Requests for Reconsideration - SODA - NTSB
If an Airman's Medical Certification Application is Denied, there are 3 avenues of appeal:
- Ask AMCD (Aerospace Medical Certification Division) to Reconsider
- Request a SODA (Statement of Demonstrated Ability) from the Federal Air Surgeon
- Petition NTSB (National Transportation Safety Board)
Guidance is compiled and interpreted by professional pilots and physicians at FlightPhysical.com from the 2014 AME Guide pages 22-25, FAA and FDA web data (www.FAA.gov & www.FDA.gov), instructions specified in the Aeronautical Information Manual, Federal Air Surgeon Bulletins from 1999-2015, and 14 CFR Part 61 and Part 67 (the FARs).
A. Request for Reconsideration
An Examiner's denial of a medical certificate is not a final FAA denial. An applicant may ask for reconsideration of an Examiner's denial by submitting a request in writing to:
FEDERAL AIR SURGEON ATTN: MANAGE
AEROSPACE MEDICAL CERTIFICATION DIVISION
AAM-331 CIVIL AEROSPACE MEDICAL INSTITUTE
FEDERAL AVIATION ADMINISTRATION
POST OFFICE BOX 26200
OKLAHOMA CITY, OK 73125-0080
The AMCD will provide initial reconsideration. Some cases may be referred to the appropriate Regional Flight Surgeon for action. If the AMCD or a Regional Flight Surgeon finds that the applicant is not qualified, the applicant is denied and advised of further reconsideration and appeal procedures. These may include reconsideration by the Federal Air Surgeon and/or petition for NTSB review.
B. Statement of Demonstrated Ability (SODA)
At the discretion of the Federal Air Surgeon, a Statement of Demonstrated Ability (SODA) may be granted, instead of an Authorization, to a person whose disqualifying condition is static or non-progressive and who has been found capable of performing airman duties without endangering public safety. A SODA does not expire and authorizes a designated Examiner to issue a medical certificate of a specified class if the Examiner finds that the condition described on the SODA has not adversely changed.
In granting a 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:
- The combined effect on the person of failure to meet more than one requirement of part 67; and
- The prognosis derived from professional consideration of all available information regarding the person.
In granting a SODA under the special issuance section of part 67 (14 CFR 67.401), the Federal Air Surgeon specifies the class of medical certificate authorized to be issued and may do any of the following:
- State on the SODA , and on any medical certificate based upon it, any operational limitation needed for safety; or
- Condition the continued effect of a 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
- In determining whether a 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
A SODA granted to a person who does not meet the applicable standards of part 67 may be withdrawn, at the discretion of the Federal Air Surgeon, at any time if:
- There is adverse change in the holder's medical condition;
- The holder fails to comply with a statement of functional limitations or operational limitations issued under the special issuance section of part 67 (14 CFR § 67.401);
- Public safety would be endangered by the holder's exercise of airman privileges;
- The holder fails to provide medical information reasonably needed by the Federal Air Surgeon for certification under the special issuance section of part 67 (14 CFR § 67.401)
- The holder makes or causes to be made a statement or entry that is the basis for withdrawal of a SODA under the falsification section of part 67 (14 CFR § 67.403); or
- A person who has been granted a SODA under the special issuance section of part 67 (14 CFR 67.401), based on a special medical flight or practical test need not take the test again during later medical 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
If a SODA is withdrawn at any time, the following procedures apply:
- The holder of the SODA will be served a letter of withdrawal stating the reason for the action;
- By not later than 60 days after the service of the letter of withdrawal, the holder of the 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;
- Within 60 days of receipt of a request for review, a written final decision either affirming or reversing the decision to withdraw will be issued; and
- A medical certificate rendered invalid pursuant to a withdrawal, in accordance with the special issuance section of part 67 (14 CFR § 67.401 (a)) shall be surrendered to the Administrator upon request
C. National Transportation Safety Board (NTSB)
Within 60 days after a final FAA denial of an unrestricted airman medical certificate, an airman may petition the NTSB for a review of that denial. The NTSB does not have jurisdiction to review the denial of a SODA or special issuance airman medical certificate.
A petition for NTSB review must be submitted in writing to:
NATIONAL TRANSPORTATION SAFETY BOARD
490 L'ENFANT PLAZA, EAST SW
WASHINGTON, DC 20594-0001
The NTSB is an independent agency of the Federal Government that has the authority to review on appeal the suspension, amendment, modification, revocation, or denial of any certificate or license issued by the FAA Administrator.
An Administrative Law Judge for the NTSB may hold a formal hearing at which the FAA will present documentary evidence and testimony by medical specialists supporting the denial decision. The petitioner will also be given an opportunity to present evidence and testimony at the hearing. The Administrative Law Judge’s decision is subject to review by the full NTSB.
This page discussed Airman Appeals
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