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D of this part may be withdrawn, at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withdrawn under paragraph (f) of this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