60.25 Operation with Missing, Malfunctioning, or Inoperative Components

14 CFR Part 60 – Flight Simulation Device Initial and Continuing Qualification and Use

§ 60.5   Quality management system.

(a) After May 30, 2010, no sponsor may use or allow the use of or offer the use of an FSTD for flight crewmember training or evaluation or for obtaining flight experience to meet any requirement of this chapter unless the sponsor has established and follows a quality management system (QMS), currently approved by the National Simulator Program Manager (NSPM), for the continuing surveillance and analysis of the sponsor's performance and effectiveness in providing a satisfactory FSTD for use on a regular basis as described in QPS appendix E of this part.

(b) The QMS program must provide a process for identifying deficiencies in the program and for documenting how the program will be changed to address these deficiencies.

(c) Whenever the NSPM finds that the QMS program does not adequately address the procedures necessary to meet the requirements of this part, the sponsor must, after notification by the NSPM, change the program so the procedures meet the requirements of this part. Each such change must be approved by the NSPM prior to implementation.

(d) Within 30 days after the sponsor receives a notice described in paragraph (c) of this section, the sponsor may file a petition with the Director of Flight Standards Service (the Director) for reconsideration of the NSPM finding. The sponsor must address its petition to the Director, Flight Standards Service, AFS–1, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591. The filing of such a petition to reconsider stays the notice pending a decision by the Director. However, if the Director finds that there is a situation that requires immediate action in the interest of safety in air commerce, he may, upon a statement of the reasons, require a change effective without stay.

§ 60.9   Additional responsibilities of the sponsor.

(a) The sponsor must allow the NSPM upon request to inspect the FSTD as soon as practicable. This inspection may include all records and documents relating to the FSTD, to determine its compliance with this part.

(b) The sponsor must do the following for each FSTD:

(1) Establish a mechanism to receive written comments regarding the FSTD and its operation in accordance with the QPS appendix E of this part.

(2) Post in or adjacent to the FSTD the Statement of Qualification issued by the NSPM. An electronic copy of the Statement of Qualification that may be accessed by an appropriate terminal or display in or adjacent to the FSTD is satisfactory.

(c) Each sponsor of an FSTD must identify to the NSPM by name, one individual to be the management representative (MR).

(1) One person may serve as an MR for more than one FSTD, but one FSTD must not have more than one person serving in this capacity.

(2) Each MR must be an employee of the sponsor with the responsibility and authority to—

(i) Monitor the on-going qualification of assigned FSTDs to ensure that all matters regarding FSTD qualification are being carried out as provided for in this part;

(ii) Ensure that the QMS is properly established, implemented, and maintained by overseeing the structure (and modifying where necessary) of the QMS policies, practices, and procedures; and

(iii) Regularly brief sponsor's management on the status of the on-going FSTD qualification program and the effectiveness and efficiency of the QMS.

(3) The MR serves as the primary contact point for all matters between the sponsor and the NSPM regarding the qualification of that FSTD as provided for in this part.

(4) The MR may delegate the duties described in paragraph (c)(2) and (c)(3) of this section to an individual at each of the sponsor's locations.

§ 60.13   FSTD objective data requirements.

(a) Except as provided in paragraph (b) and (c) of this section, for the purposes of validating FSTD performance and handling qualities during evaluation for qualification, the data made available to the NSPM (the validation data package) must include the aircraft manufacturer's flight test data and all relevant data developed after the type certificate was issued ( e.g. , data developed in response to an airworthiness directive) if such data results from a change in performance, handling qualities, functions, or other characteristics of the aircraft that must be considered for flight crewmember training, evaluation, or for meeting experience requirements of this chapter.

(b) The validation data package may contain flight test data from a source in addition to or independent of the aircraft manufacturer's data in support of an FSTD qualification, but only if this data is gathered and developed by that source in accordance with flight test methods, including a flight test plan, as described in the applicable QPS.

(c) The validation data package may also contain predicted data, engineering simulation data, data from pilot owner or pilot operating manuals, or data from public domain sources, provided this data is acceptable to the NSPM. If found acceptable the data may then be used in particular applications for FSTD qualification.

(d) Data or other material or elements must be submitted in a form and manner acceptable to the NSPM.

(e) The NSPM may require additional objective data, which may include flight testing if necessary, if the validation data package does not support FSTD qualification requirements as described in this part and the applicable QPS appendix.

(f) When an FSTD sponsor learns, or is advised by an aircraft manufacturer or other data provider, that an addition to, an amendment to, or a revision of data that may relate to FSTD performance or handling characteristics is available, the sponsor must notify the NSPM as described in the applicable QPS.

§ 60.15   Initial qualification requirements.

(a) For each FSTD, the sponsor must submit a request to the NSPM to evaluate the FSTD for initial qualification at a specific level and simultaneously request the Training Program Approval Authority (TPAA) forward a concurring letter to the NSPM. The request must be submitted in the form and manner described in the applicable QPS.

(b) The management representative described in §60.9(c) must sign a statement (electronic signature is acceptable for electronic transmissions) after confirming the following:

(1) The performance and handling qualities of the FSTD represent those of the aircraft or set of aircraft within the normal operating envelope. This determination must be made by a pilot(s) meeting the requirements of paragraph (d) of this section after having flown all of the Operations Tasks listed in the applicable QPS appendix relevant to the qualification level of the FSTD. Exceptions, if any, must be noted. The name of the person(s) making this determination must be available to the NSPM upon request.

(2) The FSTD systems and sub-systems (including the simulated aircraft systems) functionally represent those in the aircraft or set of aircraft. This determination must be made by the pilot(s) described in paragraph (b)(1) of this section, or by a person(s) trained on simulator systems/sub-systems and trained on the operation of the simulated aircraft systems, after having exercised the operation of the FSTD and the pertinent functions available through the Instructor Operating Station(s). Exceptions, if any, must be noted. The name of the person(s) making this determination must be available to the NSPM upon request.

(3) The cockpit represents the configuration of the specific type; or aircraft make, model, and series aircraft being simulated, as appropriate. This determination must be made by the pilot(s) described in paragraph (b)(1) of this section, or by a person(s) trained on the configuration and operation of the aircraft simulated. Exceptions, if any, must be noted. The name of the person(s) making this determination must be available to the NSPM upon request.

(c) Except for those FSTDs previously qualified and described in §60.17, each FSTD evaluated for initial qualification must meet the standard that is in effect at the time of the evaluation. However—

(1) If the FAA publishes a change to the existing standard or publishes a new standard for the evaluation for initial qualification, a sponsor may request that the NSPM apply the standard that was in effect when an FSTD was ordered for delivery if the sponsor—

(i) Within 30 days of the publication of the change to the existing standard or publication of the new standard, notifies the NSPM that an FSTD has been ordered;

(ii) Within 90 days of the NSPM notification described in paragraph (c)(1)(i) of this section, requests that the standard in effect at the time the order was placed be used for the evaluation for initial qualification; and

(iii) The evaluation is conducted within 24 months following the publication of the change to the existing standard or publication of the new standard.

(2) This notification must include a description of the FSTD; the anticipated qualification level of the FSTD; the make, model, and series of aircraft simulated; and any other pertinent information.

(3) Any tests, tolerances, or other requirements that are current at the time of the evaluation may be used during the initial evaluation, at the request of the sponsor, if the sponsor provides acceptable updates to the required qualification test guide.

(4) The standards used for the evaluation for initial qualification will be used for all subsequent evaluations of the FSTD.

(d) The pilot(s) who contributes to the confirmation statement required by paragraph (b) of this section must—

(1) Be designated by the sponsor; and

(2) Be qualified in—

(i) The aircraft or set of aircraft being simulated; or

(ii) For aircraft not yet issued a type certificate, or aircraft not previously operated by the sponsor or not having previous FAA-approved training programs conducted by the sponsor, an aircraft similar in size and configuration.

(e) The subjective tests that form the basis for the statements described in paragraph (b) of this section and the objective tests referenced in paragraph (f) of this section must be accomplished at the sponsor's training facility, except as provided for in the applicable QPS.

(f) The person seeking to qualify the FSTD must provide the NSPM access to the FSTD for the length of time necessary for the NSPM to complete the required evaluation of the FSTD for initial qualification, which includes the conduct and evaluation of objective and subjective tests, including general FSTD requirements, as described in the applicable QPS, to determine that the FSTD meets the standards in that QPS.

(g) When the FSTD passes an evaluation for initial qualification, the NSPM issues a Statement of Qualification that includes all of the following:

(1) Identification of the sponsor.

(2) Identification of the make, model, and series of the aircraft or set of aircraft being simulated.

(3) Identification of the configuration of the aircraft or set of aircraft being simulated ( e.g. , engine model or models, flight instruments, or navigation or other systems).

(4) A statement that the FSTD is qualified as either a full flight simulator or a flight training device.

(5) Identification of the qualification level of the FSTD.

(6) A statement that (with the exception of the noted exclusions for which the FSTD has not been subjectively tested by the sponsor or the NSPM and for which qualification is not sought) the qualification of the FSTD includes the tasks set out in the applicable QPS appendix relevant to the qualification level of the FSTD.

(h) After the NSPM completes the evaluation for initial qualification, the sponsor must update the Qualification Test Guide (QTG), with the results of the FAA-witnessed tests together with the results of all the objective tests described in the applicable QPS.

(i) Upon issuance of the Statement of Qualification the updated QTG becomes the Master Qualification Test Guide (MQTG). The MQTG must be made available to the NSPM upon request.

§ 60.16   Additional qualifications for a currently qualified FSTD.

(a) A currently qualified FSTD is required to undergo an additional qualification process if a user intends to use the FSTD for meeting training, evaluation, or flight experience requirements of this chapter beyond the qualification issued for that FSTD. This process consists of the following:

(1) The sponsor:

(i) Must submit to the NSPM all modifications to the MQTG that are required to support the additional qualification.

(ii) Must describe to the NSPM all modifications to the FSTD that are required to support the additional qualification.

(iii) Must submit to the NSPM a confirmation statement as described in §60.15(c) that a pilot, designated by the sponsor in accordance with §60.15(d), has subjectively evaluated the FSTD in those areas not previously evaluated.

(2) The FSTD must successfully pass an evaluation—

(i) Consisting of all the elements of an initial evaluation for qualification in those circumstances where the NSPM has determined that all the elements of an initial evaluation for qualification is necessary; or

(ii) Consisting of those elements of an initial evaluation for qualification designated as necessary by the NSPM.

(b) In making the determinations described in paragraph (a)(2) of this section, the NSPM considers factors including the existing qualification of the FSTD, any modifications to the FSTD hardware or software that are involved, and any additions or modifications to the MQTG.

(c) The FSTD is qualified for the additional uses when the NSPM issues an amended Statement of Qualification in accordance with §60.15(h).

(d) The sponsor may not modify the FSTD except as described in §60.23.

§ 60.19   Inspection, continuing qualification evaluation, and maintenance requirements.

(a) Inspection. No sponsor may use or allow the use of or offer the use of an FSTD for flight crewmember training, evaluation, or flight experience to meet any of the requirements of this chapter unless the sponsor does the following:

(1) Accomplishes all appropriate objective tests each year as specified in the applicable QPS.

(2) Completes a functional preflight check within the preceding 24 hours.

(b) Continuing qualification evaluation. (1) This evaluation consists of objective tests, and subjective tests, including general FSTD requirements, as described in the applicable QPS or as may be amended by an FSTD Directive.

(2) The sponsor must contact the NSPM to schedule the FSTD for continuing qualification evaluations not later than 60 days before the evaluation is due.

(3) The sponsor must provide the NSPM access to the objective test results in the MQTG and access to the FSTD for the length of time necessary for the NSPM to complete the required continuing qualification evaluations.

(4) The frequency of NSPM-conducted continuing qualification evaluations for each FSTD will be established by the NSPM and specified in the MQTG.

(5) Continuing qualification evaluations conducted in the calendar month before or after the calendar month in which these continuing qualification evaluations are required will be considered to have been conducted in the calendar month in which they were required.

(6) No sponsor may use or allow the use of or offer the use of an FSTD for flight crewmember training or evaluation or for obtaining flight experience for the flight crewmember to meet any requirement of this chapter unless the FSTD has passed an NSPM-conducted continuing qualification evaluation within the time frame specified in the MQTG or within the grace period as described in paragraph (b)(5) of this section.

(c) Maintenance. The sponsor is responsible for continuing corrective and preventive maintenance on the FSTD to ensure that it continues to meet the requirements of this part and the applicable QPS appendix. No sponsor may use or allow the use of or offer the use of an FSTD for flight crewmember training, evaluation, or flight experience to meet any of the requirements of this chapter unless the sponsor does the following:

(1) Maintains a discrepancy log.

(2) Ensures that, when a discrepancy is discovered, the following requirements are met:

(i) A description of each discrepancy is entered in the log and remains in the log until the discrepancy is corrected as specified in §60.25(b).

(ii) A description of the corrective action taken for each discrepancy, the identity of the individual taking the action, and the date that action is taken is entered in the log.

(iii) The discrepancy log is kept in a form and manner acceptable to the Administrator and is kept in or adjacent to the FSTD. An electronic log that may be accessed by an appropriate terminal or display in or adjacent to the FSTD is satisfactory.

§ 60.20   Logging FSTD discrepancies.

Each instructor, check airman, or representative of the Administrator conducting training, evaluation, or flight experience, and each person conducting the preflight inspection who discovers a discrepancy, including any missing, malfunctioning, or inoperative components in the FSTD, must write or cause to be written a description of that discrepancy into the discrepancy log at the end of the FSTD preflight or FSTD use session.

§ 60.23   Modifications to FSTDs.

(a) Description of a modification. For the purposes of this part, an FSTD is said to have been modified when:

(1) Equipment or devices intended to simulate aircraft appliances are added to or removed from FSTD, which change the Statement of Qualification or the MQTG; or

(2) Changes are made to either software or hardware that are intended to impact flight or ground dynamics; changes are made that impact performance or handling characteristics of the FSTD (including motion, visual, control loading, or sound systems for those FSTD levels requiring sound tests and measurements); or changes are made to the MQTG.

(b) FSTD Directive. When the FAA determines that FSTD modification is necessary for safety of flight reasons, the sponsor of each affected FSTD must ensure that the FSTD is modified according to the FSTD Directive regardless of the original qualification standards applicable to any specific FSTD.

(c) Using the modified FSTD . The sponsor may not use, or allow the use of, or offer the use of, the FSTD with the proposed modification for flight crewmember training or evaluation or for obtaining flight experience for the flight crewmember to meet any requirement of this chapter unless:

(1) The sponsor has notified the NSPM and the TPAA of their intent to incorporate the proposed modification, and one of the following has occurred;

(i) Twenty-one days have passed since the sponsor notified the NSPM and the TPAA of the proposed modification and the sponsor has not received any response from either the NSPM or the TPAA;

(ii) Twenty-one days have passed since the sponsor notified the NSPM and the TPAA of the proposed modification and one has approved the proposed modification and the other has not responded;

(iii) Fewer than twenty-one days have passed since the sponsor notified the NSPM and the TPAA of the proposed modification and the NSPM and TPAA both approve the proposed modification;

(iv) The sponsor has successfully completed any evaluation the NSPM may require in accordance with the standards for an evaluation for initial qualification or any part thereof before the modified FSTD is placed in service.

(2) The notification is submitted with the content as, and in a form and manner as, specified in the applicable QPS.

(d) User notification. When a modification is made to an FSTD that affects the Statement of Qualification, the sponsor must post an addendum to the Statement of Qualification until such time as a permanent, updated statement is posted.

(e) MQTG update. The MQTG must be updated with current objective test results in accordance with §60.15(h) and (i) and appropriate objective data in accordance with §60.13, each time an FSTD is modified and an objective test or other MQTG section is affected by the modification. If an FSTD Directive is the cause of this update, the direction to make the modification and the record of the modification completion must be filed in the MQTG.

§ 60.25   Operation with missing, malfunctioning, or inoperative components.

(a) No person may knowingly use or allow the use of or misrepresent the capability of an FSTD for any maneuver, procedure, or task that is to be accomplished to meet training, evaluation, or flight experience requirements of this chapter for flight crewmember certification or qualification when there is a missing, malfunctioning, or inoperative (MMI) component that is required to be present and correctly operate for the satisfactory completion of that maneuver, procedure, or task.

(b) Each MMI component as described in paragraph (a) of this section, or any MMI component installed and required to operate correctly to meet the current Statement of Qualification, must be repaired or replaced within 30 calendar days, unless otherwise required or authorized by the NSPM.

(c) A list of the current MMI components must be readily available in or adjacent to the FSTD for review by users of the device. Electronic access to this list via an appropriate terminal or display in or adjacent to the FSTD is satisfactory. The discrepancy log may be used to satisfy this requirement provided each currently MMI component is listed in the discrepancy log.

§ 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 modifications 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 evaluations (initial and each upgrade) since the issuance of the original Statement of Qualification.

(ii) Results of the objective tests conducted 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 evaluations from the previous 2 years, whichever covers a longer period.

(iv) Comments obtained in accordance with §60.9(b) for a period of at least 90 days.

(4) A record of all discrepancies entered in the discrepancy log over the previous 2 years, including the following:

(i) A list of the components or equipment that were or are missing, malfunctioning, or inoperative.

(ii) The action taken to correct the discrepancy.

(iii) The date the corrective action was taken.

(iv) The identity of the person determining that the discrepancy has been corrected.

(b) The records specified in this section must be maintained in plain language form or in coded form if the coded form provides for the preservation and retrieval of information in a manner acceptable to the NSPM.