Proposed Rule2026-16272
Removal of FAA Third-Class Medical Certificate Requirement for Military Pilot Trainees
Primary source
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Published
August 10, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
FAA proposes to amend regulations to extend the existing exception for U.S. military pilots from the requirement to hold an FAA third-class medical certificate to military pilot trainees who already meet U.S. military pilot medical examination requirements. FAA has determined that U.S. military pilot medical examinations meet or exceed the level of safety established by FAA third-class medical certificate standards. Therefore, it is redundant to require military pilot trainees to meet both standards. The proposed rule would support streamlining the U.S. military use of civilian flight schools. The intended effects are to reduce administrative burdens and costs while maintaining safety standards.
Full Text
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<title>Federal Register, Volume 91 Issue 152 (Monday, August 10, 2026)</title>
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[Federal Register Volume 91, Number 152 (Monday, August 10, 2026)]
[Proposed Rules]
[Pages 51398-51403]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16272]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 152 / Monday, August 10, 2026 /
Proposed Rules
[[Page 51398]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
[Docket No. FAA-2026-9177; Notice No. 26-13]
RIN 2120-AM23
Removal of FAA Third-Class Medical Certificate Requirement for
Military Pilot Trainees
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FAA proposes to amend regulations to extend the existing
exception for U.S. military pilots from the requirement to hold an FAA
third-class medical certificate to military pilot trainees who already
meet U.S. military pilot medical examination requirements. FAA has
determined that U.S. military pilot medical examinations meet or exceed
the level of safety established by FAA third-class medical certificate
standards. Therefore, it is redundant to require military pilot
trainees to meet both standards. The proposed rule would support
streamlining the U.S. military use of civilian flight schools. The
intended effects are to reduce administrative burdens and costs while
maintaining safety standards.
DATES: Send comments on or before October 9, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-9177
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and
follow the online instructions for sending your comments
electronically.
<bullet> Mail: Send comments to Docket Operations, 1200 New Jersey
Avenue SE, West Building, 5th Floor (W58-213), Washington, DC 20590.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building, 5th Floor, at 1200 New
Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W58-213 of
the West Building, 5th Floor, at 1200 New Jersey Avenue SE, Washington,
DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bradley C. Zeigler, Office of Safety
Standards, General Aviation and Commercial Division, Training and
Certification Group, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone (202) 267-1100; email
<a href="/cdn-cgi/l/email-protection#492b3b282d252c30672a67332c202e252c3b092f2828672e263f"><span class="__cf_email__" data-cfemail="1c7e6e7d78707965327f326679757b70796e5c7a7d7d327b736a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
FAA proposes to revise part 61 of title 14 of the Code of Federal
Regulations (14 CFR) to except certain military pilot trainees from the
requirement to have an FAA third-class medical certificate if they have
an up-to-date U.S. military pilot medical examination authorizing pilot
flight status. FAA's proposal, if adopted, would provide military pilot
trainees with the same regulatory relief currently afforded to U.S.
military pilots, codify existing FAA exemptions that support the U.S.
Air Force's use of civilian flight schools for initial pilot training,
and extend the deregulatory benefits of those exemptions to all
branches of the U.S. Armed Forces.
FAA also proposes to introduce definitions for military pilot
medical examination and military pilot trainee to ensure the proposed
exception applies only to military pilot trainees who received a U.S.
military pilot medical examination of equivalent or greater stringency
to that for an FAA third-class medical certificate and who are
currently receiving pilot training in civil aircraft as part of a
military flight training program. This relief would extend to U.S.
military pilot trainees and to foreign military pilot trainees
sponsored by the U.S. Armed Forces who also meet U.S. military pilot
medical examination requirements.
II. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in title
49 of the United States Code (U.S.C.). Subtitle I, section 106
describes, in part, the authority of the FAA Administrator. Subtitle
VII, Aviation Programs, describes in more detail the scope of FAA's
authority.
Specifically, this rulemaking is issued under the authority
described in subtitle VII, part A, subpart III, sections 44701-44703.
Under section 44701, FAA is charged with prescribing regulations and
minimum standards for cybersecurity and other practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. Under sections 44702 and 44703, FAA is also authorized to
issue airman certificates, including airman medical certificates, when
the Administrator finds, after investigation, the individual is
qualified for, and physically able to perform the duties related to the
position to be authorized by the certificate. This proposed rule is
within the scope of those authorities because it would allow
individuals who have already been issued medical authorization by the
U.S. military for qualification as a U.S. military pilot trainee to
engage in civil flight operations without needing to obtain an FAA
third-class medical certificate.
III. Background
A. Military Use of Civil Pilot Training
The United States Air Force (USAF) Air Education and Training
Command (AETC) has taken steps to increase flight training capacity by
leveraging civilian pilot schools to train military pilot trainees.
Under this model, academic institutions provide civilian training
programs at pilot schools to supplement USAF military pilot schools.
Military pilot trainees graduate from these FAA-certificated pilot
schools \1\ with an FAA-issued private pilot certificate with an
airplane category, multiengine land class rating, and an instrument-
airplane rating. The USAF AETC uses this civilian training approach to
meet the
[[Page 51399]]
annual demands for new military pilots reliably, while enhancing
flexibility and scalability.
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\1\ Pilot schools or provisional pilot schools used under this
program are certificated by FAA as meeting the requirements of 14
CFR part 141. They are often referred to as part 141 pilot schools
or provisional pilot schools.
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In addition to training U.S. military pilot trainees,\2\ USAF and
other branches of the U.S. Armed Forces partner with military
organizations of other allied countries to train non-U.S. military
pilots. These foreign military pilot trainees are members of U.S.-
allied military organizations who also receive U.S. Armed Forces-
sponsored training at part 141 pilot schools. This flight training is
conducted under agreements between the U.S. and foreign governments,
and the foreign military pilot trainees are cleared by both the
trainee's military organization and the branch of the U.S. Armed Forces
sponsoring the training to meet eligibility requirements for security,
medical fitness, and aptitude.
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\2\ FAA proposes to define ``military pilot trainee'' as a
member of the U.S. Armed Forces or of a foreign military who is
receiving pilot training sponsored by a branch of the U.S. Armed
Forces.
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Under current FAA regulations, applicants for an FAA pilot
certificate or rating, including military pilot trainees, are generally
required to have an FAA third-class airman medical certificate to
conduct solo flights and take practical tests in civil aircraft.\3\
Therefore, a prospective student of a part 141 pilot school must have
at least an FAA third-class medical certificate to be eligible to
conduct the solo flights and practical tests required under the pilot
school's FAA-approved curriculum leading to the issuance of a private
pilot certificate or applicable instrument or class rating.
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\3\ See 14 CFR 61.3(c)(1) and 61.23(a)(3).
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B. Regulatory History and Exemptions
In 2009, as part of an amendment to part 61 (2009 final rule), FAA
revised Sec. Sec. 61.3(c) and 61.23(b) to relieve military pilots
engaged in civil flight operations from the requirement to have an FAA
third-class airman medical certificate if they already have an up-to-
date military medical examination for pilot status.\4\ This change was
made because FAA determined the medical examinations provided by a U.S.
Armed Forces medical facility to military pilots equal or exceed the
content and quality of a third-class medical examination required by
FAA.\5\ The 2009 final rule, however, did not extend this equivalency
to individuals who have not been authorized for military pilot status,
such as military pilot trainees.
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\4\ See the Pilot, Flight Instructor, and Pilot School
Certification final rule, 74 FR 42500, 42509-10 (Aug. 21, 2009).
\5\ Id.; see also the Pilot, Flight Instructor, and Pilot School
Certification NPRM, 72 FR 5806, 5814 (Feb. 7, 2007).
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On October 18, 2018, the USAF Air Force Security Assistance
Training (AFSAT) Squadron petitioned FAA for an exemption from the
third-class airman medical certificate requirements to allow
International Military Students (IMS) \6\ conducting civil flight
training sponsored by the Department of Defense (DoD) \7\ to use their
military medical authorizations in lieu of an FAA-issued third-class
medical certificate. AFSAT sought this relief to coordinate IMS
training in civil aircraft in the United States better and minimize
delays resulting from trainees applying for third-class medical
certificates after arriving in the U.S. and prior to beginning
training. Noting that IMS trainees receive the same level of military
medical examination as U.S. Armed Forces pilot trainees, FAA provided
the relief AFSAT sought in Grant of Exemption No. 18245, issued on June
6, 2019.\8\
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\6\ USAF AFSAT referred to training candidates in their petition
for exemption as ``International Military Students.'' Because the
term ``student'' or ``student pilot'' has a specific definition
under subpart C of part 61, this NPRM refers to those individuals as
``foreign military pilot trainees'' outside the discussion of the
exemption request.
\7\ Department of Defense or DOD is the legal name of the
sponsoring agency in this circumstance. On September 5, 2025, the
President issued Executive Order 14347, ``Restoring the United
States Department of War'' authorizing the use of the secondary
title ``Department of War'' for the sponsoring agency in non-
statutory communications.
\8\ FAA notes that in Grant of Exemption No. 18245, the question
of military medical equivalency was specifically considered with
regard to International Military Students, but FAA found that the
foreign military pilot trainees received a U.S. military flight
physical prior to any civilian or military flight training. Further,
FAA notes that in Grant of Exemption No. 18245, FAA provided relief
to 14 CFR 61.23(b)(9). Since that relief was issued, Sec. 61.23 was
revised so that paragraph (b)(9) is now paragraph (b)(11). Exemption
No. 18245 has been extended twice, and most recently Grant of
Exemption No. 18245B was issued on June 13, 2024. Docket No. FAA-
2018-0968 is available at <a href="https://www.regulations.gov/docket/FAA-2018-0968/document">https://www.regulations.gov/docket/FAA-2018-0968/document</a>.
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On May 15, 2025, USAF AETC likewise petitioned FAA for relief from
the FAA third-class medical certificate requirement for the training of
USAF pilot trainees at part 141 pilot schools. In its evaluation of
that petition, FAA referenced the AETC assertion that ``all USAF
student pilots must meet and maintain USAF IFC I [Initial Flying Class
I] standards, which are more stringent than USAF Initial Flying Class
II (IFC II) standards that are the basis for the Sec. 61.23(b)(11)
military pilot carve out.'' Based on this determination, and the fact
that the circumstances presented in the AETC petition for exemption
were similar in all material respects to the previously issued USAF
AFSAT grant of exemption, FAA granted Exemption No. 23890 to USAF \9\
AETC on May 30, 2025.\10\
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\9\ While the existing exemptions have thus far only applied to
the USAF, FAA has consulted with other branches of the U.S. Armed
Forces to discuss current and future training plans and how the
exception proposed in this rulemaking would affect those plans.
\10\ See Docket No. FAA-2025-1044 available at <a href="https://www.regulations.gov/document/FAA-2025-1044-0002">https://www.regulations.gov/document/FAA-2025-1044-0002</a>.
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IV. Discussion of the Proposal
FAA proposes to provide military pilot trainees with the same
regulatory relief currently afforded to U.S. military pilots, to codify
in 14 CFR part 61 the burden-relieving exemptions already extended to
the U.S. Air Force, and to extend that regulatory relief to all
branches of the U.S. Armed Forces. This proposal would apply to
military pilot trainees sponsored by the U.S. Air Force, U.S. Army,
U.S. Marine Corps, U.S. Navy, U.S. Space Force, U.S. Coast Guard, and
National Guard and Reserve units. FAA recognizes the requirement to
have an FAA-issued third-class airman medical certificate is
unnecessary for those military pilot trainees who have already
undergone extensive medical examination through their branch of the
U.S. Armed Forces. This proposed rule would remove the administrative
burden on the U.S. Armed Forces of the time and expense associated with
ensuring military pilot trainees meet the FAA third-class medical
certificate requirement. This proposed rule would also reduce the
volume of third-class medical certificate applications requiring FAA
consideration.
The proposed rule is only intended to apply to military pilot
trainees who have received a U.S. military medical examination and are
actively receiving flight training under the sponsorship of a branch of
the U.S. Armed Forces. While the proposed relief is intended to relieve
military pilot trainees from the burden of obtaining an FAA third-class
medical certificate to engage in civil pilot training, the relief
proposed is not limited to flight training conducted under part 61 or
part 141 only. Consistent with the relief presently granted to military
pilots, the proposed relief would allow military pilot trainees to act
as pilot in command of an aircraft without holding an FAA medical
certificate if the flight does not require higher than a third-class
medical certificate. For example, a military pilot trainee who obtained
his or her private pilot certificate may act as the pilot in command of
a recreational flight not associated with the civil pilot training
program without holding an FAA
[[Page 51400]]
medical certificate. This proposed relief would continue as long as
that person met the definition of military pilot trainee or became a
U.S. military pilot (and, as further discussed in this preamble, has an
up-to-date U.S. military pilot medical examination).
FAA proposes to define military pilot trainee and military pilot
medical examination to ensure the exception will only apply in
situations where excepting the pilot trainee from the requirements of
Sec. Sec. 61.3(c) and 61.23(a)(3) does not result in a reduction in
safety within the National Airspace System (NAS). FAA invites comments
on this limited scope of the proposed rule.
A. Removal of Redundant Medical Certification Requirement
Currently, Sec. 61.3(c)(2)(xii) provides an exception to the
requirement that a required pilot flightcrew member have an FAA third-
class medical certificate if that person is a pilot of the U.S. Armed
Forces, has an up-to-date U.S. military medical examination, and holds
military pilot flight status. Further, Sec. 61.23(b)(11) provides that
a military pilot of the U.S. Armed Forces is not required to hold an
FAA third class medical certificate when the pilot can show evidence of
an up-to-date medical examination authorizing pilot flight status
issued by the U.S. Armed Forces, the flight does not require higher
than a third-class medical certificate, and the flight conducted is a
domestic flight operation within U.S. airspace. As discussed in the
preamble to the 2009 final rule, FAA has found that the military
medical standards met by pilot applicants--many who will conduct
complex military exercises or combat operations--are, by nature and of
necessity, more stringent and, therefore, exceed the minimum 14 CFR
part 67 third-class medical standards.\11\ Current regulations,
however, do not provide a similar exception from the requirement to
hold an FAA third-class medical certificate for military pilot
trainees, despite the fact that they meet the same or higher military
medical standards. Thus, military pilot trainees are required to obtain
an FAA third-class medical certificate in addition to their U.S.
military medical examination to undertake flight training in civil
aircraft.
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\11\ See 74 FR at 42510.
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The issue arising for both U.S. Armed Forces pilot trainees and
U.S. Armed Forces-sponsored foreign military pilot trainees is that a
military pilot trainee is not a military pilot who is authorized for
full military pilot flight status and is therefore not eligible for the
exception currently provided in Sec. 61.23(b)(11). This distinction
was not intentional; FAA recognizes, as discussed in the existing
exemptions and in this proposed rule, the U.S. military's medical
requirements for military pilot trainees who will operate in the air
meet or exceed the level of safety provided by an FAA third-class
medical certificate, where required by FAA. Likewise, in Exemption No.
18245, FAA noted that ``International Military Students receive the
same DoD Class 1 flight physical that all DoD pilots receive prior to
any civilian or military flight training.'' \12\ When U.S. and foreign
military pilot trainees undergo and demonstrate to the U.S. military
that they meet or exceed requirements of the same medical examination
used to qualify military pilots for general pilot flight status, it
follows that they are meeting or exceeding the level of safety
established by part 67 third-class medical standards.\13\
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\12\ See Regulatory Docket No. FAA-2018-0968.
\13\ See 74 FR at 42510.
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Accordingly, FAA proposes to extend the medical certificate relief
for military pilots in Sec. Sec. 61.3(c)(2)(xii) and 61.23(b)(11) to
include both U.S. military pilot trainees and foreign military pilot
trainees sponsored by the U.S. Armed Forces who can show evidence of an
up-to-date U.S. military pilot medical examination authorizing pilot
flight status issued by the U.S. Armed Forces.
B. Definitions
FAA airman medical certification ensures that only those pilots who
are physically and mentally fit will be authorized to operate aircraft,
enhancing aviation safety by mitigating the risk of medical factors as
a cause of aircraft accidents. To ensure that the proposed exception
from the requirements of Sec. Sec. 61.3 and 61.23 would only apply
where it results in an equivalent level of safety, the rule proposes to
add two definitions to Sec. 61.1. First, FAA proposes to define
military pilot trainee as ``a member of the U.S. Armed Forces, or of a
foreign military, who is receiving pilot training sponsored by a branch
of the U.S. Armed Forces.'' Second, FAA proposes to define military
pilot medical examination as ``a medical examination conducted by a
branch of the U.S. Armed Forces for the purpose of establishing medical
eligibility for a military pilot or military pilot trainee to perform
military pilot duties onboard military aircraft.''
In defining military pilot trainee, FAA seeks to ensure only
military personnel who are actively receiving U.S. military-sponsored
pilot training would be excepted from the third-class medical
certificate requirement. Military pilot trainees who are voluntarily or
involuntarily separated from the training program would no longer
qualify for relief under this proposed rule, regardless of whether the
military medical examination is still valid. This proposed limitation
would be consistent with the scope of the current regulations, which
apply to military pilots only if they are authorized for pilot flight
status. Further, in some cases, recipients of military pilot medical
examinations may receive waivers for certain medical conditions that
would otherwise be disqualifying. FAA notes the standards associated
with waivers granted under military pilot medical examinations are
predicated on access to and interaction with military flight surgeons
who are ultimately responsible for ensuring military pilots and
military pilot trainees are medically qualified to engage in flight
operations. Military pilots and military pilot trainees may receive
waivers for conditions on the basis that those individuals are under
the care of a military flight surgeon who may actively monitor a
specific medical condition and proactively ground the pilot if the
condition changes in a way that would make further flight operations
unsafe. Individuals who are not engaged in flight training may no
longer have access to this medical oversight and could potentially pose
a safety risk to the NAS.
FAA also proposes a definition for military pilot medical
examination. FAA proposes this definition to account for the U.S. Armed
Forces conducting military medical examinations for roles other than
military pilots or those that would involve attending civil pilot
schools as military pilot trainees. The medical examinations required
for these positions vary among branches of the U.S. Armed Forces and by
role and may not meet or exceed the level of safety established by FAA
third-class medical certificate standards in all cases. Therefore, only
U.S. Armed Forces medical examinations intended for military pilots who
will operate in the air onboard military aircraft and will perform
military pilot duties would meet the requirement for a U.S. military
medical examination and would except those military pilots or military
pilot trainees from the requirement to have an FAA third-class medical
certificate.
Accordingly, FAA proposes to define military pilot medical
examination in Sec. 61.1 for purposes of part 61 as a medical
examination conducted by a branch of the U.S. Armed Forces for the
[[Page 51401]]
purpose of establishing medical eligibility for a military pilot or
military pilot trainee performing military pilot duties onboard
military aircraft. This proposed definition differentiates the military
pilot medical examinations required to perform in-flight pilot duties
recognized by FAA as meeting or exceeding the level of safety
established by an FAA third-class medical certificate from other U.S.
Armed Forces medical examinations. The U.S. Armed Forces have the
option to require other personnel to meet the same medical examination
requirements used to qualify military pilots or military pilot
trainees, and in doing so, would then bring those military personnel
under the exception proposed in this rule while those personnel also
meet the proposed definition of pilot trainee.
The proposed definition would clarify that these exceptions do not
apply to military medical examinations that only authorize remote
piloting flight status. The 2009 final rule did not contemplate the use
of remote pilots by the U.S. Armed Forces, and FAA did not evaluate
whether military medical examinations conducted for military remote
pilots meet or exceed the level of safety established by an FAA third-
class medical certificate.
FAA invites comments on whether remote pilots or non-pilot
flightcrew members who receive military pilot medical examinations
should be granted additional relief from holding an FAA third-class
medical certificate under this proposed rule. Further, FAA seeks
comment on whether military personnel who receive military medical
examinations intended for roles other than pilot flightcrew members
should be extended relief from holding an FAA third-class medical
certificate.
V. Regulatory Notices and Analyses
A. Regulatory Impact Analysis
Executive Order (E.O.) 12866 (``Regulatory Planning and Review'')
and E.O. 13563 (``Improving Regulation and Regulatory Review'') require
agencies to regulate in the ``most cost-effective manner,'' to make a
``reasoned determination that the benefits of the intended regulation
justify its costs,'' and to develop regulations that ``impose the least
burden on society.'' The Office of Management and Budget has determined
this proposed rule is not a significant regulatory action as defined in
section 3(f) of Executive Order 12866.
This proposed rule would provide time savings for U.S. military
pilot trainees and U.S. Armed Forces-sponsored foreign military pilot
trainees by removing the requirement that these pilot trainees hold an
FAA third-class medical certificate when receiving training conducted
under part 61 or under part 141.
Based on information provided by the U.S. Air Force about pilot
trainees exempted from holding an FAA third-class medical certificate
in the past seven years, FAA estimates 1,850 U.S. Armed Forces military
pilot trainees \14\ and 150 U.S. Armed Forces-sponsored foreign
military pilot trainees would be affected each year, for a total of
2,000 military pilot trainees. FAA assumes, for the purposes of this
analysis, these U.S. and foreign military pilot trainees operate under
exemptions that expire in year two of the rule.\15\ If this rule is not
finalized as proposed, by year two, these pilot trainees would be
required to obtain an FAA third-class medical certificate. This
proposed rule would eliminate that requirement. The U.S. Air Force has
identified a further 450 trainees who are not eligible under the
current regulatory framework but could be eligible under the proposed
rule. Thus, cost savings would be realized in year two of the analysis
of this proposed rule.
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\14\ This figure includes 1,400 pilot trainees training to be
pilots, as well as 240 combat systems officers and 210 remotely
piloted aircraft pilots who could use civilian flight schools to
conduct their initial pilot training.
\15\ The current U.S. Air Force exemption is set to expire in
2027, which covers pilot trainees.
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The 2019 NPRM ``Removal of Check Pilot Medical Certificate
Requirement'' \16\ found the cost for an applicant to apply for a
medical certificate is $437 \17\ per certificate. The U.S. Armed Forces
currently bear this cost, which this proposed rule would avert. The
2022 rule ``Medical Certification Standards for Commercial Balloon
Operations'' \18\ found the cost to review an application, if the
applicant meets the standards for a third-class medical certificate
under subpart D of 14 CFR part 67, is $36 \19\ per certificate. These
cost savings sum to $946,000 \20\ per year and would be realized
starting in 2027 (year 2 of this analysis). FAA invites comment on
these assumptions and figures.
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\16\ Removal of Check Pilot Medical Certificate Requirement
NPRM, 84 FR 25499 (Jun. 3, 2019).
\17\ This is in 2025 USD. The original figure is $346 in 2019
USD. $346 2019 USD x 317.61 (2025 CPI)/251.712 (2019 CPI) = $437
2025 USD. This and all following CPIs are from the Bureau of Labor
Statistics, using the ``All Urban Consumers'' series. This can be
found at <a href="https://www.bls.gov/cpi/data.htm">https://www.bls.gov/cpi/data.htm</a>.
\18\ Medical Certification Standards for Commercial Balloon
Operations final rule, 87 FR 71218 (Nov. 22, 2022).
\19\ $30 2021 USD x 317.671 (2025 CPI)/281.148 (2022 CPI) = $36
2025 USD.
\20\ $437 from U.S. Armed Forces + $36 from FAA per application
x 2,000 applications per year.
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Because military pilot trainees undergo rigorous medical
examinations, FAA assumes no applicants require a special issuance of
an FAA third-class medical certificate. To date, few, if any, military
pilot trainees have required a special issuance. Therefore, FAA assumes
there would be no cost savings related to the special issuance of FAA
third-class medical certificates from this proposed change.
This proposed rule would impose no new costs and would result in
cost savings for the U.S. Armed Forces from eliminating the requirement
for military pilot trainees to obtain FAA third-class medical
certificates and for FAA to review those certificate applications. FAA
estimates this proposed rule would result in cost savings of $2.9
million over five years ($730,373 annualized) at a seven percent
discount rate, or $3.4 million over five years ($745,452 annualized) at
a three percent discount rate.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), and the Small Business Jobs Act of 2010 (Pub.
L. 111-240), requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term ``small entities''
comprises small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This proposed rule does not add any new costs to regulated
entities, and has only modest cost savings. Furthermore, all regulated
entities are not considered small entities by the Small Business
Administration. If an agency determines a rulemaking will not result in
a significant economic impact on a substantial number of small
entities, the head of the agency may so certify under section 605(b) of
the RFA. Therefore, as provided in section 605(b) and based on the
foregoing, the head of FAA certifies this proposed rule would not
result in a significant economic impact on a substantial number of
small entities.
FAA welcomes comments on this certification.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
[[Page 51402]]
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, they be the basis for U.S. standards.
FAA has assessed the potential effect of this proposed rule and has
determined it ensures the safety of the American public and does not
exclude imports that meet this objective. As a result, FAA does not
consider this proposed rule as creating an unnecessary obstacle to
foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. FAA determined the proposed rule would not result in the
expenditure of $193,000,000 or more ($100,000,000 adjusted for
inflation using the most current Implicit Price Deflator for the Gross
Domestic Product) by State, local, or Tribal governments, in the
aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FAA consider the impact of paperwork and other information
collection burdens imposed on the public. Information collection 2120-
0034, Medical Standards and Certification, is the information
collection associated with the requirements to obtain an FAA medical
certificate. FAA collects this medical information only when an
individual initially applies for or renews an FAA medical certificate.
Because the military pilot trainees who are the subject of this
proposed rule generally have not applied for an FAA third-class medical
certificate as part of their military duties because of the exemptions
granted to the U.S. Air Force, FAA does not believe there will be any
reduction in the burdens associated with this information collection.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these regulations.
G. Environmental Analysis
FAA has analyzed the environmental impacts of this proposed rule
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321 et seq.). FAA has determined this rule is categorically
excluded pursuant to Paragraph B-2.6(f) of Appendix B to FAA Order
1050.1G, FAA National Environmental Policy Act Implementing
Procedures.\21\ Categorical exclusions are categories of actions the
agency has determined normally do not significantly affect the quality
of the human environment and therefore do not require either an
environmental assessment (EA) or an environmental impact statement
(EIS).\22\ In analyzing the applicability of a categorical exclusion,
the agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS.\23\ This
rulemaking, which proposes to remove the requirement for U.S. military
pilot trainees and foreign military pilot trainees sponsored by the
U.S. Armed Forces to hold FAA third-class airman medical certificates,
is categorically excluded pursuant to Paragraph B-2.6(f) of FAA Order
1050.1G: ``Regulations, standards, and exemptions (excluding those that
if implemented may cause a significant impact on the human
environment).'' FAA does not anticipate any environmental impacts, and
there are no extraordinary circumstances present in connection with
this rulemaking.
---------------------------------------------------------------------------
\21\ 90 FR 29615 (Jul. 3, 2025).
\22\ See DOT Order 5610.1D Sec. 9.
\23\ Id. Sec. 9(b).
---------------------------------------------------------------------------
VI. Executive Order Determinations
A. E.O. 13132, Federalism
FAA has analyzed this NPRM under the principles and criteria of
Executive Order 13132, Federalism. FAA has determined this action will
not have a substantial direct effect on the States, or the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government,
and, therefore, will not have federalism implications.
B. E.O. 13211, Regulations That Significantly Affect Energy Supply,
Distribution, or Use
FAA analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. FAA has determined it is not a ``significant
energy action'' under the Executive order and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
C. E.O. 13609, Promoting International Regulatory Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. FAA has analyzed
this action under the policies and agency responsibilities of Executive
Order 13609 and has determined this action will have no effect on
international regulatory cooperation.
D. E.O. 14192, Unleashing Prosperity Through Deregulation
This proposed rule, if finalized as proposed, is expected to be an
Executive Order 14192 deregulatory action.
VII. Additional Information
A. Comments Invited
FAA invites interested persons to participate in this proposed
rulemaking by submitting written comments, data, or views. FAA also
invites comments relating to economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should submit only one time if comments
are filed electronically, or commenters should send only one copy of
written comments if comments are filed in writing.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rule. Before acting on this
[[Page 51403]]
proposal, FAA will consider all comments it receives on or before the
closing date for comments. FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. FAA may change this proposal in light of the comments
it receives.
Privacy: In accordance with 5 U.S.C. 553(c), FAA solicits comments
from the public to inform its rulemaking process better. FAA posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' FAA will treat such
marked submissions as confidential under the FOIA, and they will not be
placed in the public docket of this NPRM. Submissions containing CBI
should be sent to the person in the FOR FURTHER INFORMATION CONTACT
section of this document. Any commentary that FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at <a href="http://www.regulations.gov">www.regulations.gov</a> using
the docket number listed above. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
<a href="http://www.federalregister.gov">www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. A copy may also be found at FAA's Regulations and
Policies website at <a href="http://www.faa.gov/regulations_policies">www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this NPRM, including
economic analyses and technical reports, may be accessed in the
electronic docket for this rulemaking.
D. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the internet, visit <a href="http://www.faa.gov/regulations_policies/rulemaking/sbre_act/">www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
List of Subjects in 14 CFR Part 61
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
The Proposed Amendment
For the reasons discussed in the preamble, FAA proposes to amend
chapter I of title 14, Code of Federal Regulations as follows:
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 45301-45302.
0
2. Amend Sec. 61.1(b) by adding the definitions of ``military pilot
medical examination'' and ``military pilot trainee,'' in alphabetical
order, to read as follows:
Sec. 61.1 Applicability and definitions.
* * * * *
(b) * * *
Military pilot medical examination means a medical examination
conducted by a branch of the U.S. Armed Forces for the purpose of
establishing medical eligibility for a military pilot or military pilot
trainee to perform military pilot duties onboard military aircraft.
Military pilot trainee means a member of the U.S. Armed Forces, or
of a foreign military, who is receiving pilot training sponsored by a
branch of the U.S. Armed Forces.
* * * * *
0
3. Amend Sec. 61.3 by revising paragraph (c)(2)(xii) to read as
follows:
Sec. 61.3 Requirement for certificates, ratings, privileges, and
authorizations.
* * * * *
(c) * * *
(2) * * *
(xii) Is a military pilot of the U.S. Armed Forces or a military
pilot trainee, has an up-to-date U.S. military pilot medical
examination, and holds military pilot or military pilot trainee flight
status;
* * * * *
0
4. Amend Sec. 61.23 by revising paragraph (b)(11) introductory text to
read as follows:
Sec. 61.23 Medical certificates: Requirement and duration.
* * * * *
(b) * * *
(11) When a military pilot of the U.S. Armed Forces or military
pilot trainee can show evidence of an up-to-date U.S. military pilot
medical examination and--
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
44702, and 44703 in Washington, DC.
Hugh J. Thomas,
Executive Director, Flight Standards Service.
[FR Doc. 2026-16272 Filed 8-7-26; 8:45 am]
BILLING CODE 4910-13-P
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