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
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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
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