medical judgment relating to the condition involved.

(g) An applicant who does not meet the provisions of paragraphs (b) through (f) of this section may apply for the discretionary issuance of a certificate under § 67.19.

(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c))) [Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-9, 37 FR 4072, Feb. 26, 1972; Amdt. 67-10, 41 FR 46433, Oct. 21, 1976; Amdt. 67-11, 47 FR 16308, Apr. 15, 1982]

§ 67.19 Special issue of medical certificates.

(a) At the discretion of the Federal Air Surgeon, a medical certificate may be issued to an applicant who does not meet the applicable provisions of § 67.13, § 67.15, or § 67.17 if the applicant shows to the satisfaction of the Federal Air Surgeon that the duties authorized by the class of medical certificate applied for can be performed without endangering air commerce during the period in which the certificate would be in force. The Federal Air Surgeon may authorize a special medical flight test, practical test, or medical evaluation for this purpose.

(b) The Federal Air Surgeon may consider the applicant's operational experience and any medical facts that may affect the ability of the applicant to perform airman duties including:

(1) The combined effect on the applicant 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 airman.

(c) In determining whether the special issuance of a third-class medical certificate should be made to an applicant, 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 privileges, and, at the same time, considers the need to protect the public safety of persons and property in other aircraft and on the ground.

(d) In issuing a medical certificate under this section, the Federal Air Surgeon may do any or all of the following:

(1) Limit the duration of the certificate.

(2) Condition the continued effect of the certificate on the results of subsequent medical tests, examinations, or evaluations.

(3) Impose any operational limitation on the certificate needed for safety.

(4) Condition the continued effect of a second- or third-class medical certifi cate on compliance with a statement of functional limitations issued to the applicant in coordination with the Director of Flight Operations or the Director's designee.

(e) An applicant who has been issued a medical certificate under this section 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 that the physical deficiency has become enough more pronounced to require another special medical flight or practical test.

(f) The authority of the Federal Air Surgeon under this section is also exercised by the Chief, Aeromedical Certification Branch, Civil Aeromedical Institute, and each Regional Flight Surgeon.

(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c))) [Amdt. 67-11, 47 FR 16308, Apr. 15, 1982]

§ 67.23 Medical examinations: Who may give.

(a) First class. Any aviation medical examiner who is specifically designated for the purpose may give the examination for the first class certificate. Any interested person may obtain a list of these aviation medical examiners, in any area, from the FAA Regional Director of the region in which the areas is located.

(b) Second class and third class. Any aviation medical examiner may give the examination for the second or third class certificate. Any interested person may obtain a list of aviation medical examiners, in any area, from the FAA regional Director of the region in which the area is located.

[Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-8, 35 FR 14075, Sept. } 4, 1970]

§ 67.25 Delegation of authority.

(a) The authority of the Administrator, under section 602 of the Federal Aviation Act of 1958 (49 U.S.C. 1422), to issue or deny medical certificates is delegated to the Federal Air Surgeon, to the extent necessary to

(1) Examine applicants for and holders of medical certificates for compliance with applicable medical standards; and

(2) Issue, renew, or deny medical certificates to applicants and holders based upon compliance or noncompli

ance with applicable medical standards.

Subject to limitations in this chapter, the authority delegated in paragraphs (a)(1) and (2) of this section is also delegated to aviation medical examiners and to authorized representatives of the Federal Air Surgeon within the FAA.

(b) The authority of the Administrator, under subsection 314(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1355(b)), to reconsider the action of an aviation medical examiner is delegated to the Federal Air Surgeon, the Chief, Aeromedical Certification Branch, Civil Aeromedical Institute, and each Regional Flight Surgeon. Where the applicant does not meet the standards of § 67.13(d)(1)(ii), (d)(2)(ii), or (f)(2), § 67.15(d)(1)(ii), (d)(2)(ii), or (f)(2), or § 67.17(d)(1)(ii), (d)(2)(ii), or (f)(2), any action taken under this paragraph other than by the Federal Air Surgeon is subject to reconsideration by the Federal Air Surgeon. A certificate issued by an aviation medical examiner is considered to be affirmed as issued unless an FAA official named in this paragraph on his own initiative reverses that issuance within 60 days after the date of issuance. However, if within 60 days after the date of issuance that official requests the certificate holder to submit additional medical information, he may on his own initiative reverse the issuance within 60 days after he receives the requested information.

(c) The authority of the Administrator, under section 609 of the Federal Aviation Act of 1958 (49 U.S.C. 1429), to re-examine any civil airman, to the extent necessary to determine an airman's qualification to continue to hold an airman medical certificate, is delegated to the Federal Air Surgeon and his authorized representatives within the FAA.

(Sec. 303, 72 Stat. 747, 49 U.S.C. 1344; sec. 602, 72 Stat. 776, 49 U.S.C. 1422; secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Amdt. 67-5, 31 FR 8356, June 15, 1966; Amdt. 67-7, 34 FR 248, Jan. 8, 1969;

34 FR 550, Jan. 15, 1969; Amdt. 67-9, 37 FR 4072, Feb. 26, 1972; Amdt. 67-11, 47 FR 16309, Apr. 15, 1982]

§ 67.27 Denial of medical certificate.

(a) Any person who is denied a medical certificate by an aviation medical examiner may, within 30 days after the date of the denial, apply in writing and in duplicate to the Federal Air Surgeon, Attention: Chief, Aeromedical Certification Branch, Civil Aeromedical Institute, Federal Aviation Administration, Post Office Box 25082, Oklahoma City, Okla. 73125, for reconsideration of that denial. If he does not apply for reconsideration during the 30-day period after the date of the denial, he is considered to have withdrawn his application for a medical certificate.

(b) The denial of a medical certificate

(1) By an aviation medical examiner is not a denial by the Administrator under section 602 of the Federal Aviation Act of 1958 (49 U.S.C. 1422);

(2) By the Federal Air Surgeon is considered to be a denial by the Administrator under that section of the Act; and

(3) By the Chief, Aeromedical Certification Branch, Civil Aeromedical Institute, or a Regional Flight Surgeon is considered to be a denial by the Administrator under the Act except where the applicant does not meet the standards of § 67.13(d)(1)(ii), (d)(2)(ii), or (f)(2), § 67.15(d)(1)(ii), (d)(2)(ii), or (f)(2), or § 67.17(d)(1)(ii), (d)(2)(ii), or (f)(2).

(c) Any action taken under § 67.25(b) that wholly or partly reverses the issue of a medical certificate by an aviation medical examiner is the denial of a medical certificate under paragraph (b) of this section.

(d) If the issue of a medical certificate is wholly or partly reversed upon reconsideration by the Federal Air Surgeon, the Chief, Aeromedical Certification Branch, Civil Aeromedical Institute, or a Regional Flight Surgeon, the person holding that certificate shall surrender it, upon request of the FAA.

(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a),

1421, and 1422); s.c. 6(c), Department of Transportation Act (49 U.S.C. 1655(c))) [Doc. No. 7077, Amdt. 67-5, 31 FR 8357, June 15, 1966, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 67-9, 37 FR 4072, Feb. 26, 1972; Amdt. 67-11, 47 FR 16309, Apr. 15, 1982]

§ 67.29 Medical certificates by senior flight surgeons of armed forces.

(a) The FAA has designated senior flight surgeons of the armed forces on specified military posts, stations, and facilities, as aviation medical examin

ers.

(b) An aviation medical examiner described in paragraph (a) of this section may give physical examinations to applicants for FAA medical certificates who are on active duty or who are, under Department of Defense medical programs, eligible for FAA medical certification as civil airmen. In addition, such an examiner may issue or deny an appropriate FAA medical certificate in accordance with the regula tions of this chapter and the policies of the FAA.

(c) Any interested person may obtain a list of the military posts, sta tions, and facilities at which a senior flight surgeon has been designated as an aviation medical examiner, from the Surgeon General of the armed force concerned or from the Chief, Aeromedical Certification Branch, AC-130, Department of Transportation, Federal Aviation Administration, Civil Aeromedical Institute, Post Office Box 25082, Oklahoma City Okla. 73125.

[Doc. No. 1179, 27 FR 7980, Aug. 10, 1962, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 1967; Amdt. 67-8, 35 FR 14076, Sept. 4. 1970]

§ 67.31 Medical records.

Whenever the Administrator finds that additional medical information or history is necessary to determine whether an applicant for or the holder of a medical certificate meets the med ical standards for it, he requests that person to furnish that information or authorize any clinic, hospital, doctor, or other person to release to the Administrator any available information or records concerning that history. If the applicant, or holder, refuses to

provide the requested medical information or history or to authorize the release so requested, the Administrator may suspend, modify, or revoke any medical certificate that he holds or may, in the case of an applicant,

refuse to issue a medical certificate to him.

(Secs. 303(d), 313(a), 314(b), 601, 602, 609, Federal Aviation Act of 1958 (49 U.S.C. 1344, 1354, 1355(b), 1421, 1422, 1429)) [Amdt. 67-5, 31 FR 8357, June 15, 1966]

SPECIAL FEDERAL AVIATION REGULATION No. 45-1

Contrary provisions of the Federal Aviation Regulations notwithstanding,

1. The Robert Mueller Municipal Airport, Austin, TX, and the Port Columbus International Airport, Columbus, OH, are designated Airport Radar Service Areas (ARSA) airports at which, unless otherwise provided for in a Notice to Airmen issued by the ARSA facility, radar services will be provided continuously.

2. For purposes of this Special Federal Aviation Regulation:

(a) The Austin, TX, ARSA is that airspace extending upward from the surface to and including 4,600 feet MSL within a 5 nautical mile radius of the Robert Mueller Municipal Airport and that airspace extending upward from 2,000 feet MSL to 4,600 feet MSL, within a 10 nautical mile radius of Robert Mueller Municipal Airport from the 027° true bearing from the airport clockwise to the 207° true bearing from the airport and that airspace extending upward from 2,300 feet MSL to 4,600 feet MSL within a 10 nautical mile radius of the airport from the 207° true bearing from the airport clockwise to the 027° true bearing from the airport.

(b) The Columbus, OH, ARSA is that airspace extending upward from the surface to and including 4,800 feet MSL within a 5 nautical mile radius of the Port Columbus International Airport and that airspace extending upward from 2,500 feet MSL to

4,800 feet MSL within a 10 nautical mile radius of Port Columbus International Airport from the 008° true bearing from the airport clockwise to the 127° true bearing from the airport and that airspace extending upward from 2,200 feet MSL to 4,800 feet MSL within a 10 nautical mile radius of the airport from the 127° true bearing from the airport clockwise to the 008° true bearing from the airport.

(c) The primary airport is the airport for which the ARSA is designated; a satellite airport is any other airport, heliport, helipad, etc., within that ARSA.

3. Unless otherwise authorized or required by ATC

(a) Arrivals and Overflights-no person may operate an aircraft in an ARSA unless two-way radio communication is established with ATC prior to entering that ARSA and is thereafter maintained with ATC while within that ARSA;

(b) Departures-no person may operate an aircraft within an ARSA unless two-way radio communication is maintained with ATC while within that ARSA, except that for aircraft departing a satellite airport, two-way radio communication is established as soon as practicable and thereafter maintained with ATC while within that ARSA;

(c) ATC Instructions and Clearancesexcept in an emergency, no person may, while within an ARSA, operate an aircraft contrary to an ATC clearance or instruction;

(d) Traffic Patterns-no person may takeoff or land an aircraft within an ARSA except in compliance with FAA arrival and departure traffic patterns; and

(e) Ultralight Vehicle and Parachute Jump Operations-no person may operate an ultralight vehicle within, or make a para chute jump within or into, an ARSA except under the terms of an ATC authorization issued by the ATC facility having jurisdic tion over that ARSA.

4. In addition to the required preflight ac tions of FAR Section 91.5, each pilot in com. mand shall review NOTAM's pertaining to flight within an ARSA prior to conducting flight in an ARSA.

This SFAR terminates at 12:01 a.m. local time on June 21, 1985, unless sooner superseded or rescinded.

(Secs. 307 and 313(a), Federal Aviation Act of 1985, as amended (49 U.S.C. 1348. 1354(a)); 49 U.S.C. 106(g) (Revised, Pub. L 97-449, January 12, 1983); 14 CFR 11.45; and 14 CFR 11.65)

[Doc. No. 23708, 49 FR 47177, Nov. 30, 1984; 49 FR 49089, Dec. 18, 1984]