(a) Unless otherwise specified by an FSTD Directive, further referenced in the applicable QPS, or as specified in paragraph (e) of this section, an FSTD qualified before May 31, 2016 will retain its qualification basis as long as it continues to meet the standards, including the objective test results recorded in the MQTG and subjective tests, under which it was originally evaluated, regardless of sponsor. The sponsor of such an FSTD must comply with the other applicable provisions of this part.
(b) For each FSTD qualified before May 30, 2008, no sponsor may use or allow the use of or offer the use of such an FSTD after May 30, 2014 for flight crewmember training, evaluation or flight experience to meet any of the requirements of this chapter, unless that FSTD has been issued a Statement of Qualification, including the Configuration List and the List of Qualified Tasks in accordance with the procedures set out in the applicable QPS.
(c) If the FSTD qualification is lost under § 60.27 and—
(i) Restored under § 60.27 in less than (2) years, then the qualification basis (in terms of objective tests and subjective tests) for the re-qualification will be those against which the FSTD was originally evaluated and qualified.
(ii) Not restored under § 60.27 for two (2) years or more, then the qualification basis (in terms of objective tests and subjective tests) for the re-qualification will be those standards in effect and current at the time of re-qualification application.
(d) Except as provided in paragraph (e) of this section, any change in FSTD qualification level initiated on or after May 30, 2008 requires an evaluation for initial qualification in accordance with this part.
(e) A sponsor may request that an FSTD be permanently downgraded. In such a case, the responsible Flight Standards office may downgrade a qualified FSTD without requiring and without conducting an initial evaluation for the new qualification level. Subsequent continuing qualification evaluations will use the existing MQTG, modified as necessary to reflect the new qualification level.
(f) When the sponsor has appropriate validation data available and receives approval from the responsible Flight Standards office, the sponsor may adopt tests and associated tolerances described in the current qualification standards as the tests and tolerances applicable for the continuing qualification of a previously qualified FSTD. The updated test(s) and tolerance(s) must be made a permanent part of the MQTG.
[Docket FAA-2002-12461, 71 FR 63426, Oct. 30, 2006; Amdt. 60-2, 72 FR 59599, Oct. 22, 2007, as amended by Docket FAA-2014-0391, Amdt. 60-4, 81 FR 18218, Mar. 30, 2016; Docket FAA-2022-1355, Amdt. 60-7, 87 FR 75711, Dec. 9, 2022]
Notes of Decisions
Griggs v. Allegheny Cnty., 369 U.S. 84 (1962).
· cites it 2× “An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In such event, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle, or structure.”
Lacey v. United States, 219 Ct. Cl. 551 (Ct. Cl. 1979).
“At all times relevant to this case, the minimum safe altitude of flight, as prescribed by administrative regulation, has been 500 feet above the ground level in uncongested areas (14 C.F.R. 60.17(c) (1956), recodified as 14 C.”
Hillsborough Cnty. Aviation Auth. v. Benitez, 200 So. 2d 194 (Fla. 2d DCA 1967).
· cites it 2× “588) "* * * By the present regulations [ 14 CFR § 60.17 ] the `minimum safe altitudes' within the meaning of the statute are defined, so far as relevant here, as heights of 500 feet or 1,000 feet, `[e]xcept where necessary for take-off or landing.”
Henthorn v. Oklahoma City, 453 P.2d 1013 (Okla. 1969).
“14 C.F.R. Section 60.17. Whence comes the 500 foot rule advanced in many cases.”
Neher v. United States, 265 F. Supp. 210 (D. Minnesota 1967).
“14 C. F.R. § 60.17(b). Thus aircraft flying above 1,000 feet would be traveling in the navigable airspace which is part of the public domain.”
Batten v. United States, 306 F.2d 580 (10th Cir. 1962).
“…a servitude has been acquired either by agreement or in course of time.” . 49 U.S.C. §§ 1301 (24) and 1348(a). . 14 C.F.R. § 60.17 .”
Wildwood Mink Ranch v. United States, 218 F. Supp. 67 (D. Minnesota 1963).
“14 C.F.R. § 60.17 (b) proscribes flight at less than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft when over “congested areas of cities, towns, or settlements.”
Ackerman v. Port of Seattle, 348 P.2d 664 (Wash. 1960).
· cites it 2× “" 14 C.F.R., § 60.17 (1956). It is the position of the civil aeronautics board that a plane is operating within the navigable airspace when flying a normal and necessary path in approaching or leaving an airport.”
Weisberg v. United States, 193 F. Supp. 815 (D. Maryland 1961).
“14 C.F.R. 60.17. Helicopters may be flown at less than the prescribed minimum if such operations are conducted without hazard to persons or property on the surface.”
— 14 C.F.R. § 60.17(b) — 1 case
Neher v. United States, 265 F. Supp. 210 (D. Minnesota 1967).
“14 C. F.R. § 60.17(b). Thus aircraft flying above 1,000 feet would be traveling in the navigable airspace which is part of the public domain.”
— 14 C.F.R. § 60.17(c) — 1 case
Lacey v. United States, 219 Ct. Cl. 551 (Ct. Cl. 1979).
“At all times relevant to this case, the minimum safe altitude of flight, as prescribed by administrative regulation, has been 500 feet above the ground level in uncongested areas (14 C.F.R. 60.17(c) (1956), recodified as 14 C.”
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