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[Federal Register: May 26, 2010 (Volume 75, Number 101)]
[Rules and Regulations]               
[Page 29403-29404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my10-1]                         

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Rules and Regulations
                                                Federal Register
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[[Page 29403]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 67

[Docket No. FAA-2009-0773]

 
Special Issuance of Airman Medical Certificates to Applicants 
Being Treated With Certain Antidepressant Medications; Re-Opening of 
Comment Period

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Policy statement; re-opening of comment period.

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SUMMARY: This action re-opens the comment period on a policy statement 
published April 5, 2010, related to special issuance of airmen medical 
certificates to applicants using certain antidepressant medication. The 
comment period is re-opened for 30 days and responds to a request from 
the Air Line Pilots Association, International.

DATES: The comment period for the policy statement published April 5, 
2010, closed May 5, 2010, is re-opened until June 25, 2010.

ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0773 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information you 
provide. Using the search function of our docket Web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for 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://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
http://www.regulations.gov at any time and follow the online 
instructions for accessing the docket, or, Docket Operations in Room 
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, 
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Judi Citrenbaum, Federal Air Surgeon's 
Office, Office of Aerospace Medicine, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591; telephone (202) 
267-9689; facsimile (202) 267-5200, e-mail Judi.M.Citrenbaum@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to participate in formulating 
this policy 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 it. The most helpful 
comments explain (with pertinent references to the text of the policy) 
the reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, please send only 
one copy of written comments, or if you are filing comments 
electronically, please submit your comments only one time.
    We will file in the docket all comments we receive. We will 
consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may make changes in light of the comments we receive.

Availability of the Policy Statement

    You can get an electronic copy using the Internet by:
    (1) Searching the Federal eRulemaking Portal at http://www.regulations.gov;
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; 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 or notice number of this rulemaking.

Background

    On April 5, 2010 [64 FR 17047], the Federal Aviation Administration 
published a policy statement entitled ``Special Issuance of Airman 
Medical Certificates to Applicants Being Treated With Certain 
Antidepressant Medications.'' The FAA established a public docket for 
this policy (FAA-2009-0773) and opened a 30-day comment period until 
May 5, 2010. The Air Line Pilots Association, International (ALPA) 
submitted a comment, dated May 5, 2010, requesting that the FAA extend 
the comment period.
    In its comment ALPA stated this policy change is ``an important 
step in the direction of increasing airline safety.'' In ALPA's view, 
however, ``the new protocol has raised a substantial number of 
questions regarding its application.'' ALPA requested an opportunity 
for a 45-day comment period and specified that this comment period 
should begin ``after the FAA has had the opportunity to answer the 
specific questions raised about the policy's practical application.''
    The FAA has evaluated ALPA's request for additional time to comment 
and is not opposed to re-opening the comment period. Re-opening the 
comment period for 45 days appears unwarranted, however, given the few 
comments received regarding the policy

[[Page 29404]]

and its practical application during the original 30-day comment 
period. Therefore, the FAA will re-open the comment period for 30 days.
    ALPA has not formally submitted to the public docket its specific 
questions about the policy's practical application and, as mentioned, 
few commenters provided input in this regard during the open comment 
period. To receive appropriate consideration, therefore, the FAA 
requests specific information regarding these concerns be provided 
during the next 30 days of the re-opened comment period.

Re-Opening of Comment Period

    In accordance with Sec. 11.47(c) of title 14, Code of Federal 
Regulations, the FAA has reviewed ALPA's comment for extension of the 
comment period to Docket FAA-2009-0773. Since the comment period has 
already closed, the FAA will re-open it for a period of 30 days. The 
petitioner has shown a substantive interest in the policy and has 
provided good cause to grant re-opening of the comment period. The FAA 
has determined that re-opening the comment period is consistent with 
the public interest and that good cause exists for taking this action.
    Accordingly, the comment period is re-opened until June 25, 2010.

    Issued in Washington, DC, on May 20, 2010.
Frederick E. Tilton,
Federal Air Surgeon.
[FR Doc. 2010-12576 Filed 5-25-10; 8:45 am]
BILLING CODE P
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