 10-year period described in FESSA if their examination was on or
after July 15, 2004. This date is based on the two-year validity period
for third class medical certificates issued to persons age 40 or over.
Persons under age 40 on the date of their examination would meet the
10-year period described in FESSA if their examination was on or after
July 15, 2003. This date is based on the three-year validity period for
third class medical certificates issued to persons under 40 years of
age that was in effect prior to 2008.\14\
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\14\ Under the 2008 final rule that extended the duration of
third class medical certificates for persons under the age of 40
from three years to five years, the FAA construed the extended
validity period as ``reviving'' expired medical certificates if
those certificates would have been valid under the extended period.
For example, a third-class medical certificate issued in 2004 (four
years before the effective date of the 2008 rule) expired in 2007.
When the 2008 final rule became effective, the FAA applied the new
five-year duration to the expired certificate. Thus, the medical
certificate was revived and remained valid until 2009.
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Individuals operating under this rule are not required to carry or
possess the expired medical certificate when operating under this rule.
D. Requirements of a Medical Certificate (Sec. 61.23(c)(3)(ii) and
(iii))
Section 2307(a)(3) of FESSA requires that the most recent medical
certificate issued by the FAA to the individual: (1) Indicates whether
the certificate is first-, second-, or third-class; (2) may include
authorization for special issuance; (3) may be expired; (4) cannot have
been revoked or suspended; and (5) cannot have been withdrawn.
The requirement that the medical certificate indicate whether the
certificate is first-, second-, or third-class is captured in Sec.
61.23(c)(3)(i)(B), which requires the medical certificate to have been
issued under part 67.\15\ The FAA is implementing the remaining
requirements of section 2307(a)(3) in Sec. 61.23(c)(3)(ii) and (iii).
Accordingly, Sec. 61.23(c)(3)(ii) now states that the most recently
issued medical certificate: (1) May include an authorization for
special issuance; (2) may be expired; and (3) cannot have been
suspended, revoked, or withdrawn.
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\15\ Under part 67, a person may be issued a first-, second-, or
third-class medical certificate.
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Thus, the most recently issued medical certificate, which the
person must have held at any point after July 14, 2006, may have been a
special issuance medical certificate and may be expired. However, it
may not have been suspended or revoked, or in the case of an
authorization for a special issuance (i.e., a restricted medical
certificate), it may not have been withdrawn. Unrestricted medical
certificates can be suspended or revoked if the certificate holder does
not meet the medical standards of part 67 or as the result of
noncompliance with other regulatory requirements. The FAA may also
suspend or revoke a medical certificate on the basis of a reexamination
of that certificate under section 44709 of Title 49 of the United
States Code.
Section 2307 of FESSA states that the medical certificate ``cannot
have been revoked or suspended.'' Accordingly, if
[[Page 3153]]
a person's most recently issued medical certificate has been suspended
or revoked, the person must apply for and be issued a new medical
certificate prior to using the privileges afforded under this rule.
This holds true even if the medical certificate was suspended and
reinstated because FESSA expressly states that the certificate ``cannot
have been . . . suspended.'' \16\ Therefore, if a person's last medical
certificate was under suspension at any point in time that medical
certificate cannot be used for relief under this rule.
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\16\ If a person's medical certificate is suspended, modified,
or revoked under Sec. 67.413(b), that suspension or modification
remains in effect until the person provides the requested
information, history, or authorization to the FAA and until the FAA
determines that the person meets the medical standards set forth in
part 67. 14 CFR 67.413(c).
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Further, if the person's medical certificate expired while under
suspension, the person must apply for and be issued a new medical
certificate to use the privileges of this rule. This requirement is
based on the language in FESSA stating that the certificate ``cannot
have been suspended.'' The fact that the certificate expired while
under suspension does not change the fact that it was suspended (for
purposes of exercising relief under this rule).
Finally, Sec. 2307 requires that the most recently issued medical
certificate ``cannot have been withdrawn.'' The FAA notes that
unrestricted medical certificates may be denied, suspended, or revoked
and authorizations for special issuances (i.e., restricted medical
certificates) may be denied or withdrawn. Accordingly, the requirement
that the most recently issued authorization for special issuance cannot
have been withdrawn is implemented in Sec. 61.23(c)(3)(iii).
E. Application for an Airman Medical Certificate (Sec.
61.23(c)(3)(iv))
Section 2307(a)(4) of FESSA requires that the most recent
application for airman medical certification submitted to the FAA by
the individual cannot have been completed and denied. The FAA is
implementing this requirement in Sec. 61.23(c)(3)(iv).
Consistent with the Guide for Aviation Medical Examiners and online
information on the Aerospace Medical Certification Subsystem (AMCS),
the FAA considers an application to be completed once the AME imports
the individual's MedXPress application data into AMCS.\17\ If an
individual submits a MedXpress application but the information is never
imported into AMCS by an AME (e.g., the individual never makes an
appointment or does not show up for the appointment), then the un-
imported application would not be completed and, as such, the FAA would
have no basis to make a denial or other certification action.\18\
Therefore, any un-imported application would not be subject to the
portion of section 2307 relating to ``completed and denied''
applications, and the individual would look to the most recent
application where the FAA either issued or denied a medical certificate
in order to determine eligibility under this rule.
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\17\ ``Information for Aviation Medical Examiners Processing
MedXPress Applications'' instructs AMEs that ``MedX applications
must be imported before the applicant leaves your [the AME's]
office'' and ``As soon as you [the AME] import an application into
AMCS, it is a signed FAA form and should be treated accordingly.''
(https://www.faa.gov/other_visit/aviation_industry/designees_delegations/designee_types/ame/amcs/media/MedXPress%20AME%20Procedures_Jan%202012.pdf.)
\18\ When an individual does not follow up a MedXPress
application by presenting to an AME for an examination, the data
entered through MedXPress system remains valid for 60 days, after
which the application expires and is deleted from the MedXPress
system. (https://www.faa.gov/other_visit/aviation_industry/designees_delegations/designee_types/ame/amcs/media/MedXPress%20AME%20Procedures_Jan%202012.pdf.)
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After importing a MedXPress application into AMCS, the AME may take
one of three actions on the completed application. The AME may: (1)
Issue a medical certificate; (2) defer issuance to the FAA; or (3) deny
the issuance of a medical certificate. Guidance to AMEs makes clear
that once the AME has imported the individual's application in
MedXpress, the AME is required to transmit the application to the
FAA,\19\ regardless of whether (a) the applicant leaves the AME office
in the middle of the examination, (b) all elements of the AME's
examination have been accomplished, or (c) the applicant does/does not
provide all additional information required by the AME or the FAA.\20\
Whenever an AME defers an examination, the FAA makes a determination on
that application (denial or issuance).
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\19\ The AME Guide states that all completed applications and
medical examinations, unless otherwise directed by the FAA, must be
transmitted electronically via AMCS within 14 days after completion
to the AMCD (https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/app_process/general/disposition/.
\20\ The AME Guide states that, when an applicant is advised by
an Examiner that further examination and/or medical records are
needed, the applicant may elect not to proceed. The Examiner is
directed to note this in Block 60 [of the FAA form 8500-8,
Application for medical certificate]. No certificate should be
issued, and the Examiner should forward the application form to the
AMCD, even if the application is incomplete. (https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/app_process/app_review/item62/.)
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An individual's application is considered completed and denied and
that individual is unable to use the privileges of this rule when:
(1) An AME denies an application immediately after completing the
examination and the FAA does not reverse that decision.
(2) The FAA denies the application after the applicant has been
deferred by the AME.
(3) A denied application remains under judicial appeal (e.g., to
the National Transportation Safety Board), since no valid medical
certificate has been issued.
Additionally, if a person held a medical certificate within the 10-
year period preceding July 15, 2016, but subsequently submitted a new
application that was completed and denied, that person could not revert
to the previous medical certificate meeting the 10-year look back
requirement. That person would need to re-apply and be issued a new
medical certificate to use the privileges of this rule.
F. Completion of Medical Education Course (Sec. 61.23(c)(3)(i)(C))
Section 2307(a)(5) of FESSA requires the individual to have
completed a medical education course during the 24 calendar months
before acting as pilot in command of a covered aircraft and demonstrate
proof of completion of the course. The FAA notes that section 2307(c)
prescribes the medical education course requirements, which are
implemented in new part 68 and discussed in section VI of this
preamble.
Section 61.23(c)(3)(i)(C) implements the requirement to have
completed the medical education course during the 24 calendar months
before acting as PIC of an operation under Sec. 61.113(i).\21\ The
term ``24 calendar months'' as used throughout 14 CFR means ``24 unit
months,'' and ``unit months'' is defined as beginning on the first of
the month and ending on the last day of the month.\22\ Thus, a pilot
has from the beginning of the 24th calendar month before the month in
which he or she wants to act as PIC of an operation under Sec.
61.113(i) to complete the medical education course. For example, if a
pilot wants to act as PIC of an operation under Sec. 61.113(i) on
August 19, 2019, that pilot must have, since August 1, 2017, completed
the medical education course.
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\21\ Section 61.113(i) implements the operating requirements of
section 2307 of the Act.
\22\ Legal Interpretation to Mr. Sean Conlin (Feb. 24, 2000).
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[[Page 3154]]
G. Care and Treatment by a Physician (Sec. 61.23(c)(3)(i)(E))
Section 2307(a)(6) of FESSA requires that the individual, when
serving as PIC, is under the care and treatment of a physician if the
individual has been diagnosed with any medical condition that may
impact the ability of the individual to fly. This requirement is
implemented in Sec. 61.23(c)(3)(i)(E).
H. Receipt of Medical Exam During the Previous 48 Months (Sec.
61.23(c)(3)(i)(D))
Section 2307(a)(7) of FESSA requires the individual to have
received a comprehensive medical examination from a State-licensed
physician during the previous 48 months. This requirement is
implemented in Sec. 61.23(c)(3)(i)(D). The FAA notes that section
2307(a)(7) contains additional requirements regarding the comprehensive
medical examination. Those additional requirements are implemented in
new part 68 and discussed in section VII of this preamble.
In implementing section 2307(a)(7), the FAA notes that section
2307(a)(5) uses the term ``calendar months'' and section 2307(a)(7)
uses the term ``months.'' As evident from a legal interpretation issued
on February 24, 2000,\23\ the FAA interprets the terms ``calendar
months'' and ``months'' differently. The term ``calendar months'' means
``unit months,'' as previously discussed, which is defined as beginning
on the first day of the month and ending on the last day of the month.
The term ``months,'' however, means months from the exact date at
issue. For example, under Sec. 61.23(c)(3)(i)(D), if an individual
wants to act as PIC of an operation under Sec. 61.113(i) on July 19,
2021, that individual must have received a comprehensive medical
examination on or after July 19, 2017.
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\23\ Id.
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V. Covered Aircraft Requirements and Operating Requirements
Section 2307(j) of FESSA contains the covered aircraft requirements
and section 2307(a)(8) contains the operating requirements. The FAA is
implementing these requirements in new Sec. 61.113(i).\24\ The
following sections discuss the FAA's implementation of the covered
aircraft and operating requirements in more detail.
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\24\ Section 61.113 currently addresses private pilot privileges
and limitations.
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A. Covered Aircraft Requirements of Section 2307 of FESSA
Throughout section 2307, FESSA refers to a ``covered aircraft.''
Section 2307(j) of FESSA defines a covered aircraft as an aircraft that
(1) is authorized under Federal law to carry not more than 6 occupants;
and (2) has a maximum certificated takeoff weight of not more than
6,000 pounds.
The FAA is implementing these requirements for type certificated
aircraft in Sec. 61.113(i)(1). For type certificated aircraft, the
aircraft's design approval would authorize the number of occupants the
aircraft may carry and would contain the maximum certificated takeoff
weight. The aircraft's design approval may be a type certificate (TC),
a supplemental type certificate (STC), or an amended type certificate
(ATC). The FAA recognizes that changes could be made to an aircraft's
type design. For example, an aircraft type certificated to carry more
than 6 occupants may be altered to carry 6 or less occupants. In order
to make such a change, that aircraft would have to obtain a new design
approval, such as an STC or an ATC. So long as an aircraft's design
approval (i.e., TC, STC, or ATC) authorizes the aircraft to carry no
more than 6 occupants, that aircraft would meet the requirement of
section 2307(j)(1). Additionally, if an aircraft with a maximum
certificated takeoff weight of more than 6,000 pounds is altered to
have a maximum certificated takeoff weight of less than 6,000 pounds,
that aircraft would meet the requirement of section 2307(j)(2).
The FAA is implementing the requirements of section 2307(j) for
experimental aircraft by adding paragraph (j) to Sec. 91.319.
Experimental aircraft, which are not type certificated, are issued
special airworthiness certificates. The FAA prescribes operating
limitations to accompany the special airworthiness certificates.
Additionally, Sec. 91.319 prescribes operating limitations for
aircraft having experimental certificates. Consistent with section
2307(j) of FESSA, Sec. 91.319(j) states that no person may operate an
aircraft that has an experimental certificate under Sec. 61.113(i)
unless the aircraft is carrying not more than 6 occupants. The FAA is
adding this paragraph to make clear that experimental aircraft meet the
requirements for covered aircraft under this rule.
The FAA notes that the maximum takeoff weight of an experimental
aircraft is determined as part of the special airworthiness
certification process. Prior to issuing a special airworthiness
certificate, the FAA checks the current weight and balance information
for an aircraft, which includes the maximum gross weight established by
the operator.
While a person may operate an aircraft that meets the requirements
of section 2307(j) under this rule, the FAA notes that section 2307
does not relieve an aircraft from the requirement to be operated in
accordance with its operating limitations.\25\ Accordingly, if an
aircraft being operated under this rule has any operating limitations
that conflict with Sec. 61.113(i),\26\ that aircraft must comply with
its operating limitations.
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\25\ 14 CFR 91.9(a).
\26\ As noted previously, Sec. 61.113(i) implements the covered
aircraft requirements and operating requirements of the Act.
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B. Operating Requirements of Section 2307 of FESSA
Section 2307(a)(8) of FESSA requires that the individual operate in
accordance with the following operating requirements:
The covered aircraft is carrying not more than 5
passengers.
The individual is operating the covered aircraft under
visual flight rules or instrument flight rules.
The flight, including each portion of that flight, is not
carried out--
for compensation or hire, including that no passenger or
property on the flight is being carried for compensation or hire;
at an altitude that is more than 18,000 feet above mean
sea level;
outside the United States, unless authorized by the
country in which the flight is conducted; or
at an indicated airspeed exceeding 250 knots.
The following sections discuss the FAA's implementation of these
requirements in more detail.
1. The Covered Aircraft Is Carrying Not More Than 5 Passengers
Section 2307(a)(8)(A) of FESSA requires that the covered aircraft
carry no more than five passengers. This requirement is implemented in
Sec. 61.113(i)(1).
As previously discussed, section 2307(j) of FESSA requires the
covered aircraft to be authorized to carry no more than six occupants.
While section 2307(j) and section 2307(a)(8)(A) may appear to conflict,
the FAA notes that it interprets the terms ``occupants'' and
``passengers'' differently. The term ``occupants'' includes all persons
onboard an aircraft including any required flightcrew members.\27\ A
flightcrew member is required if he or she is required by type
certification of the aircraft or by regulation. The term
[[Page 3155]]
``passengers'' does not include required flight crewmembers. Therefore,
under this rule, a covered aircraft may be authorized to carry up to 6
occupants (including any required flight crewmembers) and may be
operated with up to five passengers on board. For example, a person may
operate an aircraft type certificated for one pilot flightcrew member
under this rule with up to five additional occupants on board. An
aircraft type certificated for two pilot flightcrew members may be
operated under this rule with up to four additional occupants on
board.\28\ An occupant in the aircraft (other than the pilot operating
under this rule) may be a passenger, a required pilot flightcrew member
(if the aircraft is type certificated for more than one pilot or if the
regulations require more than one pilot), or a flight instructor (if
the flight is a training operation). If a pilot operating an aircraft
under this rule carries another pilot on board who is not a required
pilot flightcrew member, that additional pilot would be a passenger
under the FAA's regulations.
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\27\ A flightcrew member means a pilot, flight engineer, or
flight navigator assigned to duty in an aircraft during flight time.
14 CFR 1.1
\28\ An operation requiring two pilots could not carry five
passengers under Sec. 2307(a)(8)(A) because it would exceed the
number of occupants allowed under Sec. 2307(j). The FAA considers
that, due to the limitations for maximum certificated takeoff
weight, all, or nearly all, covered aircraft will require only a
single pilot.
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The operations under this rule include training operations. As
such, a person may receive flight training from an FAA-authorized
flight instructor while the person receiving flight training is acting
as PIC and operating under this rule. Alternatively, an individual may
receive flight instruction from a flight instructor while the flight
instructor is acting as PIC and operating under this rule.
This rule is applicable only to the person acting as the PIC. Thus,
for any flight operated under this rule, the status of the medical
certificate of any other pilot aboard who is not acting as the PIC is
irrelevant. For example, flight instructors meeting the requirements of
this rule may act as PIC while giving flight training without holding a
medical certificate, regardless of whether the person receiving flight
training holds a medical certificate. While flight training for
compensation is considered ``other commercial flying'' for flight and
duty requirements under parts 121 and 135,\29\ ``a certificated flight
instructor who is acting as PIC and is receiving compensation for his
or her flight instruction is exercising flight instructor privileges
for the flight training being provided and is exercising private pilot
privileges while acting as PIC of the flight.'' \30\
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\29\ Legal Interpretation to Richard Martindell (March 11,
2009); Legal Interpretation to Arturo Rodriguez (July 2, 2012).
\30\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certification Rules, 62 FR 16220 (Apr. 4, 1997).
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2. Operate the Aircraft Under Visual Flight Rules or Instrument Flight
Rules
Section 2307(a)(8)(B) of FESSA permits an operation under that
section to be conducted under visual flight rules or instrument flight
rules. An individual operating under this rule may, therefore, conduct
the flight in visual meteorological conditions or instrument
meteorological conditions. The FAA notes, however, that FESSA does not
relieve an individual from the requirement to hold an instrument rating
and be instrument current to act as PIC under instrument flight rules.
Nor does FESSA relieve an aircraft from the requirement to be approved
for IFR operations in order to be operated under instrument flight
rules.
3. The Flight, Including Each Portion of the Flight
Section 2307(a)(8)(C) requires that the flight, including each
portion of the flight, is not carried out: (i) For compensation or
hire, including that no passenger or property on the flight is being
carried for compensation or hire; (ii) at an altitude that is more than
18,000 feet above mean sea level; (iii) outside the United States,
unless authorized by the country in which the flight is conducted; or
(iv) at an indicated air speed exceeding 250 knots.
Because the statute includes the phrase ``. . . flight, including
each portion of the flight,'' all of the limitations for the operation
set forth in section 2307(a)(8)(C)(i)-(iv) (i.e. compensation/hire
prohibition, altitude, geographic, and airspeed limitations) apply to
the entire flight. Accordingly, if this rule is being exercised in any
flight, it must be applied for the entire flight (takeoff to full-stop
landing) and all the operational restrictions apply for the entire
flight. The FAA is implementing the requirements of section
2307(a)(8)(C)(i)-(iv) in Sec. 61.113(i)(2)(i)-(iv). These requirements
are discussed in more detail below.
i. Flight Is Not Conducted for Compensation or Hire
Section 2307(a)(8)(C)(i) of FESSA requires that the flight,
including each portion of that flight, is not carried out for
compensation or hire, including that no passenger or property on the
flight is being carried for compensation or hire. Section 61.113(a)
already prohibits private pilots from acting as PIC of an aircraft that
is carrying passengers or property for compensation or hire and from
acting as PIC for compensation or hire. Accordingly, this FESSA
requirement is already addressed by the existing regulation.
ii. Altitude Restriction
Section 2307(a)(8)(C)(ii) of FESSA requires that the flight,
including each portion of that flight, is not carried out at an
altitude that is more than 18,000 feet above mean sea level (MSL). This
requirement is implemented in Sec. 61.113(i)(2)(ii).
For pilots operating aircraft capable of flight above 18,000 feet
MSL, the pilot's preflight planning must accommodate the altitude
limitation. For instance, if weather phenomena like icing or
thunderstorms are forecast (or is within reasonable possibility) within
the pilot's route of flight that would necessitate climbing above
18,000 feet MSL, the FAA considers initiating such a flight to be
contrary to this rule. The aircraft must operate at or below 18,000
feet MSL during the entire flight.
iii. Geographic Restriction
Section 2307(a)(8)(C)(iii) of FESSA requires that the flight,
including each portion of that flight is conducted within the United
States, unless authorized by the country in which the flight is
conducted. This requirement is implemented in Sec. 61.113(i)(2)(iii).
Title 14 CFR 1.1 defines the United States as the States, the
District of Columbia, Puerto Rico, and the possessions, including the
territorial waters, and the airspace of those areas. Thus, a pilot
operating in the United States, as defined in Sec. 1.1, may elect to
use this rule.
Airmen certificated by the FAA are represented to the International
Civil Aviation Organization (ICAO) as compliant with ICAO standards for
private pilots, among other requirements. As FESSA and this final rule
describe standards that divert from ICAO requirements,\31\ flights must
be geographically limited to operations within the United States.
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\31\ Annex 1 to the Convention on International Civil Aviation,
``Personnel Licensing,'' Chapter 6 ``Medical Provisions for
Licensing,'' 11th Edition (July 2011).
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iv. Airspeed Restriction
Section 2307(a)(8)(C)(iv) of FESSA requires that the flight,
including each portion of that flight, is conducted at an indicated
airspeed not exceeding 250 knots. The FAA is implementing this
requirement in Sec. 61.113(i)(2)(iv).
[[Page 3156]]
Recognizing that many aircraft have airspeed indicators that read
in miles per hour (mph), 250 knots is equivalent to 288 mph. No
aircraft may be operated in any phase of flight at an airspeed greater
than 250 KIAS (knots indicated airspeed).
VI. Medical Education Course Requirements of Section 2307 of FESSA
The following sections describe the medical education course
requirements of section 2307 of FESSA and the FAA's implementation of
those requirements.
A. Development and Availability of the Medical Education Course
Section 2307(c)(1) requires the medical education course to be
available on the internet free of charge. Section 2307(c)(2) requires
the course to be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit general
aviation stakeholder groups.
To implement these requirements, the FAA will work with nonprofit
and not-for-profit general aviation stakeholder groups to coordinate
and develop a medical education course that meets the requirements of
FESSA, which are discussed in more detail below. A nonprofit or not-
for-profit general aviation stakeholder group may submit a medical
education course to the FAA for consideration. Upon receipt of the
submission, the FAA will verify the course meets the requirements of
Sec. 68.3. If the FAA accepts the course, the FAA will provide a link
to the course on the FAA public Web site. Thus, for public awareness,
the FAA's Web site will contain a list of each medical education course
that the FAA has accepted.
The FAA has determined that it is appropriate to enter into
agreements with nonprofit or not-for-profit general aviation
stakeholder groups who elect to provide the course.
B. Course Requirements
Pursuant to the requirements of section 2307(c)(3) through (9) of
FESSA, the course must:
Educate pilots on conducting medical self-assessments;
Advise pilots on identifying warning signs of potential
serious medical conditions;
Identify risk mitigation strategies for medical
conditions;
Increase awareness of the impacts of potentially impairing
over-the-counter and prescription drug medications;
Encourage regular medical examinations and consultations
with primary care physicians;
Inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and medically
disqualifying conditions; and
Provide the checklist developed by the Federal Aviation
Administration in accordance with section 2307(b).
The FAA is implementing these requirements in Sec. 68.3(a)(1)-(7).
The FAA notes that the requirements for the checklist, which the course
must provide, are implemented in Sec. 68.5.
C. Documents the Course Must Provide to the Individual and Transmit to
the FAA
Pursuant to the requirements of section 2307(c)(10) of FESSA, upon
successful completion of the course, the medical education course must
electronically provide to the individual and transmit to the FAA--
A certification of completion of the medical education
course;
A release authorizing the National Driver Register through
a designated State Department of Motor Vehicles to furnish to the FAA
information pertaining to the individual's driving record;
A certification by the individual that the individual is
under the care and treatment of a physician if the individual has been
diagnosed with any medical condition that may impact the ability of the
individual to fly;
A form that includes information regarding the individual,
the physician, the comprehensive medical exam, and a certification by
the individual that the checklist was followed and signed by the
physician; and
A statement signed by the individual certifying that the
individual understands the existing prohibition on operations during
medical deficiency. A copy of this signed statement must be provided to
the pilot and retained by the pilot.
These requirements are implemented in Sec. 68.3(b)(1)-(5) and are
discussed in more detail below.
1. Certification of Completion
Section 2307(c)(10)(A) requires the certification of completion of
the medical education course to be printed and retained in the
individual's logbook and made available upon request. This
certification of completion must contain only the individual's name,
address, and airman certificate number.\32\ The FAA is implementing
this requirement in Sec. 68.3(b)(1).
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\32\ The term ``certification'' was used in the legislation. The
FAA notes that this term may cause confusion with the general use of
that term within FAA regulations. This document need only contain
the information required by FESSA as set forth in Sec. 68.3(b)(1).
---------------------------------------------------------------------------
The PIC must maintain the certification of completion along with
his or her pilot logbook. The certification must be available along
with the logbook at any time the pilot is presenting the logbook to
comply with any regulatory requirement (such as applying for a
certificate or rating), or upon request by a representative of the FAA
Administrator. Under the terms of FESSA, there is no requirement for
pilots to carry compliance documentation that shows their compliance
with the relief described in this rule.
The FAA recognizes that many pilots maintain logbooks
electronically. Pilots may carry an electronic facsimile or
representation of the certification along with their pilot logbook
entries, as long as that representation of the certification is
available and clearly legible when the logbook is being used to comply
with a regulatory requirement or upon request by a representative of
the FAA Administrator.
2. Authorization for Access to National Driver Register
Section 2307(c)(10)(B) requires a release authorizing the National
Driver Register through a designated State Department of Motor Vehicles
to furnish to the FAA information pertaining to the individual's
driving record. Section 2307(d) states that the authorization under
section 2307(c)(10)(B) shall be an authorization for a single access to
the information contained in the National Driver Register. The FAA is
implementing these requirements in Sec. 68.3(b)(2).
The National Driver Register (NDR) is a division in the National
Center for Statistics and Analysis under the National Highway Traffic
Safety Administration (NHTSA). The NDR maintains the computerized
database known as the Problem Driver Pointer System (PDPS), which
contains information on individuals whose privilege to operate a motor
vehicle has been revoked, suspended, canceled or denied or who have
been convicted of serious traffic-related offenses.
Each time an individual indicates his or her consent for the NDR
release, the FAA will conduct a single NDR check in an identical manner
to the NDR check currently conducted when a person applies for a
medical certificate. Similarly, the information the FAA receives from
the NDR check will be used in the same way as for an applicant for a
medical certificate.
[[Page 3157]]
3. Certification That the Individual Is Under the Care and Treatment of
a Physician
Section 2307(c)(10)(C) requires a certification by the individual
that the individual is under the care and treatment of a physician if
the individual has been diagnosed with any medical condition that may
impact the ability of the individual to fly, as required by section
2307(a)(6).\33\ This requirement is implemented in Sec. 68.3(b)(3).
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\33\ Section 2307(a)(6) requires the individual, when serving as
PIC, to be under the care and treatment of a physician if the
individual has been diagnosed with any medical condition that may
impact the ability of the individual to fly. This requirement is
implemented in Sec. 61.23(3)(i)(E).
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The FAA recognizes that there are many thousands of diagnosable
medical conditions, as well as innumerable medical treatments and
medications. Many conditions, treatments, or medications are unlikely
to impact a person's ability to safely operate an aircraft. However,
there are numerous conditions, treatments, and medications that are
aviation safety risks. Potential adverse effects may result from sudden
incapacitation (e.g., epilepsy, coronary artery disease, implantable
cardioverter-defibrillators, etc.) or reduced cognitive, mental or
physical abilities (e.g., visual impairments, neurological diseases,
psychiatric diseases, diabetes or other metabolic diseases, sedative-
hypnotic medications, etc.). Each of these, independently or in
combination, can adversely affect the pilot's ability to safely perform
pilot duties and are a hazard to the national air space. Additionally,
the adverse effects of many medical conditions and medications are
exaggerated under typical flight conditions, including reduced air
pressure, available oxygen, or acceleration forces. Pilots should
consult with their physician or other medical care provider for care
and treatment of their conditions, but also for guidance on the impact
their conditions may have on flight safety. Pilots, in discussion with
their physician/medical care provider, should also consult available
aeromedical resources on the flight hazards associated with medical
conditions/medications. The Do not Issue/Do not Fly list (www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/pharm/dni_dnf/) is readily available in the AME Guide on the FAA Web site.
Chapter 8 of the FAA's Aeronautical Information Manual (AIM 8-1-1) also
addresses medical factors for pilots. Additional resources include the
FAA's AME Guide, other FAA flight safety Web sites, and the Web sites
of non-profit and not-for-profit general aviation stakeholders.
While the pilot is required to attest that he or she is under the
care and treatment of a physician for any condition that affects safe
flight, the FAA emphasizes that all pilots are expected to exercise
good judgment (whether operating under this rule or not) and conduct a
personal self-assessment of their condition before every flight.\34\
The FAA's recommended self-assessment guidance is found in the
``IMSAFE'' checklist found in Chapter 8 of the FAA Aeronautical
Information Manual at https://www.faa.gov/air_traffic/publications/media/aim.pdf.
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\34\ Section 61.53(c) requires that for operations provided for
in Sec. 61.23(c), a person must meet the provisions of Sec.
61.53(b). That paragraph states that a person shall not act as pilot
in command, or in any other capacity as a required pilot flight
crewmember, while that person knows or has reason to know of any
medical condition that would make the person unable to operate the
aircraft in a safe manner.
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The FAA notes that under section 2307(e) of FESSA, which prescribes
requirements for the special issuance process, an individual clinically
diagnosed with a mental health condition or a neurological condition
shall certify every 2 years,\35\ in conjunction with the certification
requirement of section 2307(c)(10)(C), that the individual is under the
care of a State-licensed medical specialist for that mental health or
neurological condition.\36\ The requirements for the special issuance
process are discussed in section VIII of this preamble.
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\35\ The FAA notes that section 2307(e) uses the phrase ``two
years'' when discussing the certifications made as part of the
medical education course, whereas section 2307(c) uses the phrase
``24 calendar months.'' For purposes of these certifications, the
FAA anticipates that the certification will occur in conjunction
with completion of the medical education course.
\36\ Section 2307(e)(3) contains the special rules for mental
health conditions. Section 2307(e)(4) contains the special rules for
neurological conditions.
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4. Form
Section 2307(c)(10)(D) of FESSA requires the form, which must be
electronically provided to the individual and transmitted to the FAA
upon successful completion of the course, to include the following
information:
The name, address, telephone number, and airman
certificate number of the individual;
The name, address, telephone number, and State medical
license number of the physician performing the comprehensive medical
examination \37\ required in section 2307(a)(7);
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\37\ The FAA notes that the comprehensive medical examination
occurs every 48 months while the medical education course must be
completed every 24 calendar months. As such, a pilot may be
reporting a medical exam that occurred 24 calendar months prior.
---------------------------------------------------------------------------
The date of the comprehensive medical examination required
in section 2307(a)(7); and
A certification by the individual that the checklist
described in subsection (b) was followed and signed by the physician in
the comprehensive medical examination required in section 2307(a)(7).
These requirements are implemented in Sec. 68.3(b)(4)(i)-(iv).
5. Certification Regarding the Prohibition on Operations During Medical
Deficiency
Section 2307(c)(10)(E) of FESSA requires the individual to sign
\38\ a statement certifying that the individual understands the
existing prohibition on operations during medical deficiency by
stating: ``I understand that I cannot act as pilot in command, or any
other capacity as a required flight crew member, if I know or have
reason to know of any medical condition that would make me unable to
operate the aircraft in a safe manner.'' This statement shall be
electronically provided to the individual and transmitted to the FAA
upon successful completion of the course. The FAA is implementing this
requirement in Sec. 68.3(b)(5).
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\38\ Section 2307 indicates that the statement should be
``printed and signed'' prior to being transmitted to the FAA. The
FAA is construing this requirement to allow for electronic signature
and electronic retention of this statement. See Government Paperwork
Elimination Act (GPEA), Public Law 105-277 Title XVII.
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The Advisory Circular (AC) 68-1, Alternative Medical
Qualifications, contains additional information about the medical
education course requirements.
VII. Comprehensive Medical Examination
In order to act as PIC under this rule, an individual must receive
a comprehensive medical examination from a State-licensed physician
during the previous 48 months in accordance with section 2307(a)(7).
This requirement is reflected in Sec. 61.23(c)(3)(i)(D).
Section 2307(a)(7)(A) requires that prior to the examination, the
individual do the following: (1) Complete the individual's section of
the medical examination checklist described in section 2307(b); and (2)
provide the
[[Page 3158]]
completed checklist to the physician performing the examination. The
FAA is implementing these requirements in Sec. 68.5(a)(1)-(2).
Section 2307(a)(7)(B) of FESSA requires the physician to: (1)
Conduct the comprehensive medical examination in accordance with the
checklist; (2) check each item specified during the examination; and
(3) address, as medically appropriate, every medical condition listed
and any medications the individual is taking. The FAA is implementing
these requirements in Sec. 68.5(b)(1)-(3).
VIII. Comprehensive Medical Examination Checklist
A. Checklist Requirements of Section 2307 of FESSA
Section 2307(b)(1) of FESSA requires that the FAA develop a
checklist for an individual to complete and provide to the physician
performing the required comprehensive medical examination.
Section 2307(b)(2) of FESSA requires the checklist to contain three
sections: (1) A section for the individual to complete; (2) a section
with instructions for the individual to provide the completed checklist
to the physician performing the examination; and (3) a section for the
physician to complete, which contains instructions for the physician
performing the examination. Section 2307(b) prescribes requirements for
each of these sections, which are discussed below. The FAA is
implementing the comprehensive medical examination checklist
requirements in Sec. 68.7 and has developed the checklist in
accordance with these requirements.
1. Section for the Individual To Complete
Section 2307(b)(2)(A)(i) of FESSA requires the checklist to contain
a section for the individual to complete, which contains boxes 3
through 13 and boxes 16 through 19 of the FAA form 8500-8, Application
for Airman Medical Certificate (3-99).\39\ This requirement is
implemented in Sec. 68.7(a)(1). The AC contains the specific
information required by boxes 3 through 13 and boxes 16 through 19.
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\39\ Section 2307 of FESSA specifically references the FAA form
8500-8 revision dated 3-99. The FAA notes that since that revision
the FAA has revised the form several times, most recently with
publication of the final rule Student Pilot Application
Requirements, 81 FR 1292 (Jan. 12, 2016). In accordance with the
requirements of FESSA, the FAA has developed the comprehensive
medical examination checklist using boxes 3-13 and 16-19 as they
appeared on the FAA form 8500-8 revision 3-99.
---------------------------------------------------------------------------
Section 2307(b)(2)(A)(ii) of FESSA requires the checklist to
contain (in the section for the individual) a signature line for the
individual to affirm that:
The answers provided by the individual on that checklist,
including the individual's answers regarding medical history, are true
and complete;
The individual understands that he or she is prohibited
under Federal Aviation Administration regulations from acting as pilot
in command, or any other capacity as a required flight crew member, if
he or she knows or has reason to know of any medical deficiency or
medically disqualifying condition that would make the individual unable
to operate the aircraft in a safe manner; and
The individual is aware of the regulations pertaining to
the prohibition on operations during medical deficiency and has no
medically disqualifying conditions in accordance with applicable law.
The FAA is implementing these requirements in Sec. 68.7(a)(2)(i)-
(iii).
2. Section Containing Instructions for the Individual
Section 2307(b)(2)(B) requires the checklist to contain a section
with instructions for the individual to provide the completed checklist
to the physician performing the comprehensive medical examination. The
FAA is implementing this requirement in Sec. 68.7(b).
3. Section for the Physician To Complete With Instructions for the
Physician
Section 2307(b)(2)(C)(i) of FESSA requires the checklist to include
a section for the physician to complete, that instructs the physician
to perform a clinical examination of the following:
Head, face, neck, and scalp;
Nose, sinuses, mouth, and throat;
Ears, general (internal and external canals), and eardrums
(perforation);
Eyes (general), ophthalmoscopic, pupils (equality and
reaction), and ocular motility (associated parallel movement,
nystagmus);
Lungs and chest (not including breast examination);
Heart (precordial activity, rhythm, sounds, and murmurs);
Vascular system (pulse, amplitude, and character, and
arms, legs, and others);
Abdomen and viscera (including hernia);
Anus (not including digital examination);
Skin;
G-U system (not including pelvic examination);
Upper and lower extremities (strength and range of
motion);
Spine and other musculoskeletal;
Identifying body marks, scars, and tattoos (size and
location);
Lymphatics;
Neurologic (tendon reflexes, equilibrium, senses, cranial
nerves, and coordination, etc.);
Psychiatric (appearance, behavior, mood, communication,
and memory);
General systemic;
Hearing;
Vision (distant, near, and intermediate vision, field of
vision, color vision, and ocular alignment);
Blood pressure and pulse; and
Anything else the physician, in his or her medical
judgment, considers necessary.
The FAA is implementing these requirements in Sec. 68.7(c)(1)(i)-
(xxii).
Section 2307(b)(2)(C)(ii) requires the physician to exercise
medical discretion to address, as medically appropriate, any medical
conditions identified, and to exercise medical discretion in
determining whether any medical tests are warranted as part of the
comprehensive medical examination. The FAA is implementing this
requirement in Sec. 68.7(c)(2).
Section 2307(b)(2)(C)(iii) of FESSA requires the checklist to
instruct the physician to discuss all drugs the individual reports
taking (prescription and nonprescription) and their potential to
interfere with the safe operation of an aircraft or motor vehicle. The
FAA is implementing this requirement in Sec. 68.7(c)(3).
Furthermore, section 2307(b)(2)(C)(iv) of FESSA requires the
checklist to instruct the physician to sign the checklist, stating: ``I
certify that I discussed all items on this checklist with the
individual during my examination, discussed any medications the
individual is taking that could interfere with his or her ability to
safely operate an aircraft or motor vehicle, and performed an
examination that included all of the items on this checklist. I certify
that I am not aware of any medical condition that, as presently
treated, could interfere with the individual's ability to safely
operate an aircraft.'' The FAA is implementing this requirement in
Sec. 68.7(c)(4).
Lastly, section 2307(b)(2)(C)(v) of FESSA requires the checklist to
instruct the physician to provide the date the comprehensive medical
examination was completed, and the physician's full name, address,
telephone number, and State medical license number. This requirement is
implemented in Sec. 68.7(c)(5).
The FAA relies on the determination of each State (as well as each
territory and possession of the United States) as
[[Page 3159]]
to which persons it will license as physicians. If the person holds a
license as a physician issued by any State, territory, or possession,
then he or she meets the requirement as a State-licensed physician. The
FAA notes that all States license medical doctors (M.D.s) and doctors
of osteopathic medicine (D.O.s) as physicians, although Federal and
some State laws may permit the licensure of other persons, such as
doctors of dental surgery (D.D.S.) as physicians. While the FAA expects
that a specialist physician, (e.g., D.D.S., dentist, podiatrist) who
does not also hold an M.D. or D.O. would not have the breadth of
training to conduct a medical exam as required in this rule, the FAA
will rely on each State-licensed physician to determine whether he or
she is qualified to conduct the medical exam required by FESSA.
Existing FAA prohibitions against self-endorsements would apply,
prohibiting a State-licensed physician from conducting the physical
examination on himself or herself.
B. Inclusion of the Completed Checklist in the Pilot's Logbook
Section 2307(b)(3) of FESSA requires that the completed checklist
be retained in the pilot's logbook and be made available upon request.
The FAA is implementing this requirement in Sec. 61.113(i)(3).
The FAA recognizes that many pilots now maintain logbook
information electronically. Similar to the requirements described
previously for the course completion certification described in section
2307(c)(10)(A), the FAA notes that pilots may retain an electronic
version of the completed checklist using whatever method they choose so
long as an accurate electronic or physical representation of the
document can be made available upon request.
C. FAA Implementation of the Comprehensive Medical Examination
Checklist Requirements of Section 2307 of FESSA
Section 2307(c)(9) of FESSA requires the medical education course
to provide the medical examination checklist developed by the FAA. For
purposes of implementation, the FAA will require that any nonprofit or
not-for-profit general aviation stakeholder group that provides a
medical course for this rule make the checklist available at that
group's Web site.
To implement the medical checklist provisions of FESSA, the FAA has
developed the Comprehensive Medical Examination Checklist. The
checklist is a fillable PDF form available on the FAA Web site, in
addition to the location discussed immediately above. Pilots may
complete the form either electronically or may print it out and
complete it. Regardless of how the pilot chooses to complete the form,
the pilot must print the form, sign it, and take it to the State-
licensed physician performing the medical examination. The FAA will
provide the blank Comprehensive Medical Examination Checklist but will
not be collecting and maintaining the checklist in any FAA system of
records. As noted, the pilot will be required to retain the checklist
as one of the items necessary for verification that he or she is
eligible to operate under this rule.
IX. Special Issuance Process
A. Requirements of Section 2307 of FESSA
Section 2307(e)(1) of FESSA states that an individual who has
qualified for the third-class medical certificate exemption under
subsection (a) of section 2307 and is seeking to serve as a PIC of a
covered aircraft shall be required to have completed the process for
obtaining an Authorization for Special Issuance of a Medical
Certificate if that person has any of the following: (1) A mental
health disorder; (2) a neurological disorder; or a (3) cardiovascular
condition.
Section 2307(e)(1)(A) states that a mental health disorder is
limited to an established medical history or clinical diagnosis of:
Personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
Psychosis, defined as a case in which an individual: (i)
Has manifested delusions, hallucinations, grossly bizarre or
disorganized behavior, or other commonly accepted symptoms of
psychosis; or (ii) may reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or other
commonly accepted symptoms of psychosis;
Bipolar disorder; or
Substance dependence within the previous 2 years, as
defined in Sec. 67.307(a)(4) of title 14, Code of Federal Regulations.
Section 2307(e)(1)(B) states that a neurological disorder is
limited to an established medical history or clinical diagnosis of any
of the following:
Epilepsy.
Disturbance of consciousness without satisfactory medical
explanation of the cause.
A transient loss of control of nervous system functions
without satisfactory medical explanation of the cause.
Section 2307(e)(1)(C) states that a cardiovascular condition is
limited to a one-time special issuance for each diagnosis of the
following:
Myocardial infarction.
Coronary heart disease that has required treatment.
Cardiac valve replacement.
Heart replacement.
The FAA is implementing the requirements of section 2307(e)(1)(A)-
(C) in Sec. 68.9(a)(1)-(3).
1. Special Rule for Cardiovascular Conditions
Section 2307(e)(2) of FESSA states that in the case of an
individual with a cardiovascular condition, the process for obtaining
an Authorization for Special Issuance of a Medical Certificate shall be
satisfied with the successful completion of an appropriate clinical
evaluation without a mandatory wait period.\40\
---------------------------------------------------------------------------
\40\ Current guidance establishes mandatory wait periods for
certain cardiovascular conditions. For example, there is a 3-month
recovery time after a myocardial infarction from non-coronary heart
disease before an applicant may be considered for a medical
certificate. 2016 Guide for Aviation Medical Examiners.
---------------------------------------------------------------------------
The FAA is implementing this requirement in Sec. 68.9(b).
2. Special Rule for Mental Health Conditions
Section 2307(e)(3)(A)(i) of FESSA states that in the case of an
individual with a clinically diagnosed mental health condition, the
ability to operate without a third-class medical certificate under
subsection (a) of section 2307 shall not apply if in the judgment of
the individual's State-licensed medical specialist, the condition: (1)
Renders the individual unable to safely perform the duties or exercise
the airman privileges described in the operating requirements of
subsection (a)(8); or (2) may reasonably be expected to make the
individual unable to perform the duties or exercise the privileges
described in the operating requirements of subsection (a)(8).
Additionally, section 2307(e)(3)(A)(ii) states that in the case of
an individual with a clinically diagnosed mental health condition, the
ability to operate without a third-class medical certificate under
section 2307(a) shall not apply if the individual's driver's license is
revoked by the issuing agency as a result of a clinically diagnosed
mental health condition.
The FAA is implementing section 2307(e)(3)(A)(i)-(ii) in Sec.
68.9(c)(1)(i)-(ii).
Section 2307(e)(3)(B) of FESSA requires that an individual
clinically
[[Page 3160]]
diagnosed with a mental health condition shall certify every 2 years,
in conjunction with the certifications under subsection (c)(10)(C),
that the individual is under the care of a State-licensed medical
specialist for that mental health condition. The FAA is implementing
this requirement in Sec. 68.9(c)(2). This certification will be
incorporated into the medical education course process. The FAA notes
that the certifications required under subsection (c)(10)(C) of FESSA
are implemented in Sec. 68.3(b)(3).
3. Special Rule for Neurological Conditions
Section 2307(e)(4)(A)(i) states that in the case of an individual
with a clinically diagnosed neurological condition, the ability to
operate without a third-class medical certificate under subsection (a)
of section 2307 shall not apply if in the judgment of the individual's
State-licensed medical specialist, the condition: (1) Renders the
individual unable to safely perform the duties or exercise the airman
privileges described in the operating requirements of subsection
(a)(8); or (2) may reasonably be expected to make the individual unable
to perform the duties or exercise the privileges described in the
operating requirements of subsection (a)(8).
Section 2307(e)(4)(A)(ii) states that in the case of an individual
with a clinically diagnosed neurological condition, the ability to
operate without a third-class medical certificate under subsection (a)
of section 2307 shall not apply if the individual's driver's license is
revoked by the issuing agency as a result of a clinically diagnosed
neurological condition.
The FAA is implementing the requirements of section 2307(4)(A) in
Sec. 68.9(d)(1)(i)-(ii).
Section 2307(4)(B) of FESSA requires that an individual clinically
diagnosed with a neurological condition shall certify every 2 years, in
conjunction with the certification under subsection (c)(10)(C), that
the individual is under the care of a State-licensed medical specialist
for that neurological condition. As with the requirements for certain
mental health disorders, this certification will be incorporated into
the medical education course process.
Regarding the certification related to mental health disorders and
neurological disorders, the FAA recognizes that the inclusion of such a
certification could create confusion. So to clarify, the FAA has
written the certifications for the individual to attest (1) that the
individual does not have a mental health disorder or neurological
disorder or, (2) if the individual has a mental health disorder or
neurological disorder, that the individual is under the care of a
State-licensed medical specialist for that mental health condition or
neurological condition. The FAA's intent is to ensure that no medical
information is collected. Rather, the FAA views these certifications as
a place for the individuals to attest that if they have a mental health
or neurological disorder listed in section 2307, then they meet the
section 2307 requirement that they are under the care of a State-
licensed medical specialist for that condition.
B. Special Issuance Medical Certificates
All persons who currently hold an FAA-issued special issuance
medical certificate, or who have held an FAA-issued special issuance
medical certificate within the 10-year period preceding the enactment
of FESSA, for conditions other than the specified cardiovascular,
mental health, and neurological conditions listed in FESSA, may elect
to use this rule. These persons are no longer required to maintain
their special issuance medical certificate if they choose to comply
with the requirements of section 2307 of FESSA. The FAA emphasizes that
it expects all pilots, including persons who hold or have held a
special issuance medical certificate, to comply with care and treatment
protocols recommended by their State-licensed physician.
If a pilot, while using this rule, is diagnosed with a condition
that would have, in the past, required the pilot to be considered for a
special issuance medical certificate, but is not one of the specified
conditions described in FESSA, then that pilot may continue to exercise
the privileges of this rule so long as all other requirements of
section 2307 of FESSA are met.
FESSA prescribes specific responsibilities and prohibitions that
must be met for pilots who have certain cardiovascular, neurological,
or mental health conditions. Persons who have, or are newly diagnosed
with, a cardiovascular, neurological, or mental health condition
described in FESSA, may not use this rule until they have been found
eligible for special issuance of a medical certificate. Once issued a
medical certificate, the person may then use this rule if he or she
meets all other requirements of FESSA.
X. Authority To Require Additional Information
Section 2307(l)(1) of FESSA states that if the Administrator
receives credible or urgent information, including from the National
Driver Register or the FAA Hotline Program, that reflects on an
individual's ability to safely operate a covered aircraft under the
third-class medical certificate exemption in subsection (a) of section
2307, the Administrator may require the individual to provide
additional information or history so that the Administrator may
determine whether the individual is safe to continue operating a
covered aircraft. Section 2307(l)(2) states that the Administrator may
use credible or urgent information received to request an individual to
provide additional information or to take actions under section
44709(b) of title 49, United States Code.
The FAA has implemented the provisions of section 2307(l) in new
Sec. 68.11.
XI. Advisory Circular
To further implement this final rule, the FAA has developed
Advisory Circular 68-1, Alternative Pilot Physical Examination and
Education Requirements. The advisory circular describes the relief and
provides guidance on how to comply with the rule's provisions. It also
includes frequently asked questions and guidance on how a nonprofit or
not-for-profit general aviation stakeholder group can offer an approved
course under this rule.
XII. Section-by-Section Discussion of the Final Rule
In part 61, Certification: Pilots, flight instructors, and ground
instructors, Sec. 61.3, requirement for certificates, ratings, and
authorizations, is revised to add operations conducted under this rule
to the list of exceptions to the requirement to hold a medical
certificate.\41\ Section 61.3 is also amended to add the documents
establishing alternative medical qualification under part 68 to the
list of documents available for inspection under paragraph (l).
---------------------------------------------------------------------------
\41\ The FAA notes that Sec. 61.113(i) contains the operating
requirements for this rule. The FAA also notes that persons
operating under this rule without a medical certificate must hold a
valid U.S. driver's license.
---------------------------------------------------------------------------
Section 61.23, medical certificates: requirement and duration, is
revised to provide an exception for operations conducted under this
rule for persons otherwise required to hold a third-class medical
certificate.
For operations requiring either a medical certificate or U.S.
driver's license, Sec. 61.23(c)(1) is amended to state that a person
must hold and possess either a medical certificate or a U.S. driver's
license when exercising the
[[Page 3161]]
privileges of a student, recreational or private pilot certificate and
operating under this rule, or when exercising the privileges of a
flight instructor certificate and acting as the PIC or as a required
flight crewmember if the flight is conducted under this rule.
The FAA is also adding Sec. 61.23(c)(3), which contains the
requirements for persons using a U.S. driver's license to operate under
this rule.
In Sec. 61.89, the FAA is adding paragraph (d) to allow the holder
of a student pilot certificate to operate under this rule without
holding a medical certificate.
In Sec. 61.101, the FAA is adding paragraph (k) to allow a
recreational pilot to operate under this rule without holding a medical
certificate.
Section 61.113 is revised to add paragraph (i), which contains the
operational requirements of section 2307.
The FAA is adding part 68, Requirements for operating certain small
aircraft without a medical certificate, to title 14 of the Code of
Federal Regulations. Section 68.1 provides the applicability of the
part.
Section 68.3 provides the Medical Education Course Requirements.
Section 68.5 implements the requirements for the Comprehensive
Medical Examination, including the requirements for the physician and
the individual.
Section 68.7 provides the requirements for the Comprehensive
Medical Examination Checklist.
Section 68.9 implements the requirements for the Special Issuance
Process.
Section 68.11 provides the FAA with authority to require additional
information as described in FESSA.
In Sec. 91.319, the FAA is adding paragraph (j) to make clear that
experimental aircraft may operate under the conditions and limitations
of Sec. 61.113(i).
XIII. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39 as amended) prohibits agencies from setting standards
that create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, the Trade Agreements Act requires
agencies to consider international standards and, where appropriate,
that they be the basis of U.S. standards. Fourth, the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a
written assessment of the costs, benefits, and other effects of
proposed or final rules that include a Federal mandate likely to result
in the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector, of $100 million or more annually
(adjusted for inflation with base year of 1995). This portion of the
preamble summarizes the FAA's analysis of the economic impacts of this
final rule. We suggest readers seeking greater detail read the full
regulatory evaluation, a copy of which we have placed in the docket for
this rulemaking.
In conducting these analyses, FAA has determined that this final
rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) will not have a
significant economic impact on a substantial number of small entities;
(5) will not create unnecessary obstacles to the foreign commerce of
the United States; and (6) will not impose an unfunded mandate on
State, local, or tribal governments, or on the private sector by
exceeding the threshold identified above. These analyses are summarized
below.
Total Benefits and Costs of This Rule
Total Savings and Costs of the Rule
[2017 to 2026]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
SAVINGS COSTS
----------------------------------------------------------------------------------------------------------------
Medical Examination: 3rd Class Medical $290,421,038 Physical Examinations by $262,656,213
Certificates for Pilots Age 40-and-Over. State-Licensed Physician:
Pilots Age 40-and-Over.
Physical Examinations by $3,055,973
State-Licensed Physician:
Special Issuance.
Medical Examination: 3rd Class Medical 90,679,136 Online Training Course....... 42,004,478
Certificates with a Special Issuances.
FAA Savings................................ 1,782,230 NDR Checks................... 7,422,763
Total Savings.......................... 382,882,405 Total Costs.................. 315,139,427
Present Value (7% discount rate)... 272,835,610 Present Value (7% discount 227,799,517
rate).
----------------------------------------------------------------------------------------------------------------
Totals may not add due to rounding.
Who is potentially affected by this Rule?
All pilots with eligible pilot certificates are affected by this
rule. Eligible pilots will need to have held a valid FAA medical
certificate within the 10 years preceding the date of enactment of
FESSA, July 15, 2016, and will need a valid U.S. driver's license.
Assumptions:
Costs and benefits are estimated over 10 years from 2017
through 2026.
Costs and benefits are presented in 2016 dollars.
The present value discount rate of seven percent is used
as required by the Office of Management and Budget.
An FAA medical examination with an AME is approximately
$117.
An FAA follow-up evaluation with an AME is approximately
$58.50.
A pilot's medical examination with a state-licensed
physician is approximately $225.\42\
---------------------------------------------------------------------------
\42\ Four Coding and Payment Opportunities You Might Be Missing,
American Academy of Family Physicians. 2016 May-June;23(3):30-35.
https://www.aafp.org/fpm/2016/0500/p30.html.
---------------------------------------------------------------------------
An annual growth rate of 1.0 percent per year is applied
to hourly
[[Page 3162]]
wages per Department of Transportation Guidance.\43\
---------------------------------------------------------------------------
\43\ 2015 Department of Transportation Value of Travel Time
Guidance; https://www.transportation.gov/administrations/office-policy/2015-value-travel-time-guidance.
---------------------------------------------------------------------------
Vehicle operating cost per mile (VOC) as determined by the
Internal Revenue Service (IRS) is $0.19.\44\
---------------------------------------------------------------------------
\44\ Internal Revenue Service (IRS) Standard Mileage Rate for
2016, 0.19 cents per mile driven for medical or moving purposes;
https://www.irs.gov/uac/newsroom/2016-standard-mileage-rates-for-business-medical-and-moving-announced Dec. 17, 2015.
---------------------------------------------------------------------------
The hourly rate of a pilot's travel time (VTTS) as
determined by the Department of Transportation (DOT) is $12.50 in 2013.
This value is augmented by 1.0 percent per year to project future
benefits of travel time saved from 2013 to 2026.\45\
---------------------------------------------------------------------------
\45\ 2015 Departmental Guidance on Valuation of Travel Time in
Economic Analyses; Table 4: Recommended Hourly Values of Travel Time
Savings (Personal category for local surface modes of
transportation). https://www.transportation.gov/administrations/office-policy/2015-value-travel-time-guidance.
---------------------------------------------------------------------------
The hourly rate of a pilot's time (VPT) as determined by
DOT is $25.00 in 2013. This value is augmented by 1.0 percent per year
to project the annual growth rate of real median household income from
2013 to 2026.\46\
---------------------------------------------------------------------------
\46\ 2015 Departmental Guidance on Valuation of Travel Time in
Economic Analyses; Table 3: Recommended Hourly Earning Rates for
Determining Values of Travel Time Savings, https://www.transportation.gov/administrations/office-policy/2015-value-travel-time-guidance.
---------------------------------------------------------------------------
The FAA assumes 0.5 hours to complete the MedXpress form.
The FAA assumes that the time required to fill out the
MedXpress form will be the same time required to fill out section 1 of
the medical checklist that must be partially completed by the pilot and
taken to the physician.
The FAA assumes 1 hour to complete a medical examination.
The FAA assumes 0.5 hours to complete a follow-up
evaluation.
The value of FAA time to review medical applications per
hour is shown in table 1 and includes fringe benefits for federal
employees.\47\
---------------------------------------------------------------------------
\47\ https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2008/m08-13.pdf.
Table 1--2016 Weighted Average of Hourly Wage for FAA Employees Reviewing Applications for Medical Certificates
----------------------------------------------------------------------------------------------------------------
Wages with Number of
benefits people
A b a x b
----------------------------------------------------------------------------------------------------------------
Legal instrument examiners \48\................................. $50.46 42 $2,119
Regional Flight Surgeons \49\................................... 139.59 9 1,256
Senior Executives \50\.......................................... 139.59 3 419
Civil Aerospace Medicine Institute (CAMI) Medical Officers \51\. 139.59 6 838
Civil Aerospace Medicine Institute (CAMI) Physicians \52\....... 139.59 3 419
Total....................................................... .............. 63 5,051
Weighted Average Wage Rate = $5,051/63.................. .............. .............. 80.17
----------------------------------------------------------------------------------------------------------------
Totals may not add due to rounding.
Benefits of this Rule
---------------------------------------------------------------------------
\48\ 2016 General Schedule (GS) Locality Pay Tables; GS-11 Step
5 locality pay The REST OF UNITED STATES; https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2016/RUS_h.pdf ; plus fringe benefits; https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2008/m08-13.pdf.
\49\ SALARY TABLE NO. 2016-ES plus fringe benefits; https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2016/ES.pdf, Agencies with a Certified SES Performance
Appraisal System Maximum; https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2008/m08-13.pdf.
\50\ SALARY TABLE NO. 2016-ES plus fringe benefits; https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2016/ES.pdf, Agencies with a Certified SES Performance
Appraisal System Maximum; https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2008/m08-13.pdf.
\51\ 2016 General Schedule (GS) Locality Pay Tables; GS-11 Step
5 locality pay The REST OF UNITED STATES; https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2016/RUS_h.pdf; plus fringe benefits; https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2008/m08-13.pdf.
\52\ 2016 General Schedule (GS) Locality Pay Tables; GS-11 Step
5 locality pay The REST OF UNITED STATES; https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2016/RUS_h.pdf ; plus fringe benefits; https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2008/m08-13.pdf.
---------------------------------------------------------------------------
The FAA estimates potential savings to pilots, based on age and a
pilot's medical condition, from eliminating medical examinations with
an AME. The elimination of these examinations will save pilots the time
to complete the online medical application (MedXpress), travel time to
the medical examination, the time required to complete the medical
examination, vehicle operating costs based on miles traveled to the
examination, and the cost of the medical examination. For pilots with
special-issuances, the FAA anticipates added savings by eliminating
follow-up medical evaluations, determined by their medical condition,
with an AME. Additionally, the FAA will save time by reducing the
number of applications reviewed for special-issuance medical
certificates. Total savings are estimated at $382.9 million ($272.8
million at a 7 percent present value) over 10 years.
Costs of this Rule
Costs for this rule are attributed to the physical examination
completed by a State-licensed physician every 48 months, the medical
education course that pilots will complete every 24 calendar months,
and an increase in NDR checks for pilots under age 40 with a special
issuance medical certificate. Unlike pilots 40 years of age and older,
who the FAA expects will benefit from the elimination of the AME
examinations, the FAA expects the savings to pilots under 40 years of
age will only occur for those pilots requiring Authorization for a
special issuance medical certificate. Total costs are estimated at
$315.1 million ($227.8 million at a 7 percent present value) over 10
years.
Overall, the rule results in a net benefit of $67.7 million over 10
years.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals
[[Page 3163]]
and to explain the rationale for their actions to assure that such
proposals are given serious consideration.'' The RFA covers a wide-
range of small entities, including small businesses, not-for-profit
organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
The FAA believes that this final rule would not have a significant
impact on a substantial number of entities for the following reason:
Pilots that choose to use this alternative requirement will receive a
savings, however this final rule is voluntary hence there are no costs
imposed on small entities.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that it
will only have a domestic impact and therefore will not create
unnecessary obstacles to the foreign commerce of the United States.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155.0 million in lieu of $100
million.
This final rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act, (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)),
the FAA will submit these information collection amendments to OMB for
its review.
To implement the Act, the FAA is establishing one new information
collection. This information collection includes the medical education
course as well as the Individual Checklist for Medical Examination.
Pursuant to the requirements of the Paperwork Reduction Act, the FAA
published a 60-day notice seeking comment regarding this new
information collection.
For those individuals who elect to use this rule the FAA considers
that they no longer possess any airman medical certificate. Thus, the
FAA is making a corresponding change to information collection 2120-
0034, Application for Airman Medical Certificate, to reduce the burden
associated with that information collection. The FAA published a 60-day
notice seeking comment regarding the revision of this existing
information collection.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization Standards and Recommended
Practices to the maximum extent practicable. The FAA has reviewed ICAO
Standards and Recommended Practices (SARPs) applicable to private
pilots.
The FAA has filed new differences and modified certain existing
differences to reflect that certain U.S. private pilots no longer are
required to hold a current FAA airman medical certificate. A filing is
required for certain ICAO Annex 1 SARPs found in Chapters 1, 2, and 6.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f and involves no extraordinary
circumstances.
XIV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this rule under the principles and criteria of
Executive Order 13132, Federalism. The agency has determined that this
action will not have a substantial direct effect on the States, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, will not have Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this rule under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, (77 FR 26413, May 4, 2012) promotes international
regulatory cooperation to meet shared challenges involving health,
safety, labor, security, environmental, and other issues and to reduce,
eliminate, or prevent unnecessary differences in regulatory
requirements. The FAA has analyzed this action under the policies and
agency responsibilities of Executive Order 13609, and has determined
that this action would have no effect on international regulatory
cooperation.
[[Page 3164]]
XVI. Additional Information
A. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
Internet by--
Searching the Federal eRulemaking Portal (https://www.regulations.gov);
Visiting the FAA's Regulations and Policies Web site at
https://www.faa.gov/regulations_policies or
Accessing the Government Publishing Office's Web site at
https://www.fdsys.gov.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9677.
Requestors must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced above.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
within its jurisdiction. A small entity with questions regarding this
document may contact its local FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT heading at the beginning of the
preamble. To find out more about SBREFA on the Internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR part 61
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR part 68
Aircraft, Airmen, Health, Reporting and recordkeeping requirements.
14 CFR part 91
Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 Pub.
L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).
0
2. In Sec. 61.3, revise paragraphs (c)(2)(viii) and (x) through (xii),
add paragraphs (c)(2)(xiii) and (xiv), and revise paragraph (l)
introductory text to read as follows:
Sec. 61.3 Requirement for certificates, ratings, and authorizations.
* * * * *
(c) * * *
(2) * * *
(viii) Is exercising the privileges of a flight instructor
certificate, provided the person is not acting as pilot in command or
as a required pilot flight crewmember;
* * *
(x) Is operating an aircraft within a foreign country using a pilot
license issued by that country and possesses evidence of current
medical qualification for that license;
(xi) Is operating an aircraft with a U.S. pilot certificate, issued
on the basis of a foreign pilot license, issued under Sec. 61.75, and
holds a medical certificate issued by the foreign country that issued
the foreign pilot license, which is in that person's physical
possession or readily accessible in the aircraft when exercising the
privileges of that airman certificate;
(xii) Is a pilot of the U.S. Armed Forces, has an up-to-date U.S.
military medical examination, and holds military pilot flight status;
(xiii) Is exercising the privileges of a student, recreational or
private pilot certificate for operations conducted under the conditions
and limitations set forth in Sec. 61.113(i) and holds a U.S. driver's
license; or
(xiv) Is exercising the privileges of a flight instructor
certificate and acting as pilot in command for operations conducted
under the conditions and limitations set forth in Sec. 61.113(i) and
holds a U.S. driver's license.
* * * * *
(l) Inspection of certificate. Each person who holds an airman
certificate, medical certificate, documents establishing alternative
medical qualification under part 68 of this chapter, authorization, or
license required by this part must present it and their photo
identification as described in paragraph (a)(2) of this section for
inspection upon a request from:
* * * * *
0
3. In Sec. 61.23, revise paragraphs (a)(3), (c)(1)(iii) and (iv), add
paragraphs (c)(1)(v) and (vi), revise paragraph (c)(2) introductory
text, and add paragraph (c)(3) to read as follows:
Sec. 61.23 Medical certificates: Requirement and duration.
(a) * * *
(3) Must hold at least a third-class medical certificate--
(i) When exercising the privileges of a private pilot certificate,
recreational pilot certificate, or student pilot certificate, except
when operating under the conditions and limitations set forth in Sec.
61.113(i);
(ii) When exercising the privileges of a flight instructor
certificate and acting as the pilot in command or as a required
flightcrew member, except when operating under the conditions and
limitations set forth in Sec. 61.113(i);
(iii) 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,
except when operating under the conditions and limitations set forth in
Sec. 61.113(i); or
(iv) When performing the duties as an Examiner in an aircraft when
administering a practical test or proficiency check for an airman
certificate, rating, or authorization.
* * * * *
(c) * * *
(1) * * *
(iii) Exercising the privileges of a flight instructor certificate
with a sport pilot rating while acting as pilot in command or serving
as a required flight crewmember of a light-sport aircraft other than a
glider or balloon;
(iv) Serving as an Examiner and administering a practical test for
the issuance of a sport pilot certificate in a light-sport aircraft
other than a glider or balloon;
(v) Exercising the privileges of a student, recreational or private
pilot certificate if the flight is conducted under the conditions and
limitations set forth in Sec. 61.113(i); or
(vi) Exercising the privileges of a flight instructor certificate
and acting as the pilot in command or as a required flight crewmember
if the flight is conducted under the conditions and limitations set
forth in Sec. 61.113(i).
(2) A person using a U.S. driver's license to meet the requirements
of paragraph (c) while exercising sport pilot privileges must--
* * *
[[Page 3165]]
(3) A person using a U.S. driver's license to meet the requirements
of paragraph (c) while operating under the conditions and limitations
of Sec. 61.113(i) must meet the following requirements--
(i) The person must--
(A) Comply with all medical requirements or restrictions associated
with his or her U.S. driver's license;
(B) At any point after July 14, 2006, have held a medical
certificate issued under part 67 of this chapter;
(C) Complete the medical education course set forth in Sec. 68.3
of this chapter during the 24-calendar months before acting as pilot in
command in an operation conducted under Sec. 61.113(i) and retain a
certification of course completion in accordance with Sec. 68.3(b)(1)
of this chapter;
(D) Receive a comprehensive medical examination from a State-
licensed physician during the 48 months before acting as pilot in
command of an operation conducted under Sec. 61.113(i) and that
medical examination is conducted in accordance with the requirements in
part 68 of this chapter; and
(E) If the individual has been diagnosed with any medical condition
that may impact the ability of the individual to fly, be under the care
and treatment of a State-licensed physician when acting as pilot in
command of an operation conducted under Sec. 61.113(i).
(ii) The most recently issued medical certificate--
(A) May include an authorization for special issuance;
(B) May be expired; and
(C) Cannot have been suspended or revoked.
(iii) The most recently issued Authorization for a Special Issuance
of a Medical Certificate cannot have been withdrawn; and
(iv) The most recent application for an airman medical certificate
submitted to the FAA cannot have been completed and denied.
* * * * *
0
4. In Sec. 61.89, add paragraph (d) to read as follows:
Sec. 61.89 General Limitations.
* * * * *
(d) The holder of a student pilot certificate may act as pilot in
command of an aircraft without holding a medical certificate issued
under part 67 of this chapter provided the student pilot holds a valid
U.S. driver's license, meets the requirements of Sec. 61.23(c)(3), and
the operation is conducted consistent with the requirements of
paragraphs (a) and (b) of this section and the conditions of Sec.
61.113(i). Where the requirements of paragraphs (a) and (b) of this
section conflict with Sec. 61.113(i), a student pilot must comply with
paragraphs (a) and (b) of this section.
0
5. In Sec. 61.101, add paragraph (k) to read as follows:
Sec. 61.101 Recreational pilot privileges and limitations.
* * * * *
(k) A recreational pilot may act as pilot in command of an aircraft
without holding a medical certificate issued under part 67 of this
chapter provided the pilot holds a valid U.S. driver's license, meets
the requirements of Sec. 61.23(c)(3), and the operation is conducted
consistent with this section and the conditions of Sec. 61.113(i).
Where the requirements of this section conflict with Sec. 61.113(i), a
recreational pilot must comply with this section.
0
6. In Sec. 61.113, add paragraph (i) to read as follows:
Sec. 61.113 Private pilot privileges and limitations: Pilot in
command.
* * * * *
(i) A private pilot may act as pilot in command of an aircraft
without holding a medical certificate issued under part 67 of this
chapter provided the pilot holds a valid U.S. driver's license, meets
the requirements of Sec. 61.23(c)(3), and complies with this section
and all of the following conditions and limitations:
(1) The aircraft is authorized to carry not more than 6 occupants,
has a maximum takeoff weight of not more than 6,000 pounds, and is
operated with no more than five passengers on board; and
(2) The flight, including each portion of the flight, is not
carried out--
(i) At an altitude that is more than 18,000 feet above mean sea
level;
(ii) Outside the United States unless authorized by the country in
which the flight is conducted; or
(iii) At an indicated airspeed exceeding 250 knots; and
(3) The pilot has available in his or her logbook--
(i) The completed medical examination checklist required under
Sec. 68.7 of this chapter; and
(ii) The certificate of course completion required under Sec.
61.23(c)(3).
0
7. Add part 68 to subchapter D to read as follows:
PART 68--REQUIREMENTS FOR OPERATING CERTAIN SMALL AIRCRAFT WITHOUT
A MEDICAL CERTIFICATE
Sec.
68.1 Applicability.
68.3 Medical education course requirements.
68.5 Comprehensive medical examination.
68.7 Comprehensive medical examination checklist.
68.9 Special Issuance process.
68.11 Authority to require additional information.
Authority: 49 U.S.C. 106(f), 44701-44703, sec. 2307 of Pub. L.
114-190, 130 Stat. 615 (49 U.S.C. 44703 note).
Sec. 68.1 Applicability.
This part prescribes the medical education and examination
requirements for operating an aircraft under Sec. 61.113(i) of this
chapter without holding a medical certificate issued under part 67 of
this chapter.
Sec. 68.3 Medical education course requirements.
(a) The medical education course required to act as pilot in
command in an operation under Sec. 61.113(i) of this chapter must--
(1) Educate pilots on conducting medical self-assessments;
(2) Advise pilots on identifying warning signs of potential serious
medical conditions;
(3) Identify risk mitigation strategies for medical conditions;
(4) Increase awareness of the impacts of potentially impairing
over-the-counter and prescription drug medications;
(5) Encourage regular medical examinations and consultations with
primary care physicians;
(6) Inform pilots of the regulations pertaining to the prohibition
on operations during medical deficiency and medically disqualifying
conditions; and
(7) Provide the checklist developed by the FAA in accordance with
Sec. 68.7.
(b) Upon successful completion of the medical education course, the
following items must be electronically provided to the individual
seeking to act as pilot in command under the conditions and limitations
of Sec. 61.113(i) of this chapter and transmitted to the FAA--
(1) A certification of completion of the medical education course,
which shall be retained in the individual's logbook and made available
upon request, and shall contain the individual's name, address, and
airman certificate number;
(2) A release authorizing single access to the National Driver
Register through a designated State Department of Motor Vehicles to
furnish to the FAA information pertaining to the individual's driving
record;
(3) A certification by the individual that the individual is under
the care and treatment of a physician if the individual has been
diagnosed with any medical condition that may impact the ability of the
individual to fly, as
[[Page 3166]]
required under Sec. 61.23(c)(3) of this chapter;
(4) A form that includes--
(i) The name, address, telephone number, and airman certificate
number of the individual;
(ii) The name, address, telephone number, and State medical license
number of the physician performing the comprehensive medical
examination;
(iii) The date of the comprehensive medical examination; and
(iv) A certification by the individual that the checklist described
in Sec. 68.7 was followed and signed by the physician during the
medical examination required by this section; and
(5) A statement, which shall be signed by the individual certifying
that the individual understands the existing prohibition on operations
during medical deficiency by stating: ``I understand that I cannot act
as pilot in command, or any other capacity as a required flight crew
member, if I know or have reason to know of any medical condition that
would make me unable to operate the aircraft in a safe manner.''.
Sec. 68.5 Comprehensive medical examination.
(a) Prior to the medical examination required by Sec. 61.23(c)(3)
of this chapter, an individual must--
(1) Complete the individual's section of the checklist described in
Sec. 68.7; and
(2) Provide the completed checklist to the State-licensed physician
performing the medical examination.
(b) The physician must--
(1) Conduct the medical examination in accordance with the
checklist set forth in Sec. 68.7,
(2) Check each item specified during the examination; and
(3) Address, as medically appropriate, every medical condition
listed and any medications the individual is taking.
Sec. 68.7 Comprehensive medical examination checklist.
The comprehensive medical examination required to conduct
operations under Sec. 61.113(i) must include a checklist containing
the following:
(a) A section, for the individual to complete that contains--
(1) Boxes 3 through 13 and boxes 16 through 19 of the FAA Form
8500-8 (3-99); and
(2) A signature line for the individual to affirm that--
(i) The answers provided by the individual on that checklist,
including the individual's answers regarding medical history, are true
and complete;
(ii) The individual understands that he or she is prohibited under
FAA regulations from acting as pilot in command, or any other capacity
as a required flight crew member, if he or she knows or has reason to
know of any medical deficiency or medically disqualifying condition
that would make the individual unable to operate the aircraft in a safe
manner; and
(iii) The individual is aware of the regulations pertaining to the
prohibition on operations during medical deficiency and has no
medically disqualifying conditions in accordance with applicable law;
(b) A section with instructions for the individual to provide the
completed checklist to the State-licensed physician performing the
comprehensive medical examination required under Sec. 68.5; and
(c) A section, for the physician to complete, that instructs the
physician--
(1) To perform a clinical examination of--
(i) Head, face, neck, and scalp;
(ii) Nose, sinuses, mouth, and throat;
(iii) Ears, general (internal and external canals), and eardrums
(perforation);
(iv) Eyes (general), ophthalmoscopic, pupils (equality and
reaction), and ocular motility (associated parallel movement,
nystagmus);
(v) Lungs and chest (not including breast examination);
(vi) Heart (precordial activity, rhythm, sounds, and murmurs);
(vii) Vascular system (pulse, amplitude, and character, and arms,
legs, and others);
(viii) Abdomen and viscera (including hernia);
(ix) Anus (not including digital examination);
(x) Skin;
(xi) G-U system (not including pelvic examination);
(xii) Upper and lower extremities (strength and range of motion);
(xiii) Spine and other musculoskeletal;
(xiv) Identifying body marks, scars, and tattoos (size and
location);
(xv) Lymphatics;
(xvi) Neurologic (tendon reflexes, equilibrium, senses, cranial
nerves, and coordination, etc.);
(xvii) Psychiatric (appearance, behavior, mood, communication, and
memory);
(xviii) General systemic;
(xix) Hearing;
(xx) Vision (distant, near, and intermediate vision, field of
vision, color vision, and ocular alignment);
(xxi) Blood pressure and pulse; and
(xxii) Anything else the physician, in his or her medical judgment,
considers necessary;
(2) To exercise medical discretion to address, as medically
appropriate, any medical conditions identified, and to exercise medical
discretion in determining whether any medical tests are warranted as
part of the comprehensive medical examination;
(3) To discuss all drugs the individual reports taking
(prescription and nonprescription) and their potential to interfere
with the safe operation of an aircraft or motor vehicle;
(4) To sign the checklist, stating: ``I certify that I discussed
all items on this checklist with the individual during my examination,
discussed any medications the individual is taking that could interfere
with his or her ability to safely operate an aircraft or motor vehicle,
and performed an examination that included all of the items on this
checklist. I certify that I am not aware of any medical condition that,
as presently treated, could interfere with the individual's ability to
safely operate an aircraft.''; and
(5) To provide the date the comprehensive medical examination was
completed, and the physician's full name, address, telephone number,
and State medical license number.
Sec. 68.9 Special Issuance process.
(a) General. An individual who has met the qualifications to
operate an aircraft under Sec. 61.113(i) of this chapter and is
seeking to serve as a pilot in command under that section must have
completed the process for obtaining an Authorization for Special
Issuance of a Medical Certificate for each of the following:
(1) A mental health disorder, limited to an established medical
history or clinical diagnosis of--
(i) A personality disorder that is severe enough to have repeatedly
manifested itself by overt acts;
(ii) A psychosis, defined as a case in which an individual--
(A) Has manifested delusions, hallucinations, grossly bizarre or
disorganized behavior, or other commonly accepted symptoms of
psychosis; or
(B) May reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or other
commonly accepted symptoms of psychosis;
(iii) A bipolar disorder; or
(iv) A substance dependence within the previous 2 years, as defined
in Sec. 67.307(a)(4) of this chapter.
(2) A neurological disorder, limited to an established medical
history or clinical diagnosis of any of the following:
(i) Epilepsy;
(ii) Disturbance of consciousness without satisfactory medical
explanation of the cause; or
[[Page 3167]]
(iii) A transient loss of control of nervous system functions
without satisfactory medical explanation of the cause.
(3) A cardiovascular condition, limited to a one-time special
issuance for each diagnosis of the following:
(i) Myocardial infarction;
(ii) Coronary heart disease that has required treatment;
(iii) Cardiac valve replacement; or
(iv) Heart replacement.
(b) Special rule for cardiovascular conditions. In the case of an
individual with a cardiovascular condition, the process for obtaining
an Authorization for Special Issuance of a Medical Certificate shall be
satisfied with the successful completion of an appropriate clinical
evaluation without a mandatory wait period.
(c) Special rule for mental health conditions. (1) In the case of
an individual with a clinically diagnosed mental health condition, the
ability to operate an aircraft under Sec. 61.113(i) of this chapter
shall not apply if--
(i) In the judgment of the individual's State-licensed medical
specialist, the condition--
(A) Renders the individual unable to safely perform the duties or
exercise the airman privileges required to operate an aircraft under
Sec. 61.113(i) of this chapter; or
(B) May reasonably be expected to make the individual unable to
perform the duties or exercise the privileges required to operate an
aircraft under Sec. 61.113(i) of this chapter; or
(ii) The individual's driver's license is revoked by the issuing
agency as a result of a clinically diagnosed mental health condition.
(2) Subject to paragraph (c)(1) of this section, an individual
clinically diagnosed with a mental health condition shall certify every
2 years, in conjunction with the certification under Sec. 68.3(b)(3),
that the individual is under the care of a State-licensed medical
specialist for that mental health condition.
(d) Special rule for neurological conditions. (1) In the case of an
individual with a clinically diagnosed neurological condition, the
ability to operate an aircraft under Sec. 61.113(i) of this chapter
shall not apply if--
(i) In the judgment of the individual's State-licensed medical
specialist, the condition--
(A) Renders the individual unable to safely perform the duties or
exercise the airman privileges required to operate an aircraft under
Sec. 61.113(i) of this chapter; or
(B) May reasonably be expected to make the individual unable to
perform the duties or exercise the privileges required to operate an
aircraft under Sec. 61.113(i) of this chapter; or
(ii) The individual's driver's license is revoked by the issuing
agency as a result of a clinically diagnosed neurological condition.
(2) Subject to paragraph (d)(1) of this section, an individual
clinically diagnosed with a neurological condition shall certify every
2 years, in conjunction with the certification under Sec. 68.3(b)(3),
that the individual is under the care of a State-licensed medical
specialist for that neurological condition.
Sec. 68.11 Authority to require additional information.
(a) If the Administrator receives credible or urgent information,
including from the National Driver Register or the Administrator's
Safety Hotline, that reflects on an individual's ability to safely
operate an aircraft under Sec. 61.113(i) of this chapter, the
Administrator may require the individual to provide additional
information or history so that the Administrator may determine whether
the individual is safe to continue operating under that section.
(b) The Administrator may use credible or urgent information
received under paragraph (a) to request an individual to provide
additional information or to take actions under 49 U.S.C. 44709(b).
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
8. The authority citation for part 91 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49
U.S.C. 44703 note); articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
9. In Sec. 91.319, add paragraph (j) to read as follows:
Sec. 91.319 Aircraft having experimental certificates: Operating
limitations.
* * * * *
(j) No person may operate an aircraft that has an experimental
certificate under Sec. 61.113(i) of this chapter unless the aircraft
is carrying not more than 6 occupants.
Issued in Washington, DC, under the authority of 49 U.S.C.
106(f) and Sec. 2307 of Public Law 114-190 on December 22, 2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016-31602 Filed 1-10-17; 11:15 am]
BILLING CODE 4910-13-P