Modification of Certain Medical Standards and Procedures and Duration of Certain Medical Certificates, 43059-43066 [E8-16911]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[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]]

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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.

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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

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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.

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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 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

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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 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

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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 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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