Modification of Certain Medical Standards and Procedures and Duration of Certain Medical Certificates, 43059-43066 [E8-16911]
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Federal Register / Vol. 73, No. 143 / Thursday, July 24, 2008 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 65, 67, and 183
[Docket No.: FAA–2007–27812; Amdt. Nos.
61–121, 65–52, 67–20, and 183–13]
RIN 2120–AI91
Modification of Certain Medical
Standards and Procedures and
Duration of Certain Medical
Certificates
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule extends the duration
of first- and third-class medical
certificates for certain individuals. A
first-class medical certificate is required
when exercising airline transport pilot
privileges and at least a third-class
medical certificate when exercising
private pilot privileges. Certain
conforming amendments to medical
certification procedures and some
general editorial amendments are also
adopted. The intent of this action is to
improve the efficiency of the medical
certification program and service
provided to medical certificate
applicants.
These amendments become
effective August 25, 2008 except for the
amendments to § 61.23(d) which
become effective on July 24, 2008.
FOR FURTHER INFORMATION CONTACT: Judi
Citrenbaum, Office of the Federal Air
Surgeon, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–9689; e-mail;
Judi.M.Citrenbaum@faa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
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Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106, describes the
authority of the FAA Administrator,
including the authority to issue, rescind,
and revise regulations. Subtitle VII,
Aviation Programs, describes, in more
detail, the scope of the agency’s
authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart III, Chapter
447, Sections 44701, 44702 and 44703.
Under Section 44701 the Administrator
has the authority to prescribe
regulations and minimum standards for
practices, methods and procedures
necessary for safety in air commerce and
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national security. Under Section 44702
the Administrator has the authority to
issue certificates. More specifically,
under Section 44703(b)(C) the
Administrator has the authority to
decide terms necessary to ensure safety
in air commerce, including terms on the
duration of certificates and tests of
physical fitness. This rule extends the
duration of first- and third-class medical
certificates for certain individuals in
order to improve the efficiency of the
medical certification program and
service provided to medical certificate
applicants, without compromising the
safety of air commerce. For this reason,
the proposed change is within the scope
of our authority and is a reasonable and
necessary exercise of our statutory
obligations.
Background
Summary of the Notice of Proposed
Rulemaking
Currently, the maximum duration on
a first-class medical certificate is 6
months regardless of age and, on a thirdclass medical certificate, 36 months for
individuals under age 40. On April 10,
2007 [72 FR 18092], the FAA proposed
to amend § 61.23(d) to extend the
duration of first- and third-class medical
certificates for individuals under the age
of 40. First-class medical certificates for
individuals under age 40 would be
extended from 6 months to 1 year and
third-class medical certificates for
individuals under the age of 40 would
be extended from 3 years to 5 years.
The FAA developed this proposal
through review of relevant medical
literature, its own aeromedical
certification data, and accident data.
Additionally, the FAA considered the
long-standing International Civil
Aviation Organization (ICAO) standards
requiring annual medical certification
for airline transport and commercial
pilots in multi-crew settings and also
the ICAO standards adopted in
November 2005 extending medical
duration for private pilots from 2 years
to 5 years under the age of 40. These
ages and examination periods were
selected based on current ICAO
standards, in effect since 2005, which
have not had an adverse impact on
safety, and based on trends with
younger applicants indicating no
significant increase in undetected
pathology between required
examinations. Those individuals
manifesting conditions that represent a
risk to safety will continue to be denied
certification or, after individual
evaluation, will continue to be restricted
in their flying activities, or examined
more thoroughly and frequently, or
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both. Further, this rule will continue,
and not affect, the long-standing
regulatory prohibition in § 61.53 against
exercising privileges during periods of
medical deficiency.
In addition to extending the duration
of first- and third-class medical
certificates, the FAA also proposed the
following minor, mostly editorial,
changes:
Add New Section § 67.4
• To provide more specific direction
to applicants applying for a medical
certificate, including how to locate an
Aviation Medical Examiner (AME).
• To codify that applicants must fill
out a form to apply for a medical
certificate and thereby conform part 67
with existing language under § 61.13
that requires pilot certificate applicants
to make application ‘‘on a form and in
a manner acceptable to the
Administrator.’’
• To codify that applicants must
present proof of age and identity for
airman medical certification.
Amend § 183.15
• To remove a specific time limit for
the duration of the designation of AMEs.
The FAA had done this previously
under rulemaking effective in November
2005 but it was made applicable only
for designees of the Flight Standards
and Aircraft Certification Services. This
action will make a consistent standard
for all FAA designees, including AMEs,
by having duration set at the discretion
of the FAA.
Edit §§ 61.29, 65.16, 67.3, 67.401,
67.405, 67.411, 67.413, and 183.11
• §§ 61.29 and 65.16: To provide a
new P.O. Box for applicants to use when
they need a replacement medical
certificate or when they need to change
their name on a medical certificate.
While the current P.O. Box listing is
valid, the FAA finds that requests sent
to this alternate P.O. Box are received
more expeditiously thus allowing the
FAA to provide better service to
applicants. In the proposal the FAA
inadvertently amended § 65.16(b) with
the new P.O. Box when we intended to
amend § 65.16(c). The final rule
correctly amends § 65.16(c).
• § 67.405: To move certain
provisions of this paragraph under new
§ 67.4.
• § 67.411: To delete this section that
addresses military flight surgeons on a
specific military base being designated
as AMEs. Because the FAA has ceased
designating AMEs at particular military
installations in favor of designating
individual military personnel as AMEs
(just as it does civilian AMEs) the
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distinction made in this provision is no
longer needed.
• § 67.413: To re-format this section
to make it easier to read and
understand.
• § 183.11: To make an editorial
change (revising ‘‘his’’ to ‘‘his or her’’)
to be consistent with a conforming
amendment in § 67.407(d) that says ‘‘his
or her.’’
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Summary of Comments
The FAA received 36 comments to the
April 10, 2007 proposal. Commenters
generally supported the proposed
changes. The National Transportation
Safety Board (NTSB) commented as did
eight aviation associations including the
Aerospace Medical Association, the
National Air Transport Association, the
Air Line Pilots Association
International, the Aircraft Owners and
Pilots Association, the Experimental
Aircraft Association, the Civil
Aerospace Medical Association
(CAMA), the Helicopter Association
International, and the National Business
Aviation Association. One
manufacturer, Cessna Aircraft Company,
indicated that it appreciated the
opportunity to comment but had no
specific comment at this time.
The remaining comments were from
individuals. Among these commenters,
a few opposed it, including an AME,
who indicated that under-age-40
individuals should be examined as
frequently as over-age-40 individuals.
More commenters indicated, however,
that the proposed action is appropriate
but should be further amended, for
example, to extend the duration of
medical certificates for over-age-40
individuals.
Commenters requested specifically
that the FAA consider the following for
the final rule:
• Extend the duration of medical
certificates for individuals over age 40.
(4 comments)
• Extend the duration of student pilot
certificates to 60 months. (1 comment)
• Extend the duration of second-class
medical certificates beyond 12 months.
(1 comment)
• Allow a U.S. driver’s license as
medical qualification in lieu of an FAA
medical certificate to exercise
recreational pilot privileges. (4
comments)
• Develop policy to address the
impact (at the third-class level) of the 3year limit on the National Driver
Registry (NDR) search once the interval
between medical applications is
extended to 5 years. (2 comments)
• Require pilots to report in a timely
fashion to the FAA any medical
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conditions that may develop between
examinations. (2 comments)
• Develop a more efficient method for
medical certificate holders to report
changes in medical conditions, rather
than relying on self-assessment policies
during periods of medical deficiency. (2
comments)
• Clarify the intent of § 61.23(d)
regulatory language with regard to how
the proposed duration periods will be
implemented. (3 comments)
Discussion of Final Rule
Analysis of Comments
As noted above, some commenters
requested that the FAA provide relief
beyond what was proposed, while
others requested that the FAA adopt
more rigid policies, even reporting
requirements, to more closely monitor
any changes in medical qualification
status that a medical certificate holder
may experience. We have considered
the comments and provide our analysis
below.
Specific Reporting Requirement
The NTSB suggested that pilots be
required to report potentially
disqualifying medical conditions to the
FAA in a timely fashion if such
conditions develop between
examinations. The NTSB referenced
international reporting requirement
practices, including the ICAO
Recommended Practice 1.2.6.1.1, which
states the following:
1.2.6.1.1 Recommendation.—
License holders should inform the
Licensing Authority of confirmed
pregnancy or any decrease in medical
fitness of a duration of more than 20
days or which requires continued
treatment with prescribed medication or
which has required hospital treatment.
It also referenced a requirement of the
European Joint Aviation Authorities,
JAR FCL 3.040 which states the
following:
JAR–FCL 3.040
Fitness
Decrease in Medical
(c) Holders of medical certificates
shall, without undue delay, seek the
advice of the AMS, an AMC or an AME
when becoming aware of:
(1) Hospital or clinic admission for
more than 12 hours; or
(2) surgical operation or invasive
procedure; or
(3) the regular use of medication; or
(4) the need for regular use of
correcting lenses.
The CAMA also suggested that the
FAA develop a more sophisticated
system for pilots to report medical
conditions.
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The FAA disagrees that a specific
reporting requirement is warranted and
believes that FAA policy and existing
regulation meet the intent of the
international standard. Long-standing
FAA regulation (§ 61.53) requires that
before every flight a pilot should
evaluate fitness to fly, not just when the
decrease in medical fitness would last
more than 20 days or when it requires
continued treatment. Existing § 61.53
also specifies that medical certificate
holders may not exercise pilot privileges
if they are ‘‘taking medication or
receiving other treatment for a medical
condition that results in the person
being unable to meet the requirements
for the medical certificate necessary for
the pilot operation.’’ Individuals with a
medical certificate who choose to
exercise pilot privileges are bound by
the FAA’s disqualifying medical
conditions set forth under part 67 as
they are by any decrease in general
medical condition as set forth under
§ 61.53. The provisions of § 61.53 are
referenced on the reverse side of the
medical certificate which pilots are
required to carry with them at all times
when they exercise flight privileges. The
ability to certify no known medical
conditions in order to ensure the safe
operation of aircraft is a required,
critical component of a pilot’s flight
planning procedures.
Pilot safety brochures, widely
disseminated to the pilot community on
our Web site and by our system of
approximately 4,000 AMEs across the
country, emphasize the importance of
good decision-making before flying. We
have many brochures that provide
guidance about issues such as
medications, fatigue, vision, and spatial
disorientation among many others. We
always advise pilots to check with the
FAA or their AME if they have any
concerns, and to have their private
physicians and pharmacists check with
their AME if there is any uncertainty
about medical status before flying. By
way of example, our pilot safety
brochure entitled ‘‘Medications and
Flying’’ emphasizes the importance of
fully understanding an existing or
underlying medical condition and the
potential for adverse reactions or side
effects of medications. This brochure
advises pilots of the following:
• If you must take over-the-counter
medications:
• Read and follow the label directions
• If the label warns of significant side
effects, do not fly after taking the
medication until at least two dosing
intervals have passed. For example, if
the directions say to take the medication
every 6 hours, wait until at least 12
hours after the last dose to fly.
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• Remember that you should not fly
if the underlying condition that you are
treating would make you unsafe if the
medication fails to work.
• Never fly after taking a new
medication for the first time.
• As with alcohol, medications may
impair your ability to fly—even though
you feel fine.
• If you have questions about a
medication, ask your aviation medical
examiner.
• When in doubt don’t fly.
Adding a specific reporting
requirement for our system of
approximately a half million pilots
would be difficult to implement and
hard to enforce. There are no apparent
adverse trends that would indicate a
need for a specific reporting
requirement. Adding a specific
reporting requirement would require
further rulemaking, new forms,
increased paperwork and recordkeeping
requirements, and further guidance to
pilots and to AMEs. The FAA also notes
that a modification for current ICAO
Recommended Practice 1.2.6.1.1
(referenced above) is in the planning
stages that would remove language that
indicates a decrease in medical fitness
of more than 20 days should be
reported.
National Driver Registry Access
At the time of application for FAA
medical certification, individuals must
provide express consent to grant the
FAA the right to review their NDR
records. This information allows the
FAA to check applicants’ driving
records for any instances of substance
abuse and dependence disorders which
may provide cause for denying a
medical certificate.
The NTSB commented that ‘‘an
unintended effect of extending the time
interval between examinations might be
to increase the interval between NDR
inquiries.’’ The CAMA stated that ‘‘if
the examination frequency is extended
to a 60-month period, it would be
possible for an airman to receive a DWI
and have it dropped from the NDR
database before presenting for their next
required examination.’’ The NTSB
indicated that the FAA should ‘‘require
policy changes as necessary to ensure an
appropriate frequency of NDR database
evaluations that is no less than currently
performed.’’
Currently, on Item 20 of FAA Form
8500–8, Application for Airman
Medical Certificate, an applicant gives
express consent for FAA to access his or
her NDR records as part of the
evaluation for a medical certificate.
Such consent is required by the
National Driver Registry Act, which
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provides that the FAA’s access to the
NDR records be made upon an express
request from the medical certificate
applicant to search his or her driving
records. With the applicant’s consent,
the FAA is authorized to obtain a single,
3-year look-back of the applicant’s
driving records. As some commenters
noted, adoption of the proposal to
extend the duration of certain medical
certificates from 3 to 5 years would
result in a situation where the FAA
would not obtain the applicant’s NDR
records for the first 2 years of the 5-year
period prior to the next application for
a medical certificate. This reality,
however, is not sufficiently problematic
to justify abandoning the proposal for a
number of reasons.
First and most importantly, the
medical certification process, including
the duration of a medical certificate to
engage in specific aviation activities,
should be based on appropriate medical
information and judgment, not on the
availability of a particular compliance
tool to cross-match information.
Second, even as a compliance tool,
NDR access does not cover all piloting
activities. Glider and balloon piloting,
as well as operation of an ultralight
vehicle under 14 CFR Part 103, do not
require medical certification, and thus
there is no NDR access undertaken.
Similarly, sport piloting does not
require a medical certificate if an
individual chooses to use a U.S. driver’s
license as a medical qualification.
Third, current regulations obligate
pilots to provide the FAA with a written
report of any motor vehicle action
within 60 days of the action. This
includes any conviction related to the
operation of a motor vehicle while
intoxicated or impaired by alcohol or a
drug, as well as any action taken by the
State to cancel, suspend, or revoke a
license to operate a motor vehicle based
on intoxication or impairment.
As required under long-standing
§ 61.15(e) reporting requirements, all
medical certificate holders must provide
‘‘a written report of each motor vehicle
action to the FAA.’’ The intent of this
requirement is explained in detail to
pilots under ‘‘Frequently Asked
Questions’’ on the FAA Web site. All
pilots must send a Notification Letter to
the FAA’s Security and Investigations
Division within 60 calendar days of the
effective date of an alcohol-related
conviction or administrative action.
Each event, conviction, or
administrative action, requires a
separate Notification Letter.
The inability to reach back to the
fourth and fifth year of the prior 5-year
period through the NDR would have an
impact only if the individual had
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violated the reporting requirements. The
failure to have reported the information
to the FAA would itself be a violation
that could lead to the suspension or
revocation of the individual’s pilot
certificate. Thus, there are substantial
incentives to provide the information.
Fourth, the FAA is considering
seeking a statutory change to permit a 5year access period through the NDR. At
the time of the original statute in the
late 1980s that gave the FAA a 3-year
period of access to the NDR, the period
authorized exceeded the duration of all
classes of medical certificates issued by
the FAA. Later legislative action under
the Pilot Records Improvement Act of
1996 authorized a 5-year access to the
NDR in the context of air carrier
operations. In light of the change to the
duration of certain medical certificates
made by this final rule, the FAA
believes a corresponding change to NDR
access would receive substantial
support by the Congress.
Unintended Effects of Amending
§ 61.23(d): Medical Certificates:
Requirement and Duration
Some commenters requested
clarification regarding the intent of the
regulatory language in the proposed
§ 61.23(d) table.
The National Air Transport
Association (NATA) commented that
the proposal indicates the specified
period of duration on a medical
certificate is applied ‘‘from the date of
examination.’’ According to NATA,
however, in some cases the medical
certificate is not issued on the same day
as the examination. The medical
certificate may be issued at a later date
after further review is conducted. NATA
stated that duration should be
calculated from the date of issuance, not
the date of examination. ‘‘This is
currently how expiration dates are
typically determined, although it is not
specified in the regulations.’’
According to another commenter: ‘‘for
some pilots around age 40, the proposed
rules actually reduce the duration of
some medical certificates and increase
the burden of compliance.’’ The
commenter indicated that, under
existing § 61.23(d), the age at
examination sets duration while under
proposed § 61.23(d), the age at operation
sets duration. The commenter
interpreted this to mean that ‘‘a medical
used for third-class operations that is
obtained shortly before the 40th
birthday will expire in 24 months under
the proposed rules instead of 36 months
under the existing rules.’’ He stated:
‘‘For example, a pilot born June 1, 1965,
gets a third-class medical on May 15,
2005. Under the current rule, this
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expires on May 31, 2008, but under the
proposed rule, the expiration date will
be May 31, 2007.’’
One commenter indicated that the
second column of the proposed table for
§ 61.23(d) is confusing and suggested
that it be modified to read ‘‘And you are
at the date of the examination’’ rather
than ‘‘And you are.’’
The FAA’s intent on the duration of
medical certificates has not changed. As
specified in the preamble to the
proposal, these standards are applied
‘‘according to the date of examination
placed on the medical certificate and in
accordance with duration periods
specified under § 61.23(d).’’ An FAA
medical certificate lists only a ‘‘Date of
Examination,’’ not a date of issuance
and duration standards are applied
according to the date of examination
placed on the medical certificate unless
otherwise limited, as indicated under
the section of the certificate entitled
‘‘Limitations.’’ Each medical certificate
must bear the same date as the date of
medical examination regardless of the
date the certificate is actually issued. To
respond to commenters, the FAA has
revised the § 61.23(d) table to better
clarify its intent.
The new duration periods will be
effective the day this rule is published
and will affect current medical
certificates holders. First- and thirdclass medical certificate holders, who
were under age 40 on the date of the
application of their medical certificate,
will be covered by the new, longer
durations established under § 61.23(d).
To determine the duration of one’s
medical certificate, one should examine
two pertinent dates displayed on each
medical certificate: The date of the
applicant’s birth, which determines the
applicant’s age at the time of the
application, and the date of the
applicant’s medical examination. This
means, for example, if you were under
age 40 at the time of the application and
you hold a first-class medical certificate
with a date of examination dating back
5 months prior to the adoption of this
provision of the final rule, then your
medical certificate for airline transport
pilot operations will expire according to
the new annual standard and not the
current 6-month standard. Using
another example, if you were under age
40 at the time of the application and you
hold a third-class medical certificate,
then your medical certificate for private
or recreational operations will expire
according to the new 5-year standard
and not the current 3-year standard.
Affected first- and third-class medical
certificate holders must look at the date
of examination on their existing medical
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certificate and recalculate duration as
set forth under new § 61.23(d).
In addition, it should be noted that
the ‘‘Conditions of Issue’’ on the reverse
side of the existing medical certificate
(FAA Form 8500–9) for affected firstand third-class medical certificate
holders no longer will be accurate for
certain medical certificate holders once
this rule becomes effective because
existing § 61.23 duration standards are
referenced. The FAA will be using new
medical certificates with updated
‘‘Conditions of Issue’’ on the reverse
side of the medical certificate following
rule issuance. Until such time as you
renew your medical certificate,
therefore, you should be aware of these
outdated ‘‘Conditions of Issue’’ on the
reverse side of your existing medical
certificate. You should carry a copy of
the new duration standards with you
when you fly, especially if you fly
internationally, in order to demonstrate
that the duration of your existing
medical certificate is in compliance
with new FAA medical certificate
duration standards.
Duration of a Medical Certificate When
Exercising Sport Pilot Privileges (When
You Choose To Medically Qualify With
an FAA Medical Certificate Rather Than
a U.S. Driver’s License)
A commenter indicated that proposed
and existing § 61.23(d) do not address
individuals who may choose to hold a
medical certificate rather than use their
U.S. driver’s license to medically
qualify to exercise sport pilot privileges.
This commenter holds a first-class
medical certificate and will soon stop
flying professionally. He plans to
maintain a current FAA first-class
medical certificate but will be exercising
sport pilot privileges only. This
commenter requested that the FAA
clarify in the final rule the intended
duration period of a medical certificate
when used as medical qualification to
exercise sport pilot privileges rather
than a U.S. driver’s license.
The FAA believes that the comment
has merit and has adjusted § 61.23(d)
accordingly.
Comments Beyond the Scope of the
Notice
The FAA received comments
requesting changes beyond what was
proposed. One commenter requested
extended duration on a second-class
medical certificate and others suggested
extended duration for individuals over,
as well as under, age 40. Further, some
commenters asked that recreational
pilots be allowed to medically qualify
using a U.S. driver’s license in lieu of
an FAA medical certificate.
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All these proposed changes are
beyond the scope of the proposal.
Existing U.S. medical certificate
duration standards for commercial
pilots under age 40 in a multi-crew
setting currently are the same as the
ICAO standards; therefore, the FAA did
not propose a change to FAA secondclass medical certificate duration
standards. Proposing or adopting such a
change would create a difference with
existing international standard. The
FAA proposed to extend duration and
limit it to under-age-40 individuals for
the same reason. Extending the duration
any further would put the United States
out of compliance with international
standards, and we have no experience
or basis to support doing so at this time.
Today’s action is based, in part, on
international experience and on 10
years of FAA experience with extended
duration on third-class medical
certificates (from 2 years to 3 years) for
individuals under age 40.
The FAA proposal did not address, or
propose to amend, standards for
recreational pilots other than, for certain
pilots, the duration of a third-class
medical certificate, required when
exercising recreational pilot privileges.
The only pilots currently allowed to
medically qualify using a U.S. driver’s
license are sport pilots. The FAA did
not find cause during sport pilot
rulemaking deliberations, and at this
time does not have sufficient experience
certificating sport pilots, to reconsider
the third-class medical certificate
standard for the exercise of recreational
pilot privileges.
Related Activity
Student Pilot Certificate Duration
On February 7, 2007, the FAA issued
a proposal that would amend, in part,
existing § 61.19(b) to extend the
duration of a student pilot certificate
from 24 months to 36 months for
individuals under age 40 [72 FR 5806].
Subsequently this proposed action was
issued to extend the duration of medical
certificates. The FAA received
comments to both proposals that
support extending the duration of a
student pilot certificate. The FAA will
take these comments into consideration
and dispose of them in the final rule
that will address the February 7, 2007
proposal.
ICAO Audit
ICAO, the aviation wing of the United
Nations, audited the United States
Government’s civil aviation safety
oversight system from November 5–19,
2007, as part of the Universal Safety
Oversight Audit Program (USOAP). The
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ICAO USOAP teams assess whether a
signatory state meets international
aviation standards. The audit is very
comprehensive and part of the focus is
on licensing systems and keeping them
aligned with international aviation
standards.
ICAO findings for many signatory
states, including the United States, have
revealed a need to revise licensing
systems to ensure conformance with
ICAO Standards and Recommended
Practices. Specifically, ICAO
recommends endorsements on licenses
for any person holding a license who
does not satisfy in full the conditions set
forth in international standards. These
individuals must have endorsed on or
attached to their license a complete
enumeration of the particulars in which
they do not satisfy such conditions.
In order to comply with our
international obligations to ICAO, the
FAA has determined that affected
persons, those who have been granted
an Authorization for Special Issuance of
a Medical Certificate (Authorization) or
a Statement of Demonstrated Ability
(SODA) must carry their Authorization
or SODA with them when exercising
pilot privileges. In order to satisfy this
ICAO obligation, the FAA has amended
existing § 67.401(j) accordingly.
Paperwork Reduction Act
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA submitted a copy of
the amended information collection
requirements in this final rule to the
Office of Management and Budget for its
review. The paperwork burdens and
cost impact associated with revising,
reprinting, and re-distributing this form,
as described in the proposal, have been
addressed and no longer apply as a cost
of the rule. OMB approved the
collection of this information and
assigned OMB Control Number 2120–
0034.
ebenthall on PRODPC60 with RULES
International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with ICAO Standards and
Recommended Practices to the
maximum extent practicable. The intent
of this final rule, in part, is to come into
compliance with existing ICAO medical
assessment duration standards.
Therefore, this final rule will not create
any differences with ICAO.
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Regulatory Evaluation, Regulatory
Flexibility Determination, International
Trade Impact Assessment, and
Unfunded Mandates Assessment
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs 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) prohibits agencies
from setting standards that create
unnecessary obstacles to the foreign
commerce of the United States. In
developing U.S. standards, this Trade
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 proposed 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.
This rule extends the duration of firstand third-class medical certificates for
certain individuals. A first-class medical
certificate is required when exercising
airline transport pilot privileges and at
least a third-class medical certificate
when exercising private pilot privileges.
Certain conforming amendments to
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Sfmt 4700
43063
medical certification procedures and
some general editorial amendments also
are adopted. The intent of this action is
to improve the efficiency of the medical
certification program and service
provided to medical certificate
applicants. Over 10 years, this final rule
is estimated to generate $91.7 million
($68.9 million, discounted) of costsavings.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980
(RFA) (Pub. L. 96–354) 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
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.
However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
the head of the agency may so certify
and a regulatory flexibility analysis is
not required. The certification must
include a statement providing the
factual basis for this determination, and
the reasoning should be clear.
This final rule will not impact small
entities. It will impact primarily firstand third-class medical certificate
holders who are expected to save about
$300.00 each time that they do not have
to renew their medical certificates.
Consequently, as the Acting
Administrator of the Federal Aviation
Administration, I certify that the rule
will not have a significant economic
impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39) prohibits Federal
agencies from establishing any
standards or engaging in related
activities that create unnecessary
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Federal Register / Vol. 73, No. 143 / Thursday, July 24, 2008 / Rules and Regulations
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. 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
has determined that it will have only a
domestic impact and therefore no effect
on international trade.
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
(adjusted annually for inflation with the
base year 1995) 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
$136.1 million in lieu of $100 million.
This final rule does not contain such a
mandate. The requirements of title II do
not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action will not
have a substantial direct effect on the
States, or the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, and, therefore,
does not have federalism implications.
Small Business Regulatory Enforcement
Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction. If
you are a small entity and you have a
question regarding this document, you
may contact your local FAA official, or
the person listed under the FOR FURTHER
INFORMATION CONTACT heading at the
beginning of the preamble. You can find
out more about SBREFA on the Internet
at https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
Good Cause for Immediate Adoption of
§ 61.23(d)
Section 553(d) of the Administrative
Procedures Act requires that rules
become effective no less than 30 days
after their issuance. Paragraph (d)(1)
allows an agency to make a rule
effective immediately, however, if the
agency provides good cause for
immediate adoption. The FAA finds
that good cause exists for immediate
adoption of the provisions of § 61.23(d)
of this final rule. Adopting § 61.23(d)
immediately—on the date of
publication, rather than 30 days after
issuance—prevents individuals whose
medical certificate might expire within
that 30-day interim from having to
renew a medical certificate that
otherwise may have remained valid if
not for the 30-day effective date
requirement.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation Safety, and
Reporting and recordkeeping
requirements.
14 CFR Part 65
Airmen other than flight
crewmembers.
14 CFR Part 67
Aircraft, Airmen, Alcohol abuse, Drug
abuse, Recreation and recreation areas,
Reporting and recordkeeping
requirements.
14 CFR Part 183
Aircraft, Airmen, Authority
delegations (Government agencies),
Reporting and recordkeeping
requirements.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
I
PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709–44711, 45102–45103,
45301–45302.
2. Amend § 61.23 by revising
paragraph (d)(1) to read as follows:
I
§ 61.23 Medical certificates: Requirement
and duration.
*
*
*
*
*
(d) Duration of a medical certificate.
(1) Use the following table to determine
duration for each class of medical
certificate:
If you hold
And on the date of
examination for your
most recent medical
certificate you were
And you are conducting an operation
requiring
Then your medical certificate expires, for that
operation, at the end of the last day of the
(i) A first-class medical
certificate.
(A) Under age 40 .......
an airline transport pilot certificate ..................
(B) Age 40 or older ....
an airline transport pilot certificate ..................
(C) Any age ................
a commercial pilot certificate or an air traffic
control tower operator certificate.
a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate
(when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot certificate, or a sport pilot certificate (when not using a U.S. driver’s license
as medical qualification).
12th month after the month of the date of examination shown on the medical certificate.
6th month after the month of the date of examination shown on the medical certificate.
12th month after the month of the date of examination shown on the medical certificate.
60th month after the month of the date of examination shown on the medical certificate.
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(D) Under age 40 .......
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And on the date of
examination for your
most recent medical
certificate you were
If you hold
And you are conducting an operation
requiring
(A) Any age ................
(B) Under age 40 .......
(C) Age 40 or older ....
(iii) A third-class medical certificate.
(A) Under age 40 .......
(B) Age 40 or older ....
*
*
*
*
§ 61.29 Replacement of a lost or destroyed
airman or medical certificate or knowledge
test report.
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*
*
*
*
(b) A request for the replacement of a
lost or destroyed medical certificate
must be made by letter to the
Department of Transportation, FAA,
Aerospace Medical Certification
Division, P.O. Box 26200, Oklahoma
City, OK 73125, and must be
accompanied by a check or money order
for the appropriate fee payable to the
FAA.
*
*
*
*
*
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14:29 Jul 23, 2008
Jkt 214001
24th month after the month of the date of examination shown on the medical certificate.
12th month after the month of the date of examination shown on the medical certificate.
60th month after the month of the date of examination shown on the medical certificate.
24th month after the month of the date of examination shown on the medical certificate.
60th month after the month of the date of examination shown on the medical certificate.
24th month after the month of the date of examination shown on the medical certificate.
PART 65—CERTIFICATION: AIRMEN
OTHER THAN FLIGHT
CREWMEMBERS
*
3. Amend § 61.29 by revising
paragraph (b) to read as follows:
I
*
Then your medical certificate expires, for that
operation, at the end of the last day of the
a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate
(when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot certificate, or a sport pilot certificate (when not using a U.S. driver’s license
as medical qualification).
a commercial pilot certificate or an air traffic
control tower operator certificate.
a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate
(when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot certificate, or a sport pilot certificate (when not using a U.S. driver’s license
as medical qualification).
a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate
(when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot certificate, or a sport pilot certificate (when not using a U.S. driver’s license
as medical qualification).
a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate
(when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot certificate, or a sport pilot certificate (when not using a U.S. driver’s license
as medical qualification).
a recreational pilot certificate, a private pilot
certificate, a flight instructor certificate
(when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot certificate, or a sport pilot certificate (when not using a U.S. driver’s license
as medical qualification).
(E) Age 40 or older ....
(ii) A second-class
medical certificate.
43065
accompanied by a check or money order
for $2.00.
*
*
*
*
*
4. The authority citation for part 65
continues to read as follows:
PART 67—MEDICAL STANDARDS AND
CERTIFICATION
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709–44711, 45102–45103,
45301–45302.
I
I
5. Amend § 65.16 by revising
paragraph (c) introductory text to read
as follows:
I
§ 65.16 Change of name: Replacement of
lost or destroyed certificate.
*
*
*
*
*
(c) An application for a replacement
of a lost or destroyed medical certificate
is made by letter to the Department of
Transportation, Federal Aviation
Administration, Aerospace Medical
Certification Division, Post Office Box
26200, Oklahoma City, OK 73125,
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Frm 00013
Fmt 4700
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6. The authority citation for part 67
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701–
44703, 44707, 44709–44711, 45102–45103,
45301–45302.
I
7. Revise § 67.3 to read as follows:
§ 67.3
Issue.
A person who meets the medical
standards prescribed in this part, based
on medical examination and evaluation
of the person’s history and condition, is
entitled to an appropriate medical
certificate.
I
8. Add § 67.4 to read as follows:
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§ 67.4
Federal Register / Vol. 73, No. 143 / Thursday, July 24, 2008 / Rules and Regulations
Application.
An applicant for first-, second- and
third-class medical certification must:
(a) Apply on a form and in a manner
prescribed by the Administrator;
(b) Be examined by an aviation
medical examiner designated in
accordance with part 183 of this
chapter. An applicant may obtain a list
of aviation medical examiners from the
FAA Office of Aerospace Medicine
homepage on the FAA Web site, from
any FAA Regional Flight Surgeon, or by
contacting the Manager of the Aerospace
Medical Education Division, P.O. Box
26200, Oklahoma City, Oklahoma
73125.
(c) Show proof of age and identity by
presenting a government-issued photo
identification (such as a valid U.S.
driver’s license, identification card
issued by a driver’s license authority,
military identification, or passport). If
an applicant does not have governmentissued identification, he or she may use
non-photo, government-issued
identification (such as a birth certificate
or voter registration card) in conjunction
with photo identification (such as a
work identification card or a student
identification card).
I 9. Amend § 67.401 by revising
paragraph (j) to read as follows:
§ 67.401 Special issuance of medical
certificates.
*
*
*
*
*
(j) An Authorization or SODA granted
under the provisions of this section to
a person who does not meet the
applicable provisions of subparts B, C,
or D of this part must be in that person’s
physical possession or readily
accessible in the aircraft.
I 10. Revise § 67.405 to read as follows:
§ 67.405 Medical examinations: Who may
perform?
(a) First-class. Any aviation medical
examiner who is specifically designated
for the purpose may perform
examinations for the first-class medical
certificate.
(b) Second- and third-class. Any
aviation medical examiner may perform
examinations for the second-or thirdclass medical certificate.
§ 67.411
I
I
§ 67.413
ebenthall on PRODPC60 with RULES
[Removed and Reserved]
11. Remove and reserve § 67.411.
12. Revise § 67.413 to read as follows:
Medical records.
(a) Whenever the Administrator finds
that additional medical information or
history is necessary to determine
whether you meet the medical standards
required to hold a medical certificate,
you must:
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14:29 Jul 23, 2008
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(1) Furnish that information to the
FAA; or
(2) Authorize any clinic, hospital,
physician, or other person to release to
the FAA all available information or
records concerning that history.
(b) If you fail to provide the requested
medical information or history or to
authorize its release, the FAA may
suspend, modify, or revoke your
medical certificate or, in the case of an
applicant, deny the application for a
medical certificate.
(c) If your medical certificate is
suspended, modified, or revoked under
paragraph (b) of this section, that
suspension or modification remains in
effect until you provide the requested
information, history, or authorization to
the FAA and until the FAA determines
that you meet the medical standards set
forth in this part.
PART 183—REPRESENTATIVES OF
THE ADMINISTRATOR
13. The authority citation for part 183
continues to read as follows:
I
Authority: 31 U.S.C. 9701; 49 U.S.C.
106(g), 40113, 44702, 44721, 45303.
14. Amend § 183.11 by revising
paragraph (a) to read as follows:
I
§ 183.11
Selection.
(a) The Federal Air Surgeon, or his or
her authorized representatives within
the FAA, may select Aviation Medical
Examiners from qualified physicians
who apply. In addition, the Federal Air
Surgeon may designate qualified
forensic pathologists to assist in the
medical investigation of aircraft
accidents.
*
*
*
*
*
I 15. Revise § 183.15 to read as follows:
§ 183.15
Duration of certificates.
(a) Unless sooner terminated under
paragraph (b) of this section, a
designation as an Aviation Medical
Examiner or as a Flight Standards or
Aircraft Certification Service Designated
Representative as described in
§§ 183.21, 183.23, 183.25, 183.27,
183.29, 183.31, or 183.33 is effective
until the expiration date shown on the
document granting the authorization.
(b) A designation made under this
subpart terminates:
(1) Upon the written request of the
representative;
(2) Upon the written request of the
employer in any case in which the
recommendation of the employer is
required for the designation;
(3) Upon the representative being
separated from the employment of the
employer who recommended him or her
for certification;
PO 00000
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Fmt 4700
Sfmt 4700
(4) Upon a finding by the
Administrator that the representative
has not properly performed his or her
duties under the designation;
(5) Upon the assistance of the
representative being no longer needed
by the Administrator; or
(6) For any reason the Administrator
considers appropriate.
Issued in Washington, DC, on July 10,
2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8–16911 Filed 7–23–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 33
[Docket No. RM07–21–001; Order
No. 708–A]
Blanket Authorization Under FPA
Section 203
Issued July 17, 2008.
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule; order on rehearing.
AGENCY:
SUMMARY: In this order on rehearing, the
Federal Energy Regulatory Commission
(Commission) affirms its determinations
in part and grants rehearing in part of
Order No. 708. Order No. 708 amended
the Commission’s regulations to
establish blanket authorizations under
section 203 of the Federal Power Act to
facilitate investment in the electric
industry and, at the same time, ensure
that public utility customers are
adequately protected from any adverse
effects of such transactions.
EFFECTIVE DATES: This final rule; order
on rehearing will become effective
August 25, 2008.
FOR FURTHER INFORMATION CONTACT:
Carla Urquhart (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–8496.
Mosby Perrow (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC
20426, (202) 502–6498.
Andrew Mosier (Technical Information),
Office of Energy Market Regulation,
Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
6274.
Ronald Lafferty (Technical Information),
Office of Energy Market Regulation,
E:\FR\FM\24JYR1.SGM
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Agencies
[Federal Register Volume 73, Number 143 (Thursday, July 24, 2008)]
[Rules and Regulations]
[Pages 43059-43066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16911]
[[Page 43059]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 61, 65, 67, and 183
[Docket No.: FAA-2007-27812; Amdt. Nos. 61-121, 65-52, 67-20, and 183-
13]
RIN 2120-AI91
Modification of Certain Medical Standards and Procedures and
Duration of Certain Medical Certificates
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule extends the duration of first- and third-class
medical certificates for certain individuals. A first-class medical
certificate is required when exercising airline transport pilot
privileges and at least a third-class medical certificate when
exercising private pilot privileges. Certain conforming amendments to
medical certification procedures and some general editorial amendments
are also adopted. The intent of this action is to improve the
efficiency of the medical certification program and service provided to
medical certificate applicants.
DATES: These amendments become effective August 25, 2008 except for the
amendments to Sec. 61.23(d) which become effective on July 24, 2008.
FOR FURTHER INFORMATION CONTACT: Judi Citrenbaum, Office of the Federal
Air Surgeon, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591; telephone (202) 267-9689; e-mail;
Judi.M.Citrenbaum@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106,
describes the authority of the FAA Administrator, including the
authority to issue, rescind, and revise regulations. Subtitle VII,
Aviation Programs, describes, in more detail, the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Chapter 447, Sections 44701, 44702
and 44703. Under Section 44701 the Administrator has the authority to
prescribe regulations and minimum standards for practices, methods and
procedures necessary for safety in air commerce and national security.
Under Section 44702 the Administrator has the authority to issue
certificates. More specifically, under Section 44703(b)(C) the
Administrator has the authority to decide terms necessary to ensure
safety in air commerce, including terms on the duration of certificates
and tests of physical fitness. This rule extends the duration of first-
and third-class medical certificates for certain individuals in order
to improve the efficiency of the medical certification program and
service provided to medical certificate applicants, without
compromising the safety of air commerce. For this reason, the proposed
change is within the scope of our authority and is a reasonable and
necessary exercise of our statutory obligations.
Background
Summary of the Notice of Proposed Rulemaking
Currently, the maximum duration on a first-class medical
certificate is 6 months regardless of age and, on a third-class medical
certificate, 36 months for individuals under age 40. On April 10, 2007
[72 FR 18092], the FAA proposed to amend Sec. 61.23(d) to extend the
duration of first- and third-class medical certificates for individuals
under the age of 40. First-class medical certificates for individuals
under age 40 would be extended from 6 months to 1 year and third-class
medical certificates for individuals under the age of 40 would be
extended from 3 years to 5 years.
The FAA developed this proposal through review of relevant medical
literature, its own aeromedical certification data, and accident data.
Additionally, the FAA considered the long-standing International Civil
Aviation Organization (ICAO) standards requiring annual medical
certification for airline transport and commercial pilots in multi-crew
settings and also the ICAO standards adopted in November 2005 extending
medical duration for private pilots from 2 years to 5 years under the
age of 40. These ages and examination periods were selected based on
current ICAO standards, in effect since 2005, which have not had an
adverse impact on safety, and based on trends with younger applicants
indicating no significant increase in undetected pathology between
required examinations. Those individuals manifesting conditions that
represent a risk to safety will continue to be denied certification or,
after individual evaluation, will continue to be restricted in their
flying activities, or examined more thoroughly and frequently, or both.
Further, this rule will continue, and not affect, the long-standing
regulatory prohibition in Sec. 61.53 against exercising privileges
during periods of medical deficiency.
In addition to extending the duration of first- and third-class
medical certificates, the FAA also proposed the following minor, mostly
editorial, changes:
Add New Section Sec. 67.4
To provide more specific direction to applicants applying
for a medical certificate, including how to locate an Aviation Medical
Examiner (AME).
To codify that applicants must fill out a form to apply
for a medical certificate and thereby conform part 67 with existing
language under Sec. 61.13 that requires pilot certificate applicants
to make application ``on a form and in a manner acceptable to the
Administrator.''
To codify that applicants must present proof of age and
identity for airman medical certification.
Amend Sec. 183.15
To remove a specific time limit for the duration of the
designation of AMEs. The FAA had done this previously under rulemaking
effective in November 2005 but it was made applicable only for
designees of the Flight Standards and Aircraft Certification Services.
This action will make a consistent standard for all FAA designees,
including AMEs, by having duration set at the discretion of the FAA.
Edit Sec. Sec. 61.29, 65.16, 67.3, 67.401, 67.405, 67.411, 67.413, and
183.11
Sec. Sec. 61.29 and 65.16: To provide a new P.O. Box for
applicants to use when they need a replacement medical certificate or
when they need to change their name on a medical certificate. While the
current P.O. Box listing is valid, the FAA finds that requests sent to
this alternate P.O. Box are received more expeditiously thus allowing
the FAA to provide better service to applicants. In the proposal the
FAA inadvertently amended Sec. 65.16(b) with the new P.O. Box when we
intended to amend Sec. 65.16(c). The final rule correctly amends Sec.
65.16(c).
Sec. 67.405: To move certain provisions of this paragraph
under new Sec. 67.4.
Sec. 67.411: To delete this section that addresses
military flight surgeons on a specific military base being designated
as AMEs. Because the FAA has ceased designating AMEs at particular
military installations in favor of designating individual military
personnel as AMEs (just as it does civilian AMEs) the
[[Page 43060]]
distinction made in this provision is no longer needed.
Sec. 67.413: To re-format this section to make it easier
to read and understand.
Sec. 183.11: To make an editorial change (revising
``his'' to ``his or her'') to be consistent with a conforming amendment
in Sec. 67.407(d) that says ``his or her.''
Summary of Comments
The FAA received 36 comments to the April 10, 2007 proposal.
Commenters generally supported the proposed changes. The National
Transportation Safety Board (NTSB) commented as did eight aviation
associations including the Aerospace Medical Association, the National
Air Transport Association, the Air Line Pilots Association
International, the Aircraft Owners and Pilots Association, the
Experimental Aircraft Association, the Civil Aerospace Medical
Association (CAMA), the Helicopter Association International, and the
National Business Aviation Association. One manufacturer, Cessna
Aircraft Company, indicated that it appreciated the opportunity to
comment but had no specific comment at this time.
The remaining comments were from individuals. Among these
commenters, a few opposed it, including an AME, who indicated that
under-age-40 individuals should be examined as frequently as over-age-
40 individuals. More commenters indicated, however, that the proposed
action is appropriate but should be further amended, for example, to
extend the duration of medical certificates for over-age-40
individuals.
Commenters requested specifically that the FAA consider the
following for the final rule:
Extend the duration of medical certificates for
individuals over age 40. (4 comments)
Extend the duration of student pilot certificates to 60
months. (1 comment)
Extend the duration of second-class medical certificates
beyond 12 months. (1 comment)
Allow a U.S. driver's license as medical qualification in
lieu of an FAA medical certificate to exercise recreational pilot
privileges. (4 comments)
Develop policy to address the impact (at the third-class
level) of the 3-year limit on the National Driver Registry (NDR) search
once the interval between medical applications is extended to 5 years.
(2 comments)
Require pilots to report in a timely fashion to the FAA
any medical conditions that may develop between examinations. (2
comments)
Develop a more efficient method for medical certificate
holders to report changes in medical conditions, rather than relying on
self-assessment policies during periods of medical deficiency. (2
comments)
Clarify the intent of Sec. 61.23(d) regulatory language
with regard to how the proposed duration periods will be implemented.
(3 comments)
Discussion of Final Rule
Analysis of Comments
As noted above, some commenters requested that the FAA provide
relief beyond what was proposed, while others requested that the FAA
adopt more rigid policies, even reporting requirements, to more closely
monitor any changes in medical qualification status that a medical
certificate holder may experience. We have considered the comments and
provide our analysis below.
Specific Reporting Requirement
The NTSB suggested that pilots be required to report potentially
disqualifying medical conditions to the FAA in a timely fashion if such
conditions develop between examinations. The NTSB referenced
international reporting requirement practices, including the ICAO
Recommended Practice 1.2.6.1.1, which states the following:
1.2.6.1.1 Recommendation.--License holders should inform the
Licensing Authority of confirmed pregnancy or any decrease in medical
fitness of a duration of more than 20 days or which requires continued
treatment with prescribed medication or which has required hospital
treatment.
It also referenced a requirement of the European Joint Aviation
Authorities, JAR FCL 3.040 which states the following:
JAR-FCL 3.040 Decrease in Medical Fitness
(c) Holders of medical certificates shall, without undue delay,
seek the advice of the AMS, an AMC or an AME when becoming aware of:
(1) Hospital or clinic admission for more than 12 hours; or
(2) surgical operation or invasive procedure; or
(3) the regular use of medication; or
(4) the need for regular use of correcting lenses.
The CAMA also suggested that the FAA develop a more sophisticated
system for pilots to report medical conditions.
The FAA disagrees that a specific reporting requirement is
warranted and believes that FAA policy and existing regulation meet the
intent of the international standard. Long-standing FAA regulation
(Sec. 61.53) requires that before every flight a pilot should evaluate
fitness to fly, not just when the decrease in medical fitness would
last more than 20 days or when it requires continued treatment.
Existing Sec. 61.53 also specifies that medical certificate holders
may not exercise pilot privileges if they are ``taking medication or
receiving other treatment for a medical condition that results in the
person being unable to meet the requirements for the medical
certificate necessary for the pilot operation.'' Individuals with a
medical certificate who choose to exercise pilot privileges are bound
by the FAA's disqualifying medical conditions set forth under part 67
as they are by any decrease in general medical condition as set forth
under Sec. 61.53. The provisions of Sec. 61.53 are referenced on the
reverse side of the medical certificate which pilots are required to
carry with them at all times when they exercise flight privileges. The
ability to certify no known medical conditions in order to ensure the
safe operation of aircraft is a required, critical component of a
pilot's flight planning procedures.
Pilot safety brochures, widely disseminated to the pilot community
on our Web site and by our system of approximately 4,000 AMEs across
the country, emphasize the importance of good decision-making before
flying. We have many brochures that provide guidance about issues such
as medications, fatigue, vision, and spatial disorientation among many
others. We always advise pilots to check with the FAA or their AME if
they have any concerns, and to have their private physicians and
pharmacists check with their AME if there is any uncertainty about
medical status before flying. By way of example, our pilot safety
brochure entitled ``Medications and Flying'' emphasizes the importance
of fully understanding an existing or underlying medical condition and
the potential for adverse reactions or side effects of medications.
This brochure advises pilots of the following:
If you must take over-the-counter medications:
Read and follow the label directions
If the label warns of significant side effects, do not fly
after taking the medication until at least two dosing intervals have
passed. For example, if the directions say to take the medication every
6 hours, wait until at least 12 hours after the last dose to fly.
[[Page 43061]]
Remember that you should not fly if the underlying
condition that you are treating would make you unsafe if the medication
fails to work.
Never fly after taking a new medication for the first
time.
As with alcohol, medications may impair your ability to
fly--even though you feel fine.
If you have questions about a medication, ask your
aviation medical examiner.
When in doubt don't fly.
Adding a specific reporting requirement for our system of
approximately a half million pilots would be difficult to implement and
hard to enforce. There are no apparent adverse trends that would
indicate a need for a specific reporting requirement. Adding a specific
reporting requirement would require further rulemaking, new forms,
increased paperwork and recordkeeping requirements, and further
guidance to pilots and to AMEs. The FAA also notes that a modification
for current ICAO Recommended Practice 1.2.6.1.1 (referenced above) is
in the planning stages that would remove language that indicates a
decrease in medical fitness of more than 20 days should be reported.
National Driver Registry Access
At the time of application for FAA medical certification,
individuals must provide express consent to grant the FAA the right to
review their NDR records. This information allows the FAA to check
applicants' driving records for any instances of substance abuse and
dependence disorders which may provide cause for denying a medical
certificate.
The NTSB commented that ``an unintended effect of extending the
time interval between examinations might be to increase the interval
between NDR inquiries.'' The CAMA stated that ``if the examination
frequency is extended to a 60-month period, it would be possible for an
airman to receive a DWI and have it dropped from the NDR database
before presenting for their next required examination.'' The NTSB
indicated that the FAA should ``require policy changes as necessary to
ensure an appropriate frequency of NDR database evaluations that is no
less than currently performed.''
Currently, on Item 20 of FAA Form 8500-8, Application for Airman
Medical Certificate, an applicant gives express consent for FAA to
access his or her NDR records as part of the evaluation for a medical
certificate. Such consent is required by the National Driver Registry
Act, which provides that the FAA's access to the NDR records be made
upon an express request from the medical certificate applicant to
search his or her driving records. With the applicant's consent, the
FAA is authorized to obtain a single, 3-year look-back of the
applicant's driving records. As some commenters noted, adoption of the
proposal to extend the duration of certain medical certificates from 3
to 5 years would result in a situation where the FAA would not obtain
the applicant's NDR records for the first 2 years of the 5-year period
prior to the next application for a medical certificate. This reality,
however, is not sufficiently problematic to justify abandoning the
proposal for a number of reasons.
First and most importantly, the medical certification process,
including the duration of a medical certificate to engage in specific
aviation activities, should be based on appropriate medical information
and judgment, not on the availability of a particular compliance tool
to cross-match information.
Second, even as a compliance tool, NDR access does not cover all
piloting activities. Glider and balloon piloting, as well as operation
of an ultralight vehicle under 14 CFR Part 103, do not require medical
certification, and thus there is no NDR access undertaken. Similarly,
sport piloting does not require a medical certificate if an individual
chooses to use a U.S. driver's license as a medical qualification.
Third, current regulations obligate pilots to provide the FAA with
a written report of any motor vehicle action within 60 days of the
action. This includes any conviction related to the operation of a
motor vehicle while intoxicated or impaired by alcohol or a drug, as
well as any action taken by the State to cancel, suspend, or revoke a
license to operate a motor vehicle based on intoxication or impairment.
As required under long-standing Sec. 61.15(e) reporting
requirements, all medical certificate holders must provide ``a written
report of each motor vehicle action to the FAA.'' The intent of this
requirement is explained in detail to pilots under ``Frequently Asked
Questions'' on the FAA Web site. All pilots must send a Notification
Letter to the FAA's Security and Investigations Division within 60
calendar days of the effective date of an alcohol-related conviction or
administrative action. Each event, conviction, or administrative
action, requires a separate Notification Letter.
The inability to reach back to the fourth and fifth year of the
prior 5-year period through the NDR would have an impact only if the
individual had violated the reporting requirements. The failure to have
reported the information to the FAA would itself be a violation that
could lead to the suspension or revocation of the individual's pilot
certificate. Thus, there are substantial incentives to provide the
information.
Fourth, the FAA is considering seeking a statutory change to permit
a 5-year access period through the NDR. At the time of the original
statute in the late 1980s that gave the FAA a 3-year period of access
to the NDR, the period authorized exceeded the duration of all classes
of medical certificates issued by the FAA. Later legislative action
under the Pilot Records Improvement Act of 1996 authorized a 5-year
access to the NDR in the context of air carrier operations. In light of
the change to the duration of certain medical certificates made by this
final rule, the FAA believes a corresponding change to NDR access would
receive substantial support by the Congress.
Unintended Effects of Amending Sec. 61.23(d): Medical Certificates:
Requirement and Duration
Some commenters requested clarification regarding the intent of the
regulatory language in the proposed Sec. 61.23(d) table.
The National Air Transport Association (NATA) commented that the
proposal indicates the specified period of duration on a medical
certificate is applied ``from the date of examination.'' According to
NATA, however, in some cases the medical certificate is not issued on
the same day as the examination. The medical certificate may be issued
at a later date after further review is conducted. NATA stated that
duration should be calculated from the date of issuance, not the date
of examination. ``This is currently how expiration dates are typically
determined, although it is not specified in the regulations.''
According to another commenter: ``for some pilots around age 40,
the proposed rules actually reduce the duration of some medical
certificates and increase the burden of compliance.'' The commenter
indicated that, under existing Sec. 61.23(d), the age at examination
sets duration while under proposed Sec. 61.23(d), the age at operation
sets duration. The commenter interpreted this to mean that ``a medical
used for third-class operations that is obtained shortly before the
40th birthday will expire in 24 months under the proposed rules instead
of 36 months under the existing rules.'' He stated: ``For example, a
pilot born June 1, 1965, gets a third-class medical on May 15, 2005.
Under the current rule, this
[[Page 43062]]
expires on May 31, 2008, but under the proposed rule, the expiration
date will be May 31, 2007.''
One commenter indicated that the second column of the proposed
table for Sec. 61.23(d) is confusing and suggested that it be modified
to read ``And you are at the date of the examination'' rather than
``And you are.''
The FAA's intent on the duration of medical certificates has not
changed. As specified in the preamble to the proposal, these standards
are applied ``according to the date of examination placed on the
medical certificate and in accordance with duration periods specified
under Sec. 61.23(d).'' An FAA medical certificate lists only a ``Date
of Examination,'' not a date of issuance and duration standards are
applied according to the date of examination placed on the medical
certificate unless otherwise limited, as indicated under the section of
the certificate entitled ``Limitations.'' Each medical certificate must
bear the same date as the date of medical examination regardless of the
date the certificate is actually issued. To respond to commenters, the
FAA has revised the Sec. 61.23(d) table to better clarify its intent.
The new duration periods will be effective the day this rule is
published and will affect current medical certificates holders. First-
and third-class medical certificate holders, who were under age 40 on
the date of the application of their medical certificate, will be
covered by the new, longer durations established under Sec. 61.23(d).
To determine the duration of one's medical certificate, one should
examine two pertinent dates displayed on each medical certificate: The
date of the applicant's birth, which determines the applicant's age at
the time of the application, and the date of the applicant's medical
examination. This means, for example, if you were under age 40 at the
time of the application and you hold a first-class medical certificate
with a date of examination dating back 5 months prior to the adoption
of this provision of the final rule, then your medical certificate for
airline transport pilot operations will expire according to the new
annual standard and not the current 6-month standard. Using another
example, if you were under age 40 at the time of the application and
you hold a third-class medical certificate, then your medical
certificate for private or recreational operations will expire
according to the new 5-year standard and not the current 3-year
standard. Affected first- and third-class medical certificate holders
must look at the date of examination on their existing medical
certificate and recalculate duration as set forth under new Sec.
61.23(d).
In addition, it should be noted that the ``Conditions of Issue'' on
the reverse side of the existing medical certificate (FAA Form 8500-9)
for affected first- and third-class medical certificate holders no
longer will be accurate for certain medical certificate holders once
this rule becomes effective because existing Sec. 61.23 duration
standards are referenced. The FAA will be using new medical
certificates with updated ``Conditions of Issue'' on the reverse side
of the medical certificate following rule issuance. Until such time as
you renew your medical certificate, therefore, you should be aware of
these outdated ``Conditions of Issue'' on the reverse side of your
existing medical certificate. You should carry a copy of the new
duration standards with you when you fly, especially if you fly
internationally, in order to demonstrate that the duration of your
existing medical certificate is in compliance with new FAA medical
certificate duration standards.
Duration of a Medical Certificate When Exercising Sport Pilot
Privileges (When You Choose To Medically Qualify With an FAA Medical
Certificate Rather Than a U.S. Driver's License)
A commenter indicated that proposed and existing Sec. 61.23(d) do
not address individuals who may choose to hold a medical certificate
rather than use their U.S. driver's license to medically qualify to
exercise sport pilot privileges. This commenter holds a first-class
medical certificate and will soon stop flying professionally. He plans
to maintain a current FAA first-class medical certificate but will be
exercising sport pilot privileges only. This commenter requested that
the FAA clarify in the final rule the intended duration period of a
medical certificate when used as medical qualification to exercise
sport pilot privileges rather than a U.S. driver's license.
The FAA believes that the comment has merit and has adjusted Sec.
61.23(d) accordingly.
Comments Beyond the Scope of the Notice
The FAA received comments requesting changes beyond what was
proposed. One commenter requested extended duration on a second-class
medical certificate and others suggested extended duration for
individuals over, as well as under, age 40. Further, some commenters
asked that recreational pilots be allowed to medically qualify using a
U.S. driver's license in lieu of an FAA medical certificate.
All these proposed changes are beyond the scope of the proposal.
Existing U.S. medical certificate duration standards for commercial
pilots under age 40 in a multi-crew setting currently are the same as
the ICAO standards; therefore, the FAA did not propose a change to FAA
second-class medical certificate duration standards. Proposing or
adopting such a change would create a difference with existing
international standard. The FAA proposed to extend duration and limit
it to under-age-40 individuals for the same reason. Extending the
duration any further would put the United States out of compliance with
international standards, and we have no experience or basis to support
doing so at this time. Today's action is based, in part, on
international experience and on 10 years of FAA experience with
extended duration on third-class medical certificates (from 2 years to
3 years) for individuals under age 40.
The FAA proposal did not address, or propose to amend, standards
for recreational pilots other than, for certain pilots, the duration of
a third-class medical certificate, required when exercising
recreational pilot privileges. The only pilots currently allowed to
medically qualify using a U.S. driver's license are sport pilots. The
FAA did not find cause during sport pilot rulemaking deliberations, and
at this time does not have sufficient experience certificating sport
pilots, to reconsider the third-class medical certificate standard for
the exercise of recreational pilot privileges.
Related Activity
Student Pilot Certificate Duration
On February 7, 2007, the FAA issued a proposal that would amend, in
part, existing Sec. 61.19(b) to extend the duration of a student pilot
certificate from 24 months to 36 months for individuals under age 40
[72 FR 5806]. Subsequently this proposed action was issued to extend
the duration of medical certificates. The FAA received comments to both
proposals that support extending the duration of a student pilot
certificate. The FAA will take these comments into consideration and
dispose of them in the final rule that will address the February 7,
2007 proposal.
ICAO Audit
ICAO, the aviation wing of the United Nations, audited the United
States Government's civil aviation safety oversight system from
November 5-19, 2007, as part of the Universal Safety Oversight Audit
Program (USOAP). The
[[Page 43063]]
ICAO USOAP teams assess whether a signatory state meets international
aviation standards. The audit is very comprehensive and part of the
focus is on licensing systems and keeping them aligned with
international aviation standards.
ICAO findings for many signatory states, including the United
States, have revealed a need to revise licensing systems to ensure
conformance with ICAO Standards and Recommended Practices.
Specifically, ICAO recommends endorsements on licenses for any person
holding a license who does not satisfy in full the conditions set forth
in international standards. These individuals must have endorsed on or
attached to their license a complete enumeration of the particulars in
which they do not satisfy such conditions.
In order to comply with our international obligations to ICAO, the
FAA has determined that affected persons, those who have been granted
an Authorization for Special Issuance of a Medical Certificate
(Authorization) or a Statement of Demonstrated Ability (SODA) must
carry their Authorization or SODA with them when exercising pilot
privileges. In order to satisfy this ICAO obligation, the FAA has
amended existing Sec. 67.401(j) accordingly.
Paperwork Reduction Act
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA submitted a copy of the amended information
collection requirements in this final rule to the Office of Management
and Budget for its review. The paperwork burdens and cost impact
associated with revising, reprinting, and re-distributing this form, as
described in the proposal, have been addressed and no longer apply as a
cost of the rule. OMB approved the collection of this information and
assigned OMB Control Number 2120-0034.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Recommended Practices to the maximum extent practicable.
The intent of this final rule, in part, is to come into compliance with
existing ICAO medical assessment duration standards. Therefore, this
final rule will not create any differences with ICAO.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade 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 proposed 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.
This rule extends the duration of first- and third-class medical
certificates for certain individuals. A first-class medical certificate
is required when exercising airline transport pilot privileges and at
least a third-class medical certificate when exercising private pilot
privileges. Certain conforming amendments to medical certification
procedures and some general editorial amendments also are adopted. The
intent of this action is to improve the efficiency of the medical
certification program and service provided to medical certificate
applicants. Over 10 years, this final rule is estimated to generate
$91.7 million ($68.9 million, discounted) of cost-savings.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) (Pub. L. 96-354)
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 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.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule will not impact small entities. It will impact
primarily first- and third-class medical certificate holders who are
expected to save about $300.00 each time that they do not have to renew
their medical certificates. Consequently, as the Acting Administrator
of the Federal Aviation Administration, I certify that the rule will
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary
[[Page 43064]]
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. 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 has determined that it will have only a domestic impact and
therefore no effect on international trade.
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
(adjusted annually for inflation with the base year 1995) 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 $136.1 million in lieu of $100 million. This final rule does not
contain such a mandate. The requirements of title II do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, does not have federalism implications.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at https://www.faa.gov/regulations_policies/rulemaking/
sbre_act/.
Good Cause for Immediate Adoption of Sec. 61.23(d)
Section 553(d) of the Administrative Procedures Act requires that
rules become effective no less than 30 days after their issuance.
Paragraph (d)(1) allows an agency to make a rule effective immediately,
however, if the agency provides good cause for immediate adoption. The
FAA finds that good cause exists for immediate adoption of the
provisions of Sec. 61.23(d) of this final rule. Adopting Sec.
61.23(d) immediately--on the date of publication, rather than 30 days
after issuance--prevents individuals whose medical certificate might
expire within that 30-day interim from having to renew a medical
certificate that otherwise may have remained valid if not for the 30-
day effective date requirement.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation Safety, and Reporting and recordkeeping
requirements.
14 CFR Part 65
Airmen other than flight crewmembers.
14 CFR Part 67
Aircraft, Airmen, Alcohol abuse, Drug abuse, Recreation and
recreation areas, Reporting and recordkeeping requirements.
14 CFR Part 183
Aircraft, Airmen, Authority delegations (Government agencies),
Reporting and recordkeeping requirements.
The Amendment
0
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 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
2. Amend Sec. 61.23 by revising paragraph (d)(1) to read as follows:
Sec. 61.23 Medical certificates: Requirement and duration.
* * * * *
(d) Duration of a medical certificate. (1) Use the following table
to determine duration for each class of medical certificate:
----------------------------------------------------------------------------------------------------------------
Then your medical
And on the date of certificate expires, for
If you hold examination for your And you are conducting an that operation, at the
most recent medical operation requiring end of the last day of
certificate you were the
----------------------------------------------------------------------------------------------------------------
(i) A first-class medical (A) Under age 40..... an airline transport pilot 12th month after the
certificate. certificate. month of the date of
examination shown on the
medical certificate.
(B) Age 40 or older.. an airline transport pilot 6th month after the month
certificate. of the date of
examination shown on the
medical certificate.
(C) Any age.......... a commercial pilot 12th month after the
certificate or an air month of the date of
traffic control tower examination shown on the
operator certificate. medical certificate.
(D) Under age 40..... a recreational pilot 60th month after the
certificate, a private month of the date of
pilot certificate, a examination shown on the
flight instructor medical certificate.
certificate (when acting
as pilot in command or a
required pilot flight
crewmember in operations
other than glider or
balloon), a student pilot
certificate, or a sport
pilot certificate (when
not using a U.S. driver's
license as medical
qualification).
[[Page 43065]]
(E) Age 40 or older.. a recreational pilot 24th month after the
certificate, a private month of the date of
pilot certificate, a examination shown on the
flight instructor medical certificate.
certificate (when acting
as pilot in command or a
required pilot flight
crewmember in operations
other than glider or
balloon), a student pilot
certificate, or a sport
pilot certificate (when
not using a U.S. driver's
license as medical
qualification).
(ii) A second-class medical (A) Any age.......... a commercial pilot 12th month after the
certificate. certificate or an air month of the date of
traffic control tower examination shown on the
operator certificate. medical certificate.
(B) Under age 40..... a recreational pilot 60th month after the
certificate, a private month of the date of
pilot certificate, a examination shown on the
flight instructor medical certificate.
certificate (when acting
as pilot in command or a
required pilot flight
crewmember in operations
other than glider or
balloon), a student pilot
certificate, or a sport
pilot certificate (when
not using a U.S. driver's
license as medical
qualification).
(C) Age 40 or older.. a recreational pilot 24th month after the
certificate, a private month of the date of
pilot certificate, a examination shown on the
flight instructor medical certificate.
certificate (when acting
as pilot in command or a
required pilot flight
crewmember in operations
other than glider or
balloon), a student pilot
certificate, or a sport
pilot certificate (when
not using a U.S. driver's
license as medical
qualification).
(iii) A third-class medical (A) Under age 40..... a recreational pilot 60th month after the
certificate. certificate, a private month of the date of
pilot certificate, a examination shown on the
flight instructor medical certificate.
certificate (when acting
as pilot in command or a
required pilot flight
crewmember in operations
other than glider or
balloon), a student pilot
certificate, or a sport
pilot certificate (when
not using a U.S. driver's
license as medical
qualification).
(B) Age 40 or older.. a recreational pilot 24th month after the
certificate, a private month of the date of
pilot certificate, a examination shown on the
flight instructor medical certificate.
certificate (when acting
as pilot in command or a
required pilot flight
crewmember in operations
other than glider or
balloon), a student pilot
certificate, or a sport
pilot certificate (when
not using a U.S. driver's
license as medical
qualification).
----------------------------------------------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 61.29 by revising paragraph (b) to read as follows:
Sec. 61.29 Replacement of a lost or destroyed airman or medical
certificate or knowledge test report.
* * * * *
(b) A request for the replacement of a lost or destroyed medical
certificate must be made by letter to the Department of Transportation,
FAA, Aerospace Medical Certification Division, P.O. Box 26200, Oklahoma
City, OK 73125, and must be accompanied by a check or money order for
the appropriate fee payable to the FAA.
* * * * *
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
4. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
5. Amend Sec. 65.16 by revising paragraph (c) introductory text to
read as follows:
Sec. 65.16 Change of name: Replacement of lost or destroyed
certificate.
* * * * *
(c) An application for a replacement of a lost or destroyed medical
certificate is made by letter to the Department of Transportation,
Federal Aviation Administration, Aerospace Medical Certification
Division, Post Office Box 26200, Oklahoma City, OK 73125, accompanied
by a check or money order for $2.00.
* * * * *
PART 67--MEDICAL STANDARDS AND CERTIFICATION
0
6. The authority citation for part 67 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
0
7. Revise Sec. 67.3 to read as follows:
Sec. 67.3 Issue.
A person who meets the medical standards prescribed in this part,
based on medical examination and evaluation of the person's history and
condition, is entitled to an appropriate medical certificate.
0
8. Add Sec. 67.4 to read as follows:
[[Page 43066]]
Sec. 67.4 Application.
An applicant for first-, second- and third-class medical
certification must:
(a) Apply on a form and in a manner prescribed by the
Administrator;
(b) Be examined by an aviation medical examiner designated in
accordance with part 183 of this chapter. An applicant may obtain a
list of aviation medical examiners from the FAA Office of Aerospace
Medicine homepage on the FAA Web site, from any FAA Regional Flight
Surgeon, or by contacting the Manager of the Aerospace Medical
Education Division, P.O. Box 26200, Oklahoma City, Oklahoma 73125.
(c) Show proof of age and identity by presenting a government-
issued photo identification (such as a valid U.S. driver's license,
identification card issued by a driver's license authority, military
identification, or passport). If an applicant does not have government-
issued identification, he or she may use non-photo, government-issued
identification (such as a birth certificate or voter registration card)
in conjunction with photo identification (such as a work identification
card or a student identification card).
0
9. Amend Sec. 67.401 by revising paragraph (j) to read as follows:
Sec. 67.401 Special issuance of medical certificates.
* * * * *
(j) An Authorization or SODA granted under the provisions of this
section to a person who does not meet the applicable provisions of
subparts B, C, or D of this part must be in that person's physical
possession or readily accessible in the aircraft.
0
10. Revise Sec. 67.405 to read as follows:
Sec. 67.405 Medical examinations: Who may perform?
(a) First-class. Any aviation medical examiner who is specifically
designated for the purpose may perform examinations for the first-class
medical certificate.
(b) Second- and third-class. Any aviation medical examiner may
perform examinations for the second-or third-class medical certificate.
Sec. 67.411 [Removed and Reserved]
0
11. Remove and reserve Sec. 67.411.
0
12. Revise Sec. 67.413 to read as follows:
Sec. 67.413 Medical records.
(a) Whenever the Administrator finds that additional medical
information or history is necessary to determine whether you meet the
medical standards required to hold a medical certificate, you must:
(1) Furnish that information to the FAA; or
(2) Authorize any clinic, hospital, physician, or other person to
release to the FAA all available information or records concerning that
history.
(b) If you fail to provide the requested medical information or
history or to authorize its release, the FAA may suspend, modify, or
revoke your medical certificate or, in the case of an applicant, deny
the application for a medical certificate.
(c) If your medical certificate is suspended, modified, or revoked
under paragraph (b) of this section, that suspension or modification
remains in effect until you provide the requested information, history,
or authorization to the FAA and until the FAA determines that you meet
the medical standards set forth in this part.
PART 183--REPRESENTATIVES OF THE ADMINISTRATOR
0
13. The authority citation for part 183 continues to read as follows:
Authority: 31 U.S.C. 9701; 49 U.S.C. 106(g), 40113, 44702,
44721, 45303.
0
14. Amend Sec. 183.11 by revising paragraph (a) to read as follows:
Sec. 183.11 Selection.
(a) The Federal Air Surgeon, or his or her authorized
representatives within the FAA, may select Aviation Medical Examiners
from qualified physicians who apply. In addition, the Federal Air
Surgeon may designate qualified forensic pathologists to assist in the
medical investigation of aircraft accidents.
* * * * *
0
15. Revise Sec. 183.15 to read as follows:
Sec. 183.15 Duration of certificates.
(a) Unless sooner terminated under paragraph (b) of this section, a
designation as an Aviation Medical Examiner or as a Flight Standards or
Aircraft Certification Service Designated Representative as described
in Sec. Sec. 183.21, 183.23, 183.25, 183.27, 183.29, 183.31, or 183.33
is effective until the expiration date shown on the document granting
the authorization.
(b) A designation made under this subpart terminates:
(1) Upon the written request of the representative;
(2) Upon the written request of the employer in any case in which
the recommendation of the employer is required for the designation;
(3) Upon the representative being separated from the employment of
the employer who recommended him or her for certification;
(4) Upon a finding by the Administrator that the representative has
not properly performed his or her duties under the designation;
(5) Upon the assistance of the representative being no longer
needed by the Administrator; or
(6) For any reason the Administrator considers appropriate.
Issued in Washington, DC, on July 10, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-16911 Filed 7-23-08; 8:45 am]
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