14 C.F.R. § 67.407

Delegation of authority

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(a) The authority of the Administrator under 49 U.S.C. 44703 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 to determine whether they meet applicable medical standards; and

(2) Issue, renew, and deny medical certificates, and issue, renew, deny, and withdraw Authorizations for Special Issuance of a Medical Certificate and Statements of Demonstrated Ability to a person based upon meeting or failing to meet applicable medical standards.

(b) Subject to limitations in this chapter, the delegated functions of the Federal Air Surgeon to examine applicants for and holders of medical certificates for compliance with applicable medical standards and to issue, renew, and deny medical certificates are also delegated to aviation medical examiners and to authorized representatives of the Federal Air Surgeon within the FAA.

(c) The authority of the Administrator under 49 U.S.C. 44702, to reconsider the action of an aviation medical examiner is delegated to the Federal Air Surgeon; the Manager, Aeromedical Certification Division; and each Regional Flight Surgeon. Where the person does not meet the standards of §§ 67.107(b)(3) and (c), 67.109(b), 67.113(b) and (c), 67.207(b)(3) and (c), 67.209(b), 67.213(b) and (c), 67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c), 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 (authorized official) reverses that issuance within 60 days after the date of issuance. However, if within 60 days after the date of issuance an authorized official requests the certificate holder to submit additional medical information, an authorized official may reverse the issuance within 60 days after receipt of the requested information.

(d) The authority of the Administrator under 49 U.S.C. 44709 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 or her authorized representatives within the FAA.

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 2011–2025 · leading case: Martin Ventress v. Japan Airlines, 747 F.3d 716 (9th Cir. 2014).

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Martin Ventress v. Japan Airlines, 747 F.3d 716 (9th Cir. 2014). · cites it 2× “14 C.F.R. § 67.407 . The Federal Air Surgeon, in turn, is authorized to conduct medical examinations of medical certificate applicants to determine whether those applicants meet certain medical standards.”

Friedman v. Fed. Aviation Admin., 890 F.3d 1092 (D.C. Cir. 2018). “§ 44701 (d)(1), the Federal Air Surgeon, to whom the FAA Administrator has delegated his medical certification authority, 14 C.F.R. § 67.407 , has adopted more rigorous medical standards for pilots who fly commercially (first- and second-class) than for those who fly privately…”

Michael Solondz v. FAA, 141 F.4th 268 (D.C. Cir. 2025). “14 C.F.R. § 67.407 . There are three classes of medical certificate—first, second, and third.”

Ventress v. Japan Airlines, 828 F. Supp. 2d 1166 (D. Haw. 2011). “at 22 (citing 14 C.F.R. § 67.407 (a)).] Further, federal regulations specify the standards for medical certificates in three different classes.”

Mutchler v. United States (M.D. Fla. 2021). · cites it 2× “# 52 at ¶ 7); see also 14 C.F.R. § 67.407 (“Subject to limitations in this chapter, the delegated functions of the Federal Air Surgeon to examine applicants for and holders of medical certificates for compliance with applicable medical standards and to issue, renew, and deny…”

Morales v. Fed. Aviation Admin. Aerospace Med. Certificate Div. Manager David M. O'Brien (D. Nev. 2024). · cites it 2× “14 C.F.R. § 67.407 (a)(b). Thus, the denial of a medical certificate by aeromedical 25 certification division manager is “considered to be a denial by the [FAA] [a]dministrator.”

Charles Erwin v. FAA (Pub.) (D.C. Cir. 2021). “14 C.F.R. § 67.407 (a). The Federal Air Surgeon heads the FAA’s Office of Aerospace Medicine, whose mission is to “[e]nhance aerospace safety through aeromedical standards, certification, surveillance, education and research.”

Charles Erwin v. Faa (reissued Pub. Redacted Opinion) (D.C. Cir. 2022). “14 C.F.R. § 67.407 (a). The Federal Air Surgeon heads the FAA’s Office of Aerospace Medicine, whose mission is to “[e]nhance aerospace safety through aeromedical standards, certification, surveillance, education and research.”

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