680 

14 CFR Ch. I (1–1–19 Edition) 

§ 67.401 

who has been found capable of per-
forming airman duties without endan-
gering public safety. A SODA does not 
expire and authorizes a designated 
aviation medical examiner to issue a 
medical certificate of a specified class 
if the examiner finds that the condi-
tion described on its face has not ad-
versely changed. 

(c) In granting an Authorization or 

SODA, the Federal Air Surgeon may 
consider the person’s operational expe-
rience and any medical facts that may 
affect the ability of the person to per-
form airman duties including— 

(1) The combined effect on the person 

of failure to meet more than one re-
quirement of this part; and 

(2) The prognosis derived from profes-

sional consideration of all available in-
formation regarding the person. 

(d) In granting an Authorization or 

SODA under this section, the Federal 
Air Surgeon specifies the class of med-
ical certificate authorized to be issued 
and may do any or all of the following: 

(1) Limit the duration of an Author-

ization; 

(2) Condition the granting of a new 

Authorization on the results of subse-
quent medical tests, examinations, or 
evaluations; 

(3) State on the Authorization or 

SODA, and any medical certificate 
based upon it, any operational limita-
tion needed for safety; or 

(4) Condition the continued effect of 

an Authorization or SODA, and any 
second- or third-class medical certifi-
cate based upon it, on compliance with 
a statement of functional limitations 
issued to the person in coordination 
with the Director of Flight Standards 
or the Director’s designee. 

(e) In determining whether an Au-

thorization or SODA should be granted 
to an applicant for a third-class med-
ical certificate, the Federal Air Sur-
geon considers the freedom of an air-
man, exercising the privileges of a pri-
vate pilot certificate, to accept reason-
able risks to his or her person and 
property that are not acceptable in the 
exercise of commercial or airline trans-
port pilot privileges, and, at the same 
time, considers the need to protect the 
safety of persons and property in other 
aircraft and on the ground. 

(f) An Authorization or SODA grant-

ed under the provisions of this section 
to a person who does not meet the ap-
plicable provisions of subparts B, C, or 
D of this part may be withdrawn, at 
the discretion of the Federal Air Sur-
geon, at any time if— 

(1) There is adverse change in the 

holder’s medical condition; 

(2) The holder fails to comply with a 

statement of functional limitations or 
operational limitations issued as a con-
dition of certification under this sec-
tion; 

(3) Public safety would be endangered 

by the holder’s exercise of airman 
privileges; 

(4) The holder fails to provide med-

ical information reasonably needed by 
the Federal Air Surgeon for certifi-
cation under this section; or 

(5) The holder makes or causes to be 

made a statement or entry that is the 
basis for withdrawal of an Authoriza-
tion or SODA under § 67.403. 

(g) A person who has been granted an 

Authorization or SODA under this sec-
tion based on a special medical flight 
or practical test need not take the test 
again during later physical examina-
tions unless the Federal Air Surgeon 
determines or has reason to believe 
that the physical deficiency has or may 
have degraded to a degree to require 
another special medical flight test or 
practical test. 

(h) The authority of the Federal Air 

Surgeon under this section is also exer-
cised by the Manager, Aeromedical 
Certification Division, and each Re-
gional Flight Surgeon. 

(i) If an Authorization or SODA is 

withdrawn under paragraph (f) of this 
section the following procedures apply: 

(1) The holder of the Authorization or 

SODA will be served a letter of with-
drawal, stating the reason for the ac-
tion; 

(2) By not later than 60 days after the 

service of the letter of withdrawal, the 
holder of the Authorization or SODA 
may request, in writing, that the Fed-
eral Air Surgeon provide for review of 
the decision to withdraw. The request 
for review may be accompanied by sup-
porting medical evidence; 

(3) Within 60 days of receipt of a re-

quest for review, a written final deci-
sion either affirming or reversing the 

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