Compliance and Enforcement Bulletin No. 2010-1, 17200-17202 [2010-7658]

Download as PDF 17200 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices be obtained by accessing its Internet Web site (http://www.ustr.gov). Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. 2010–7513 Filed 4–2–10; 8:45 am] BILLING CODE 3190–W0–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–103 (Sub-No. 22X)] jlentini on DSKJ8SOYB1PROD with NOTICES The Kansas City Southern Railway Company—Abandonment Exemption— in East Feliciana Parish, LA The Kansas City Southern Railway Company (KCSR) filed a notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments to abandon a 1.63-mile line of railroad extending from milepost D–202.70 to milepost D–204.33, in East Feliciana Parish, LA. The line traverses United States Postal Service Zip Code 70748. KCSR has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) there is no overhead traffic on the line that has been or would need to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Board or with any U.S. District Court or has been decided in favor of complainant within the 2year period; and (4) the requirements at 49 CFR 1105.7 (environmental report), 49 CFR 1105.8 (historic report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on or after May 5, 2010, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the VerDate Nov<24>2008 16:35 Apr 02, 2010 Jkt 220001 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by April 15, 2010. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by April 26, 2010, with: Surface Transportation Board, 395 E Street, SW., Washington, DC 20423– 0001. A copy of any petition filed with the Board should be sent to KCSR’s representative: Robert A. Wimbish, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037. If the verified notice contains false or misleading information, the exemption is void ab initio. KCSR has filed environmental and historic reports which address the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by April 9, 2010. Interested persons may obtain a copy of the EA by writing to SEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1– 800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), KCSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by KCSR’s filing of a notice of consummation by April 5, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at http:// www.stb.dot.gov. Decided: March 29, 2010. exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,500. See 49 CFR 1002.2(f)(25). PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2010–7377 Filed 4–2–10; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Compliance and Enforcement Bulletin No. 2010–1 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of enforcement policy. SUMMARY: This notice announces a limited program to forgo enforcement action for persons who disclose before September 30, 2010, previous falsification on applications for airman medical certification regarding the use of antidepressant medication, the underlying condition for which the antidepressant was prescribed, and visits to health professionals in connection with the antidepressant use or underlying condition. DATES: Effective Dates: Effective date April 5, 2010. This Notice is issued simultaneously with ‘‘Special Issuance Medical Certificates to Applicants Being Treated with Certain Types of Antidepressants,’’ [Docket No. FAA– 2009–0773]. FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division, FAA Office of the Chief Counsel, 800 Independence Avenue, SW., Washington, DC 20591; 202–267–7721; e-mail address; susan.caron@faa.gov. SUPPLEMENTARY INFORMATION: Background Compliance and Enforcement Bulletin 2010–1, which amends FAA Order 2150.3B, Compliance and Enforcement Programs, is being issued in connection with FAA policy statement, ‘‘Special Issuance Medical Certificates to Applicants Being Treated with Certain Types of Antidepressants,’’ [Docket No. FAA–2009–0773]. The Bulletin is intended to encourage airmen to make a complete disclosure regarding a history of or current use of antidepressant medications, the underlying condition for which the antidepressant medication was prescribed, and associated visits to health professionals so that they can be considered for special issuance medical certification under the new policy on the use of certain antidepressants. Under the terms of Bulletin 2010–1, the FAA will not initiate legal enforcement E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices action against applicants for violations of 14 CFR 67.403 regarding past medical applications if the applicant discloses a history of antidepressant use, the underlying condition for which the medication was prescribed, and visits to health professionals in connection with the antidepressant use or underlying condition on an application for medical certification made between April 5, 2010 and September 30, 2010. jlentini on DSKJ8SOYB1PROD with NOTICES The Notice Compliance and Enforcement Bulletin No. 2010–1 Subject: Forgoing enforcement action for persons who disclose previous falsification on applications for airman medical certification regarding the use of antidepressant medication, the underlying condition for which the antidepressant was prescribed, and visits to health professionals in connection with the antidepressant use or underlying condition. Discussion: This Bulletin is issued in connection with FAA policy statement, ‘‘Special Issuance Medical Certificates to Applicants Being Treated with Certain Types of Antidepressants,’’ [Docket No. FAA–2009–0773], published in the Federal Register on April 5, 2010. In that policy statement, the Federal Air Surgeon reiterates his conclusion that the use of antidepressant medication is disqualifying for airman medical certification under the standards in subparts B, C, or D of 14 CFR part 67 and, therefore, a basis for denial of medical certification for airmen using such medication. Until now, the Federal Air Surgeon generally also has been unwilling to grant the special issuance of airman medical certificates under 14 CFR 67.401 to airmen who take antidepressant medications. In his policy statement, however, the Federal Air Surgeon has announced that he is now prepared to consider, on a case-bycase basis, applicants who take certain antidepressant medications identified in the policy for the special issuance of all classes of medical certification. This change in policy is explained in the Federal Air Surgeon’s policy statement. The Federal Air Surgeon is aware that some airmen who take antidepressant medications may have knowingly concealed their use of the medications on past applications for airman medical certification in order to obtain a medical certificate. Under FAA’s sanction guidance, the ordinary sanction for intentional falsification of an application for airman medical certification, an act prohibited by 14 CFR 67.403, is revocation of the airman’s medical certificate and all VerDate Nov<24>2008 16:35 Apr 02, 2010 Jkt 220001 other airman or ground instructor certificates held by the airman. The FAA wants to encourage airmen to make a complete disclosure regarding a history of or current use of antidepressant medications, the underlying condition for which the antidepressant medication was prescribed, and associated visits to health professionals so that they can be considered for special issuance medical certification. Therefore, the FAA will not initiate legal enforcement action against applicants for violations of 14 CFR 67.403 regarding past medical applications if the applicant discloses a history of antidepressant use, the underlying condition for which the medication was prescribed, and visits to health professionals in connection with the antidepressant use or underlying condition on an application for medical certification made between April 5, 2010 and September 30, 2010. The FAA believes that safety requires that any airman taking antidepressant medication must be properly evaluated, and if appropriate, followed, which can be accomplished through the special issuance certification process. The FAA believes that in the limited circumstances described in this Bulletin, the benefit of facilitating the disclosure of antidepressant use will outweigh any harm to the public interest caused by forgoing FAA enforcement action for falsification. The FAA does not have the authority to offer immunity from criminal prosecution under 18 U.S.C. 1001 for making any materially false, fictitious, or fraudulent statement or entry on the medical application (FAA Form 8500–8) because immunity can only be offered by the Department of Justice (DOJ). However, the FAA and the Department of Transportation’s Office of Inspector General (DOT OIG), the office through which the FAA makes referrals for possible criminal prosecution, have agreed that the FAA will not refer cases of apparent intentional falsification covered by this Bulletin to the DOT OIG for criminal investigation or prosecution. The policy set forth in this Bulletin is limited to disclosure of past and present antidepressant use, the underlying condition for which the antidepressant medication was prescribed, and visits to health professionals in connection with the antidepressant use and underlying condition. It in no way is intended to undermine the FAA’s lack of tolerance for airmen who intentionally falsify applications for airman medical certification. This Bulletin does not provide any protection from enforcement action to individuals who PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 17201 may have falsified other information on FAA Form 8500–8 than that described in this Bulletin. To benefit from the protection offered under this Compliance and Enforcement Bulletin, an airman must surrender for cancellation to the Federal Air Surgeon any current medical certificates. The airman must apply for a medical certificate between April 5, 2010 and midnight on September 30, 2010. On the application, the applicant must disclose his or her complete history of antidepressant use, the underlying condition for which the medication was prescribed, and visits to health professionals in connection with antidepressant use or the underlying condition. If an applicant falsifies any of this information on an application made on or after April 5, 2010, the FAA may take enforcement action based on that application and the previously falsified applications. The protection from FAA enforcement action for intentional falsification provided by this Compliance and Enforcement Bulletin applies to all airmen who meet the requirements of this Bulletin before midnight on September 30, 2010, regardless of whether the Federal Air Surgeon is able to find the applicant qualified for the special issuance of a medical certificate under 14 CFR 67.401. Applicants need to be aware that the special issuance of a medical certificate is a decision made at the discretion of the Federal Air Surgeon to individuals who do not meet the medical standards for an unrestricted certificate under 14 CFR part 67, subparts B, C, and D only when the Federal Air Surgeon finds that the individual can perform the duties authorized by the class of medical certificate applied for without endangering public safety. It is not likely that all applications will result in the issuance of a certificate under section 67.401. The Federal Air Surgeon will consider an airman’s individual medical and psychiatric history and all supporting documentation submitted with the application on a case-by-case basis before determining whether to grant the special issuance of a certificate. If the Federal Air Surgeon finds after completing his assessment that he cannot safely issue an applicant who has complied with the terms of this Compliance and Enforcement Bulletin a special issuance medical certificate, the applicant will receive a final denial letter notifying the applicant that he or she is not qualified under the part 67 medical standards and that a special issuance certificate has also been denied. An airman may petition the National Transportation Safety Board E:\FR\FM\05APN1.SGM 05APN1 17202 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Notices for review of the denial under the part 67 medical standards. A denial of a special issuance certificate may be appealed to an appropriate United States court of appeals. FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division, AGC–300, 800 Independence Avenue, SW., Washington, DC 20591; susan.caron@faa.gov. Issued in Washington, DC, on March 30, 2010. J. Randolph Babbitt, Administrator. [FR Doc. 2010–7658 Filed 4–2–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Cancellation of Environmental Impact Statement: Clackamas County, OR AGENCIES: Federal Highway Administration, Oregon Department of Transportation, and Clackamas County, Oregon. ACTION: Cancellation of notice of intent for Harmony Road EIS. SUMMARY: The FHWA is issuing this notice of cancellation to advise the public that we are no longer lead Federal Agency for preparation of an Environmental Impact Statement (EIS) for the proposed Harmony Road project in Clackamas County, Oregon. This is formal cancellation of the notice of intent that was published in the Federal Register, Volume 72, Number 67, on Monday, April 9, 2007. The project is now cancelled; therefore, no further project activities will occur. FOR FURTHER INFORMATION CONTACT: Michelle Eraut, Environmental Program Manager, Federal Highway Administration, 530 Center Street, NE., Suite 100, Salem, Oregon 97301, Telephone: (503) 587–4716. The notice of intent to prepare an EIS was for proposed improvements to the transportation system in the SE Harmony Road corridor, from SE 82nd Avenue to State Highway 224 (approximately 1.5 miles). The notice of intent to prepare an EIS is rescinded. jlentini on DSKJ8SOYB1PROD with NOTICES SUPPLEMENTARY INFORMATION: Authority: 23 U.S.C. 315. Issued on: March 26, 2010. Michelle Eraut, Environmental Program Manager, Salem, Oregon. [FR Doc. 2010–7589 Filed 4–2–10; 8:45 am] BILLING CODE 4910–22–P VerDate Nov<24>2008 16:35 Apr 02, 2010 Jkt 220001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Proposed Establishment of Long Beach, CA, Class C Airspace Area and Revision of Santa Ana (John Wayne), CA, Class C Airspace Area; Public Meetings AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of public meetings. SUMMARY: This notice announces two fact-finding informal airspace meetings to solicit information from airspace users and others, concerning a proposal to establish Class C airspace at Long Beach, CA, and revise the Santa Ana (John Wayne) Class C airspace area, CA. The purpose of these meetings is to provide interested parties an opportunity to present views, recommendations, and comments on the proposal. All comments received during these meetings will be considered prior to any issuance of a notice of proposed rulemaking. DATES: The informal airspace meetings will be held on Tuesday, June 22, 2010, and Wednesday, June 23, 2010. Meetings will run from 6 p.m. until 9 p.m. Comments must be received on or before July 31, 2010. ADDRESSES: The meetings will be held at the Holiday Inn Hotel (Conference Center) Long Beach Airport, 2640 North Lakewood Blvd., Long Beach, CA 90815. Comments: Send comments on the proposal, in triplicate, to: Clark Desing, Operations Support Group, AJV–W2, Western Service Area, Air Traffic Organization, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA 98057. FOR FURTHER INFORMATION CONTACT: Francie Hope, Operations Support Group, Western Service Area, Air Traffic Organization, Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA 98057; telephone: (425–203–4500). SUPPLEMENTARY INFORMATION: Meeting Procedures (a) The meetings will be informal in nature and will be conducted by one or more representatives of the FAA Western Service Area. A representative from the FAA will present a briefing on the planned Class C airspace areas. Each participant will be given an opportunity to deliver comments or make a presentation, although a time limit may be imposed. Only comments concerning the plan to establish the Long Beach Class C airspace or the revision of Santa PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 Ana (John Wayne), CA, Class C airspace area will be accepted. (b) The meetings will be open to all persons on a space-available basis. There will be no admission fee or other charge to attend and participate. (c) Any person wishing to make a presentation to the FAA panel will be asked to sign in and estimate the amount of time needed for such presentation. This will permit the panel to allocate an appropriate amount of time for each presenter. These meetings will not be adjourned until everyone on the list has had an opportunity to address the panel. (d) Position papers or other handout material relating to the substance of these meetings will be accepted. Participants wishing to submit handout material should present an original and two copies (3 copies total) to the presiding officer. There should be additional copies of each handout available for other attendees. (e) These meetings will not be formally recorded. However, a summary of comments made at the meetings will be filed in the docket. Agenda for the Meetings —Sign-in. —Presentation of Meeting Procedures. —Informal Presentation of the planned Class C Airspace areas. —Public Presentations and Discussions. —Closing Comments. Issued in Washington, DC, on March 31, 2010. Paul Gallant, Acting Manager, Airspace and Rules Group. [FR Doc. 2010–7652 Filed 4–2–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Eighth Meeting: Joint RTCA Special Committee 213: EUROCAE WG–79: Enhanced Flight Vision Systems/ Synthetic Vision Systems (EFVS/SVS) AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Joint RTCA Special Committee 213: EUROCAE WG–79: Enhanced Flight Vision Systems/ Synthetic Vision Systems (EFVS/SVS). SUMMARY: The FAA is issuing this notice to advise the public of a meeting of Joint RTCA Special Committee 213: EUROCAE WG–79: Enhanced Flight Vision Systems/Synthetic Vision Systems (EFVS/SVS). DATES: The meeting will be held April 27–29, 2010. Sign-in: 8:30 a.m. (0830) E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Notices]
[Pages 17200-17202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7658]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Compliance and Enforcement Bulletin No. 2010-1

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of enforcement policy.

-----------------------------------------------------------------------

SUMMARY: This notice announces a limited program to forgo enforcement 
action for persons who disclose before September 30, 2010, previous 
falsification on applications for airman medical certification 
regarding the use of antidepressant medication, the underlying 
condition for which the antidepressant was prescribed, and visits to 
health professionals in connection with the antidepressant use or 
underlying condition.

DATES: Effective Dates: Effective date April 5, 2010. This Notice is 
issued simultaneously with ``Special Issuance Medical Certificates to 
Applicants Being Treated with Certain Types of Antidepressants,'' 
[Docket No. FAA-2009-0773].

FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division, 
FAA Office of the Chief Counsel, 800 Independence Avenue, SW., 
Washington, DC 20591; 202-267-7721; e-mail address; 
susan.caron@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

    Compliance and Enforcement Bulletin 2010-1, which amends FAA Order 
2150.3B, Compliance and Enforcement Programs, is being issued in 
connection with FAA policy statement, ``Special Issuance Medical 
Certificates to Applicants Being Treated with Certain Types of 
Antidepressants,'' [Docket No. FAA-2009-0773]. The Bulletin is intended 
to encourage airmen to make a complete disclosure regarding a history 
of or current use of antidepressant medications, the underlying 
condition for which the antidepressant medication was prescribed, and 
associated visits to health professionals so that they can be 
considered for special issuance medical certification under the new 
policy on the use of certain antidepressants. Under the terms of 
Bulletin 2010-1, the FAA will not initiate legal enforcement

[[Page 17201]]

action against applicants for violations of 14 CFR 67.403 regarding 
past medical applications if the applicant discloses a history of 
antidepressant use, the underlying condition for which the medication 
was prescribed, and visits to health professionals in connection with 
the antidepressant use or underlying condition on an application for 
medical certification made between April 5, 2010 and September 30, 
2010.

The Notice

Compliance and Enforcement Bulletin No. 2010-1

    Subject: Forgoing enforcement action for persons who disclose 
previous falsification on applications for airman medical certification 
regarding the use of antidepressant medication, the underlying 
condition for which the antidepressant was prescribed, and visits to 
health professionals in connection with the antidepressant use or 
underlying condition.
    Discussion: This Bulletin is issued in connection with FAA policy 
statement, ``Special Issuance Medical Certificates to Applicants Being 
Treated with Certain Types of Antidepressants,'' [Docket No. FAA-2009-
0773], published in the Federal Register on April 5, 2010. In that 
policy statement, the Federal Air Surgeon reiterates his conclusion 
that the use of antidepressant medication is disqualifying for airman 
medical certification under the standards in subparts B, C, or D of 14 
CFR part 67 and, therefore, a basis for denial of medical certification 
for airmen using such medication. Until now, the Federal Air Surgeon 
generally also has been unwilling to grant the special issuance of 
airman medical certificates under 14 CFR 67.401 to airmen who take 
antidepressant medications. In his policy statement, however, the 
Federal Air Surgeon has announced that he is now prepared to consider, 
on a case-by-case basis, applicants who take certain antidepressant 
medications identified in the policy for the special issuance of all 
classes of medical certification. This change in policy is explained in 
the Federal Air Surgeon's policy statement.
    The Federal Air Surgeon is aware that some airmen who take 
antidepressant medications may have knowingly concealed their use of 
the medications on past applications for airman medical certification 
in order to obtain a medical certificate. Under FAA's sanction 
guidance, the ordinary sanction for intentional falsification of an 
application for airman medical certification, an act prohibited by 14 
CFR 67.403, is revocation of the airman's medical certificate and all 
other airman or ground instructor certificates held by the airman.
    The FAA wants to encourage airmen to make a complete disclosure 
regarding a history of or current use of antidepressant medications, 
the underlying condition for which the antidepressant medication was 
prescribed, and associated visits to health professionals so that they 
can be considered for special issuance medical certification. 
Therefore, the FAA will not initiate legal enforcement action against 
applicants for violations of 14 CFR 67.403 regarding past medical 
applications if the applicant discloses a history of antidepressant 
use, the underlying condition for which the medication was prescribed, 
and visits to health professionals in connection with the 
antidepressant use or underlying condition on an application for 
medical certification made between April 5, 2010 and September 30, 
2010. The FAA believes that safety requires that any airman taking 
antidepressant medication must be properly evaluated, and if 
appropriate, followed, which can be accomplished through the special 
issuance certification process. The FAA believes that in the limited 
circumstances described in this Bulletin, the benefit of facilitating 
the disclosure of antidepressant use will outweigh any harm to the 
public interest caused by forgoing FAA enforcement action for 
falsification.
    The FAA does not have the authority to offer immunity from criminal 
prosecution under 18 U.S.C. 1001 for making any materially false, 
fictitious, or fraudulent statement or entry on the medical application 
(FAA Form 8500-8) because immunity can only be offered by the 
Department of Justice (DOJ). However, the FAA and the Department of 
Transportation's Office of Inspector General (DOT OIG), the office 
through which the FAA makes referrals for possible criminal 
prosecution, have agreed that the FAA will not refer cases of apparent 
intentional falsification covered by this Bulletin to the DOT OIG for 
criminal investigation or prosecution.
    The policy set forth in this Bulletin is limited to disclosure of 
past and present antidepressant use, the underlying condition for which 
the antidepressant medication was prescribed, and visits to health 
professionals in connection with the antidepressant use and underlying 
condition. It in no way is intended to undermine the FAA's lack of 
tolerance for airmen who intentionally falsify applications for airman 
medical certification. This Bulletin does not provide any protection 
from enforcement action to individuals who may have falsified other 
information on FAA Form 8500-8 than that described in this Bulletin.
    To benefit from the protection offered under this Compliance and 
Enforcement Bulletin, an airman must surrender for cancellation to the 
Federal Air Surgeon any current medical certificates. The airman must 
apply for a medical certificate between April 5, 2010 and midnight on 
September 30, 2010. On the application, the applicant must disclose his 
or her complete history of antidepressant use, the underlying condition 
for which the medication was prescribed, and visits to health 
professionals in connection with antidepressant use or the underlying 
condition. If an applicant falsifies any of this information on an 
application made on or after April 5, 2010, the FAA may take 
enforcement action based on that application and the previously 
falsified applications.
    The protection from FAA enforcement action for intentional 
falsification provided by this Compliance and Enforcement Bulletin 
applies to all airmen who meet the requirements of this Bulletin before 
midnight on September 30, 2010, regardless of whether the Federal Air 
Surgeon is able to find the applicant qualified for the special 
issuance of a medical certificate under 14 CFR 67.401. Applicants need 
to be aware that the special issuance of a medical certificate is a 
decision made at the discretion of the Federal Air Surgeon to 
individuals who do not meet the medical standards for an unrestricted 
certificate under 14 CFR part 67, subparts B, C, and D only when the 
Federal Air Surgeon finds that the individual can perform the duties 
authorized by the class of medical certificate applied for without 
endangering public safety. It is not likely that all applications will 
result in the issuance of a certificate under section 67.401. The 
Federal Air Surgeon will consider an airman's individual medical and 
psychiatric history and all supporting documentation submitted with the 
application on a case-by-case basis before determining whether to grant 
the special issuance of a certificate. If the Federal Air Surgeon finds 
after completing his assessment that he cannot safely issue an 
applicant who has complied with the terms of this Compliance and 
Enforcement Bulletin a special issuance medical certificate, the 
applicant will receive a final denial letter notifying the applicant 
that he or she is not qualified under the part 67 medical standards and 
that a special issuance certificate has also been denied. An airman may 
petition the National Transportation Safety Board

[[Page 17202]]

for review of the denial under the part 67 medical standards. A denial 
of a special issuance certificate may be appealed to an appropriate 
United States court of appeals.

FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division, 
AGC-300, 800 Independence Avenue, SW., Washington, DC 20591; 
susan.caron@faa.gov.

    Issued in Washington, DC, on March 30, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-7658 Filed 4-2-10; 8:45 am]
BILLING CODE 4910-13-P