Code of Federal Regulations

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Title 14 - Aeronautics and Space
Volume: 1Date: 2023-01-01Original Date: 2023-01-01Title: PART 3 - GENERAL REQUIREMENTSContext: Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER A - DEFINITIONS AND GENERAL REQUIREMENTS.
Pt. 3 PART 3—GENERAL REQUIREMENTS Subpart A—General Requirements Concerning Type Certificated Products or Products, Parts, Appliances, or Materials That May Be Used on Type-Certificated Products Sec. 3.1 Applicability. 3.5 Statements about products, parts, appliances and materials. Subpart B—Security Threat Disqualification 3.200 Effect of Transportation Security Administration notification on a certificate or any part of a certificate held by an individual. 3.205 Effect of Transportation Security Administration notification on applications by individuals for a certificate or any part of a certificate.
Code of Federal Regulations / Title 14 - Aeronautics and Space / Vol. 1 / 2023-01-0121
 Authority: 49 U.S.C. 106(g), 40113, 44701, 44704, and 46111. Source: 70 FR 54832, Sept. 16, 2005, unless otherwise noted. Subpart A—General Requirements Concerning Type Certificated Products or Products, Parts, Appliances, or Materials That May Be Used on Type-Certificated Products § 3.1 Applicability. (a) This part applies to any person who makes a record regarding: (1) A type-certificated product, or (2) A product, part, appliance or material that may be used on a type-certificated product. (b) Section 3.5(b) does not apply to records made under part 43 of this chapter. § 3.5 Statements about products, parts, appliances and materials. (a) Definitions. The following terms will have the stated meanings when used in this section: Airworthy means the aircraft conforms to its type design and is in a condition for safe operation. Product means an aircraft, aircraft engine, or aircraft propeller. Record means any writing, drawing, map, recording, tape, film, photograph or other documentary material by which information is preserved or conveyed in any format, including, but not limited to, paper, microfilm, identification plates, stamped marks, bar codes or electronic format, and can either be separate from, attached to or inscribed on any product, part, appliance or material. (b) Prohibition against fraudulent and intentionally false statements. When conveying information related to an advertisement or sales transaction, no person may make or cause to be made: (1) Any fraudulent or intentionally false statement in any record about the airworthiness of a type-certificated product, or the acceptability of any product, part, appliance, or material for installation on a type-certificated product. (2) Any fraudulent or intentionally false reproduction or alteration of any record about the airworthiness of any type-certificated product, or the acceptability of any product, part, appliance, or material for installation on a type-certificated product. (c) Prohibition against intentionally misleading statements. (1) When conveying information related to an advertisement or sales transaction, no person may make, or cause to be made, a material representation that a type-certificated product is airworthy, or that a product, part, appliance, or material is acceptable for installation on a type-certificated product in any record if that representation is likely to mislead a consumer acting reasonably under the circumstances. (2) When conveying information related to an advertisement or sales transaction, no person may make, or cause to be made, through the omission of material information, a representation that a type-certificated product is airworthy, or that a product, part, appliance, or material is acceptable for installation on a type-certificated product in any record if that representation is likely to mislead a consumer acting reasonably under the circumstances. (d) The provisions of § 3.5(b) and § 3.5(c) shall not apply if a person can show that the product is airworthy or that the product, part, appliance or material is acceptable for installation on a type-certificated product. Subpart B—Security Threat Disqualification Source: 84 FR 42803, Aug. 19, 2019, FAA–2018–0656; Amendment No. 3–2, unless otherwise noted. § 3.200 Effect of Transportation Security Administration notification on a certificate or any part of a certificate held by an individual. When the Transportation Security Administration (TSA) notifies the FAA that an individual holding a certificate or part of a certificate issued by the FAA poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety, the FAA will issue an order amending, modifying, suspending, or revoking any certificate or part of a certificate issued by the FAA.
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§ 3.205 Effect of Transportation Security Administration notification on applications by individuals for a certificate or any part of a certificate. (a) When the TSA notifies the FAA that an individual who has applied for a certificate or any part of a certificate issued by the FAA poses, or is suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety, the FAA will hold the individual's certificate applications in abeyance pending further notification from the TSA. (b) When the TSA notifies the FAA that the TSA has made a final security threat determination regarding an individual, the FAA will deny all the individual's certificate applications. Alternatively, if the TSA notifies the FAA that it has withdrawn its security threat determination, the FAA will continue processing the individual's applications.