background image

638 

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 

VerDate Sep<11>2014 

14:00 Mar 14, 2024

Jkt 262047

PO 00000

Frm 00648

Fmt 8010

Sfmt 8010

Q:\14\14V2.TXT

PC31

aworley on LAPBH6H6L3 with DISTILLER

background image

639 

Federal Aviation Administration, DOT 

§ 67.403 

to an applicant for a third-class med-
ical certificate, the Federal Air Sur-
geon considers the freedom of an air-
man, exercising the privileges of a pri-
vate pilot certificate, to accept reason-
able risks to his or her person and 
property that are not acceptable in the 
exercise of commercial or airline trans-
port pilot privileges, and, at the same 
time, considers the need to protect the 
safety of persons and property in other 
aircraft and on the ground. 

(f) An Authorization or SODA grant-

ed under the provisions of this section 
to a person who does not meet the ap-
plicable provisions of subparts B, C, or 
D of this part may be withdrawn, at 
the discretion of the Federal Air Sur-
geon, at any time if— 

(1) There is adverse change in the 

holder’s medical condition; 

(2) The holder fails to comply with a 

statement of functional limitations or 
operational limitations issued as a con-
dition of certification under this sec-
tion; 

(3) Public safety would be endangered 

by the holder’s exercise of airman 
privileges; 

(4) The holder fails to provide med-

ical information reasonably needed by 
the Federal Air Surgeon for certifi-
cation under this section; or 

(5) The holder makes or causes to be 

made a statement or entry that is the 
basis for withdrawal of an Authoriza-
tion or SODA under § 67.403. 

(g) A person who has been granted an 

Authorization or SODA under this sec-
tion based on a special medical flight 
or practical test need not take the test 
again during later physical examina-
tions unless the Federal Air Surgeon 
determines or has reason to believe 
that the physical deficiency has or may 
have degraded to a degree to require 
another special medical flight test or 
practical test. 

(h) The authority of the Federal Air 

Surgeon under this section is also exer-
cised by the Manager, Aeromedical 
Certification Division, and each Re-
gional Flight Surgeon. 

(i) If an Authorization or SODA is 

withdrawn under paragraph (f) of this 
section the following procedures apply: 

(1) The holder of the Authorization or 

SODA will be served a letter of with-

drawal, stating the reason for the ac-
tion; 

(2) By not later than 60 days after the 

service of the letter of withdrawal, the 
holder of the Authorization or SODA 
may request, in writing, that the Fed-
eral Air Surgeon provide for review of 
the decision to withdraw. The request 
for review may be accompanied by sup-
porting medical evidence; 

(3) Within 60 days of receipt of a re-

quest for review, a written final deci-
sion either affirming or reversing the 
decision to withdraw will be issued; 
and 

(4) A medical certificate rendered in-

valid pursuant to a withdrawal, in ac-
cordance with paragraph (a) of this sec-
tion, shall be surrendered to the Ad-
ministrator upon request. 

[Doc. No. 27940, 61 FR 11256, Mar. 19, 1996, as 
amended by Amdt. 67–20, 73 FR 43066, July 24, 
2008; Amdt. 67–21, 77 FR 16668, Mar. 22, 2012] 

§ 67.403

Applications, certificates, 

logbooks, reports, and records: Fal-
sification, reproduction, or alter-
ation; incorrect statements. 

(a) No person may make or cause to 

be made— 

(1) A fraudulent or intentionally false 

statement on any application for a 
medical certificate or on a request for 
any Authorization for Special Issuance 
of a Medical Certificate (Authoriza-
tion) or Statement of Demonstrated 
Ability (SODA) under this part; 

(2) A fraudulent or intentionally false 

entry in any logbook, record, or report 
that is kept, made, or used, to show 
compliance with any requirement for 
any medical certificate or for any Au-
thorization or SODA under this part; 

(3) A reproduction, for fraudulent 

purposes, of any medical certificate 
under this part; or 

(4) An alteration of any medical cer-

tificate under this part. 

(b) The commission by any person of 

an act prohibited under paragraph (a) 
of this section is a basis for— 

(1) Suspending or revoking all air-

man, ground instructor, and medical 
certificates and ratings held by that 
person; 

(2) Withdrawing all Authorizations or 

SODA’s held by that person; and 

VerDate Sep<11>2014 

14:00 Mar 14, 2024

Jkt 262047

PO 00000

Frm 00649

Fmt 8010

Sfmt 8010

Q:\14\14V2.TXT

PC31

aworley on LAPBH6H6L3 with DISTILLER