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14 CFR Ch. I (1–1–24 Edition) 

§ 67.315 

(c) No medication or other treatment 

that the Federal Air Surgeon, based on 
the case history and appropriate, quali-
fied medical judgment relating to the 
medication or other treatment in-
volved, finds— 

(1) Makes the person unable to safely 

perform the duties or exercise the 
privileges of the airman certificate ap-
plied for or held; or 

(2) May reasonably be expected, for 

the maximum duration of the airman 
medical certificate applied for or held, 
to make the person unable to perform 
those duties or exercise those privi-
leges. 

§ 67.315

Discretionary issuance. 

A person who does not meet the pro-

visions of §§ 67.303 through 67.313 may 
apply for the discretionary issuance of 
a certificate under § 67.401. 

Subpart E—Certification 

Procedures 

§ 67.401

Special issuance of medical 

certificates. 

(a) At the discretion of the Federal 

Air Surgeon, an Authorization for Spe-
cial Issuance of a Medical Certificate 
(Authorization), valid for a specified 
period, may be granted to a person who 
does not meet the provisions of sub-
parts B, C, or D of this part if the per-
son shows to the satisfaction of the 
Federal Air Surgeon that the duties 
authorized by the class of medical cer-
tificate applied for can be performed 
without endangering public safety dur-
ing the period in which the Authoriza-
tion would be in force. The Federal Air 
Surgeon may authorize a special med-
ical flight test, practical test, or med-
ical evaluation for this purpose. A med-
ical certificate of the appropriate class 
may be issued to a person who does not 
meet the provisions of subparts B, C, or 
D of this part if that person possesses a 
valid Authorization and is otherwise 
eligible. An airman medical certificate 
issued in accordance with this section 
shall expire no later than the end of 
the validity period or upon the with-
drawal of the Authorization upon 
which it is based. At the end of its 
specified validity period, for grant of a 
new Authorization, the person must 
again show to the satisfaction of the 

Federal Air Surgeon that the duties 
authorized by the class of medical cer-
tificate applied for can be performed 
without endangering public safety dur-
ing the period in which the Authoriza-
tion would be in force. 

(b) At the discretion of the Federal 

Air Surgeon, a Statement of Dem-
onstrated Ability (SODA) may be 
granted, instead of an Authorization, 
to a person whose disqualifying condi-
tion is static or nonprogressive and 
who has been found capable of per-
forming airman duties without endan-
gering public safety. A SODA does not 
expire and authorizes a designated 
aviation medical examiner to issue a 
medical certificate of a specified class 
if the examiner finds that the condi-
tion described on its face has not ad-
versely changed. 

(c) In granting an Authorization or 

SODA, the Federal Air Surgeon may 
consider the person’s operational expe-
rience and any medical facts that may 
affect the ability of the person to per-
form airman duties including— 

(1) The combined effect on the person 

of failure to meet more than one re-
quirement of this part; and 

(2) The prognosis derived from profes-

sional consideration of all available in-
formation regarding the person. 

(d) In granting an Authorization or 

SODA under this section, the Federal 
Air Surgeon specifies the class of med-
ical certificate authorized to be issued 
and may do any or all of the following: 

(1) Limit the duration of an Author-

ization; 

(2) Condition the granting of a new 

Authorization on the results of subse-
quent medical tests, examinations, or 
evaluations; 

(3) State on the Authorization or 

SODA, and any medical certificate 
based upon it, any operational limita-
tion needed for safety; or 

(4) Condition the continued effect of 

an Authorization or SODA, and any 
second- or third-class medical certifi-
cate based upon it, on compliance with 
a statement of functional limitations 
issued to the person in coordination 
with the Director of Flight Standards 
or the Director’s designee. 

(e) In determining whether an Au-

thorization or SODA should be granted 

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