title-14-part-60-sec60-29

14 CFR Ch. I (1–1–24 Edition)

§ 60.29

and the care that had been taken of the
device since the last evaluation.

[Docket No. FAA–2002–12461, 71 FR 63426, Oct.
30, 2006, as amended by Docket No. FAA–
2022–1355, Amdt. No. 60–7, 87 FR 75711, Dec. 9,
2022]

§ 60.29

Other losses of qualification

and procedures for restoration of
qualification.

(a) Except as provided in paragraph

(c) of this section, when the responsible
Flight Standards office determines
that the FSTD no longer meets quali-
fication standards, the following proce-
dure applies:

(1) The responsible Flight Standards

office notifies the sponsor in writing
that the FSTD no longer meets some
or all of its qualification standards.

(2) The responsible Flight Standards

office sets a reasonable period (but not
less than 7 days) within which the
sponsor may submit written informa-
tion, views, and arguments on the
FSTD qualification.

(3) After considering all material pre-

sented, the responsible Flight Stand-
ards office notifies the sponsor about
the determination with regard to the
qualification of the FSTD.

(4) When the responsible Flight

Standards office notifies the sponsor
that some or all of the FSTD is no
longer qualified, the action described
in the notification becomes effective
not less than 30 days after the sponsor
receives that notice unless—

(i) The responsible Flight Standards

office finds under paragraph (c) of this
section that there is an emergency re-
quiring immediate action with respect
to safety in air commerce; or

(ii) The sponsor petitions the Execu-

tive Director of Flight Standards Serv-
ice for reconsideration of the respon-
sible Flight Standards office finding
under paragraph (b) of this section.

(b) When a sponsor seeks reconsider-

ation of a decision from the responsible
Flight Standards office concerning the
FSTD qualification, the following pro-
cedure applies:

(1) The sponsor must petition for re-

consideration of that decision within 30
days of the date that the sponsor re-
ceives a notice that some or all of the
FSTD is no longer qualified.

(2) The sponsor must address its peti-

tion to the Executive Director, Flight
Standards Service, Federal Aviation
Administration, 800 Independence Ave.,
SW., Washington, DC 20591.

(3) A petition for reconsideration, if

filed within the 30-day period, suspends
the effectiveness of the determination
by the responsible Flight Standards of-
fice that the FSTD is no longer quali-
fied unless the responsible Flight
Standards office has found, under para-
graph (c) of this section, that an emer-
gency exists requiring immediate ac-
tion with respect to safety in air com-
merce.

ards office find that an emergency ex-
ists requiring immediate action with
respect to safety in air commerce that
makes the procedures set out in this
section impracticable or contrary to
the public interest:

(1) The responsible Flight Standards

office withdraws qualification of some
or all of the FSTD and makes the with-
drawal of qualification effective on the
day the sponsor receives notice of it.

(2) In the notice to the sponsor, the

responsible Flight Standards office ar-
ticulates the reasons for its finding
that an emergency exists requiring im-
mediate action with respect to safety
in air transportation or air commerce
or that makes it impracticable or con-
trary to the public interest to stay the
effectiveness of the finding.

(d) FSTD qualification lost under

paragraph (a) or (c) of this section may
be restored when either of the fol-
lowing provisions are met:

(1) The FSTD successfully passes an

evaluation for initial qualification, in
accordance with §§ 60.15 and 60.17(c) in
those circumstances where the respon-
sible Flight Standards office has deter-
mined that a full evaluation for initial
qualification is necessary; or

(2) The FSTD successfully passes an

evaluation for those elements of an ini-
tial qualification evaluation, in accord-
ance with §§ 60.15 and 60.17(c), as deter-
mined to be necessary by the respon-
sible Flight Standards office.

(e) In making the determinations de-

scribed in paragraph (d) of this section,
the responsible Flight Standards office
considers factors including the reason

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Federal Aviation Administration, DOT

§ 60.33

for the loss of qualification, any re-
pairs or replacements that may have to
have been completed, the number of
continuing qualification evaluations
missed, the number of sponsor-con-
ducted quarterly inspections missed,
and the care that had been taken of the
device since the loss of qualification.

[Docket No. FAA–2002–12461, 71 FR 63426, Oct.
30, 2006, as amended by Docket FAA–2018–
0119, Amdt. 60–5, 83 FR 9170, Mar. 5, 2018;
Docket No. FAA–2022–1355, Amdt. No. 60–7, 87
FR 75711, Dec. 9, 2022]

§ 60.31

Recordkeeping and reporting.

(a) The FSTD sponsor must maintain

the following records for each FSTD it
sponsors:

(1) The MQTG and each amendment

thereto.

(2) A record of all FSTD modifica-

tions affected under § 60.23 since the
issuance of the original Statement of
Qualification.

(3) A copy of all of the following:
(i) Results of the qualification eval-

uations (initial and each upgrade) since
the issuance of the original Statement
of Qualification.

(ii) Results of the objective tests con-

ducted in accordance with § 60.19(a) for
a period of 2 years.

(iii) Results of the previous three

continuing qualification evaluations,
or the continuing qualification evalua-
tions from the previous 2 years, which-
ever covers a longer period.

(iv) Comments obtained in accord-

ance with § 60.9(b) for a period of at
least 90 days.

(4) A record of all discrepancies en-

tered in the discrepancy log over the
previous 2 years, including the fol-
lowing:

(i) A list of the components or equip-

ment that were or are missing, mal-
functioning, or inoperative.

(ii) The action taken to correct the

discrepancy.

(iii) The date the corrective action

was taken.

(iv) The identity of the person deter-

mining that the discrepancy has been
corrected.

(b) The records specified in this sec-

tion must be maintained in plain lan-
guage form or in coded form if the
coded form provides for the preserva-
tion and retrieval of information in a

manner acceptable to the responsible
Flight Standards office.

[Docket No. FAA–2002–12461, 71 FR 63426, Oct.
30, 2006, as amended by Docket No. FAA–
2022–1355, Amdt. No. 60–7, 87 FR 75711, Dec. 9,
2022]

§ 60.33

Applications, logbooks, reports,

and records: Fraud, falsification, or
incorrect statements.

(a) No person may make, or cause to

be made, any of the following:

(1) A fraudulent or intentionally false

statement in any application or any
amendment thereto, or any other re-
port or test result required by this
part.

(2) A fraudulent or intentionally false

statement in or a known omission from
any record or report that is kept,
made, or used to show compliance with
this part, or to exercise any privileges
under this chapter.

(3) Any reproduction or alteration,

for fraudulent purpose, of any report,
record, or test result required under
this part.

(b) The commission by any person of

any act prohibited under paragraph (a)
of this section is a basis for any one or
any combination of the following:

(1) A civil penalty.
(2) Suspension or revocation of any

certificate held by that person that
was issued under this chapter.

(3) The removal of FSTD qualifica-

tion and approval for use in a training
program.

for removal of qualification of an
FSTD including the withdrawal of ap-
proval for use of an FSTD; or denying
an application for a qualification:

(1) An incorrect statement, upon

which the FAA relied or could have re-
lied, made in support of an application
for a qualification or a request for ap-
proval for use.

(2) An incorrect entry, upon which

the FAA relied or could have relied,
made in any logbook, record, or report
that is kept, made, or used to show
compliance with any requirement for
an FSTD qualification or an approval
for use.