[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: james.barry@faa.gov.

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


