[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Proposed Rules]
[Pages 18092-18098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6652]



[[Page 18091]]

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Part III





Department of Transportation





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Federal Aviation Administration



14 CFR Parts 61, 65, 67, and 183



 Modification of Certain Medical Standards and Procedures and Duration 
of Certain Medical Certificates; Proposed Rule

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

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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).

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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:
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#a8e2ddccc186e586ebc1dcdacdc6cac9ddc5e8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="dd97a8b9b4f390f39eb4a9afb8b3bfbca8b09dbbbcbcf3bab2ab">[email protected]</span></a>.

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,

[[Page 18093]]

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 
Sec.  61.23, paragraph (d).
    The FAA has not reviewed the medical duration standards since 1996 
when it extended the duration of third-class medical certificates from 
2 years to 3 years for individuals under age 40. The medical 
examination duration standards under existing Sec.  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 Sec.  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 Sec.  61.23(d) to extend the 
duration of first- and third-class medical certificates for individuals 
under the age of 40. Existing Sec.  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 third-class 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 Sec.  61.23 (d), the FAA also proposes to:
    <bullet> Add new section Sec.  67.4.
    <bullet> Amend Sec.  183.15.
    <bullet> Edit Sec. Sec.  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 
third-class 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 re-examination 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 Sec.  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 Sec.  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

[[Page 18094]]

(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 Sec.  61.23(d).
    Under this proposal, Sec.  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 Sec.  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 Sec.  67.5 in existing Sec.  67.3. This 
proposal would remove that erroneous reference and leave Sec.  67.3 
otherwise unchanged.

Section 67.4 Application

    The FAA proposes to add a new section, Sec.  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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec. Sec.  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

[[Page 18095]]

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, Sec.  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 Sec.  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 Sec.  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-for-profit 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

[[Page 18096]]

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:
    <bullet> Are the requirements in the proposed regulations clearly 
stated?
    <bullet> Do the proposed regulations contain unnecessary technical 
language or jargon that interferes with their clarity?
    <bullet> Would the regulations be easier to understand if they were 
divided into more (but shorter) sections?
    <bullet> 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 Sec.  61.23 by revising paragraph (d) as follows:


Sec.  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:

----------------------------------------------------------------------------------------------------------------
                                                                                             Then your medical
                                                                                           certificate is valid
                                                               Conducting an operation     from the date of the
            If you hold                    And you are                requiring            examination, through
                                                                                             the rest of that
                                                                                              month, and for
----------------------------------------------------------------------------------------------------------------
(1) A first-class medical            (i) Under age 40......  an airline transport pilot   12 more calendar
 certificate.                                                 certificate.                 months.
                                     (ii) Age 40 or older..  an airline transport pilot   6 more calendar
                                                              certificate.                 months.

[[Page 18097]]

 
                                     (iii) Of any age......  a commercial pilot           12 more calendar
                                                              certificate or an air        months.
                                                              traffic control tower
                                                              operator certificate.
                                     (iv) Under age 40.....  a recreational pilot         60 more calendar
                                                              certificate, a private       months.
                                                              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.
                                     (v) Age 40 or older...  a recreational pilot         24 more calendar
                                                              certificate, a private       months.
                                                              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.
(2) A second-class medical           (i) Of any age........  a commercial pilot           12 more calendar
 certificate.                                                 certificate or an air        months.
                                                              traffic control tower
                                                              operator certificate.
                                     (ii) Under age 40.....  a recreational pilot         60 more calendar
                                                              certificate, a private       months.
                                                              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.
                                     (iii) Age 40 or older.  a recreational pilot         24 more calendar
                                                              certificate, a private       months.
                                                              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.
(3) A third-class medical            (i) Under age 40......  a recreational pilot         60 more calendar
 certificate.                                                 certificate, a private       months.
                                                              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.
                                     (ii) Age 40 or older..  a recreational pilot         24 more calendar
                                                              certificate, a private       months.
                                                              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.
----------------------------------------------------------------------------------------------------------------

    3. Amend Sec.  61.29 by revising paragraph (b) to read as follows:


Sec.  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 Sec.  65.16 by revising paragraph (b) introductory text to 
read as follows:


Sec.  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 Sec.  67.3 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 appropriate medical certificate.
    8. Add Sec.  67.4 to read as follows:


Sec.  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, 
government-issued identification (such as a birth certificate or voter 
registration card) in

[[Page 18098]]

conjunction with a photo identification (such as a work identification 
card or a student identification card.)
    9. Amend Sec.  67.401 by removing paragraph (j).
    10. Revise Sec.  67.405 to read as follows:


Sec.  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 third-class medical certificate.
    11. Remove and reserve Sec.  67.411.
    12. Revise Sec.  67.413 to read as follows:


Sec.  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 Sec.  183.11 by revising paragraph (a) to read as 
follows:


Sec.  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 Sec.  183.15 to read as follows:


Sec.  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 Sec. Sec.  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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