18092 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 65, 67, and 183 

[Docket No. FAA–2007–27812; Notice No. 

07–08] 

RIN 2120–AI91 

Modification of Certain Medical 

Standards and Procedures and 

Duration of Certain Medical 

Certificates 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This proposal would extend 

the duration of first- and third-class 

medical certificates for certain 

individuals. A first-class medical 

certificate is required when exercising 

airline transport pilot privileges and at 

least a third-class medical certificate 

when exercising private pilot privileges. 

Certain conforming amendments to 

medical certification procedures and 

some general editorial amendments also 

are proposed. The intent of this action 

is to improve the efficiency of the 

medical certification program and 

service provided to medical certificate 

applicants. 

DATES: Send your comments on or 

before June 11, 2007. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2007–27812 using any of the following 

methods: 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590– 

0001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. Privacy: We will post all 

comments we receive, without change, 

to http://dms.dot.gov, including any 

personal information you provide. For 

more information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background documents 

or comments received, go to http:// 

dms.dot.gov at any time or to Room PL– 

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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; e-mail: 

Judi.M.Citrenbaum@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD ROM, 

mark the outside of the disk or CD ROM 

and also identify electronically within 

the disk or CD ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 


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describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701 and 44703. 

Background 

Title 14 of the Code of Federal 

Regulations, part 67 provides for the 

issuance of three classes of medical 

certificates. A first-class medical 

certificate is required for operations 

requiring an airline transport pilot 

certificate. At least a second-class 

medical certificate is required for 

operations requiring a commercial pilot 

certificate or an air traffic control tower 

operator certificate. At least a third-class 

medical certificate is required for 

operations requiring a private pilot 

certificate, a recreational pilot 

certificate, a flight instructor certificate 

(when acting as pilot in command or 

serving as a required flight crewmember 

in operations other than glider or 

balloon), or a student pilot certificate. 

An applicant who is found to meet 

the appropriate medical standards, 

based on a medical examination and an 

evaluation of the applicant’s history and 

condition, is entitled to a medical 

certificate without restriction or 

limitation other than the prescribed 

limitation as to its duration. The 

duration standards are set forth under 

existing § 61.23, paragraph (d). 

The FAA has not reviewed the 

medical duration standards since 1996 

when it extended the duration of thirdclass medical certificates from 2 years to 

3 years for individuals under age 40. 

The medical examination duration 

standards under existing § 61.23 (d) 

represent what the agency determined 

years ago to be a reasonable, minimum 

timetable to impose for required 

examinations and an optimum schedule 

in terms of estimated detectable 

pathology in the airman population. The 

FAA is proposing to further extend 

certain § 61.23 (d) provisions in order to 

provide a more reasonable, updated 

examination timetable for certain 

medical certificate holders and with a 

view to more efficiently managing the 

airman medical certification program 

overall. 

Discussion of the Proposal 

The FAA proposes, primarily, to 

amend § 61.23(d) to extend the duration 

of first- and third-class medical 

certificates for individuals under the age 

of 40. Existing § 61.23 prescribes the 

duration of validity and privileges of 

each class of medical certificate. 

Currently the maximum validity on a 

first-class medical certificate is 6 

months regardless of age and, on a thirdclass medical certificate, 36 months for 

individuals under age 40. Decreasing 

the frequency of medical examinations 

by increasing the duration of validity 

from 6 months to 1 year on first-class 

medical certificates for individuals 

under age 40 and from 36 months to 60 

months on third-class medical 

certificates for individuals under age 40 

would reflect the FAA’s assessment of 

the current, appropriate interval for 

younger airmen. It also would decrease 

routine workflow thereby allowing the 

FAA to focus on the most safety-critical 

certification cases and provide more 

efficient service to other applicants 

waiting to be processed. 

The FAA finds that, because medical 

standards were last evaluated in 1996, 

this rulemaking action also provides the 

opportunity to make certain minor, but 

necessary, amendatory modifications. In 

addition to proposed amendments to 

§ 61.23 (d), the FAA also proposes to: 

• Add new section § 67.4. 

• Amend § 183.15. 

• Edit §§ 61.29, 65.16, 67.3, 67.401, 

67.405, 67.411, 67.413, and 183.11. 

Proposed Amendments 

Section 61.23 Medical Certificates: 

Requirement and Duration 

Rationale for the Change 

The FAA extended the duration of 

third-class medical certificates from 24 

to 36 months for individuals under age 

40 in 1996 [61 FR 11243; March 19, 

1996]. After careful consideration of the 

comments and testimony received 

during that rulemaking action, the FAA 

determined an extended duration would 

pose no detriment to safety in the case 

of younger individuals because they are 

much less likely to suffer medical 

incapacitation. Ten years of experience 

with extended duration on the thirdclass medical certificate has had no 

adverse impact on safety. 

The FAA has no experience extending 

the duration of first-class medical 

certificates beyond the current 6-month 

limit. The FAA developed this proposal 

through review of relevant medical 

literature, its own aeromedical 

certification data, and accident data. 

Additionally, the FAA considered the 

long-standing International Civil 

Aviation Authority (ICAO) standard 

requiring revalidation of medical 

certification annually for airline 

transport and commercial pilots in 

multi-crew settings and also the ICAO 

standard adopted in November 2005 

extending revalidation for private pilots 

from 2 years to 5 years under age 40. 

Existing U.S. medical certificate validity 

standards for commercial pilots under 

age 40 in a multi-crew setting currently 

are the same as ICAO’s; therefore, the 

FAA sees no need to consider a change 

to FAA second-class medical certificate 

validity standards. The FAA is 

proposing to modify existing, more 

restrictive U.S. medical certificate 

validity standards for airline transport 

and private pilots under age 40 in part 

because of the international application 

of less restrictive standards that has had 

no reported adverse impact on safety. 

To explore whether the reexamination period for pilots under age 

40 holding an FAA first-class medical 

certificate could be safely extended from 

6 months to 12 months, FAA 

researchers randomly selected a sample 

of 100 airmen issued a first-class 

medical certificate under age 40 from its 

medical certification database and 

reviewed medical records over a 36- 

month period for the presence of 91 

predetermined pathology codes defined 

as significant. Significant codes 

represent serious medical conditions 

that would negatively impact aviation 

safety. The proportion of significant 

pathology codes assigned to airmen who 

were examined at 6- and 12-month 

intervals were compared. 

Comparison of the 6- and 12-month 

intervals revealed one medically 

significant pathology code (Code 551, 

colitis and ileitis) at the 6-month 

interval and one medically significant 

pathology code (Code 343, 

pneumothorax) at the 12-month 

interval. The FAA determined that there 

was no significant difference between 

the proportion of medically significant 

pathology codes assigned to pilots who 

recertified at 6-month intervals and 12- 

month intervals. 

FAA certification trends consistently 

indicate no significant increase either in 

undetected pathology between required 

medical examinations or in medical 

disability among younger applicants. 

While applicants of any age manifesting 

medical conditions that represent a risk 

to safety are denied certification under 

§ 67.409, the trends reveal that the 

percentage of younger applicants being 

denied medical certification is 

consistently lower than that of older 

applicants. It is also consistently 

evident that older applicants are more 

likely to have to apply for special 

issuance under § 67.401 than are 

younger applicants. 

Aviation Safety Information Analysis 

and Sharing (ASIAS) accident database 

queries on airline transport and private 

pilots under age 40 reveal relatively few 

accidents and incidents, when total 

number of enplanements is considered, 

related to pilot medical events. The 

National Transportation Safety Board 


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(NTSB) Accident and Incident Data 

System was searched for medical events 

for pilots under age 40 from 1983 to the 

present. Under the general categories of 

incapacitation and physical impairment, 

various sub-queries were performed to 

find accidents or incidents due, for 

example, to incapacitation or physical 

impairment due to cardiovascular, loss 

of consciousness, neurologic, visual, or 

other organic problems. Search of these 

categories revealed 6 incidents and 21 

accidents over the 23-year period that 

met the criteria of the database query, 

with only 9 of these deemed appropriate 

to consider for this analysis. 

The data considered revealed what 

the NTSB data characterizes as one 

commercial (air carrier) aviation 

incident, one commercial (air taxi) 

aviation incident, and one commercial 

(air taxi) aviation accident attributed to 

incapacitating medical cause. Both the 

air carrier and air taxi incidents 

involved emergency landings made by 

captains due to incapacitations of the 

first officers. The air carrier incident 

was fatal for the first officer. The air taxi 

incident was non-fatal. The first officer 

involved in the air taxi incident was 

able to be treated and was diagnosed as 

suffering from a viral syndrome. The air 

taxi accident was non-fatal involving 

the unspecified incapacitation of the 

pilot in command with the first officer 

taking control and landing the airplane 

without further incident. 

The data also revealed what the NTSB 

data characterized as four general 

aviation accidents attributed to 

incapacitation and one incident 

attributed to physical impairment. Two 

of the incapacitating accidents, both 

fatal, were due to heart attack of the 

pilots in command. Two non-fatal, 

incapacitating accidents were attributed 

to pilots, one a low-time pilot and one 

a student pilot, losing consciousness 

upon landing while performing certain 

practice maneuvers. The accident 

reports indicated inexperience and 

nervousness as contributing to the 

accidents. The non-fatal incident 

attributed to physical impairment 

involved a pilot taking sinus medication 

90 minutes after takeoff and then further 

medication 30 minutes later that, 

apparently, may have incapacitated 

him. 

Considering the limited findings 

revealed by reviewing ASIAS and FAA 

aeromedical certification data, the FAA 

believes the incremental risks associated 

with extending the duration of medical 

certificates would be minimal. 

Additionally, the ancillary benefit this 

proposal would provide by allowing the 

FAA to shift resources otherwise 

involved in processing routine cases to 

the more safety-critical medical 

certification cases would go a long way 

toward improving customer service. The 

FAA has been making incremental 

changes over a considerable period of 

time to improve the workflow of the 

medical certification process; this 

proposal would provide an additional 

opportunity for continuous 

improvement. 

Proposed Implementation of the Change 

The FAA intends that the proposed, 

extended validity periods would be 

effective upon issuance of the final rule. 

Therefore, it would not matter whether 

an individual had a medical 

examination the day before or the day 

after the effective date of the final rule. 

Validity standards are applied according 

to the date of examination placed on the 

medical certificate and in accordance 

with the duration periods specified 

under § 61.23(d). 

Under this proposal, § 61.23(d) would 

be simplified into a more user-friendly 

chart format. 

Section 67.3 Issue 

The FAA proposes an editorial 

amendment to delete a reference to a 

non-existent § 67.5. On October 5, 1998 

[63 FR 53532] the FAA removed several 

regulatory provisions under 14 CFR that 

restricted the licensing of foreign 

persons outside of the United States. 

The restrictive language was originally 

placed in the regulations because of 

administrative concerns that are no 

longer applicable and that came to be 

regarded as restricting harmonization 

efforts. Section 67.5 was removed in this 

1998 final rule; however, the FAA 

inadvertently did not remove the 

reference to former § 67.5 in existing 

§ 67.3. This proposal would remove that 

erroneous reference and leave § 67.3 

otherwise unchanged. 

Section 67.4 Application 

The FAA proposes to add a new 

section, § 67.4. 

Proposed paragraph (a) would add a 

provision to require individuals to make 

application for FAA medical 

certification ‘‘on a form and in a manner 

acceptable to the Administrator.’’

Adding this language would clarify that 

it is necessary to fill out a form to apply 

for a medical certificate and thereby 

conform part 67 with existing language 

under § 61.13(a) that requires pilot 

certificate applicants to make 

application ‘‘on a form and in a manner 

acceptable to the Administrator.’’

Proposed paragraph (b) would move 

existing provisions regarding how 

individuals may locate an AME from 

existing § 67.405. 

Proposed paragraph (c) would require 

applicants to present proof of age and 

identity when making application. 

While an AME currently may not 

conduct an examination unless the 

medical certificate applicant presents 

proof of age and identity, this practice 

now would be codified under the 

regulation. 

Section 67.401 Special Issuance of 

Medical Certificates 

Existing paragraph (j) would be 

deleted as it contains a reference to a 

previous compliance date that is no 

longer necessary. The section would 

remain otherwise unchanged. 

Section 67.405 Medical Examinations: 

Who May Give? 

Current paragraphs (a) and (b) 

regarding how the public may locate 

and contact an AME are redundant and 

need to be expanded. The FAA would 

update and move these provisions to 

proposed § 67.4. In addition, the FAA 

would change the words ‘‘give the 

examination’’ to ‘‘perform the 

examination.’’ The word ‘‘give’’ in the 

title of this section also would be 

changed to ‘‘perform.’’

Section 67.411 Medical Certificates by 

Flight Surgeons of the Armed Forces 

The FAA proposes to remove and 

reserve this section. The FAA has 

determined that a specific section to 

address military flight surgeons holding 

AME designation is no longer necessary. 

The FAA has ceased designating 

military installations in favor of 

designating individual military 

personnel as AMEs in the same manner 

as civilians. Thus there no longer is a 

meaningful distinction between civilian 

AME and military flight surgeons in 

terms of issuing FAA medical 

certificates. 

Section 67.413 Medical Records 

The FAA proposes to simplify 

§ 67.413 by re-formatting its provisions 

into more user-friendly paragraphs. This 

intent of this section would not change. 

Section 61.29 Replacement of a Lost or 

Destroyed Airman or Medical Certificate 

or Knowledge Test Report 

Section 65.16 Change of Name: 

Replacement of Lost or Destroyed 

Certificate 

The FAA proposes to change the P.O. 

Box address listed under §§ 61.29(b) and 

65.16(b) from P.O. Box 25082 to P.O. 

Box 26200 for individuals to use when 

requesting replacement of a lost or 

destroyed medical certificate. While the 

current P.O. Box is valid, replacement 

requests are received more 


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expeditiously, and therefore processed 

more efficiently, when sent to P.O. Box 

26200. 

Section 183.11 Selection 

The FAA proposes to change ‘‘his 

authorized representatives’’ to ‘‘his or 

her authorized representatives’’ in order 

to conform to the existing language of 

other sections, for example, § 67.407(d), 

that use ‘‘his or her.’’ This section 

otherwise would remain unchanged. 

Section 183.15 Duration of Certificates 

The FAA proposes to amend § 183.15. 

Under rulemaking that became effective 

on November 14, 2005 [‘‘Establishment 

of Organization Designation 

Authorization Program; 70 FR 59932; 

October 13, 2005’’], the FAA amended 

§ 183.15 to remove a specific time limit 

on designated authority for certain 

representatives of the Administrator and 

provide instead that designations be 

effective until the expiration date shown 

on whatever credentialing 

documentation or certificate is held by 

a particular designee. Adding such a 

provision has worked well among the 

designees of the FAA Flight Standards 

and Aircraft Certification Services. In 

addition to reducing cost and workload, 

it has allowed greater flexibility, in 

particular, in automatically extending 

the designation authority of valued FAA 

designees. Including AMEs under this 

process will further enhance the FAA’s 

ability to more efficiently manage FAA 

designee programs. 

Existing paragraph (b) would be 

revised to provide, in addition to Flight 

Standards and Aircraft Certification 

Service Designated Representatives, that 

the designation of Aviation Medical 

Examiners would be ‘‘effective until the 

expiration date shown on the document 

granting the authorization.’’ Therefore 

existing paragraph (a), a stand-alone 

paragraph referencing AMEs only, 

would no longer be needed and 

therefore removed. Existing paragraph 

(b) would be revised as proposed and 

become new paragraph (a). Existing 

paragraph (c) would become new 

paragraph (b) and remain unchanged 

except it would include the word ‘‘her’’

where necessary in the paragraph. 

Paperwork Reduction Act 

Currently, the reverse side of FAA 

Form 8500–9, the FAA medical 

certificate, lists the ‘‘Conditions of 

Issue’’ of the certificate and specifies the 

validity period of each class of medical 

certificate. If this rule is adopted, the 

back of FAA Form 8500–9 would have 

to be reprinted to reveal the new 

validity periods for first- and third-class 

medical certificate holders under age 40. 

Further, approximately 2,000 boxes of 

reprinted forms would have to be 

mailed from the Oklahoma City 

distribution site to various Aviation 

Medical Examiners and FAA offices 

across the country. 

In anticipation of revising the back of 

the medical certificate attached to FAA 

Form 8500–8, the FAA will request new 

approval given the cost to the FAA 

associated with amending and 

reprinting it. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), the FAA has submitted 

the information requirements associated 

with this proposal to the Office of 

Management and Budget for its review. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. This 

action, if adopted, would meet ICAO 

standard. 

Economic Assessment, Initial 

Regulatory Flexibility Determination, 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, 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. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 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.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this proposed rule. 

We suggest readers seeking greater 

detail read the full regulatory 

evaluation, a copy of which we have 

placed in the docket for this rulemaking. 

In conducting these analyses, FAA 

has determined that this proposed rule: 

(1) Has benefits that justify its costs, (2) 

is not an economically ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, (3) is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures; (4) 

would not have a significant economic 

impact on a substantial number of small 

entities; (5) would not create 

unnecessary obstacles to the foreign 

commerce of the United States; and (6) 

would not impose an unfunded 

mandate on State, local, or tribal 

governments, or on the private sector by 

exceeding the threshold identified 

above. These analyses are summarized 

below. 

This proposal would extend the 

duration of first- and third-class medical 

certificates for medical certificate 

holders under the age of 40 and make 

certain editorial amendments to the 

medical certification regulations. The 

proposal is estimated to generate $85.0 

million ($59.7 million, discounted) of 

cost savings while only imposing 

$123,000 ($115,000, discounted) of costs 

over 10 years. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject 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, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 


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include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This proposal would not impact small 

entities. It would only impact 1st class 

and 3rd class pilots who are expected to 

save about $300 for each time that they 

do not have to renew their medical 

certificates. (The FAA cost-estimates on 

the price of a medical exam, the time for 

the exam, the time to fill out the form, 

and the travel time would total 

approximately $300.) Therefore, the 

FAA certifies that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

International Trade Impact Assessment 

The Trade Agreements Act 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 safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this proposed rule 

and has determined that it would have 

only a domestic impact and therefore no 

effect on international trade. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more 

(adjusted annually for inflation with the 

base year 1995) in any one year by State, 

local, and tribal governments, in the 

aggregate, 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 

$128.1 million in lieu of $100 million. 

This proposed rule does not contain 

such a mandate. 

The proposed rule does not contain 

any Federal intergovernmental or 

private sector mandates; therefore, the 

requirements of Title II of the Unfunded 

Mandates Reform Act of 1995 do not 

apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this proposed 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on the relationship between the 

national Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and therefore 

would not have federalism implications. 

Plain English 

Executive Order 12866 (58 FR 51735, 

Oct. 4, 1993) requires each agency to 

write regulations that are simple and 

easy to understand. We invite your 

comments on how to make these 

proposed regulations easier to 

understand, including answers to 

questions such as the following: 

• Are the requirements in the 

proposed regulations clearly stated? 

• Do the proposed regulations contain 

unnecessary technical language or 

jargon that interferes with their clarity? 

• Would the regulations be easier to 

understand if they were divided into 

more (but shorter) sections? 

• Is the description in the preamble 

helpful in understanding the proposed 

regulations? 

Please send your comments to the 

address specified in the ADDRESSES

section. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion and involves no 

extraordinary circumstances. 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA has analyzed this NPRM 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

have determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866, and it is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

List of Subjects 

14 CFR Part 61 

Aircraft, Airmen, Aviation safety, and 

Reporting and recordkeeping 

requirements. 

14 CFR Part 65 

Airmen other than flight 

crewmembers. 

14 CFR Part 67 

Aircraft, Airmen, Alcohol abuse, Drug 

abuse, Recreation and recreation areas, 

Reporting and recordkeeping 

requirements. 

14 CFR Part 183 

Aircraft, Airmen, Authority 

delegations (Government agencies), 

Reporting and recordkeeping 

requirements. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend Chapter I of Title 14, 

Code of Federal Regulations, as follows: 

PART 61—CERTIFICATION: PILOTS, 

FLIGHT INSTRUCTORS, AND GROUND 

INSTRUCTORS 

1. The authority citation for part 61 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

2. Amend § 61.23 by revising 

paragraph (d) as follows: 

§ 61.23 Medical certificates: Requirement 

and duration. 

* * * * * 

(d) Duration of a medical certificate. 

Use the following table to determine 

how long each class of medical 

certificate is valid: 

If you hold And you are Conducting an operation requiring 

Then your medical certificate is valid from the date 

of the examination, through 

the rest of that month, and 

for 

(1) A first-class medical certificate.(i) Under age 40 ................ an airline transport pilot certificate ................................ 12 more calendar months. 

(ii) Age 40 or older ............ an airline transport pilot certificate ................................ 6 more calendar months. 


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If you hold And you are Conducting an operation requiring 

Then your medical certificate is valid from the date 

of the examination, through 

the rest of that month, and 

for 

(iii) Of any age ................... a commercial pilot certificate or an air traffic control 

tower operator certificate.

12 more calendar months. 

(iv) Under age 40 .............. a recreational pilot certificate, 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), or a student 

pilot certificate.

60 more calendar months. 

(v) Age 40 or older ............ a recreational pilot certificate, 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), or a student 

pilot certificate.

24 more calendar months. 

(2) A second-class medical 

certificate.

(i) Of any age .................... a commercial pilot certificate or an air traffic control 

tower operator certificate.

12 more calendar months. 

(ii) Under age 40 ............... a recreational pilot certificate, 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), or a student 

pilot certificate.

60 more calendar months. 

(iii) Age 40 or older ........... a recreational pilot certificate, 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), or a student 

pilot certificate.

24 more calendar months. 

(3) A third-class medical 

certificate.

(i) Under age 40 ................ a recreational pilot certificate, 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), or a student 

pilot certificate.

60 more calendar months. 

(ii) Age 40 or older ............ a recreational pilot certificate, 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), or a student 

pilot certificate.

24 more calendar months. 

3. Amend § 61.29 by revising 

paragraph (b) to read as follows: 

§ 61.29 Replacement of a lost or destroyed 

airman or medical certificate or knowledge 

test report. 

* * * * * 

(b) A request for the replacement of a 

lost or destroyed medical certificate 

must be made by letter to the 

Department of Transportation, FAA, 

Aeromedical Certification Division, P.O. 

Box 26200, Oklahoma City, OK 73125, 

and must be accompanied by a check or 

money order for the appropriate fee 

payable to the FAA. 

* * * * * 

PART 65—CERTIFICATION: AIRMEN 

OTHER THAN FLIGHT 

CREWMEMBERS 

4. The authority citation for part 65 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

5. Amend § 65.16 by revising 

paragraph (b) introductory text to read 

as follows: 

§ 65.16 Change of name: Replacement of 

lost or destroyed certificate. 

* * * * * 

(b) An application for a replacement 

of a lost or destroyed certificate must be 

made by letter to the Department of 

Transportation, Federal Aviation 

Administration, Airman Certification 

Division, Post Office Box 26200, 

Oklahoma City, 73215. The letter 

must—

* * * * * 

PART 67—MEDICAL STANDARDS AND 

CERTIFICATION 

6. The authority citation for part 67 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701–

44703, 44707, 44709–44711, 45102–45103, 

45301–45302. 

7. Revise § 67.3 to read as follows: 

§ 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 appropriate medical 

certificate. 

8. Add § 67.4 to read as follows: 

§ 67.4 Application. 

An applicant for first-, second- and 

third-class medical certification must: 

(a) Apply on a form and in a manner 

prescribed by the Administrator; 

(b) Be examined by an aviation 

medical examiner designated in 

accordance with part 183 of this 

chapter. An applicant may obtain a list 

of aviation medical examiners from the 

FAA Office of Aerospace Medicine 

homepage on the FAA Web site, from 

any FAA Regional Flight Surgeon, or by 

contacting the Manager of the 

Aeromedical Education Division, P.O. 

Box 26200, Oklahoma City, Oklahoma 

73125. 

(c) Show proof of age and identity by 

presenting a government-issued photo 

identification (such as a current and 

valid U.S. driver’s license, identification 

card issued by a driver’s license 

authority, military identification, or 

passport). If an applicant does not have 

government-issued identification, he or 

she may use non-photo, governmentissued identification (such as a birth 

certificate or voter registration card) in 


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18098 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Proposed Rules 

conjunction with a photo identification 

(such as a work identification card or a 

student identification card.) 

9. Amend § 67.401 by removing 

paragraph (j). 

10. Revise § 67.405 to read as follows: 

§ 67.405 Medical examinations: Who may 

perform? 

(a) First-class. Any aviation medical 

examiner who is specifically designated 

for the purpose may perform 

examinations for the first-class medical 

certificate. 

(b) Second- and third-class. Any 

aviation medical examiner may perform 

examinations for the second-or thirdclass medical certificate. 

11. Remove and reserve § 67.411. 

12. Revise § 67.413 to read as follows: 

§ 67.413 Medical records. 

(a) Whenever the Administrator finds 

that additional medical information or 

history is necessary to determine 

whether you meet the medical standards 

required to hold a medical certificate, 

you must: 

(1) Furnish that information to the 

FAA; or 

(2) Authorize any clinic, hospital, 

physician, or other person to release to 

the FAA all available information or 

records concerning that history. 

(b) If you fail to provide the requested 

medical information or history or to 

authorize its release, the FAA may 

suspend, modify, or revoke your 

medical certificate or, in the case of an 

applicant, deny the application for a 

medical certificate. 

(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 

information, history, or authorization to 

the FAA and until the FAA determines 

that you meet the medical standards set 

forth in this part. 

PART 183—REPRESENTATIVES OF 

THE ADMINISTRATOR 

13. The authority citation for part 183 

continues to read as follows: 

Authority: 31 U.S.C. 9701; 49 U.S.C. 

106(g), 40113, 44702, 44721, 45303. 

14. Amend § 183.11 by revising 

paragraph (a) to read as follows: 

§ 183.11 Selection. 

(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. 

* * * * * 

15. Revise § 183.15 to read as follows: 

§ 183.15 Duration of certificates. 

(a) Unless sooner terminated under 

paragraph (b) of this section, a 

designation as an Aviation Medical 

Examiner or as a Flight Standards or 

Aircraft Certification Service Designated 

Representative as described in 

§§ 183.21, 183.23, 183.25, 183.27, 

183.29, 183.31, or 183.33 is effective 

until the expiration date shown on the 

document granting the authorization. 

(b) A designation made under this 

subpart terminates: 

(1) Upon the written request of the 

representative; 

(2) Upon the written request of the 

employer in any case 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 

Administrator that the representative 

has not properly performed his or her 

duties under the designation; 

(5) Upon the assistance of the 

representative being no longer needed 

by the Administrator; or 

(6) For any reason the Administrator 

considers appropriate. 

Issued in Washington, DC, on March 23, 

2007. 

Frederick E. Tilton, 

Federal Air Surgeon. 

[FR Doc. E7–6652 Filed 4–9–07; 8:45 am] 

BILLING CODE 4910–13–P 


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