(b) 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 nonprogressive and 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of this section to a person who does not meet the applicable provisions of subparts B, C, or D of this part may be withdrawn, at the discretion of the Federal Air Surgeon, at any time if—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 §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 decision to withdraw will be issued; and
(4) A medical certificate rendered invalid pursuant to a withdrawal, in accordance with paragraph (a) of this section, shall be surrendered to the Administrator upon request.
(j) 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 must be in that person's physical possession or readily accessible in the aircraft.
[Docket No. 27940, 61 FR 11256, Mar. 19, 1996, as amended by Amdt. 67–20, 73 FR 43066, July 24, 2008]