21
Federal Aviation Administration, DOT
§ 3.200
by individuals for a certificate or any
part of a certificate.
A
UTHORITY
: 49 U.S.C. 106(g), 40113, 44701,
44704, and 46111.
S
OURCE
: 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-Certifi-
cated 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 ma-
terial that may be used on a type-cer-
tificated 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 con-
forms to its type design and is in a con-
dition 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 con-
veyed in any format, including, but not
limited to, paper, microfilm, identifica-
tion plates, stamped marks, bar codes
or electronic format, and can either be
separate from, attached to or inscribed
on any product, part, appliance or ma-
terial.
(b)
Prohibition against fraudulent and
intentionally false statements. When con-
veying information related to an adver-
tisement or sales transaction, no per-
son 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 ac-
ceptability of any product, part, appli-
ance, or material for installation on a
type-certificated product.
(c)
Prohibition against intentionally
misleading statements. (1) When con-
veying information related to an adver-
tisement or sales transaction, no per-
son may make, or cause to be made, a
material representation that a type-
certificated product is airworthy, or
that a product, part, appliance, or ma-
terial is acceptable for installation on
a type-certificated product in any
record if that representation is likely
to mislead a consumer acting reason-
ably under the circumstances.
(2) When conveying information re-
lated to an advertisement or sales
transaction, no person may make, or
cause to be made, through the omission
of material information, a representa-
tion that a type-certificated product is
airworthy, or that a product, part, ap-
pliance, or material is acceptable for
installation on a type-certificated
product in any record if that represen-
tation is likely to mislead a consumer
acting reasonably under the cir-
cumstances.
(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
S
OURCE
: 84 FR 42803, Aug. 19, 2019, FAA–
2018–0656; Amendment No. 3–2, unless other-
wise noted.
§ 3.200
Effect of Transportation Secu-
rity Administration notification on
a certificate or any part of a certifi-
cate 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,
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