This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

3643 

Vol. 87, No. 16 

Tuesday, January 25, 2022 

1Under 14 CFR 67.403(a)(1) through (4), a person 

is prohibited from making or causing to be made: 

(1) A fraudulent or intentionally false statement on 

any application for a medical certificate or on a 

request for any Authorization for Special Issuance 

of a Medical Certificate (Authorization) or 

Statement of Demonstrated Ability (SODA); (2) a 

fraudulent or intentionally false entry in any 

logbook, record, or report that is kept, made, or 

used to show compliance with any requirement for 

any medical certificate or for any Authorization or 

SODA; (3) a reproduction, for fraudulent purposes, 

of any medical certificate; or (4) an alteration of any 

medical certificate. 

2Settlement Policy for Legal Enforcement Actions 

Involving Medical Certificate-Related Fraud, 

Intentional Falsification, Reproduction, or 

Alteration, 85 FR 60057 (Sept. 24, 2020). 

3 Individuals were eligible for the 2020 PSP when 

there was no question about their qualification to 

hold a part 61, 63, or 65 certificate other than that 

presented by the 14 CFR 67.403(a)(1) through (4) 

violation and when they had no previous violations 

of 14 CFR 67.403(a)(1) through (4). 

4Under 14 CFR 67.403(b)(1) and (2), a violation 

of 14 CFR 67.403(a)(1) through (4) is a basis for 

suspending or revoking all airman, ground 

instructor, and medical certificates and ratings held 

by the violator and withdrawing all Authorizations 

or SODA’s held by the violator. See also FAA Order 

2150.3C, chap. 9, para. 8 (certificate revocation is 

appropriate for a violation of 14 CFR 67.403(a)(1) 

through (4) since such a violation demonstrates a 

lack of qualification to hold a certificate). 

5See 14 CFR 61.13(d)(2), 63.11(d), and 65.11(d)(1) 

and (2). The one-year application restriction 

applicable to revoked 14 CFR parts 61, 63, and 65 

certificates does not apply to certificates issued 

under 14 CFR part 67 or 107. 

6 If a certificate revoked by the order was issued 

under: (1) 14 CFR part 61, the waiting period will 

apply to all certificates issued under 14 CFR part 

61; (2) 14 CFR part 63, the waiting period will apply 

to the kind of part 63 certificate revoked; (3) 14 CFR 

Continued 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No.: FAA–2020–0809] 

14 CFR Parts 61, 63, 65, 67, and 107 

Amended Prompt Settlement Policy for 

Legal Enforcement Actions Involving 

Medical Certificate-Related Fraud, 

Intentional Falsification, Reproduction, 

or Alteration 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notification of enforcement 

policy. 

SUMMARY: The FAA is amending its 

policy for the prompt settlement of legal 

enforcement actions against individuals 

who the FAA has found violated 

regulations prohibiting any fraudulent 

or intentionally false statement on an 

application for a medical certificate or 

other document used to show 

compliance with any requirement for a 

medical certificate; reproduction of a 

medical certificate for fraudulent 

purposes; or alteration of a medical 

certificate. Revocation of all airman, 

ground instructor, and medical 

certificates is the appropriate sanction 

for such violations, and FAA regulations 

prohibit application for a new airman or 

ground instructor certificate for one year 

following the effective date of the order 

of revocation unless the order provides 

otherwise. The previous version of this 

policy allowed eligible individuals the 

opportunity to promptly receive an 

emergency order of revocation and, 

thereby, apply for a new airman or 

ground instructor certificate sooner than 

in the absence of that policy; however, 

that policy required a one-year wait 

period from the effective date of the 

order before an individual could apply 

for a new certificate. This amended 

policy will still ensure that eligible 

individuals promptly receive an 

emergency order of revocation, but the 

order will allow them the opportunity to 

apply for a new airman or ground 

instructor certificate after nine months 

from the effective date of the order. 

DATES: This notification of enforcement 

policy is effective January 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

James Barry, Manager, Policy/Audit/ 

Evaluation, Enforcement Division, 

AGC–300, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–8198; james.barry@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 30, 2020, the FAA’s 

prompt settlement policy (2020 PSP) 

relating to violations of 14 CFR 

67.403(a)(1) through (4) 1 went into 

effect.2 Under the 2020 PSP, an 

individual subject to legal enforcement 

action based on a violation 14 CFR 

67.403 had the opportunity to enter into 

a settlement agreement providing for the 

prompt issuance of an emergency order 

revoking the individual’s airman, 

ground instructor, and medical 

certificates. The prompt issuance of the 

order afforded eligible individuals the 

opportunity to apply for a new airman 

certificate under 14 CFR parts 61, 63, 

and 65, or a new ground instructor 

certificate under 14 CFR part 61, sooner 

than in the absence of such a policy.3

The 2020 PSP noted that the 

revocation of all airman, ground 

instructor, and medical certificates is 

the appropriate sanction for violations 

of 14 CFR 67.403(a)(1) through (4).4 It 

also explained that the period between 

the discovery of an apparent violation of 

14 CFR 67.403(a)(1) through (4) and, if 

appropriate, the issuance of an order 

revoking airman, ground instructor, and 

medical certificates can be lengthy. In 

this regard, the 2020 PSP stated that the 

timing between the FAA’s discovery of 

an apparent violation of 14 CFR 

67.403(a)(1) through (4) and the 

issuance of an order of revocation is 

affected by the time required to 

complete a full investigation and multitiered case review. In addition, the 2020 

PSP noted that 14 CFR parts 61, 63, and 

65 prohibit individuals whose airman 

and ground instructor certificates have 

been revoked from applying for new 

airman and ground instructor 

certificates for one year following the 

effective date of an order of revocation 

unless the order provides otherwise.5

The 2020 PSP provided that individuals 

would still be subject to the one-year 

post-revocation bar for applications for 

new airman or ground instructor 

certificates but would have the 

opportunity to apply for such 

certificates sooner than without the 

policy because much of the 

investigation and case review process 

would be abbreviated or eliminated. 

The amendment to the 2020 PSP 

announced in this document will afford 

eligible individuals who the FAA has 

found violated 14 CFR 67.403(a)(1) 

through (4) the opportunity to promptly 

receive an emergency order revoking 

any airman, ground instructor, and 

medical certificate they hold and to 

apply for a new 14 CFR part 61, 63, or 

65 certificate after nine months from the 

effective date of the order.6 Not only 


khammond on DSKJM1Z7X2PROD with RULES
3644 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 

part 65, and that certificate was a mechanic or 

repairman certificate, the waiting period will apply 

to both kinds certificates; or (4) 14 CFR part 65, and 

that certificate was an air traffic control tower 

operator, aircraft dispatcher, or parachute rigger 

certificate, the waiting period will apply to the 

same kind of certificate revoked. 

7Under 14 CFR 61.15(a), a conviction for the 

violation of any Federal or State statute relating to 

the growing, processing, manufacture, sale, 

disposition, possession, transportation, or 

importation of narcotic drugs, marijuana, or 

depressant or stimulant drugs or substances is 

grounds for suspension or revocation of any 

certificate, rating, or authorization issued under 14 

CFR part 61. Under 14 CFR 61.15(d), except for a 

motor vehicle action that results from the same 

incident or arises out of the same factual 

circumstances, a motor vehicle action occurring 

within three years of a previous motor vehicle 

action is grounds for suspension or revocation of 

any certificate, rating, or authorization issued under 

14 CFR part 61. Under 14 CFR 61.15(e), each person 

holding a certificate issued under this part shall 

provide a written report of each motor vehicle 

action to the FAA not later than 60 days after the 

motor vehicle action. 

8The FAA generally takes emergency certificate 

action when (i) the certificate holder lacks 

qualifications, there is a reasonable basis to 

question whether the certificate holder is qualified 

to hold the certificate, or the certificate holder does 

not comply with statutory or regulatory 

requirements to cooperate with the FAA; and (ii) 

the certificate holder is reasonably able to exercise 

the privileges of the certificate. See Order 2150.3C, 

chap. 7, para. 4.a.(2). The FAA generally issues 

notices proposing certificate action (rather than 

emergency certificate actions) when only the first 

criterion is met, e.g., the certificate holder lacks 

qualifications. For example, the FAA generally 

issues a notice proposing certificate action 

involving the revocation of a pilot certificate when 

the certificate holder only holds a pilot certificate 

and is required to but does not hold a valid medical 

certificate. For the limited purposes of this 

amended policy, individuals who are not 

reasonably able to exercise the privileges of any 

airman certificate they hold may enter into a 

settlement agreement for the issuance of an 

emergency order of revocation as described herein. 

will this amendment reduce the oneyear post-revocation bar related to the 

application for new 14 CFR part 61, 63, 

or 65 certificates to nine months, it will 

continue the 2020 PSP’s features of 

promptness in issuing emergency orders 

and predictability associated with 

settlement agreements. 

Like the 2020 PSP, this amended 

policy will also apply when any 

controlled substance conviction or 

motor vehicle action that is the basis for 

a violation of 14 CFR 61.15(a), (d), or (e) 

also forms the basis for an intentional 

falsification violation under 14 CFR 

67.403(a)(1).7 For example, the policy 

will apply to (1) violations of 14 CFR 

67.403(a)(1) and 14 CFR 61.15(e) when 

the violations were related to the same 

driving under the influence conviction; 

(2) violations of 14 CFR 67.403(a)(1) and 

14 CFR 61.15(a) when the violations 

were related to the same controlled 

substance conviction; and (3) violations 

of 14 CFR 67.403(a)(1) and 14 CFR 

61.15(d) and (e) when the violations 

were related to the same motor vehicle 

action or actions. 

Statement of Policy 

Under this amended prompt 

settlement policy, the FAA will send an 

eligible individual who is the subject of 

an investigation for an apparent 

violation of 14 CFR 67.403(a)(1) through 

(4) a letter of investigation (LOI) that 

will offer the individual the opportunity 

to enter into a settlement agreement. 

The settlement agreement will provide 

for the prompt issuance of an emergency 

order (1) revoking all airman, ground 

instructor, and medical certificates the 

individual holds; (2) requiring the 

immediate surrender of the affected 

certificates; and (3) allowing application 

for a new airman or ground instructor 

after nine months from the effective date 

of the order. The settlement agreement 

will require the individual to waive any 

right to appeal from the order. Both 

certificate holders who are reasonably 

able to exercise the privileges of any 

airman or ground instructor certificate 

they hold or certificate holders who are 

not reasonably able to exercise such 

privileges may enter into a settlement 

agreement under this amended policy.8

This amended policy will apply when 

any controlled substance conviction or 

motor vehicle action that was the basis 

for a violation of 14 CFR 61.15(a), (d), 

or (e) also forms the basis for an 

intentional falsification violation under 

14 CFR 67.403(a)(1). Under this 

amended policy, the FAA will include 

in the LOI notification to individuals 

that they may contact the applicable 

program office within ten days of 

receipt of the LOI to request 

consideration under the prompt 

settlement policy. 

Following an individual’s request to 

be considered under this amended 

policy, the FAA will determine the 

individual’s eligibility for the policy. 

Individuals will be eligible for the 

policy if there is no basis other than that 

presented by the 14 CFR 67.403(a)(1) 

through (4) (or 14 CFR 61.15, if 

applicable) violations to question their 

qualification to hold a part 61, 63, or 65 

certificate and the FAA has found they 

have not previously violated 14 CFR 

67.403(a)(1) through (4). 

If the FAA deems an individual is 

eligible for this amended policy, the 

Chief Counsel, or Chief Counsel’s 

designee, will provide the individual, or 

his or her legal representative, a formal 

agreement that sets forth the conditions 

for prompt settlement. The terms of this 

settlement agreement will normally 

include the following provisions. 

(1) The parties must execute the 

settlement agreement within ten days 

after the FAA sends the agreement to 

the individual. 

(2) The FAA will issue an emergency 

order revoking all airman, ground 

instructor, and unexpired medical 

certificates the individual holds 

immediately upon receiving the fully 

executed settlement agreement. 

(3) The emergency order of revocation 

will (i) require the immediate surrender 

of all airman, ground instructor, and 

unexpired medical certificates the 

individual holds to agency counsel; (ii) 

notify the individual that the failure to 

immediately surrender these certificates 

could subject the individual to further 

legal enforcement action, including a 

civil penalty; and (iii) inform the 

individual that the FAA will not accept 

an application for a new airman 

certificate under 14 CFR part 61, 63, or 

65, or ground instructor certificate 

under 14 CFR part 61, for a period of 

nine months from the effective date of 

the order. See fn.6 for details regarding 

certificate application waiting periods. 

(4) The individual will waive all 

appeal rights from the emergency order 

of revocation. 

(5) The individual acknowledges that 

this agreement only concerns this 

enforcement action brought by the FAA 

and does not affect any action that 

might be brought by State or other 

Federal agencies (whether civil or 

criminal), and that this agreement does 

not prevent the FAA from providing 

information about this matter to State or 

other Federal agencies. 

(6) The parties will agree to bear their 

own costs and attorney fees, if any, in 

connection with the matter. 

(7) The individual will agree to not 

initiate any litigation before any court, 

tribunal, or administrative entity 

concerning any costs, damages, or 

attorney fees, including applications 

under the Equal Access to Justice Act, 

incurred as a result of the abovereferenced matter. 

(8) The individual will agree to waive 

any and all causes of action against the 

FAA and its current and/or former 

officials and employees relating to the 

above-referenced matter. 

This amended policy will allow 

eligible individuals to more quickly 

apply for new 14 CFR parts 61, 63, and 

65 certificates following a violation of 

14 CFR 67.403(a)(1) through (4). It also 

reduces uncertainty about the date of 

issuance of emergency orders of 

revocation related to such violations, 

eliminates the unpredictability of 

litigation, and promotes better resource 

allocation. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3645 

Issued in Washington, DC, on January 19, 

2022. 

Cynthia A. Dominik, 

Assistant Chief Counsel for Enforcement. 

[FR Doc. 2022–01308 Filed 1–24–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0276; Airspace 

Docket No. 21–ACE–1] 

RIN 2120–AA66 

Amendment, Establishment, and 

Revocation of Multiple Air Traffic 

Service (ATS) Routes in the Vicinity of 

Neosho, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, correction. 

SUMMARY: The FAA is correcting the 

effective date listed and the area 

navigation (RNAV) routes T–411 and T– 

413 regulatory text title information 

formatting listed in the final rule for 

Docket No. FAA–2021–0276 that 

published in the Federal Register of 

January 14, 2022. That final rule 

amended Jet Route J–181 and VHF 

Omnidirectional Range (VOR) Federal 

airways V–13, V–14, V–15, and V–307; 

established RNAV routes T–411 and T– 

413; and removed VOR Federal airway 

V–506 in the vicinity of Neosho, MO. 

This action reflects the correct final rule 

effective date and the correct RNAV 

routes T–411 and T–413 title 

information formatting. 

DATES: The effective date of the final 

rule published on January 14, 2022 (87 

FR 2320) is corrected to March 24, 2022. 

The Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR part 51, subject to 

the annual revision of FAA Order JO 

7400.11 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA published a final rule for 

Docket No. FAA–2021–0276 in the 

Federal Register (87 FR 2320; January 

14, 2022) amending Jet Route J–181 and 

VOR Federal airways V–13, V–14, V–15, 

and V–307; establishing RNAV routes 

T–411 and T–413; and removing VOR 

Federal airway V–506 in the vicinity of 

Neosho, MO. Subsequent to publication, 

it was determined that the effective date 

published in the final rule incorrectly 

listed the date as January 27, 2022, and 

the regulatory text T–411 and T–413 

title information formatting in the 

descriptions was published in all capital 

letters and did not conform to the FAA 

Order JO 7400.2 regulatory guidance for 

RNAV route descriptions. The correct 

effective date for this action is March 

24, 2022, and the correct T–411 and T– 

413 title information formatting should 

not be in all capital letters. The 

corrections are reflected in this final 

rule correction. 

Need for Correction 

As published, the final rule contained 

errors in the effective date listed and the 

T–411 and T–413 regulatory text title 

information formatting and require 

correction. This corrective action is 

necessary to avoid confusion as to the 

correct effective date and to publish the 

new RNAV route descriptions using the 

correct formatting for that rulemaking, 

Docket No. FAA–2021–0276. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, the effective 

date and the T–411 and T–413 RNAV 

route descriptions reflected in Docket 

No. FAA–2021–0276, as published in 

the Federal Register of January 14, 2022 

(87 FR 2320, FR Doc. 2022–00458), are 

corrected as follows: 

1. In FR Doc. 2022–00458, appearing 

on page 2320, in the second column, at 

lines 1 and 2, correct ‘‘January 27, 2022’’ 

to read ‘‘March 24, 2022.’’ 

■ 2. In FR Doc. 2022–00458, appearing 

on page 2322, in the first column, at line 

9, correct ‘‘T–411 RAZORBACK, AR 

(RZC) TO LINCOLN, NE (LNK) [NEW]’’ 

to read ‘‘T–411 Razorback, AR (RZC) to 

Lincoln, NE (LNK) [New].’’ 

■ 3. In FR Doc. 2022–00458, appearing 

on page 2322, in the first column, at line 

15, correct ‘‘T–413 RAZORBACK, AR 

(RZC) TO PIERRE, SC (PIR) [NEW]’’ to 

read ‘‘T–413 Razorback, AR (RZC) to 

Pierre, SD (PIR) [New].’’ 

Issued in Washington, DC, on January 21, 

2022. 

Michael R. Beckles, 

Manager, Rules and Regulations Group. 

[FR Doc. 2022–01360 Filed 1–24–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0985; Airspace 

Docket No. 21–ASO–28] 

RIN 2120–AA66 

Amendment and Establishment of 

Class E Airspace; Key Largo, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E surface airspace to accommodate Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAPs) serving 

Ocean Reef Club Airport, Key Largo, FL. 

This action also amends Class E 

airspace extending upward from 700 

feet above the surface for Ocean Reef 

Club Airport by updating the geographic 

coordinates of the airport and correcting 

the descriptor by replacing AL with FL. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations in the area. 

DATES: Effective 0901 UTC, March 24, 

2022. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; Telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order JO 7400.11F at NARA, email 

fr.inspection@nara.gov or go to https:// 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: John 

Goodson, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Ave., 

College Park, GA 30337; Telephone 

(404) 305–5966. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 


khammond on DSKJM1Z7X2PROD with RULES