[Federal Register: April 5, 2010 (Volume 75, Number 64)]
[Notices]
[Page 17200-17202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap10-112]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Compliance and Enforcement Bulletin No. 2010-1
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of enforcement policy.
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SUMMARY: This notice announces a limited program to forgo enforcement
action for persons who disclose before September 30, 2010, previous
falsification on applications for airman medical certification
regarding the use of antidepressant medication, the underlying
condition for which the antidepressant was prescribed, and visits to
health professionals in connection with the antidepressant use or
underlying condition.
DATES: Effective Dates: Effective date April 5, 2010. This Notice is
issued simultaneously with ``Special Issuance Medical Certificates to
Applicants Being Treated with Certain Types of Antidepressants,''
[Docket No. FAA-2009-0773].
FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division,
FAA Office of the Chief Counsel, 800 Independence Avenue, SW.,
Washington, DC 20591; 202-267-7721; e-mail address;
susan.caron@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Compliance and Enforcement Bulletin 2010-1, which amends FAA Order
2150.3B, Compliance and Enforcement Programs, is being issued in
connection with FAA policy statement, ``Special Issuance Medical
Certificates to Applicants Being Treated with Certain Types of
Antidepressants,'' [Docket No. FAA-2009-0773]. The Bulletin is intended
to encourage airmen to make a complete disclosure regarding a history
of or current use of antidepressant medications, the underlying
condition for which the antidepressant medication was prescribed, and
associated visits to health professionals so that they can be
considered for special issuance medical certification under the new
policy on the use of certain antidepressants. Under the terms of
Bulletin 2010-1, the FAA will not initiate legal enforcement
[[Page 17201]]
action against applicants for violations of 14 CFR 67.403 regarding
past medical applications if the applicant discloses a history of
antidepressant use, the underlying condition for which the medication
was prescribed, and visits to health professionals in connection with
the antidepressant use or underlying condition on an application for
medical certification made between April 5, 2010 and September 30,
2010.
The Notice
Compliance and Enforcement Bulletin No. 2010-1
Subject: Forgoing enforcement action for persons who disclose
previous falsification on applications for airman medical certification
regarding the use of antidepressant medication, the underlying
condition for which the antidepressant was prescribed, and visits to
health professionals in connection with the antidepressant use or
underlying condition.
Discussion: This Bulletin is issued in connection with FAA policy
statement, ``Special Issuance Medical Certificates to Applicants Being
Treated with Certain Types of Antidepressants,'' [Docket No. FAA-2009-
0773], published in the Federal Register on April 5, 2010. In that
policy statement, the Federal Air Surgeon reiterates his conclusion
that the use of antidepressant medication is disqualifying for airman
medical certification under the standards in subparts B, C, or D of 14
CFR part 67 and, therefore, a basis for denial of medical certification
for airmen using such medication. Until now, the Federal Air Surgeon
generally also has been unwilling to grant the special issuance of
airman medical certificates under 14 CFR 67.401 to airmen who take
antidepressant medications. In his policy statement, however, the
Federal Air Surgeon has announced that he is now prepared to consider,
on a case-by-case basis, applicants who take certain antidepressant
medications identified in the policy for the special issuance of all
classes of medical certification. This change in policy is explained in
the Federal Air Surgeon's policy statement.
The Federal Air Surgeon is aware that some airmen who take
antidepressant medications may have knowingly concealed their use of
the medications on past applications for airman medical certification
in order to obtain a medical certificate. Under FAA's sanction
guidance, the ordinary sanction for intentional falsification of an
application for airman medical certification, an act prohibited by 14
CFR 67.403, is revocation of the airman's medical certificate and all
other airman or ground instructor certificates held by the airman.
The FAA wants to encourage airmen to make a complete disclosure
regarding a history of or current use of antidepressant medications,
the underlying condition for which the antidepressant medication was
prescribed, and associated visits to health professionals so that they
can be considered for special issuance medical certification.
Therefore, the FAA will not initiate legal enforcement action against
applicants for violations of 14 CFR 67.403 regarding past medical
applications if the applicant discloses a history of antidepressant
use, the underlying condition for which the medication was prescribed,
and visits to health professionals in connection with the
antidepressant use or underlying condition on an application for
medical certification made between April 5, 2010 and September 30,
2010. The FAA believes that safety requires that any airman taking
antidepressant medication must be properly evaluated, and if
appropriate, followed, which can be accomplished through the special
issuance certification process. The FAA believes that in the limited
circumstances described in this Bulletin, the benefit of facilitating
the disclosure of antidepressant use will outweigh any harm to the
public interest caused by forgoing FAA enforcement action for
falsification.
The FAA does not have the authority to offer immunity from criminal
prosecution under 18 U.S.C. 1001 for making any materially false,
fictitious, or fraudulent statement or entry on the medical application
(FAA Form 8500-8) because immunity can only be offered by the
Department of Justice (DOJ). However, the FAA and the Department of
Transportation's Office of Inspector General (DOT OIG), the office
through which the FAA makes referrals for possible criminal
prosecution, have agreed that the FAA will not refer cases of apparent
intentional falsification covered by this Bulletin to the DOT OIG for
criminal investigation or prosecution.
The policy set forth in this Bulletin is limited to disclosure of
past and present antidepressant use, the underlying condition for which
the antidepressant medication was prescribed, and visits to health
professionals in connection with the antidepressant use and underlying
condition. It in no way is intended to undermine the FAA's lack of
tolerance for airmen who intentionally falsify applications for airman
medical certification. This Bulletin does not provide any protection
from enforcement action to individuals who may have falsified other
information on FAA Form 8500-8 than that described in this Bulletin.
To benefit from the protection offered under this Compliance and
Enforcement Bulletin, an airman must surrender for cancellation to the
Federal Air Surgeon any current medical certificates. The airman must
apply for a medical certificate between April 5, 2010 and midnight on
September 30, 2010. On the application, the applicant must disclose his
or her complete history of antidepressant use, the underlying condition
for which the medication was prescribed, and visits to health
professionals in connection with antidepressant use or the underlying
condition. If an applicant falsifies any of this information on an
application made on or after April 5, 2010, the FAA may take
enforcement action based on that application and the previously
falsified applications.
The protection from FAA enforcement action for intentional
falsification provided by this Compliance and Enforcement Bulletin
applies to all airmen who meet the requirements of this Bulletin before
midnight on September 30, 2010, regardless of whether the Federal Air
Surgeon is able to find the applicant qualified for the special
issuance of a medical certificate under 14 CFR 67.401. Applicants need
to be aware that the special issuance of a medical certificate is a
decision made at the discretion of the Federal Air Surgeon to
individuals who do not meet the medical standards for an unrestricted
certificate under 14 CFR part 67, subparts B, C, and D only when the
Federal Air Surgeon finds that the individual can perform the duties
authorized by the class of medical certificate applied for without
endangering public safety. It is not likely that all applications will
result in the issuance of a certificate under section 67.401. The
Federal Air Surgeon will consider an airman's individual medical and
psychiatric history and all supporting documentation submitted with the
application on a case-by-case basis before determining whether to grant
the special issuance of a certificate. If the Federal Air Surgeon finds
after completing his assessment that he cannot safely issue an
applicant who has complied with the terms of this Compliance and
Enforcement Bulletin a special issuance medical certificate, the
applicant will receive a final denial letter notifying the applicant
that he or she is not qualified under the part 67 medical standards and
that a special issuance certificate has also been denied. An airman may
petition the National Transportation Safety Board
[[Page 17202]]
for review of the denial under the part 67 medical standards. A denial
of a special issuance certificate may be appealed to an appropriate
United States court of appeals.
FOR FURTHER INFORMATION CONTACT: Susan S. Caron, Enforcement Division,
AGC-300, 800 Independence Avenue, SW., Washington, DC 20591;
susan.caron@faa.gov.
Issued in Washington, DC, on March 30, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-7658 Filed 4-2-10; 8:45 am]
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