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Section 67.401

14 CFR Ch. I (1-1-19 Edition)

who has been found capable of performing airman duties without endangering 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 condition described on its face has not adversely changed.
(c) In granting an Authorization or
SODA, the Federal Air Surgeon may
consider the person-s operational experience and any medical facts that may
affect the ability of the person to perform airman duties including - 
(1) The combined effect on the person
of failure to meet more than one requirement of this part; and
(2) The prognosis derived from professional consideration of all available information regarding the person.
(d) In granting an Authorization or
SODA under this section, the Federal
Air Surgeon specifies the class of medical certificate authorized to be issued
and may do any or all of the following:
(1) Limit the duration of an Authorization;
(2) Condition the granting of a new
Authorization on the results of subsequent medical tests, examinations, or
evaluations;
(3) State on the Authorization or
SODA, and any medical certificate
based upon it, any operational limitation needed for safety; or
(4) Condition the continued effect of
an Authorization or SODA, and any
second- or third-class medical certificate 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 Authorization or SODA should be granted
to an applicant for a third-class medical certificate, the Federal Air Surgeon considers the freedom of an airman, exercising the privileges of a private pilot certificate, to accept reasonable risks to his or her person and
property that are not acceptable in the
exercise of commercial or airline transport 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 granted under the provisions of this section
to a person who does not meet the applicable provisions of subparts B, C, or
D of this part may be withdrawn, at
the discretion of the Federal Air Surgeon, 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 condition of certification under this section;
(3) Public safety would be endangered
by the holder-s exercise of airman
privileges;
(4) The holder fails to provide medical information reasonably needed by
the Federal Air Surgeon for certification 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 Authorization or SODA under Section 67.403.
(g) A person who has been granted an
Authorization or SODA under this section based on a special medical flight
or practical test need not take the test
again during later physical examinations 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 exercised by the Manager, Aeromedical
Certification Division, and each Regional 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 withdrawal, stating the reason for the action;
(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 Federal Air Surgeon provide for review of
the decision to withdraw. The request
for review may be accompanied by supporting medical evidence;
(3) Within 60 days of receipt of a request for review, a written final decision either affirming or reversing the

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