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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D of this part may be withdrawn, at 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withdrawn under paragraph (f) of this 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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640 

14 CFR Ch. I (1–1–24 Edition) 

§ 67.405 

(3) Denying all applications for med-

ical certification and requests for Au-
thorizations or SODA’s. 

(c) The following may serve as a basis 

for suspending or revoking a medical 
certificate; withdrawing an Authoriza-
tion or SODA; or denying an applica-
tion for a medical certificate or re-
quest for an authorization or SODA: 

(1) An incorrect statement, upon 

which the FAA relied, made in support 
of an application for a medical certifi-
cate or request for an Authorization or 
SODA. 

(2) An incorrect entry, upon which 

the FAA relied, made in any logbook, 
record, or report that is kept, made, or 
used to show compliance with any re-
quirement for a medical certificate or 
an Authorization or SODA. 

§ 67.405

Medical examinations: Who 

may perform? 

(a) 

First-class.  Any aviation medical 

examiner who is specifically designated 
for the purpose may perform examina-
tions for the first-class medical certifi-
cate. 

(b) 

Second- and third-class. Any avia-

tion medical examiner may perform ex-
aminations for the second-or third- 
class medical certificate. 

[Doc. No. FAA–2007–27812, 73 FR 43066, July 
24, 2008] 

§ 67.407

Delegation of authority. 

(a) The authority of the Adminis-

trator under 49 U.S.C. 44703 to issue or 
deny medical certificates is delegated 
to the Federal Air Surgeon to the ex-
tent necessary to— 

(1) Examine applicants for and hold-

ers of medical certificates to determine 
whether they meet applicable medical 
standards; and 

(2) Issue, renew, and deny medical 

certificates, and issue, renew, deny, 
and withdraw Authorizations for Spe-
cial Issuance of a Medical Certificate 
and Statements of Demonstrated Abil-
ity to a person based upon meeting or 
failing to meet applicable medical 
standards. 

(b) Subject to limitations in this 

chapter, the delegated functions of the 
Federal Air Surgeon to examine appli-
cants for and holders of medical certifi-
cates for compliance with applicable 
medical standards and to issue, renew, 

and deny medical certificates are also 
delegated to aviation medical exam-
iners and to authorized representatives 
of the Federal Air Surgeon within the 
FAA. 

(c) The authority of the Adminis-

trator under 49 U.S.C. 44702, to recon-
sider the action of an aviation medical 
examiner is delegated to the Federal 
Air Surgeon; the Manager, 
Aeromedical Certification Division; 
and each Regional Flight Surgeon. 
Where the person does not meet the 
standards of §§ 67.107(b)(3) and (c), 
67.109(b), 67.113(b) and (c), 67.207(b)(3) 
and (c), 67.209(b), 67.213(b) and (c), 
67.307(b)(3) and (c), 67.309(b), or 67.313(b) 
and (c), any action taken under this 
paragraph other than by the Federal 
Air Surgeon is subject to reconsider-
ation by the Federal Air Surgeon. A 
certificate issued by an aviation med-
ical examiner is considered to be af-
firmed as issued unless an FAA official 
named in this paragraph (authorized 
official) reverses that issuance within 
60 days after the date of issuance. How-
ever, if within 60 days after the date of 
issuance an authorized official requests 
the certificate holder to submit addi-
tional medical information, an author-
ized official may reverse the issuance 
within 60 days after receipt of the re-
quested information. 

(d) The authority of the Adminis-

trator under 49 U.S.C. 44709 to re-exam-
ine any civil airman to the extent nec-
essary to determine an airman’s quali-
fication to continue to hold an airman 
medical certificate, is delegated to the 
Federal Air Surgeon and his or her au-
thorized representatives within the 
FAA. 

§ 67.409

Denial of medical certificate. 

(a) Any person who is denied a med-

ical certificate by an aviation medical 
examiner may, within 30 days after the 
date of the denial, apply in writing to 
the Federal Air Surgeon, Attention: 
Manager, Aeromedical Certification 
Division, AAM–300, Federal Aviation 
Administration, P.O. Box 25082, Okla-
homa City, Oklahoma 73126, for recon-
sideration of that denial. If the person 
does not ask for reconsideration during 
the 30-day period after the date of the 
denial, he or she is considered to have 

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