[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Rules and Regulations]
[Pages 60057-60059]
[FR Doc No: 2020-21111]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2020-0809]

14 CFR Parts 61, 63, 65 and 67

Settlement Policy for Legal Enforcement Actions Involving Medical
Certificate-Related Fraud, Intentional Falsification, Reproduction, or
Alteration

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notification of enforcement policy.

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SUMMARY: The FAA is adopting a policy for the prompt settlement of
legal enforcement actions against individuals who have violated FAA
regulations proscribing any: Fraudulent or intentionally false
statement on an application for a medical certificate or other document
used to show compliance with any requirement for a medical certificate;
reproduction of a medical certificate for fraudulent purposes; or
alteration of a medical certificate. The policy is expected to afford
eligible individuals who hold an airman or ground instructor
certificate and who are the subject of such a legal enforcement action
the opportunity to apply for a new airman or ground instructor
certificate sooner than in the absence of this policy.

DATES: This notification of enforcement policy is effective September
30, 2020.

FOR FURTHER INFORMATION CONTACT: James Barry, Manager, Policy/Audit/
Evaluation, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone<PHONE_NUMBER><EMAIL_ADDRESS>or Brandon Goldberg,
Attorney, Enforcement Division, AGC-300, Federal Aviation
Administration, 1701 Columbia Ave., College Park, GA 30337; telephone
(404) 305-5230<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under longstanding FAA policy, the revocation of airman, ground
instructor, and medical certificates, and the withdrawal of all special
issuances or SODAs, is the appropriate sanction for violations of 14
CFR 67.403(a)(1) through (4).\1\ The period between the discovery of an
apparent violation of 14 CFR 67.403(a)(1) through (4) and, if
appropriate, the issuance of an order revoking airman, medical, and
ground instructor certificates can be lengthy, making the date on which
an order of revocation will be issued uncertain. Investigative
personnel compile an

enforcement investigative report (EIR) containing evidence relating to
the apparent violation. Such investigations include gathering, among
other evidence, legal and/or medical documentation from various
governmental entities or healthcare providers. Investigative personnel
also include as evidence letters of investigation (LOIs) to apparent
violators and any information provided in response to LOIs. Following
the compilation of evidence, investigative personnel provide analyses
as to how the evidence relates to the violation and recommended
sanction type. The EIR is subject to various levels of review within
the FAA program office. If the program office deems the EIR sufficient,
it transmits the EIR to the Office of the Chief Counsel's Enforcement
Division (AGC-300) for evaluation and, if appropriate, initiation of
legal enforcement action. Accordingly, a variety of factors affect the
timing of the issuance of an order of revocation for an apparent
violation of 14 CFR 67.403(a)(1) through (4).
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    \1\ Under 14 CFR 67.403(a)(1)-(4), a person is prohibited from
making or causing to be made: A fraudulent or intentionally false
statement on any application for a medical certificate or on a
request for any Authorization for Special Issuance of a Medical
Certificate (Authorization) or Statement of Demonstrated Ability
(SODA); a fraudulent or intentionally false entry in any logbook,
record, or report that is kept, made, or used to show compliance
with any requirement for any medical certificate or for any
Authorization or SODA; a reproduction, for fraudulent purposes, of
any medical certificate; or an alteration of any medical
certificate. Under 14 CFR 67.403(b)(1)-(2), a violation of 14 CFR
67.403(a)(1)-(4) is a basis for: Suspending or revoking all airman,
ground instructor, and medical certificates and ratings held by the
violator and withdrawing all Authorizations or SODA's held by the
violator. See also FAA Order 2150.3C, chap. 9, para. 8 (revocation
is appropriate for a violation of 14 CFR 67.403(a)(1)-(4) since such
a violation demonstrates a lack of qualification to hold a
certificate).
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    In addition, FAA regulations generally proscribe individuals whose
airman and ground instructor certificates have been revoked from
applying for new airman and ground instructor certificates for one year
following the effective date of an order of revocation. Under 14 CFR
61.13(d)(2), unless otherwise authorized by the Administrator, a person
whose pilot, flight instructor, or ground instructor certificate has
been revoked may not apply for any certificate, rating, or
authorization for one year after the date of revocation. Under 14 CFR
63.11(d), unless the order of revocation provides otherwise, a person
whose flight engineer or flight navigator certificate is revoked may
not apply for the same kind of certificate for one year after the date
of revocation. Under 14 CFR 65.11(d)(1) and (2), unless the order of
revocation provides otherwise, a person whose air traffic control tower
operator, aircraft dispatcher, or parachute rigger certificate is
revoked may not apply for the same kind of certificate for one year
after the date of revocation; and a person whose mechanic or repairman
certificate is revoked may not apply for either of those kinds of
certificates for one year after the date of revocation.\2\ In short,
following the requisite investigation and case evaluation processes
that take place prior to the issuance of an order revoking airman and
ground instructor certificates for a 14 CFR 67.403(a)(1) through (4)
violation, an applicant may have to wait up to one year following the
issuance of an order to make application for any new such certificate.
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    \2\ The one-year application restriction applicable to revoked
14 CFR parts 61, 63, and 65 certificates does not apply to
certificates issued under 14 CFR part 67.
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    The prompt settlement policy announced in this notice for
violations of 14 CFR 67.403(a)(1)-(4) will generally afford an
individual eligible for the policy the opportunity to apply for any
airman and ground instructor certificate sooner than had the case
proceeded in the absence of the policy. The individual would still be
subject to the one-year post-revocation bar applicable to applications
for new airman or ground instructor certificates, but would have the
opportunity to apply for such certificates generally sooner than under
the current process because much of the investigation and evaluation
processes would be abbreviated or eliminated. Moreover, this policy
will generally add predictability as to when the FAA would issue the
order and, accordingly, when an individual could submit an application
for a new airman or ground instructor certificate.
    The policy will also apply when any controlled substance conviction
or motor vehicle action that is the basis for a violation of 14 CFR
61.15(a), (d), or (e) also forms the basis for an intentional
falsification violation under 14 CFR 67.403(a)(1).\3\ For example, the
policy will apply to: (1) Violations of 14 CFR 67.403(a)(1) and 14 CFR
61.15(e) when the violations were related to the same driving under the
influence conviction; (2) violations of 14 CFR 67.403(a)(1) and 14 CFR
61.15(a) when the violations were related to the same controlled
substance conviction; and (3) violations of 14 CFR 67.403(a)(1) and 14
CFR 61.15(d) and (e) when the violations were related to the same motor
vehicle action or actions.
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    \3\ Under 14 CFR 61.15(a), a conviction for the violation of any
Federal or State statute relating to the growing, processing,
manufacture, sale, disposition, possession, transportation, or
importation of narcotic drugs, marijuana, or depressant or stimulant
drugs or substances is grounds for suspension or revocation of any
certificate, rating, or authorization issued under 14 CFR part 61.
Under 14 CFR 61.15(d), except for a motor vehicle action that
results from the same incident or arises out of the same factual
circumstances, a motor vehicle action occurring within three years
of a previous motor vehicle action is grounds for suspension or
revocation of any certificate, rating, or authorization issued under
14 CFR part 61. Under 14 CFR 61.15(e), each person holding a
certificate issued under this part shall provide a written report of
each motor vehicle action to the FAA not later than 60 days after
the motor vehicle action.
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    In 2018, the FAA implemented a similar policy for commercial pilots
who violate certain FAA drug and alcohol-related prohibitions,
including those involving a disqualifying DOT drug or alcohol test
result or refusal to submit to DOT drug or alcohol testing.\4\ The
appropriate sanction for such violations is the revocation of airman,
ground instructor, and medical certificates held by the commercial
pilot. As with violations of 14 CFR 67.403(a)(1) through (4), a
violation of drug and alcohol testing regulations is subject to
comprehensive investigation, which, in turn, is subject to program
office and Office of the Chief Counsel review before the FAA issues a
revocation order. Further, as mentioned above, an individual whose part
61 certificate is revoked may not apply for a new part 61 certificate,
rating, or authorization for one year after the effective date of the
revocation order.\5\ The FAA's drug and alcohol prompt settlement
policy allows eligible pilots to promptly settle their case with the
FAA and avoid a potentially lengthy investigation and FAA case
evaluation process. In turn, eligible pilots can benefit from an
earlier start of the one-year application waiting period specified in
14 CFR 61.13(d)(2). Further, the policy affords both the pilot and FAA
the opportunity to better allocate resources.
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    \4\ See 83 FR 34040 (Jul. 19, 2018).
    \5\ 14 CFR 61.13(d)(2).
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Statement of Policy

    Under this prompt settlement policy, following the issuance of an
LOI for violations of 14 CFR 67.403(a)(1)-(4), an eligible individual
who is the subject of the legal enforcement action would have the
opportunity to enter into a settlement agreement providing for (1) the
acceptance of the prompt issuance of an order revoking the individual's
airman or ground instructor certificates; (2) the immediate surrender
of the affected certificates in response to the order; and (3) the
waiver of appeal rights. This policy is expected to afford eligible
individuals who are the subject of legal enforcement action for
violating 14 CFR 67.403(a)(1)-(4) the opportunity to apply for a new
airman certificate under 14 CFR parts 61, 63, and 65, or a new ground
instructor certificate under 14 CFR part 61, sooner than in the absence
of such a policy. The policy will also apply when any controlled
substance conviction or motor vehicle action that was the basis for a
violation of 14 CFR 61.15(a), (d), or (e) also forms the basis for an
intentional falsification violation under 14 CFR 67.403(a)(1). Under
this policy, the FAA will send notification to individuals who appear
to have violated those provisions that they may contact the applicable

program office within ten days of receipt of the notice to request
consideration for a prompt settlement of the legal enforcement action.
The FAA will send the notification in conjunction with the LOI.
    Following an individual's request to be considered for application
of this policy, the FAA will determine the individual's eligibility for
the policy. The policy is not available when there is a question about
an individual's qualification to hold a part 61, 63, or 65 certificate
other than that presented by the 14 CFR 67.403(a)(1) through (4)
violation. It is also not available for individuals who the FAA has
found to have previously violated 14 CFR 67.403(a)(1) through (4).
    If the FAA deems application of the prompt settlement policy is
appropriate, AGC-300 enforcement counsel will provide the individual,
or his or her legal representative, a formal agreement that sets forth
the conditions for prompt settlement. The terms of this settlement
agreement will normally include the following provisions.
    (1) The settlement agreement must be executed by the parties within
ten days after the FAA sends the agreement to the individual.
    (2) The FAA will issue an emergency order revoking all airman,
ground instructor, and unexpired medical certificates the individual
holds immediately upon receiving the fully executed settlement
agreement.
    (3) The order of revocation will (i) require the immediate
surrender of all airman, ground instructor, and unexpired medical
certificates the individual holds to enforcement counsel; (ii) notify
the individual that the failure to immediately surrender these
certificates could subject the individual to further legal enforcement
action, including a civil penalty; and (iii) inform the individual that
the FAA will not accept an application for any new airman or ground
instructor certificate for a period of one year from the date of the
issuance of the order of revocation.
    (4) The individual will waive all appeal rights from the order of
revocation.
    (5) The individual acknowledges that this agreement only concerns
this enforcement action brought by the FAA and does not affect any
actions that might be brought by State or other Federal agencies
(whether civil or criminal), and that this agreement does not prevent
the FAA from providing information about this matter to State or other
Federal agencies.
    (6) The parties will agree to bear their own costs and attorney
fees, if any, in connection with the matter.
    (7) The individual will agree to not initiate any litigation before
any court, tribunal, or administrative entity concerning any costs,
damages, or attorney fees, including applications under the Equal
Access to Justice Act, incurred as a result of the above-referenced
matter.
    (8) The individual will agree to waive any and all causes of action
against the FAA and its current and/or former officials and employees
relating to the above-referenced matter.
    This policy is expected to allow eligible individuals to more
quickly apply for new certificates under 14 CFR parts 61, 63, and 65
following violations of 14 CFR 67.403(a)(1)-(4). It will also reduce
uncertainty about the date of issuance of orders of revocation related
to such violations, eliminate the unpredictability of litigation, and
promote better resource allocation.

    Issued in Washington, DC, on September 21, 2020.
Naomi Tsuda,
Assistant Chief Counsel for Enforcement.
[FR Doc. 2020-21111 Filed 9-23-20; 8:45 am]
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