Preamble Data
Agency: Federal Aviation Administration (FAA), DOT.
Activity: Concluding rule.
SUMMARY: This dominion extends the duration of showtime- and third-course medical certificates for certain individuals. A offset-class medical certificate is required when exercising airline transport pilot privileges and at least a third-class medical document when exercising private pilot privileges. Certain conforming amendments to medical certification procedures and some general editorial amendments are too adopted. The intent of this action is to amend the efficiency of the medical certification program and service provided to medical certificate applicants.
DATES: These amendments become effective August 25, 2008 except for the amendments to Sec. 61.23(d) which get effective on July 24, 2008.
FOR FURTHER Information CONTACT: Judi Citrenbaum, Office of the Federal Air Surgeon, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-9689; email; Judi.M.Citrenbaum@faa.gov.
SUPPLEMENTARY Information:
Authorisation for This Rulemaking
The FAA'south authority to issue rules regarding aviation safe is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Ambassador, including the dominance to issue, rescind, and revise regulations. Subtitle 7, Aviation Programs, describes, in more item, the scope of the agency'south authorisation.
This rulemaking is promulgated nether the authorisation described in Subtitle Seven, Function A, Subpart III, Chapter 447, Sections 44701, 44702 and 44703. Nether Section 44701 the Administrator has the authority to prescribe regulations and minimum standards for practices, methods and procedures necessary for safety in air commerce and national security. Under Section 44702 the Ambassador has the dominance to issue certificates. More than specifically, under Section 44703(b)(C) the Ambassador has the authority to decide terms necessary to ensure safety in air commerce, including terms on the duration of certificates and tests of physical fettle. This rule extends the duration of starting time- and tertiary-class medical certificates for certain individuals in club to improve the efficiency of the medical certification program and service provided to medical certificate applicants, without compromising the safety of air commerce. For this reason, the proposed change is within the telescopic of our authority and is a reasonable and necessary practice of our statutory obligations.
Groundwork
Summary of the Notice of Proposed Rulemaking
Currently, the maximum duration on a start-grade medical certificate is 6 months regardless of historic period and, on a tertiary-form medical certificate, 36 months for individuals nether historic period xl. On April ten, 2007 [72 FR 18092], the FAA proposed to amend Sec. 61.23(d) to extend the duration of first- and tertiary-class medical certificates for individuals nether the age of 40. Commencement-class medical certificates for individuals under historic period 40 would be extended from vi months to one yr and third-course medical certificates for individuals nether the age of 40 would exist extended from three years to 5 years.
The FAA adult this proposal through review of relevant medical literature, its own aeromedical certification information, and blow data. Additionally, the FAA considered the long-standing International Civil Aviation Arrangement (ICAO) standards requiring annual medical certification for airline transport and commercial pilots in multi-crew settings and as well the ICAO standards adopted in November 2005 extending medical duration for individual pilots from ii years to 5 years under the age of xl. These ages and test periods were selected based on current ICAO standards, in consequence since 2005, which have not had an adverse impact on condom, and based on trends with younger applicants indicating no significant increase in undetected pathology betwixt required examinations. Those individuals manifesting conditions that represent a take a chance to safety will keep to be denied certification or, afterward individual evaluation, will continue to be restricted in their flying activities, or examined more thoroughly and frequently, or both. Further, this dominion will continue, and non impact, the long-standing regulatory prohibition in Sec. 61.53 against exercising privileges during periods of medical deficiency.
In addition to extending the duration of starting time- and third-class medical certificates, the FAA also proposed the post-obit pocket-sized, generally editorial, changes: Add New Section Sec. 67.4
To provide more specific management to applicants applying for a medical certificate, including how to locate an Aviation Medical Examiner (AME).
To codify that applicants must fill out a class to employ for a medical certificate and thereby conform part 67 with existing language under Sec. 61.13 that requires pilot certificate applicants to make application ``on a form and in a mode adequate to the Ambassador.''
To codify that applicants must present proof of age and identity for airman medical certification. Better Sec. 183.15
To remove a specific fourth dimension limit for the elapsing of the designation of AMEs. The FAA had done this previously under rulemaking effective in November 2005 but it was made applicative only for designees of the Flight Standards and Shipping Certification Services. This action volition make a consistent standard for all FAA designees, including AMEs, by having elapsing fix at the discretion of the FAA. Edit Sec. Sec. 61.29, 65.xvi, 67.3, 67.401, 67.405, 67.411, 67.413, and 183.xi
Sec. Sec. 61.29 and 65.16: To provide a new P.O. Box for applicants to use when they need a replacement medical certificate or when they need to change their proper noun on a medical certificate. While the current P.O. Box list is valid, the FAA finds that requests sent to this alternate P.O. Box are received more expeditiously thus allowing the FAA to provide better service to applicants. In the proposal the FAA inadvertently amended Sec. 65.16(b) with the new P.O. Box when we intended to amend Sec. 65.16(c). The last rule correctly amends Sec. 65.16(c).
Sec. 67.405: To move sure provisions of this paragraph under new Sec. 67.iv.
Sec. 67.411: To delete this department that addresses war machine flight surgeons on a specific military machine base beingness designated as AMEs. Because the FAA has ceased designating AMEs at particular armed forces installations in favor of designating private military personnel as AMEs (just as it does noncombatant AMEs) the
distinction made in this provision is no longer needed.
Sec. 67.413: To re-format this section to go far easier to read and understand.
Sec. 183.11: To brand an editorial change (revising ``his'' to ``his or her'') to exist consistent with a conforming amendment in Sec. 67.407(d) that says ``his or her.''
Summary of Comments
The FAA received 36 comments to the April ten, 2007 proposal. Commenters generally supported the proposed changes. The National Transportation Prophylactic Board (NTSB) commented as did viii aviation associations including the Aerospace Medical Association, the National Air Transport Association, the Air Line Pilots Clan International, the Shipping Owners and Pilots Clan, the Experimental Aircraft Association, the Civil Aerospace Medical Association (CAMA), the Helicopter Clan International, and the National Business Aviation Association. 1 manufacturer, Cessna Shipping Company, indicated that it appreciated the opportunity to comment but had no specific comment at this fourth dimension.
The remaining comments were from individuals. Amidst these commenters, a few opposed it, including an AME, who indicated that under-age-40 individuals should be examined as ofttimes as over-age- 40 individuals. More than commenters indicated, all the same, that the proposed action is advisable but should exist farther amended, for example, to extend the elapsing of medical certificates for over-age-40 individuals.
Commenters requested specifically that the FAA consider the following for the final rule:
Extend the duration of medical certificates for individuals over historic period 40. (4 comments)
Extend the duration of educatee pilot certificates to 60 months. (one comment)
Extend the duration of 2nd-class medical certificates beyond 12 months. (one comment)
Let a U.S. driver's license as medical qualification in lieu of an FAA medical certificate to exercise recreational pilot privileges. (4 comments)
Develop policy to address the bear upon (at the third-class level) of the 3-year limit on the National Driver Registry (NDR) search in one case the interval between medical applications is extended to 5 years. (2 comments)
Require pilots to report in a timely fashion to the FAA any medical conditions that may develop betwixt examinations. (2 comments)
Develop a more efficient method for medical certificate holders to study changes in medical weather, rather than relying on self-assessment policies during periods of medical deficiency. (ii comments)
Clarify the intent of Sec. 61.23(d) regulatory language with regard to how the proposed duration periods volition be implemented. (3 comments)
Give-and-take of Final Dominion
Analysis of Comments
As noted in a higher place, some commenters requested that the FAA provide relief beyond what was proposed, while others requested that the FAA adopt more than rigid policies, even reporting requirements, to more closely monitor whatever changes in medical qualification status that a medical certificate holder may feel. We have considered the comments and provide our analysis below.
Specific Reporting Requirement
The NTSB suggested that pilots be required to report potentially disqualifying medical atmospheric condition to the FAA in a timely way if such weather develop between examinations. The NTSB referenced international reporting requirement practices, including the ICAO Recommended Practice 1.ii.vi.ane.1, which states the following:
1.two.6.1.1 Recommendation.--License holders should inform the Licensing Potency of confirmed pregnancy or whatsoever decrease in medical fettle of a duration of more than twenty days or which requires continued treatment with prescribed medication or which has required hospital treatment.
It also referenced a requirement of the European Joint Aviation Authorities, JAR FCL iii.040 which states the following: JAR-FCL 3.040 Decrease in Medical Fettle
(c) Holders of medical certificates shall, without undue delay, seek the advice of the AMS, an AMC or an AME when condign enlightened of:
(1) Hospital or dispensary admission for more than 12 hours; or
(two) surgical operation or invasive procedure; or
(3) the regular apply of medication; or
(4) the need for regular apply of correcting lenses.
The CAMA besides suggested that the FAA develop a more than sophisticated system for pilots to report medical atmospheric condition.
The FAA disagrees that a specific reporting requirement is warranted and believes that FAA policy and existing regulation run into the intent of the international standard. Long-continuing FAA regulation (Sec. 61.53) requires that before every flying a airplane pilot should evaluate fettle to wing, not just when the decrease in medical fitness would last more than xx days or when it requires continued treatment. Existing Sec. 61.53 also specifies that medical certificate holders may not exercise pilot privileges if they are ``taking medication or receiving other treatment for a medical status that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation.'' Individuals with a medical certificate who cull to practice pilot privileges are bound by the FAA's disqualifying medical conditions gear up forth under part 67 as they are by whatever decrease in general medical status as fix along nether Sec. 61.53. The provisions of Sec. 61.53 are referenced on the opposite side of the medical document which pilots are required to carry with them at all times when they exercise flight privileges. The ability to certify no known medical weather condition in guild to ensure the safe operation of aircraft is a required, disquisitional component of a airplane pilot'due south flying planning procedures.
Pilot safety brochures, widely disseminated to the pilot customs on our Web site and by our arrangement of approximately 4,000 AMEs across the country, emphasize the importance of skillful decision-making before flying. We have many brochures that provide guidance about bug such as medications, fatigue, vision, and spatial disorientation among many others. Nosotros always advise pilots to cheque with the FAA or their AME if they have any concerns, and to have their private physicians and pharmacists check with their AME if there is any uncertainty about medical status before flying. By way of case, our pilot safety brochure entitled ``Medications and Flying'' emphasizes the importance of fully understanding an existing or underlying medical condition and the potential for adverse reactions or side effects of medications. This brochure advises pilots of the following:
If you lot must take over-the-counter medications:
Read and follow the characterization directions
If the label warns of meaning side furnishings, do not fly subsequently taking the medication until at least ii dosing intervals have passed. For example, if the directions say to take the medication every six hours, expect until at least 12 hours later on the concluding dose to fly.
Call up that you should not fly if the underlying condition that you are treating would make you unsafe if the medication fails to work.
Never fly afterward taking a new medication for the first time.
As with alcohol, medications may impair your ability to fly--even though y'all feel fine.
If you lot have questions about a medication, ask your aviation medical examiner.
When in doubt don't fly.
Calculation a specific reporting requirement for our organization of approximately a one-half one thousand thousand pilots would be difficult to implement and hard to enforce. At that place are no apparent adverse trends that would indicate a demand for a specific reporting requirement. Adding a specific reporting requirement would require further rulemaking, new forms, increased paperwork and recordkeeping requirements, and further guidance to pilots and to AMEs. The FAA also notes that a modification for current ICAO Recommended Exercise 1.2.6.1.1 (referenced to a higher place) is in the planning stages that would remove language that indicates a decrease in medical fitness of more than xx days should be reported.
National Commuter Registry Access
At the time of application for FAA medical certification, individuals must provide express consent to grant the FAA the right to review their NDR records. This information allows the FAA to check applicants' driving records for whatsoever instances of substance abuse and dependence disorders which may provide cause for denying a medical certificate.
The NTSB commented that ``an unintended effect of extending the time interval between examinations might be to increment the interval between NDR inquiries.'' The CAMA stated that ``if the exam frequency is extended to a 60-calendar month menstruum, information technology would be possible for an airman to receive a DWI and accept information technology dropped from the NDR database before presenting for their next required examination.'' The NTSB indicated that the FAA should ``require policy changes as necessary to ensure an advisable frequency of NDR database evaluations that is no less than currently performed.''
Currently, on Particular 20 of FAA Form 8500-8, Awarding for Airman Medical Certificate, an applicant gives express consent for FAA to access his or her NDR records every bit function of the evaluation for a medical certificate. Such consent is required by the National Driver Registry Act, which provides that the FAA's admission to the NDR records be fabricated upon an limited request from the medical certificate applicant to search his or her driving records. With the bidder'south consent, the FAA is authorized to obtain a single, 3-year await-back of the applicant's driving records. Equally some commenters noted, adoption of the proposal to extend the duration of sure medical certificates from 3 to 5 years would result in a situation where the FAA would not obtain the applicant's NDR records for the first 2 years of the 5-year period prior to the adjacent application for a medical document. This reality, however, is not sufficiently problematic to justify abandoning the proposal for a number of reasons.
First and near importantly, the medical certification process, including the duration of a medical certificate to engage in specific aviation activities, should be based on appropriate medical information and judgment, not on the availability of a particular compliance tool to cross-match data.
Second, fifty-fifty equally a compliance tool, NDR access does not comprehend all piloting activities. Glider and airship piloting, as well as operation of an ultralight vehicle under 14 CFR Function 103, do not crave medical certification, and thus at that place is no NDR access undertaken. Similarly, sport piloting does not require a medical certificate if an individual chooses to use a U.South. driver's license as a medical qualification.
Third, current regulations obligate pilots to provide the FAA with a written report of any motor vehicle action inside 60 days of the action. This includes any conviction related to the operation of a motor vehicle while intoxicated or impaired past alcohol or a drug, equally well as any action taken by the State to cancel, suspend, or revoke a license to operate a motor vehicle based on intoxication or harm.
As required under long-standing Sec. 61.fifteen(eastward) reporting requirements, all medical certificate holders must provide ``a written report of each motor vehicle activity to the FAA.'' The intent of this requirement is explained in detail to pilots under ``Oftentimes Asked Questions'' on the FAA Web site. All pilots must send a Notification Alphabetic character to the FAA'south Security and Investigations Division inside 60 calendar days of the effective date of an booze-related confidence or authoritative action. Each event, confidence, or administrative action, requires a separate Notification Letter.
The inability to reach back to the 4th and fifth twelvemonth of the prior 5-twelvemonth menstruation through the NDR would take an bear upon only if the individual had violated the reporting requirements. The failure to have reported the information to the FAA would itself be a violation that could lead to the suspension or revocation of the individual's pilot certificate. Thus, at that place are substantial incentives to provide the information.
Fourth, the FAA is considering seeking a statutory modify to permit a 5-year admission period through the NDR. At the time of the original statute in the tardily 1980s that gave the FAA a iii-year period of admission to the NDR, the menses authorized exceeded the duration of all classes of medical certificates issued past the FAA. Later legislative action nether the Pilot Records Improvement Deed of 1996 authorized a 5-year access to the NDR in the context of air carrier operations. In light of the change to the duration of certain medical certificates made by this final dominion, the FAA believes a respective change to NDR access would receive substantial back up by the Congress.
Unintended Effects of Amending Sec. 61.23(d): Medical Certificates: Requirement and Elapsing
Some commenters requested clarification regarding the intent of the regulatory language in the proposed Sec. 61.23(d) tabular array.
The National Air Transport Clan (NATA) commented that the proposal indicates the specified period of duration on a medical certificate is applied ``from the engagement of examination.'' According to NATA, however, in some cases the medical certificate is not issued on the same mean solar day as the examination. The medical certificate may be issued at a later engagement after further review is conducted. NATA stated that elapsing should be calculated from the date of issuance, non the date of examination. ``This is currently how expiration dates are typically adamant, although it is not specified in the regulations.''
According to another commenter: ``for some pilots around historic period 40, the proposed rules actually reduce the duration of some medical certificates and increase the burden of compliance.'' The commenter indicated that, under existing Sec. 61.23(d), the age at examination sets elapsing while under proposed Sec. 61.23(d), the age at operation sets duration. The commenter interpreted this to mean that ``a medical used for tertiary-class operations that is obtained shortly before the 40th altogether volition expire in 24 months under the proposed rules instead of 36 months under the existing rules.'' He stated: ``For example, a pilot born June 1, 1965, gets a third-grade medical on May 15, 2005. Under the electric current rule, this expires on May 31, 2008, just under the proposed dominion, the expiration date will exist May 31, 2007.''
One commenter indicated that the second column of the proposed table for Sec. 61.23(d) is confusing and suggested that information technology be modified to read ``And you are at the engagement of the examination'' rather than ``And you are.''
The FAA's intent on the elapsing of medical certificates has not inverse. Equally specified in the preamble to the proposal, these standards are applied ``according to the date of examination placed on the medical certificate and in accordance with duration periods specified nether Sec. 61.23(d).'' An FAA medical document lists merely a ``Date of Examination,'' not a date of issuance and elapsing standards are applied according to the engagement of examination placed on the medical certificate unless otherwise limited, every bit indicated under the section of the certificate entitled ``Limitations.'' Each medical document must behave the same date as the date of medical examination regardless of the date the certificate is really issued. To respond to commenters, the FAA has revised the Sec. 61.23(d) table to ameliorate analyze its intent.
The new elapsing periods will exist effective the day this rule is published and will affect electric current medical certificates holders. First- and third-class medical certificate holders, who were under age 40 on the date of the application of their medical document, volition exist covered past the new, longer durations established under Sec. 61.23(d). To determine the duration of one's medical certificate, one should examine two pertinent dates displayed on each medical document: The date of the applicant's birth, which determines the applicant'southward age at the time of the application, and the date of the applicant's medical examination. This ways, for example, if yous were nether age xl at the time of the application and yous hold a commencement-class medical certificate with a date of examination dating back five months prior to the adoption of this provision of the last dominion, then your medical certificate for airline ship pilot operations will expire according to the new annual standard and not the current 6-month standard. Using another example, if you were under age twoscore at the time of the application and yous hold a third-form medical certificate, then your medical certificate for private or recreational operations will expire co-ordinate to the new v-year standard and not the electric current 3-twelvemonth standard. Afflicted first- and third-form medical document holders must expect at the date of test on their existing medical certificate and recalculate duration as set forth under new Sec. 61.23(d).
In addition, it should exist noted that the ``Weather of Issue'' on the opposite side of the existing medical certificate (FAA Form 8500-ix) for affected first- and third-class medical certificate holders no longer volition be accurate for certain medical certificate holders one time this rule becomes effective because existing Sec. 61.23 elapsing standards are referenced. The FAA volition exist using new medical certificates with updated ``Conditions of Upshot'' on the reverse side of the medical certificate post-obit dominion issuance. Until such time every bit yous renew your medical certificate, therefore, y'all should exist enlightened of these outdated ``Conditions of Issue'' on the reverse side of your existing medical certificate. You should carry a copy of the new elapsing standards with you when you fly, specially if you fly internationally, in order to demonstrate that the elapsing of your existing medical document is in compliance with new FAA medical certificate elapsing standards.
Duration of a Medical Certificate When Exercising Sport Pilot Privileges (When Y'all Choose To Medically Qualify With an FAA Medical Certificate Rather Than a U.South. Driver's License)
A commenter indicated that proposed and existing Sec. 61.23(d) practise not accost individuals who may choose to agree a medical document rather than utilise their U.S. driver's license to medically qualify to exercise sport pilot privileges. This commenter holds a excellent medical certificate and volition soon terminate flying professionally. He plans to maintain a current FAA first-class medical certificate merely will be exercising sport pilot privileges only. This commenter requested that the FAA clarify in the final rule the intended duration period of a medical certificate when used as medical qualification to do sport airplane pilot privileges rather than a U.Southward. driver's license.
The FAA believes that the comment has merit and has adjusted Sec. 61.23(d) accordingly.
Comments Beyond the Scope of the Notice
The FAA received comments requesting changes beyond what was proposed. 1 commenter requested extended elapsing on a 2nd-class medical certificate and others suggested extended duration for individuals over, as well equally nether, age 40. Further, some commenters asked that recreational pilots be allowed to medically authorize using a U.S. driver's license in lieu of an FAA medical certificate.
All these proposed changes are beyond the scope of the proposal.
Existing U.S. medical certificate elapsing standards for commercial pilots under age 40 in a multi-coiffure setting currently are the aforementioned equally the ICAO standards; therefore, the FAA did not suggest a modify to FAA 2d-class medical document duration standards. Proposing or adopting such a alter would create a difference with existing international standard. The FAA proposed to extend duration and limit it to under-historic period-40 individuals for the same reason. Extending the elapsing whatsoever further would put the United States out of compliance with international standards, and we have no feel or basis to support doing so at this time. Today'southward action is based, in role, on international experience and on 10 years of FAA feel with extended duration on third-class medical certificates (from 2 years to iii years) for individuals nether historic period 40.
The FAA proposal did non address, or suggest to amend, standards for recreational pilots other than, for sure pilots, the duration of a tertiary-class medical certificate, required when exercising recreational pilot privileges. The only pilots currently allowed to medically qualify using a U.S. driver's license are sport pilots. The FAA did not find cause during sport pilot rulemaking deliberations, and at this time does not accept sufficient experience certificating sport pilots, to reconsider the 3rd-course medical certificate standard for the practise of recreational pilot privileges.
Related Activity
Student Pilot Certificate Duration
On February 7, 2007, the FAA issued a proposal that would amend, in part, existing Sec. 61.nineteen(b) to extend the elapsing of a pupil pilot certificate from 24 months to 36 months for individuals nether age 40 [72 FR 5806]. Subsequently this proposed action was issued to extend the duration of medical certificates. The FAA received comments to both proposals that back up extending the duration of a student airplane pilot certificate. The FAA volition accept these comments into consideration and dispose of them in the concluding dominion that will accost the February vii, 2007 proposal.
ICAO Audit
ICAO, the aviation fly of the Un, audited the Us Authorities's civil aviation safety oversight system from November 5-19, 2007, as office of the Universal Safety Oversight Inspect Program (USOAP). The ICAO USOAP teams appraise whether a signatory state meets international aviation standards. The audit is very comprehensive and part of the focus is on licensing systems and keeping them aligned with international aviation standards.
ICAO findings for many signatory states, including the United States, have revealed a need to revise licensing systems to ensure conformance with ICAO Standards and Recommended Practices. Specifically, ICAO recommends endorsements on licenses for any person belongings a license who does not satisfy in total the atmospheric condition set forth in international standards. These individuals must have endorsed on or attached to their license a complete enumeration of the particulars in which they do not satisfy such conditions.
In order to comply with our international obligations to ICAO, the FAA has determined that affected persons, those who take been granted an Authorization for Special Issuance of a Medical Certificate (Say-so) or a Statement of Demonstrated Ability (SODA) must deport their Potency or SODA with them when exercising pilot privileges. In order to satisfy this ICAO obligation, the FAA has amended existing Sec. 67.401(j) accordingly.
Paperwork Reduction Human activity
As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA submitted a re-create of the amended information drove requirements in this final rule to the Office of Management and Budget for its review. The paperwork burdens and cost impact associated with revising, reprinting, and re-distributing this form, as described in the proposal, accept been addressed and no longer apply as a cost of the dominion. OMB canonical the drove of this data and assigned OMB Control Number 2120-0034.
International Compatibility
In keeping with U.Due south. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with ICAO Standards and Recommended Practices to the maximum extent practicable. The intent of this final rule, in part, is to come up into compliance with existing ICAO medical cess elapsing standards. Therefore, this concluding dominion will not create any differences with ICAO.
Regulatory Evaluation, Regulatory Flexibility Determination, International Trade Bear on Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic analyses. Starting time, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. Fifty. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. Fifty. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.Due south.
standards. Fourth, the Unfunded Mandates Reform Human activity of 1995 (Pub. L.104-4) requires agencies to set a written assessment of the costs, benefits, and other effects of proposed or concluding rules that include a Federal mandate probable to effect in the expenditure by State, local, or tribal governments, in the amass, or by the private sector, of $100 million or more annually (adjusted for inflation with base of operations year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this proposed rule. Nosotros propose readers seeking greater item read the total regulatory evaluation, a copy of which we have placed in the docket for this rulemaking.
In conducting these analyses, FAA has adamant that this terminal rule: (1) Has benefits that justify its costs, (ii) is not an economically ``pregnant regulatory action'' equally divers in section iii(f) of Executive Social club 12866, (iii) is not ``significant'' as defined in DOT'due south Regulatory Policies and Procedures; (4) will non take a significant economic bear on on a substantial number of small entities; (v) volition not create unnecessary obstacles to the strange commerce of the United States; and (half dozen) will not impose an unfunded mandate on Country, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below.
This rule extends the elapsing of commencement- and third-class medical certificates for certain individuals. A showtime-class medical certificate is required when exercising airline transport pilot privileges and at least a third-class medical certificate when exercising individual airplane pilot privileges. Sure conforming amendments to medical certification procedures and some full general editorial amendments also are adopted. The intent of this action is to improve the efficiency of the medical certification programme and service provided to medical certificate applicants. Over x years, this final rule is estimated to generate $91.7 1000000 ($68.9 million, discounted) of cost-savings.
Regulatory Flexibility Decision
The Regulatory Flexibility Human action of 1980 (RFA) (Pub. 50. 96-354) establishes ``equally a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and advisory requirements to the scale of the businesses, organizations, and governmental jurisdictions bailiwick to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.'' The RFA covers a wide-range of small entities, including small businesses, non-for-turn a profit organizations, and small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will take a pregnant economic impact on a substantial number of pocket-sized entities. If the agency determines that it will, the bureau must gear up a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is non expected to have a significant economical impact on a substantial number of small entities, department 605(b) of the RFA provides that the head of the bureau may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.
This final rule will not impact minor entities. It will touch primarily outset- and 3rd-grade medical certificate holders who are expected to save near $300.00 each time that they practice not have to renew their medical certificates. Consequently, as the Acting Administrator of the Federal Aviation Administration, I certify that the rule will not have a meaning economical impact on a substantial number of small entities.
International Merchandise Impact Assessment
The Trade Agreements Human activity of 1979 (Pub. L. 96-39) prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as condom, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.Southward. standards. The FAA has assessed the potential consequence of this final dominion and has adamant that it will have merely a domestic impact and therefore no effect on international merchandise.
Unfunded Mandates Assessment
Championship Ii of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104- 4) requires each Federal bureau to prepare a written statement assessing the furnishings of whatever Federal mandate in a proposed or final agency rule that may event in an expenditure of $100 one thousand thousand or more than (adjusted annually for inflation with the base yr 1995) in any i year by Land, local, and tribal governments, in the amass, or by the private sector; such a mandate is deemed to be a ``significant regulatory action.'' The FAA currently uses an inflation-adjusted value of $136.i million in lieu of $100 million. This last rule does not contain such a mandate. The requirements of title II do not apply.
Executive Social club 13132, Federalism
The FAA has analyzed this final dominion nether the principles and criteria of Executive Order 13132, Federalism. We adamant that this action will non have a substantial direct result on u.s.a., or the relationship betwixt the national Regime and the States, or on the distribution of power and responsibilities amongst the various levels of government, and, therefore, does non take federalism implications.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a pocket-size entity and y'all have a question regarding this document, you may contact your local FAA official, or the person listed under the FOR Further INFORMATION CONTACT heading at the beginning of the preamble. Yous can find out more about SBREFA on the Internet at http://www.faa.gov/regulations_policies/rulemaking/ sbre_act/.
Good Cause for Immediate Adoption of Sec. 61.23(d)
Section 553(d) of the Authoritative Procedures Act requires that rules become effective no less than 30 days after their issuance. Paragraph (d)(1) allows an agency to brand a rule effective immediately, however, if the agency provides good cause for immediate adoption. The FAA finds that good cause exists for immediate adoption of the provisions of Sec. 61.23(d) of this final dominion. Adopting Sec. 61.23(d) immediately--on the date of publication, rather than 30 days after issuance--prevents individuals whose medical document might elapse within that thirty-day interim from having to renew a medical certificate that otherwise may accept remained valid if not for the xxx- twenty-four hours effective date requirement.
List of Subjects
14 CFR Part 61
Shipping, Airmen, Aviation Safety, and Reporting and recordkeeping requirements.
14 CFR Part 65
Airmen other than flight crewmembers.
xiv CFR Part 67
Shipping, Airmen, Alcohol corruption, Drug abuse, Recreation and recreation areas, Reporting and recordkeeping requirements.
14 CFR Part 183
Aircraft, Airmen, Authority delegations (Authorities agencies), Reporting and recordkeeping requirements.
Regulatory Information
The Amendment
In consideration of the foregoing, the Federal Aviation Administration apology chapter I of championship fourteen, Code of Federal Regulations as follows:
Office 61--CERTIFICATION: PILOTS, Flying INSTRUCTORS, AND Ground INSTRUCTORS
1. The say-so citation for role 61 continues to read as follows:
Dominance: 49 U.s.C. 106(g), 40113, 44701-44703, 44707, 44709- 44711, 45102-45103, 45301-45302.
two. Meliorate Sec. 61.23 by revising paragraph (d)(i) to read every bit follows:
Sec. 61.23 Medical certificates: Requirement and duration.
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(d) Duration of a medical certificate. (i) Employ the post-obit table to determine elapsing for each class of medical certificate:
| If yous hold | And on the date of examination for your well-nigh recent medical document you were | And you are conducting an functioning requiring | Then your medical certificate expires, for that operation, at the end of the concluding day of the |
| (i) A first-class medical certificate. | (A) Under age 40 ....... | an airline ship pilot certificate .................. | twelfth month afterward the month of the date of examination shown on the medical certificate. |
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| (B) Age 40 or older .... | an airline transport pilot certificate .................. | 6th month afterwards the calendar month of the appointment of examination shown on the medical document. |
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| (C) Any age ................ | a commercial pilot certificate or an air traffic control tower operator certificate. | 12th month subsequently the month of the engagement of examination shown on the medical document. |
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| (D) Under age 40 ....... | a recreational airplane pilot certificate, a private pilot certificate, a flight instructor certificate (when acting every bit pilot in command or a required pilot flying crewmember in operations other than glider or balloon), a educatee pilot certificate, or a sport pilot document (when not using a U.S. driver'due south license equally medical qualification). | 60th month later the month of the date of examination shown on the medical certificate. |
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| (Due east) Age forty or older .... | a recreational pilot certificate, a private pilot certificate, a flying instructor document (when interim as pilot in command or a required pilot flight crewmember in operations other than glider or airship), a student pilot certificate, or a sport pilot certificate (when not using a U.S. commuter's license
as medical qualification). | 24th month after the calendar month of the appointment of examination shown on the medical document. |
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(ii) A second-course
medical document. | (A) Any age ................ | a commercial pilot document or an air traffic command tower operator certificate. | 12th month after the calendar month of the date of test shown on the medical certificate. |
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| (B) Under historic period forty ....... | a recreational pilot certificate, a private pilot certificate, a flight teacher document (when interim equally pilot in command or a required airplane pilot flying crewmember in operations other than glider or balloon), a student airplane pilot certificate, or a sport pilot certificate (when non using a U.S. driver'south license every bit medical qualification). | 60th month after the month of the date of test shown on the medical certificate. |
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| (C) Age 40 or older .... | a recreational pilot document, a private pilot certificate, a flight instructor certificate (when acting as pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a student pilot document, or a sport pilot document (when not using a U.S. driver's license as medical qualification). | 24th month afterward the month of the appointment of exmination shown on the medical certificate. |
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| (iii) A third-grade medical certificate. | (A) Under age 40 ....... | a recreational airplane pilot certificate, a individual pilot certificate, a flight teacher certificate (when acting every bit pilot in command or a required pilot flight crewmember in operations other than glider or balloon), a pupil pilot certificate, or a sport pilot certifi-
cate (when not using a U.South. driver's license as medical qualification). | 60th month afterward the month of the appointment of examination shown on the medical document. |
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| (B) Age 40 or older .... | a recreational pilot certificate, a individual airplane pilot certificate, a flying teacher document (when acting as pilot in command or a required pilot flying crewmember in operations other than glider or balloon), a student pilot document, or a sport pilot certifi-
cate (when not using a U.South. driver'south license as medical qualification). | 24th month after the month of the date of examination shown on the medical certificate. |
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3. Amend Sec. 61.29 past revising paragraph (b) to read as follows:
Sec. 61.29 Replacement of a lost or destroyed airman or medical certificate or cognition exam study.
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(b) A request for the replacement of a lost or destroyed medical certificate must be made by letter to the Department of Transportation, FAA, Aerospace Medical Certification Division, P.O. Box 26200, Oklahoma City, OK 73125, and must be accompanied by a check or coin order for the advisable fee payable to the FAA.
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Function 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
iv. The authority citation for office 65 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709- 44711, 45102-45103, 45301-45302.
five. Amend Sec. 65.16 by revising paragraph (c) introductory text to read equally follows:
Sec. 65.sixteen Alter of proper name: Replacement of lost or destroyed document.
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(c) An application for a replacement of a lost or destroyed medical certificate is made past letter to the Section of Transportation, Federal Aviation Administration, Aerospace Medical Certification Division, Post Office Box 26200, Oklahoma City, OK 73125, accompanied by a cheque or money order for $ii.00.
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Role 67--MEDICAL STANDARDS AND CERTIFICATION
six. The authority citation for part 67 continues to read equally follows:
Authorisation: 49 U.Southward.C. 106(g), 40113, 44701-44703, 44707, 44709- 44711, 45102-45103, 45301-45302.
7. Revise Sec. 67.three to read as follows:
Sec. 67.3 Issue.
A person who meets the medical standards prescribed in this part, based on medical examination and evaluation of the person's history and condition, is entitled to an advisable medical certificate.
8. Add together Sec. 67.4 to read equally follows:
Sec. 67.4 Application.
An applicant for outset-, 2nd- and third-class medical certification must:
(a) Apply on a course and in a manner prescribed by the Administrator;
(b) Exist examined past an aviation medical examiner designated in accordance with part 183 of this chapter. An bidder may obtain a list of aviation medical examiners from the FAA Function of Aerospace Medicine homepage on the FAA Web site, from whatsoever FAA Regional Flight Surgeon, or past contacting the Manager of the Aerospace Medical Instruction Segmentation, P.O. Box 26200, Oklahoma City, Oklahoma 73125.
(c) Bear witness proof of age and identity by presenting a government- issued photo identification (such as a valid U.Due south. driver's license, identification card issued by a driver'due south license authorization, armed services identification, or passport). If an applicant does not have regime- issued identification, he or she may utilize non-photo, government-issued identification (such as a birth certificate or voter registration card) in conjunction with photo identification (such as a work identification card or a student identification carte du jour).
9. Amend Sec. 67.401 past revising paragraph (j) to read equally follows:
Sec. 67.401 Special issuance of medical certificates.
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(j) An Authorisation or SODA granted under the provisions of this section to a person who does non run across the applicable provisions of subparts B, C, or D of this part must be in that person'due south physical possession or readily attainable in the shipping.
10. Revise Sec. 67.405 to read as follows:
Sec. 67.405 Medical examinations: Who may perform?
(a) Beginning-class. Any aviation medical examiner who is specifically designated for the purpose may perform examinations for the commencement-class medical certificate.
(b) Second- and third-form. Whatsoever aviation medical examiner may perform examinations for the second-or third-class medical certificate.
Sec. 67.411 [Removed and Reserved]
11. Remove and reserve Sec. 67.411.
12. Revise Sec. 67.413 to read as follows:
Sec. 67.413 Medical records.
(a) Whenever the Ambassador finds that additional medical information or history is necessary to determine whether you see the medical standards required to hold a medical certificate, you lot must:
(ane) Furnish that data to the FAA; or
(2) Authorize any clinic, hospital, dr., or other person to release to the FAA all available data or records concerning that history.
(b) If you fail to provide the requested medical data or history or to authorize its release, the FAA may suspend, modify, or revoke your medical certificate or, in the case of an bidder, deny the application for a medical document.
(c) If your medical certificate is suspended, modified, or revoked under paragraph (b) of this section, that suspension or modification remains in effect until you provide the requested data, history, or potency to the FAA and until the FAA determines that you encounter the medical standards prepare forth in this part.
Part 183--REPRESENTATIVES OF THE Ambassador
13. The authority citation for role 183 continues to read as follows:
Dominance: 31 The statesC. 9701; 49 U.South.C. 106(yard), 40113, 44702, 44721, 45303.
xiv. Ameliorate Sec. 183.xi past revising paragraph (a) to read as follows:
Sec. 183.11 Pick.
(a) The Federal Air Surgeon, or his or her authorized representatives within the FAA, may select Aviation Medical Examiners from qualified physicians who apply. In addition, the Federal Air Surgeon may designate qualified forensic pathologists to assist in the medical investigation of aircraft accidents.
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15. Revise Sec. 183.fifteen to read as follows:
Sec. 183.15 Duration of certificates.
(a) Unless sooner terminated under paragraph (b) of this department, a designation as an Aviation Medical Examiner or as a Flying Standards or Aircraft Certification Service Designated Representative as described in Sec. Sec. 183.21, 183.23, 183.25, 183.27, 183.29, 183.31, or 183.33 is effective until the expiration appointment shown on the document granting the authorization.
(b) A designation made nether this subpart terminates:
(1) Upon the written request of the representative;
(2) Upon the written request of the employer in any instance in which the recommendation of the employer is required for the designation;
(3) Upon the representative being separated from the employment of the employer who recommended him or her for certification;
(4) Upon a finding by the Ambassador that the representative has non properly performed his or her duties under the designation;
(5) Upon the assist of the representative beingness no longer needed by the Ambassador; or
(6) For any reason the Ambassador considers advisable.
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