[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18110-18111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06784]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No.: FAA-2020-0312]
Enforcement Policy for Expired Airman Medical Certificates
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notification of enforcement policy.
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SUMMARY: Due to extraordinary circumstances related to the Novel
Coronavirus Disease (COVID-19) pandemic, until June 30, 2020, the
Federal Aviation Administration (FAA) will not take legal enforcement
action against any person serving as a required pilot flight crewmember
or flight engineer based on noncompliance with medical certificate
duration standards when expiration of the required medical certificate
occurs from March 31, 2020, through June 30, 2020.
DATES: The policy described herein is effective from March 31, 2020,
through June 30, 2020.
FOR FURTHER INFORMATION CONTACT: James Barry, Manager, Policy/Audit/
Evaluation, Enforcement Division, Office of the Chief Counsel, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591; telephone: (202) 267-8198; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
FAA regulations set forth the requirements for, and duration of,
medical certificates issued under 14 CFR part 67. A person may serve as
a required pilot flight crewmember of a civil aircraft only if that
person holds the appropriate unexpired medical certificate issued under
14 CFR part 67 (or other documentation acceptable to the FAA).\1\ The
duration of a medical certificate issued to a required pilot flight
crewmember depends on the age of the applicant at the date of the
examination, the type of operation, and class of certificate.\2\ In
addition, a person may serve as a flight engineer of a civil aircraft
only if that person holds an unexpired second-class (or higher) medical
certificate issued under 14 CFR part 67 (or other documentation
acceptable to the FAA).\3\ To receive a new medical certificate, a
person must submit to a medical examination given by an aviation
medical examiner.\4\ Regardless of whatever day a medical certificate
is issued, all medical certificates expire at the end of the last day
of the month of expiration.\5\
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\1\ See 14 CFR 61.2(a)(5), 61.3(c)(1).
\2\ See 14 CFR 61.23.
\3\ See 14 CFR 63.3(b).
\4\ See 14 CFR 67.3, 67.4, 67.405.
\5\ See 14 CFR 61.23(d).
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On March 11, 2020, the World Health Organization (WHO)
characterized COVID-19 as a pandemic, as the rates of infection
continued to rise in many locations around the world and across the
United States. On March 13, 2020, the President declared that the
COVID-19 outbreak in the United States constitutes a national
emergency. COVID-19 cases have been reported in all 50 States as well
as the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin
Islands.
The President's March 13, 2020, declaration observed that the
spread of COVID-19 within our Nation's communities threatens to strain
our Nation's healthcare systems. Widespread transmission of COVID-19
could translate into large numbers of people needing medical care at
the same time. The Centers for Disease Control and Prevention (CDC)
advises that healthcare facilities and clinicians should prioritize
urgent and emergency visits and procedures now and for the
[[Page 18111]]
coming several weeks. The CDC's advice includes rescheduling elective
and non-urgent admissions, and postponing routine dental and eye care
visits. Additionally, the President and the White House Coronavirus
Task Force have announced a program called ``15 Days to Slow the
Spread,'' a nationwide effort to slow the spread of COVID-19 in the
United States through the implementation of social distancing at all
levels of society.
Statement of Policy
It is not in the public interest at this time to maintain the
requirement of an FAA medical examination, which is a nonemergency
medical service, in order for pilots and flight engineers with expiring
medical certificates to obtain new medical certificates. This is
because of the burden that COVID-19 places on the U.S. healthcare
system, and because these aviation medical examinations increase the
risk of transmission of the virus through personal contact between the
physician and the applicant for an airman medical certificate.
Accordingly, as an exercise of the FAA's enforcement discretion,
through June 30, 2020, the FAA will not take legal enforcement action
against any person serving as a required pilot flight crewmember or
flight engineer based on noncompliance with medical certificate
duration standards when expiration of the medical certificate occurs
from March 31, 2020, through June 30, 2020. This discretionary
accommodation does not apply to pilots or flight engineers who lacked
an unexpired medical certificate as of March 31, 2020. Also, regardless
of the date of expiration of a medical certificate, this accommodation
does not commit to non-enforcement for noncompliance with medical
certificate duration standards that occurs after June 30, 2020. This
policy applies only to holders of an FAA-issued medical certificate
serving as a required pilot flight crewmember or flight engineer within
the United States. It does not apply to holders of an FAA-issued
medical certificate serving as a required pilot flight crewmember or
flight engineer outside the United States.
The FAA has determined that those persons subject to this temporary
measure may operate beyond the validity period of their medical
certificate during the effective period of this accommodation without
creating a risk to aviation safety that is unacceptable under the
extraordinary circumstances surrounding the COVID-19 pandemic. The FAA
will reevaluate this decision as circumstances unfold, to determine
whether an extension or other action is needed to address this
pandemic-related challenge.
The relief provided in this notification does not extend to the
requirements of 14 CFR 61.53 and 63.19 regarding prohibition on
operations during medical deficiency. These prohibitions remain
critical for all pilots and flight engineers to observe, especially
given the policy of emergency accommodation announced here and the
health threat of COVID-19. Accordingly, the FAA emphasizes that under
14 CFR 61.53, no person who holds a medical certificate issued under 14
CFR part 67 may act as a required pilot flight crewmember while that
person: (1) Knows or has reason to know of any medical condition that
would make the person unable to meet the requirements for the medical
certificate necessary for the pilot operation; or (2) is taking
medication or receiving other treatment for a medical condition that
results in the person being unable to meet the requirements for the
medical certificate necessary for the pilot operation. Additionally,
under 14 CFR 63.19, no person may serve as a flight engineer during a
period of known physical deficiency, or increase in physical
deficiency, that would make the flight engineer unable to meet the
physical requirements for an unexpired medical certificate.
All required pilot flight crewmembers and flight engineers are to
comply with all other applicable obligations under the FAA's
regulations and other applicable laws. This notification creates no
individual rights of action and establishes no precedent for future
determinations.
Issued in Washington, DC, on March 26, 2020.
Naomi Tsuda,
Assistant Chief Counsel for Enforcement, Federal Aviation
Administration.
[FR Doc. 2020-06784 Filed 3-30-20; 8:45 am]
BILLING CODE 4410-09-P