Document
Federal Aviation Administration, DOT § 3.5 Finding Aids section of the printed volume PART 3—GENERAL REQUIREMENTS and at www.govinfo.gov.
E FFECTIVE D ATE N OTE : At 89 FR 92483, Nov.
Subpart A—General Requirements Con- 21, 2024, § 1.2 was amended by revising the in- cerning Type Certificated Products or troductory text, effective Jan. 21, 2025. For Products, Parts, Appliances, or Mate- the convenience of the user, the revised text rials That May Be Used on Type-Certifi- is set forth as follows: cated Products § 1.2 Abbreviations and symbols.
Sec.
In this chapter: 3.1 Applicability.
3.5 Statements about products, parts, appli- ances and materials.
* * * * * Subpart B—Security Threat Disqualification § 1.3 Rules of construction.
3.200 Effect of Transportation Security Ad- (a) In Subchapters A through K of ministration notification on a certificate this chapter, unless the context re- or any part of a certificate held by an in- quires otherwise: dividual.
(1) Words importing the singular in- 3.205 Effect of Transportation Security Ad- clude the plural; ministration notification on applications by individuals for a certificate or any (2) Words importing the plural in- part of a certificate.
clude the singular; and (3) Words importing the masculine Subpart C—Designated U.S. Agents for gender include the feminine.
Service (b) In Subchapters A through K of this chapter, the word: 3.301 Applicability.
3.302 Definitions.
(1) Shall is used in an imperative 3.303 Designation of a U.S. agent for serv- sense; ice.
(2) May is used in a permissive sense to state authority or permission to do A UTHORITY : 49 U.S.C. 106(f), 106(g), 40113, 44701, 44704, 46111, and 46103.
the act prescribed, and the words ‘‘no person may * * *’’ or ‘‘a person may S OURCE : 70 FR 54832, Sept. 16, 2005, unless not * * *’’ mean that no person is re- otherwise noted.
quired, authorized, or permitted to do the act prescribed; and Subpart A—General Requirements (3) Includes means ‘‘includes but is Concerning Type Certificated not limited to’’.
Products or Products, Parts, Appliances, or Materials That [Doc. No. 1150, 27 FR 4590, May 15, 1962, as amended by Amdt. 1–10, 31 FR 5055, Mar. 29, May Be Used on Type-Certifi- 1966] cated Products E FFECTIVE D ATE N OTE : At 89 FR 92483, Nov.
§ 3.1 Applicability.
21, 2024, § 1.3 was amended by revising para- graphs (a) introductory text and (b) intro- (a) This part applies to any person ductory text, effective Jan. 21, 2025. For the who makes a record regarding: convenience of the user, the revised text is (1) A type-certificated product, or set forth as follows: (2) A product, part, appliance or ma- § 1.3 Rules of construction. terial that may be used on a type-cer- tificated product.
(a) In this chapter, unless the context re- quires otherwise: (b) Section 3.5(b) does not apply to records made under part 43 of this chapter.
* * * * * (b) In this chapter, the word: § 3.5 Statements about products, parts, appliances and materials.
(a) Definitions. The following terms will have the stated meanings when used in this section: 14 CFR Ch. I (1–1–25 Edition) § 3.200 Airworthy means the aircraft con- acting reasonably under the cir- forms to its type design and is in a con- cumstances.
dition for safe operation.
(d) The provisions of § 3.5(b) and Product means an aircraft, aircraft § 3.5(c) shall not apply if a person can engine, or aircraft propeller.
show that the product is airworthy or Record means any writing, drawing, that the product, part, appliance or map, recording, tape, film, photograph material is acceptable for installation or other documentary material by on a type-certificated product.
which information is preserved or con- veyed in any format, including, but not Subpart B—Security Threat limited to, paper, microfilm, identifica- Disqualification tion plates, stamped marks, bar codes or electronic format, and can either be separate from, attached to or inscribed S OURCE : 84 FR 42803, Aug. 19, 2019, FAA– on any product, part, appliance or ma- 2018–0656; Amendment No. 3–2, unless other- wise noted.
terial.
(b) Prohibition against fraudulent and § 3.200 Effect of Transportation Secu- intentionally false statements. When con- rity Administration notification on veying information related to an adver- a certificate or any part of a certifi- tisement or sales transaction, no per- cate held by an individual.
son may make or cause to be made: (1) Any fraudulent or intentionally When the Transportation Security false statement in any record about the Administration (TSA) notifies the FAA airworthiness of a type-certificated that an individual holding a certificate product, or the acceptability of any or part of a certificate issued by the product, part, appliance, or material FAA poses, or is suspected of posing, a for installation on a type-certificated risk of air piracy or terrorism or a product.
threat to airline or passenger safety, (2) Any fraudulent or intentionally the FAA will issue an order amending, false reproduction or alteration of any modifying, suspending, or revoking any record about the airworthiness of any certificate or part of a certificate type-certificated product, or the ac- issued by the FAA.
ceptability of any product, part, appli- ance, or material for installation on a § 3.205 Effect of Transportation Secu- type-certificated product.
rity Administration notification on (c) Prohibition against intentionally applications by individuals for a misleading statements. (1) When con- certificate or any part of a certifi- cate.
veying information related to an adver- tisement or sales transaction, no per- (a) When the TSA notifies the FAA son may make, or cause to be made, a that an individual who has applied for material representation that a type- a certificate or any part of a certificate certificated product is airworthy, or issued by the FAA poses, or is sus- that a product, part, appliance, or ma- pected of posing, a risk of air piracy or terial is acceptable for installation on terrorism or a threat to airline or pas- a type-certificated product in any senger safety, the FAA will hold the in- record if that representation is likely dividual’s certificate applications in to mislead a consumer acting reason- abeyance pending further notification ably under the circumstances.
from the TSA.
(2) When conveying information re- (b) When the TSA notifies the FAA lated to an advertisement or sales that the TSA has made a final security transaction, no person may make, or threat determination regarding an in- cause to be made, through the omission dividual, the FAA will deny all the in- of material information, a representa- dividual’s certificate applications. Al- tion that a type-certificated product is ternatively, if the TSA notifies the airworthy, or that a product, part, ap- FAA that it has withdrawn its security pliance, or material is acceptable for threat determination, the FAA will installation on a type-certificated product in any record if that represen- continue processing the individual’s tation is likely to mislead a consumer applications.
Federal Aviation Administration, DOT § 3.303, Nt.
and is competent to perform that re- Subpart C—Designated U.S.
sponsibility.
Agents for Service (b) The designation must include the U.S. agent’s full name, U.S. agent ad- S OURCE : 89 FR 81312, Oct. 8, 2024, unless dress, email address, and certification otherwise noted.
by the individual that the U.S. agent has accepted responsibility for receiv- § 3.301 Applicability.
ing FAA service on behalf of the indi- This subpart applies to individuals vidual. It may also include the U.S.
who: agent’s fax number and phone number.
(a) Do not have a U.S. physical ad- (c) Individuals must notify the FAA dress of record on file with the FAA; in a form and manner prescribed by the (b) Have a foreign address of record Administrator of any change to their on file with the FAA; and U.S. agent designation or the U.S.
(c) Hold or apply for certificates, rat- agent’s contact information within 30 ings, or authorizations under part 47, days of the change.
61, 63, 65, 67, or 107 of this chapter.
(d) Individuals must comply with the requirements listed in this subpart no § 3.302 Definitions.
later than: U.S. agent address is an address in the (1) July 7, 2025, for holders of any cer- States of the United States, the Dis- tificate, rating, or authorization issued trict of Columbia, or any U.S. territory under part 47, 61, 63, 65, 67, or 107. These or possession. If the U.S. agent is an individuals who fail to timely des- entity, the address must be the U.S.
ignate a U.S. agent for service and agent’s office address. If the U.S. agent comply with the requirements under is an individual, the address must be this subpart may not exercise the the U.S. agent’s usual place of resi- privileges of any certificate, rating, or dence or, if applicable, the individual’s authorization issued under part 47, 61, U.S. military office address. If the U.S.
63, 65, 67, or 107, and an individual air- agent is serving as a U.S. agent in their craft owner’s aircraft registration cer- official capacity with the military, the tificate will be considered ineffective; address may be a military office ad- and dress. A U.S. agent address may not be (2) January 6, 2025, for applicants of a post office box, military post office any certificate, rating, or authoriza- box, or a mail drop box.
tion issued under part 47, 61, 63, 65, 67, U.S. agent for service (U.S. agent) is an or 107. An applicant who fails to des- entity or an adult (individual who is 18 ignate a U.S. agent for service and or older) with a U.S. address who a cer- comply with the requirements under tificate, rating, or authorization holder this subpart shall not be issued a cer- or applicant designates to receive FAA service on their behalf. tificate, rating, or authorization under U.S. physical address is an address in part 47, 61, 63, 65, 67, or 107.
the States of the United States, the E FFECTIVE D ATE N OTES : 1. At 89 FR 81312, District of Columbia, or any U.S. terri- Oct. 8, 2024, § 3.303 was amended by revising tory or possession, but excludes post paragraph (d) and adding paragraph (e), ef- office boxes, military post office boxes, fective Jan. 6, 2025. For the convenience of the user, the added and revised text is set mail drop boxes, and commercial ad- forth as follows: dresses that are not also residential ad- dresses.
§ 3.303 Designation of a U.S. agent for serv- ice.
§ 3.303 Designation of a U.S. agent for service.
* * * * * (a) Individuals must designate a U.S.
(d) Individuals holding any certificate, rat- agent for service within the U.S. in ing, or authorization issued under part 47, 61, writing to the FAA in a form and man- 63, 65, 67, or 107 must comply with the re- ner prescribed by the Administrator.
quirements listed in this subpart no later Individuals designating a U.S. agent than July 7, 2025. These individuals who fail must ensure that the U.S. agent under- to timely designate a U.S. agent for service stands the requirements for receiving and comply with the requirements under this FAA service on behalf of the individual subpart may not exercise the privileges of 14 CFR Ch. I (1–1–25 Edition) Pt. 5 any certificate, rating, or authorization 5.27 Coordination of emergency response issued under part 47, 61, 63, 65, 67, or 107, and planning.
an individual aircraft owner’s aircraft reg- istration certificate will be considered inef- Subpart C—Safety Risk Management fective.
5.51 Applicability.
(e) No individual shall be issued a certifi- 5.53 System analysis and hazard identifica- cate, rating, or authorization under parts 47, tion.
61, 63, 65, 67, or 107 of this chapter unless the 5.55 Safety risk assessment and control.
individual has designated a U.S. agent as re- 5.57 Notification of hazards to interfacing quired under this subpart.
2. At 89 FR 81312, Oct. 8, 2024, § 3.303 was persons.
amended by revising paragraph (d), effective July 7, 2025. For the convenience of the user, Subpart D—Safety Assurance the revised text is set forth as follows: 5.71 Safety performance monitoring and § 3.303 Designation of a U.S. agent for serv- measurement.
ice.
5.73 Safety performance assessment.
5.75 Continuous improvement.
* * * * * Subpart E—Safety Promotion (d) No individual shall exercise the privi- leges of any certificate, rating, or authoriza- 5.91 Competencies and training.
tion issued under part 47, 61, 63, 65, 67, or 107 5.93 Safety communication.
of this chapter unless the individual has des- ignated a U.S. agent as required under this Subpart F—SMS Documentation and subpart. Aircraft registration certificates Recordkeeping issued to individuals who fail to designate a U.S. agent as required under this subpart 5.95 SMS documentation.
will be ineffective. 5.97 SMS records.
A UTHORITY : 49 U.S.C. 106(f), 106(g), 40101, * * * * * 40113, 40119, 41706, 44101, 44701–44702, 44705, 44709–44711, 44713, 44716–44717, 44722, 46105; Sec.
102, Pub. L. 116–260, 134 Stat. 2309; Sec 215, PART 5—SAFETY MANAGEMENT Pub. L. 111–216, 124 Stat. 2366.
SYSTEMS S OURCE : Doc. No. FAA–2009–0671, Amdt. 5–1, 80 FR 1326, Jan. 8, 2015, unless otherwise Subpart A—General noted.
Sec.
5.1 Applicability.
Subpart A—General 5.3 Definitions.
5.5 General requirements.
5.7 Requirements for domestic, flag, and S OURCE : Docket No. FAA–2021–0419; Amdt.
supplemental operations. 5–2, 89 FR 33104, Apr. 26, 2024, unless other- 5.9 Requirements for commuter and on-de- wise noted.
mand operations or passenger-carrying flights for compensation or hire. § 5.1 Applicability.
5.11 Requirements for production certifi- This part applies to all of the fol- cate holders that are holders or licensees lowing: of a type certificate for the same prod- (a) Any person that holds or applies uct.
5.13 Requirements for type certificate hold- for a certificate issued under part 119 of ers or licensees applying for a production this chapter authorizing the person to certificate for the same product.
conduct operations under part 121 of 5.15 Requirements for type certificate hold- this chapter.
ers that allow another person to use the (b) Any person that holds or applies type certificate to obtain a production for a certificate issued under part 119 of certificate for the same product.
this chapter authorizing the person to 5.17 Organizational system description.
5.19 Implementation plan. conduct operations under part 135 of this chapter.
Subpart B—Safety Policy (c) Any person that holds or applies for a Letter of Authorization issued 5.21 Safety policy.
under § 91.147 of this chapter.
5.23 Safety accountability and authority.
(d) Any person that holds both a type 5.25 Designation and responsibilities of re- quired safety management personnel. certificate and a production certificate