spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Pt. 5
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 Section 3.5(b) and
Section 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.

Section 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 typecertificated 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

PART 5 - SAFETY MANAGEMENT
SYSTEMS
Subpart A - General
Sec.
5.1 Applicability.
5.3 General requirements.
5.5 Definitions.

Subpart B - Safety Policy
5.21
5.23
5.25

Safety policy.
Safety accountability and authority.
Designation and responsibilities of required safety management personnel.
5.27 Coordination of emergency response
planning.

Subpart C - Safety Risk Management
5.51
5.53

Applicability.
System analysis and hazard identification.
5.55 Safety risk assessment and control.

Subpart D - Safety Assurance
5.71

Safety performance monitoring
measurement.
5.73 Safety performance assessment.
5.75 Continuous improvement.

Subpart E - Safety Promotion
5.91
5.93

Competencies and training.
Safety communication.

Subpart F - SMS Documentation and
Recordkeeping
5.95
5.97

SMS documentation.
SMS records.

AUTHORITY: Pub. L. 111-216, sec. 215 (Aug. 1,
2010); 49 U.S.C. 106(f), 106(g), 40101, 40113,
40119, 41706, 44101, 44701-44702, 44705, 44709-
44711, 44713, 44716-44717, 44722, 46105.
SOURCE: 80 FR 1326, Jan. 8, 2015, unless otherwise noted.

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