15 

Federal Aviation Administration, DOT 

§ 60.29 

(ii) For those elements of an evalua-

tion for initial qualification, in accord-
ance with §§ 60.15 and 60.17(c), as deter-
mined to be necessary by the NSPM. 

(2) The NSPM advises the sponsor 

that an evaluation is not necessary. 

(c) In making the determinations de-

scribed in paragraph (b) of this section, 
the NSPM considers factors including 
the number of continuing qualification 
evaluations missed, the number of 
sponsor-conducted quarterly inspec-
tions missed, and the care that had 
been taken of the device since the last 
evaluation. 

§ 60.29

Other losses of qualification 

and procedures for restoration of 
qualification. 

(a) Except as provided in paragraph 

(c) of this section, when the NSPM de-
termines that the FSTD no longer 
meets qualification standards, the fol-
lowing procedure applies: 

(1) The NSPM notifies the sponsor in 

writing that the FSTD no longer meets 
some or all of its qualification stand-
ards. 

(2) The NSPM sets a reasonable pe-

riod (but not less than 7 days) within 
which the sponsor may submit written 
information, views, and arguments on 
the FSTD qualification. 

(3) After considering all material pre-

sented, the NSPM notifies the sponsor 
about the determination with regard to 
the qualification of the FSTD. 

(4) When the NSPM notifies the spon-

sor 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 NSPM finds under paragraph 

(c) of this section that there is an 
emergency requiring 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 NSPM 
finding under paragraph (b) of this sec-
tion. 

(b) When a sponsor seeks reconsider-

ation of a decision from the NSPM con-
cerning the FSTD qualification, the 
following procedure 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 NSPM that the FSTD is no 
longer qualified unless the NSPM has 
found, under paragraph (c) of this sec-
tion, that an emergency exists requir-
ing immediate action with respect to 
safety in air commerce. 

(c) If the NSPM find that an emer-

gency exists requiring immediate ac-
tion with respect to safety in air com-
merce that makes the procedures set 
out in this section impracticable or 
contrary to the public interest: 

(1) The NSPM withdraws qualifica-

tion of some or all of the FSTD and 
makes the withdrawal of qualification 
effective on the day the sponsor re-
ceives notice of it. 

(2) In the notice to the sponsor, the 

NSPM articulates the reasons for its 
finding that an emergency exists re-
quiring immediate action with respect 
to safety in air transportation or air 
commerce or that makes it impracti-
cable or contrary 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 NSPM 
has determined 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 NSPM. 

(e) In making the determinations de-

scribed in paragraph (d) of this section, 
the NSPM considers factors including 
the reason for the loss of qualification, 
any repairs or replacements that may 
have to have been completed, the num-
ber of continuing qualification evalua-
tions missed, the number of sponsor- 

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