[Federal Register Volume 90, Number 168 (Wednesday, September 3, 2025)]
[Rules and Regulations]
[Pages 42517-42527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16902]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 168 / Wednesday, September 3, 2025 /
Rules and Regulations
[[Page 42517]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 3, 21, 43, 60, 61, 63, 65, 67, 89, 107, 111, 120, 121,
139, 142, 145, 402, and 413
[Docket No.: FAA-2024-0021; Amendment Nos. 3-4, 21-110, 43-64, 60-9,
61-160, 63-48, 65-67, 67-23, 89-2, 107-14, 111-3, 120-4, 121-394, 139-
29, 142-12, 145-33, 402-1, and 413-14]
RIN 2120-AL84
Falsification, Reproduction, Alteration, Omission, or Incorrect
Statements
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FAA is amending, restructuring, and consolidating the
falsification regulations presently located throughout title 14 of the
Code of Federal Regulations (CFR). Regarding 14 CFR chapter I, this
rule eliminates inconsistencies among the various falsification
regulations and associated sanctions; consolidates all existing
falsification regulations into one part under 14 CFR chapter I to
standardize the existing falsification regulations; and ensures that
falsification-related conduct not addressed by pertinent current
regulations is covered. This rule also creates a falsification
prohibition applicable to the regulations governing commercial space
transportation.
DATES: Effective November 3, 2025.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Jessica E. Kabaz-Gomez, Senior
Attorney, Aviation Litigation Division, AGC-300, Federal Aviation
Administration, Office of the Chief Counsel, 800 Independence Avenue
SW, Washington, DC 20591; email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Purpose of the Regulatory Action
B. Changes Made in This Final Rule Since the NPRM
C. Summary of the Costs and Benefits
II. Authority for This Rulemaking
III. Background
A. Summary of the NPRM
B. General Overview of Comments
C. Differences Between the NPRM and the Final Rule
IV. Discussion of Comments and the Final Rule
A. Revision of the Proposed ``Incorrect Statement, or Omission''
Prohibitions in Sections 3.405 and 402.5
B. Non-Applicability of New Sec. Sec. 3.403 and 3.405 to 14 CFR
Chapter 1, Subchapter I
C. Relationship Between the Revisions and FAA's Proposed
Rulemaking, ``Disclosure of Safety Critical Information''
D. Delineation of Specific Regulations in Part 3
E. Definition of ``Document in any Format''
F. Use of the Word ``Any''
G. Whether It Is Necessary To Clarify in Sec. 3.403(a) That
Fraudulent Conduct Is Intentional
H. Applicability of the Final Rule to 14 CFR Part 68
I. Applicability of the Final Rule to Statements Made on FAA
Form 8130-3
J. Technical Amendment to 14 CFR 3.1
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Act
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility
G. Environmental Analysis
VI. E.O Determinations
A. E.O. 13132, Federalism
B. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
C. E.O. 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
D. E.O. 13609, Promoting International Regulatory Cooperation
VII. Additional Information
A. Electronic Access and Filing
B. Small Business Regulatory Enforcement Fairness Act
I. Executive Summary
A. Purpose of the Regulatory Action
FAA and other stakeholders rely on complete and accurate
information in safety-related records. Indeed, FAA and other
stakeholders make critical safety-related decisions based on the
information, such as in FAA-required records, and rely necessarily on
the veracity of that information. When a person provides falsified
information or omits material information from records, that person
creates a threat to aviation safety by inhibiting the ability of FAA
and other stakeholders to make critical safety-related decisions.
Falsification regulations promote the integrity of information
necessary to ensure aviation safety. They also serve as a basis for
appropriate action when a person engages in falsification-related
conduct.
The final rule affects applicable parts in 14 CFR chapters I and
III. Falsification prohibitions prior to this final rule were found in
14 CFR chapter I, parts 3, 21, 43, 60, 61, 63, 65, 67, 89, 107, 111,
120, 121, 139, 142, and 145. The final rule removes the existing
falsification regulations from these parts, except part 3, and
consolidates them in a new subpart in part 3.\1\ The amendments to part
3 create standardized falsification proscriptions applicable to
subchapter A (except parts 1 and 3), subchapter C (except part 39),
subchapter D, subchapter E (except parts 71 and 73), subchapter F
(except parts 95 and 97), subchapter G (except part 110), subchapter H,
and subchapter K (except parts 185, 187, 189, and 193). Accordingly,
the amendments to part 3 also apply to those parts of 14 CFR chapter I
that do not currently have falsification regulations, but for which
such regulations are warranted. Those parts are 5, 23, 25, 26, 27, 29,
31, 33, 34, 35, 36, 45, 47, 48, 49, 68, 77, 91, 93, 99, 101, 103, 105,
117, 119, 125, 129, 133, 135, 136, 137, 141, 147, and 183. The
amendments to part 3 will also apply to any new parts FAA adds to the
preceding list of subchapters.
The amendments in this final rule also remove the existing
falsification regulations located in 14 CFR 413.17(c) and create a new
part 402 containing a falsification prohibition applicable to 14 CFR
chapter III, subchapter C. Subchapter C consists of parts 413, 414,
415, 417, 420, 431, 433, 435, 437, 440,
[[Page 42518]]
450, and 460. New part 402 will also apply to any subsequent new parts
FAA adds to Subchapter C.
The amendments in part 3 and new part 402 proscribe: (1)
intentionally false or fraudulent statements; (2) productions,
reproductions, or alterations for fraudulent purpose; and (3) knowingly
omitting or causing to be omitted a material fact. They provide a means
to address incorrect statements. Also, the final rule standardizes
sanctions for violations of the falsification regulations under 14 CFR,
chapters I and III, cited in this final rule.
B. Changes Made in This Final Rule Since the NPRM
FAA has made relatively minimal changes to its proposal in this
final rule. The changes have been made in response to comments
received. First, FAA has revised the incorrect statement and omission
prohibitions in proposed Sec. Sec. 3.405 and 402.5 to align with the
structure of the current incorrect statement prohibitions found in 14
CFR 60.33(c) and 67.403(c). As a result, the revision narrows the scope
of sanctions for incorrect statements or omissions to allow for an FAA
action against the issuance (e.g., approval, acceptance, certificate)
that is related to the incorrect statement. In addition, this
rulemaking contains a definition of ``document in any format'' to
clarify that the phrase includes documents (electronic or physical),
and also other tangible items, such as data plates or marked parts.
C. Summary of the Costs and Benefits
Falsification regulations promote aviation and commercial space
safety by incentivizing participants in the National Aerospace System
to provide accurate and truthful information in safety-related records.
The final rule benefits the safety of the public by ensuring that
information made, kept, or used to show compliance with regulatory
requirements or provided to FAA is accurate and complete. The final
rule also benefits private industry by standardizing sanction
provisions and providing consistent sanction determinations. Additional
benefits to private industry include a more reliable aviation system.
FAA has evaluated the cost impacts to the stakeholders affected by
this final rule and does not anticipate any new cost impact to aviation
and space industries or FAA.
II. Authority for This Rulemaking
FAA's authority to issue rules on aviation safety is found in Title
49 of the United States Code. Subtitle I, Section 106 describes the
authority of FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
With respect to 14 CFR chapter I, this rulemaking is issued under
49 U.S.C. 44701(a)(5), which establishes the authority of the
Administrator to prescribe regulations and minimum standards for other
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce and national security. It is also issued
under 49 U.S.C. 44702-44709, which prescribe the Administrator's
authority to issue different types of certificates to various
individuals and entities and to amend, modify, suspend, or revoke those
certificates as appropriate. This final rule is within the scope of
these sections because it establishes new falsification regulations
that consolidate existing falsification regulations into one part under
14 CFR chapter I that standardizes the existing falsification
regulations and covers falsification-related conduct that is not, but
should be, addressed by current pertinent regulations. This final rule
also falls within the scope of 49 U.S.C. 46301, which prescribes FAA's
authority to assess civil penalties, because it authorizes the
assessment of civil penalties for noncompliance with the general
falsification provision.
With respect to 14 CFR chapter III, this rulemaking is issued under
the authority described in the Commercial Space Launch Act of 1984, as
amended and recodified at 51 U.S.C. 50901-50923 (the Act). The Act
authorizes DOT to oversee, investigate, license, and regulate
commercial launch and reentry activities and the operation of launch
and reentry sites as carried out by U.S. citizens or within the United
States. See 51 U.S.C. 50904, 50905. The Act directs DOT to exercise
this responsibility consistent with public health and safety, safety of
property, and the national security and foreign policy interests of the
United States. See 51 U.S.C. 50901. This authority has been delegated
to FAA's Associate Administrator for Commercial Space Transportation.
See 14 CFR 401.3.
The regulations fall within the scope of 51 U.S.C. 50901-50923
because they establish comprehensive falsification proscriptions that
currently do not exist in 14 CFR chapter III that promote the integrity
of the information FAA relies on and serve as a basis for regulatory
action as appropriate, which is essential to FAA's statutory
responsibility under the Act. The rulemaking is within the scope of 51
U.S.C. 50908 because this section authorizes FAA, under delegated
authority from the Secretary of Transportation, to modify, suspend, or
revoke a license issued or transferred under 51 U.S.C. Subtitle V,
chapter 509. It is within the scope of 51 U.S.C. 50917 because it
authorizes FAA, under delegated authority from the Secretary of
Transportation, to assess a civil penalty for a violation of chapter
509, a regulation prescribed under chapter 509, or any term of a
license issued or transferred under chapter 509.
III. Background
A. Summary of the NPRM
On February 8, 2024, FAA published a notice of proposed rulemaking
(NPRM) titled ``Falsification, Reproduction, Alteration, Omission, or
Incorrect Statements.'' \2\ The NPRM described the historical
development of FAA's falsification regulations and the proposed
changes. It provided background on the types of conduct proscribed
under the prior falsification regulations and identified those
regulations by section.\3\ In addition, the NPRM identified the
regulations that contained a sanction provision for falsification.\4\
FAA implemented the first of its falsification regulations in
1965.\5\ Since then, the agency has implemented various falsification
regulations, most recently in 2021.\6\ The NPRM explained how the
piecemeal publication of falsification regulations has been problematic
and highlighted two issues that required remedies: (1) the types of
conduct proscribed by the falsification regulations and prescribed
sanctions referenced in the various falsification regulations were not
consistent across the existing falsification regulations; and (2) many
14 CFR parts lacked a falsification prohibition, but warranted one.\7\
The NPRM proposed to amend and reorganize the current falsification
regulations to create uniform and comprehensive falsification
regulations for the applicable parts of 14 CFR chapter I and across 14
CFR chapter III, subchapter C.\8\ The proposal described how the
regulatory amendments would standardize the proscribed conduct and
expand the proscription to the pertinent parts of 14 CFR chapters I and
III as appropriate, and how those amendments would standardize sanction
provisions.\9\ The 60-day comment period for the NPRM closed on April
8, 2024.
B. General Overview of Comments
FAA received submissions in response to the NPRM from thirteen
commenters: eight industry associations and five individuals. Two
individual
[[Page 42519]]
commenters supported the proposal with no changes suggested; nine
commenters, including the eight industry associations and one
individual, supported the rule with suggested changes, one individual
opposed the proposal as it related to 14 CFR part 68, and one
individual's comment was out of scope. The industry associations that
submitted comments were Airlines for America (A4A); Aerospace
Industries Association of Brazil; Aircraft Owners and Pilot Association
(AOPA); Air Line Pilots Association, International (ALPA); Aeronautical
Repair Station Association (ARSA) (in conjunction with Aerospace
Industries Association, Aircraft Electronics Association, Cargo Airline
Association, and National Air Carrier Association); Aviation Repair
Resources, Inc.; Modification and Replacement Parts Association
(MARPA); and Aviation Suppliers Association (ASA).
C. Differences Between the NPRM and the Final Rule
As previously stated, FAA has made relatively minimal changes to
its proposal in this final rule. One item that FAA revised is the
incorrect statement and omission prohibitions that were proposed for
Sec. Sec. 3.405 and 402.5. This final rule aligns more closely with
the language in 14 CFR 60.33(c) and 67.403(c) regarding incorrect
statement prohibitions. This final rule narrows the scope of sanctions
for incorrect statements or omissions to allow for an FAA action
against the issuance (e.g., approval, acceptance, certificate) that is
related to the material incorrect statement. The second change FAA made
in this final rule as a result of public comment is the inclusion of a
definition of ``documents in any format.'' The changes are discussed in
more detail under ``IV. Discussion of Comments and the Final Rule.''
IV. Discussion of Comments and the Final Rule
A. Revision of the Proposed ``Incorrect Statement, or Omission''
Prohibitions in Sections 3.405 and 402.5
In the NPRM, FAA proposed in Sec. Sec. 3.405(a) and 402.5(a) to
prohibit incorrect statements: ``No person may make or cause to be made
a material incorrect statement or omit or cause to be omitted a
material fact, in'' the documents described in Sec. Sec. 3.405(a)(1)-
(2) and 402.5(a)(1)-(2).\10\ Under the proposal, an incorrect statement
under Sec. 3.405(a)(1)-(2) and 402.5(a)(1)-(2) may serve as a basis
for an FAA action against any issuance or grant.\11\
A4A, AOPA, ALPA, ASA, MARPA, ARSA, and Aerospace Industries
Association of Brazil recommended that FAA eliminate or limit the
prohibition of unknowing or unintentional incorrect statements and
omissions in proposed Sec. Sec. 3.405 and 402.5. They commented that
the proposed prohibitions would create a strict liability offense that
would punish honest mistakes and create a chilling effect on the
voluntary reporting of safety-related information. Likewise, one
individual commented that sanctioning unintentional errors or omissions
would make persons reluctant to report safety concerns. The
organizational groups noted that the consequence of making an incorrect
statement or causing such a statement to be made would be unduly harsh
and overbroad because FAA could take action against certificates or
other issuances that were not issued in reliance on the incorrect
statement or omission. Similarly, ASA commented that Sec. Sec. 3.405
and 402.5 made the proposed rule a ``significant regulatory action''
under E.O. 12866, because they ``create a novel enforcement approach to
incorrect statements by creating a strict liability enforcement
mechanism for honest mistakes.''
FAA agrees that the proposed regulatory text regarding the
incorrect statement and omission prohibition should be modified. In
this final rule, FAA revises proposed Sec. Sec. 3.405 and 402.5 to
align more closely with the structure of 14 CFR 60.33(c) and 67.403(c)
regarding incorrect statements. Regarding Sec. 3.405, rather than
proscribing incorrect statements as proposed in the NPRM, this final
rule provides that an incorrect statement or omission of fact may serve
as a basis for suspending, modifying, revoking, rescinding, removing,
or withdrawing an acceptance, approval, authorization, certificate,
rating, declaration, designation, qualification, or similar, or denying
an application or request for reconsideration, or similar, issued or
granted by the Administrator. This change prevents a strict liability
application of sanctions for incorrect statements and omissions and
instead allows FAA to take appropriate remedial action tailored to the
circumstances surrounding the incorrect statement or omission. The
final regulatory language of Sec. 402.5 mirrors the above-referenced
revision.
The revisions addressed in the preceding paragraph render moot
ASA's statement that Sec. Sec. 3.405 and 402.5 constitutes a
``significant regulatory action'' under E.O. 12866.
B. Non-Applicability of New Sec. Sec. 3.403 and 3.405 to 14 CFR
Chapter 1, Subchapter I
In the NPRM, FAA proposed Sec. 3.403 to prohibit fraud and
intentional falsification and, as noted above, Sec. 3.405 to prohibit
incorrect statements or omissions. Section 3.401 applied Sec. Sec.
3.403 and 3.405 to 14 CFR chapter 1 as follows: ``This subpart applies
to any person subject to the requirements in subchapter A (except parts
1 and 3), subchapter C (except part 39), subchapter D, subchapter E
(except parts 71 and 73), subchapter F (except parts 95 and 97),
subchapter G (except part 110), subchapter H, and subchapter K (except
parts 185, 187, 189 and 193), of this chapter.''
A4A stated that without adequate explanation, FAA excluded certain
airport regulations from the applicability of Sec. 3.401 in the
proposed rule. The commenter explained that if the rulemaking were to
standardize the existing falsification regulations, then it should
apply to all aviation stakeholders, including those under 14 CFR
chapter 1, subchapter I (``Airports''), which includes regulations that
implicate aviation safety.
The FAA declines to expand the scope of the rule to all parts of 14
CFR chapter I or to subchapter I. The NPRM did not propose to include
subchapter I, and stated that application of the falsification
prohibition to subchapter I would constitute an unnecessary or
unwarranted expansion of the falsification prohibition at this
time.\12\ Subchapter I contains regulatory parts that are subject to
other Federal laws and requirements (e.g., Part 150, ``Airport Noise
Compatibility Planning''; Part 151, ``Grants of Funds: General
Policies''; Part 152, ``Airport Aid Program''; Part 156, ``State Block
Grant Pilot Program''; and Part 158, ``Passenger Facility Charges
(PFC's)''). Therefore, FAA is not making changes in this final rule as
a result of this comment, but will take these comments into
consideration for potential future regulatory revisions.
C. Relationship Between the Revisions and FAA's Proposed Rulemaking,
``Disclosure of Safety Critical Information''
A4A commented that ``the FAA proposes to make unknowing material
misstatements or unknowing omissions violations of the law'' and
questioned whether the proposal conflicted with FAA's planned
``iterative application and reporting requirements'' in the proposed
rulemaking regarding ``Disclosure of Safety Critical
[[Page 42520]]
Information'' (DOSCI), applicable to 14 CFR part 21.\13\ The proposal
in the DOSCI NPRM would impose, as required by the Aircraft
Certification, Safety, and Accountability Act (ACSAA), Sec. 105(a)
(codified at 49 U.S.C. 44704(e)), certain submittal and ongoing
disclosure requirements of ACSAA Sec. 105(a) on applicants and holders
of type certificates (TC) respectively, including amended TCs for
transport category airplanes covered by 14 CFR part 25.\14\
Currently, each applicant for a TC must show, and certify, that it
has complied with the applicable requirements in accordance with 14 CFR
21.20. These requirements are unaffected by this final rule. Also,
after issuing the TC, FAA may conduct a reinspection at any time under
49 U.S.C. 44709(a). Such a reinspection could be appropriate if, for
example, an incorrect statement or omission called into question the
validity of an applicant showing or certification under 14 CFR 21.20,
or an FAA finding of compliance, and therefore the validity of the TC.
Under such circumstances, FAA could seek to amend, modify, suspend, or
revoke the certificate under Sec. 44709(b) if safety in air commerce
or air transportation and the public interest required that action.
Such authority is unaffected by this rule.
The changes in this final rule to Sec. Sec. 3.405 and 402.5 do not
expand the consequences of material incorrect statements or omissions
of material fact beyond what is currently allowed under the
Administrator's reinspection/reexamination authority in 49 U.S.C.
44709. However, FAA acknowledges the possibility that its review of
safety-critical information submitted by an applicant under the
Congressionally mandated DOSCI proposal before certification could
reveal material, but unintentional, incorrect statements or omissions
of material fact. In such instances, FAA anticipates that the applicant
or certificate holder would make necessary updates or corrections to
show and certify compliance before FAA, or its designee, makes any
findings and issues the TC. In any event, if FAA issued a certification
and later discovered that an unintentional, incorrect statement or
omission was material to the issuance, validity, or granting of that
certification, FAA could take remedial action against the issued
certificate under Sec. 3.405 in the interest of aviation safety. The
holder of the certificate at issue would be able to apply for a new
certificate supported by corrected information.
In this final rule, FAA has changed Sec. Sec. 3.405 and 402.5 to
resolve the potential conflict between this falsification prohibition
rulemaking and the requirements proposed by the DOSCI NPRM. The changes
in this final rule limit the consequence of incorrect statements or
omissions to an action against the acceptance, application approval,
authorization, certificate, rating, declaration, designation,
qualification, request for reconsideration, or similar, when the
incorrect statement or omission was material to its issuance, validity,
or grant.
D. Delineation of Specific Regulations in Part 3
In the NPRM, FAA proposed a new Sec. 3.401, which would identify
the applicable regulatory subchapters of 14 CFR chapter I affected by
this rule, and certain exceptions. AOPA recommended that FAA ``clearly
delineate the specific regulations subject to the proposal rather than
to cover the proposal with blanket applicability.'' Similarly, ALPA
stated that the proposal lacks ``a comprehensive listing, or specific
notice, of 14 CFR `record requirements,' '' which is ``complicated by
the expanded coverage and expanded sanctions'' associated with the
proposed regulatory text in the part 3 rule.\15\
FAA notes that proposed Sec. 3.401 did not apply ``blanket
applicability,'' but rather identified the applicable subchapters and
the excepted parts of those subchapters. Thus, Sec. 3.401 notifies the
public as to which parts of 14 CFR this final rule applies. This final
rule applies to the entirety of each regulatory part identified in
Sec. 3.401, just as the current falsification prohibitions in
particular parts apply to those entire parts.
Regarding ALPA's comment, the final rule does not contain a
comprehensive listing of ``record requirements'' in 14 CFR because the
record requirements or documents that persons may submit, or that are
kept, made, or used to show compliance, vary widely depending on the
part. The falsification regulations as stated in this final rule cover
the documents referenced in those specific parts. Therefore, the final
rule covers, for example, the records or reports described previously
in Sec. 43.12(a)(1) that are required to be made, kept, or used to
show compliance with any requirement under part 43. Similarly, it
covers the applications for a certificate, rating, or authorization
described previously in Sec. 61.59(a)(1). FAA did not make any changes
to Sec. 3.401 based on this comment, and the section is adopted as
proposed.
E. Definition of ``Document in Any Format''
AOPA commented that proposed Sec. Sec. 3.403 and 3.405 use
``document'' and ``statement'' as ``terms of art'' and as the sole
descriptors of what may be falsified. ALPA also noted this language and
concluded this will lead to confusion and unintentional noncompliance
and asked FAA to revise the proposed language to include definitions
for ``document'' and ``statement'' as those terms were not defined in
the NPRM.
FAA agrees in part with the commenters. The proposal generally
intended the ordinary definition of the terms ``document'' and
``statement.'' However, those terms are not the sole descriptors of
what may be falsified. Rather, proposed Sec. Sec. 3.403, 3.405, 402.3,
and 402.5 contain a list of types of documents in which a person could
make a false statement. In addition, the NPRM explained, and this final
rule reiterates, that documents ``in any format'' include tangible
formats such as a data plate or marked parts. Nonetheless, FAA has
updated the final rule text in response to this comment by defining, in
Sec. Sec. 3.401 and 402.1, ``document in any format'' as including
documents (electronic or physical), and other tangible items, such as
data plates or marked parts.
F. Use of the Word ``Any''
AOPA and an individual recommended that FAA revise the proposal to
limit the use of the word ``any.'' AOPA encouraged ``specificity in the
regulatory text to foster an easily understandable regulatory scheme.''
Additionally, AOPA opined that the frequency of the proposed use of
``any'' ``creates confusion and fosters misunderstanding, leading to
unintentional noncompliance and unintended consequences.''
FAA does not concur that limiting the use of ``any'' is necessary.
The meaning and use of ``any'' is unambiguous and consistent with the
use of that term in the falsification regulations that existed prior to
this final rule. To illustrate, using 14 CFR 61.59 as a representative
example, the language used in the prior falsification regulations
included a prohibition of ``any fraudulent or intentionally false
statement on any application for a certificate, rating, authorization,
or duplicate thereof, issued under this part.'' \16\ Likewise, the
final rule, made applicable to part 61 through Sec. 3.401 and read in
conjunction with Sec. 3.403, prohibits any fraudulent or intentionally
false statement in any document consisting of any application
[[Page 42521]]
submitted under part 61. Thus, the final rule as applied to part 61
(and the other applicable parts), and its use of the term ``any'' has
the same intent, scope, and effect as it does under the prior
falsification prohibitions. FAA made no changes to the rule as a result
of this comment.
G. Whether It Is Necessary To Clarify in Sec. 3.403(a) That Fraudulent
Conduct Is Intentional
In the NPRM, FAA proposed new Sec. 3.403(a), which would prohibit
``any fraudulent or intentionally false statement . . . .'' A4A
recommended that FAA clarify Sec. 3.403(a) by adding the mens rea
element of ``intentionally'' before the word ``fraudulent'' to ensure
that individuals lacking scienter are not inadvertently subject to this
section.
FAA notes that adding a mens rea element before ``fraudulent''
would be redundant and, therefore, unnecessary. The traditional
definition of fraud is well-established and includes intentional
falsification as an element. Intentional falsification consists of (1)
a false representation, (2) in reference to a material fact, and (3)
made with knowledge of its falsity.\17\ The United States Supreme Court
has identified that fraud consists of those three elements plus (4) the
intent to deceive and (5) with action taken in reliance upon the
representation.\18\ Since fraud includes knowledge of the false
statement and the intent to deceive, adding a mens rea element before
``fraudulent'' is unnecessary. FAA made no changes to the rule as a
result of this comment.
H. Applicability of the Final Rule to 14 CFR Part 68
An individual stated that FAA lacks statutory authority to issue
falsification regulations applicable to the BasicMed provisions under
14 CFR part 68 because BasicMed does not involve the issuance of a
certificate. The commenter also stated that 18 U.S.C. 1001 and the
affirmations required by BasicMed in the FAA Extension, Safety, and
Security Act of 2016, Public Law 114-190 (FESSA) in connection with the
Comprehensive Medical Examination Checklist (CMEC) and Medical
Education Course are sufficient substitutes for falsification
regulations that would apply to the BasicMed regulations of 14 CFR part
68.
FAA is authorized to issue falsification regulations applicable to
14 CFR part 68. The FAA's authority under 49 U.S.C. 44701 is not
limited to the issuance of certificates. Rather, FAA has broad
authority under Sec. 44701(a)(5) to issue ``regulations and minimum
standards for cybersecurity and other practices, methods, and
procedures the Administrator finds necessary for safety in air commerce
and national security.'' Such regulations include longstanding
falsification prohibitions, and this final rule applies a falsification
prohibition appropriately to part 68 through Sec. 3.401 as read in
conjunction with Sec. 3.403.
FAA has determined that the affirmations of truthfulness and
completion required in FESSA Sec. 2307(b) regarding completion of the
CMEC are insufficient substitutes for falsification regulations in 14
CFR part 68.\19\ FAA's determination is based on its experience
addressing persistent instances of falsification throughout the years,
including falsification of a similar certification statement in an FAA
application for an airman medical certificate affirming that the airman
has provided accurate and complete information.
Similarly, criminal falsification prohibitions under 18 U.S.C Sec.
1001 are an insufficient substitute for administrative falsification
prohibitions. Indeed, FAA acknowledged as much by implementing the
earliest falsification regulations in 1964 under the Federal Aviation
Act of 1958.\20\ At that time, criminal penalties for falsification had
been in effect under the Civil Aeronautics Act of 1938, Sec. 902(e)
(Act of 1938). However, the Act of 1938 authorized no administrative
sanction for falsification, and the Civil Aviation Regulations
implemented under the Act of 1938 contained no falsification
regulations. FAA issued the earliest falsification regulations, which
allow FAA to take appropriate action in the civil or administrative
context when a person lacks the care, judgment, and responsibility to
hold a certificate to cure this gap. Application of this final rule to
part 68 through Sec. 3.401, and read in conjunction with Sec. 3.403,
prohibits directly the falsification of medical education course
certifications, comprehensive medical exam checklist certifications,
and additional information submitted under Sec. 68.11. The sanction
for such falsifications is certificate action against the part 61 and,
if applicable, part 67 certificates. No changes were made to the rule
as a result of this comment.
I. Applicability of the Final Rule to Statements Made on FAA Form 8130-
3
In the NPRM, FAA proposed Sec. Sec. 402.1, 402.3, and 402.5, which
would apply a falsification prohibition to 14 CFR chapter 3, subchapter
C, and provide a means for addressing incorrect statements. ASA
indicated that a civil penalty against a person resulting from an
alleged violation of Sec. Sec. 402.3(c) or 402.5 based on a failure to
include information in the ``Remarks'' section of an FAA Form 8130-3,
Authorized Release Certificate, Airworthiness Approval Tag (an ``8130-3
tag''), may violate the Paperwork Reduction Act (PRA) when the omitted
information is of the type recommended in FAA Order 8130.21H,
``Procedures for Completion and Use of the Authorized Release
Certificate, FAA Form 8130-3, Airworthiness Approval Tag,'' which is
not an information collection that has been subject to OMB controls,
and thus is advisory only.\21\
There is no new requirement for information collection associated
with this final rule. FAA made no change to the rule as a result of
this comment.
J. Technical Amendment to 14 CFR 3.1
Although not related directly to the falsification regulations in
the NPRM and this final rule, FAA amends Sec. 3.1(a) by changing
``part'' to ``subpart.'' This technical amendment was necessary, but
not accomplished, when FAA in 2019 added the security threat
disqualification regulations at Sec. Sec. 3.200 and 3.205.\22\ Before
FAA implemented those regulations, part 3 consisted solely of
Sec. Sec. 3.1 and 3.5. With the implementation of Sec. Sec. 3.200 and
3.205, FAA divided part 3 into Subpart A, consisting of Sec. Sec. 3.1
and 3.5, and Subpart B, consisting of Sec. Sec. 3.200 and 3.205. After
FAA divided part 3 into two subparts, it became necessary for Sec. 3.1
(``Applicability'') to apply to subpart A rather than part 3 as a
whole. Therefore, in this final rule FAA has changed ``part'' to
``subpart'' in Sec. 3.1(a).
V. Regulatory Notices and Analyses
A. Regulatory Evaluation
E.O. 12866 (``Regulatory Planning and Review'') and E.O. 13563
(``Improving Regulation and Regulatory Review'') require agencies to
regulate in the ``most cost-effective manner,'' to make ``a reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' The Office of Management and Budget has determined that this
rule is not a ``significant regulatory action'' as defined in section
(3)(f)(1) of E.O. 12866.
On February 8, 2024, FAA published an NPRM (89 FR 8560). FAA
received comments from eight industry associations and five individuals
in response to the NPRM. None of the comments expressed concerns with
the economic impacts of the proposal. Therefore, the following
regulatory evaluation has no changes from the
[[Page 42522]]
regulatory evaluation provided in the NPRM.
1. Need for the Regulation
Falsification regulations promote aviation and commercial space
safety by incentivizing the provision of accurate and truthful
information to FAA. The final rule enhances aviation safety by
standardizing and extending the scope of conduct proscribed by
falsification regulations that FAA intends to deter across all the
applicable sections of 14 CFR. The final rule also standardizes
sanction provisions for this conduct and allows for more consistent
sanction determinations as appropriate.
2. Benefits
The final rule benefits the safety of the public by ensuring that
information made, kept, or used to show compliance with regulatory
requirements or provided to FAA is accurate and complete. The final
rule also benefits private industry by standardizing sanction
provisions and providing consistent sanction determinations. Additional
benefits to private industry include a more reliable aviation system.
3. Costs
FAA has evaluated the cost impacts to the stakeholders involved in
this final rule. FAA does not anticipate any new cost impact to
industry and FAA anticipates minor administrative cost savings because
the consolidation of the various prohibitions in one part creates
efficiencies for both industry and FAA by eliminating the
inconsistencies that exist in the current regulations and associated
sanctions and centralizing the prohibition in one location.
4. Regulatory Alternatives
FAA considered no action as an alternative to this rulemaking.
However, taking no action would not achieve the needed harmonization
and consolidation of the falsification regulations and standardization
of the scope of conduct proscribed by falsification regulations.
5. Conclusion
FAA has, therefore, determined that this final rule has no new
costs, but positive benefits due to the consolidation of these
regulations. This rule is not a ``significant regulatory action'' as
defined in section 3(f) of E.O. 12866 and is not ``significant'' as
defined in DOT's Regulatory Policies and Procedures. This rule is an
E.O. 14192 deregulatory action because it has total costs less than
zero.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612 (Pub. L.
96-354, 94 Stat. 1164, Sept. 19, 1980), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
110 Stat. 857, Mar. 29, 1996) and the Small Business Jobs Act of 2010
(Pub. L. 111-240, 124 Stat. 2504 Sept. 27, 2010), requires Federal
agencies to consider the effects of the regulatory action on small
businesses and other small entities and to minimize any significant
economic impact. The term ``small entities'' comprises small businesses
and not-for-profit organizations that are independently owned and
operated and are not dominant in their fields and governmental
jurisdictions with populations of less than 50,000.
FAA has not identified any small entities that will be affected by
the rule because this standardization of the scope of conduct
proscribed by falsification regulations does not add any new costs to
regulated entities. Therefore, FAA certifies that the final rule will
not have a significant economic impact on small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. FAA has
determined that this final rule is not considered an unnecessary
obstacle to trade.
FAA has assessed the potential effect of this final rule and
determined its objective is to ensure the safety of the American public
and it does not exclude imports that meet this objective. As a result,
FAA does not consider this final rule as creating an unnecessary
obstacle to foreign commerce.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or Tribal government or the private sector to incur direct costs
without the Federal Government having first provided the funds to pay
those costs. FAA determined this final rule will not result in the
expenditure of $183 million or more by State, local, or Tribal
governments, in the aggregate, or the private sector, in any one year.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FAA consider the impact of paperwork and other information
collection burdens imposed on the public. FAA has determined there is
no new requirement for information collection associated with this
final rule.
F. International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. FAA has
determined there are no ICAO Standards and Recommended Practices that
correspond to these regulations.
G. Environmental Analysis
The Department has analyzed the environmental impacts of this final
rule pursuant to the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321 et seq.). FAA has determined that this rule is
categorically excluded pursuant to FAA Order 1050.1G. Categorical
exclusions are categories of actions that the agency has determined
normally do not significantly affect the quality of the human
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See DOT Order
5610.1D Sec. 9. In analyzing the applicability of a categorical
exclusion, the agency must also consider whether extraordinary
circumstances are present that would warrant the preparation of an EA
or EIS. Id. Sec. 9(b). This rulemaking, which amends, restructures,
and consolidates the falsification regulations presently located
throughout title 14 of the CFR, is categorically excluded pursuant to
appendix B-2.6(f) of the FAA Order: ``Regulations, standards, and
exemptions (excluding those that if implemented may cause a significant
impact on the human environment).'' FAA does not anticipate any
environmental impacts, and there are no
[[Page 42523]]
extraordinary circumstances present in connection with this rulemaking.
VI. E.O. Determinations
A. E.O. 13132, Federalism
FAA has analyzed this final rule under the principles and criteria
of E.O. 13132, Federalism. FAA has determined this action will not have
a substantial direct effect on the States, or the relationship between
the Federal Government and the States, or on the distribution of power
and responsibilities among the various levels of government, and,
therefore, will not have federalism implications.
B. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
Consistent with E.O. 13175, Consultation and Coordination with
Indian Tribal Governments, and FAA Order 1210.20, American Indian and
Alaska Native Tribal Consultation Policy and Procedures, FAA ensures
that Federally Recognized Tribes (Tribes) are given the opportunity to
provide meaningful and timely input regarding proposed Federal actions
that have the potential to have substantial direct effects on one or
more Tribes, on the relationship between the Federal Government and
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Tribes; or to affect uniquely or
significantly their respective Tribes. At this point, FAA has not
identified any unique or significant effects, environmental or
otherwise, on Tribes resulting from this final rule.
C. E.O. 13211, Regulations That Significantly Affect Energy Supply,
Distribution, or Use
FAA analyzed this final rule under E.O. 13211, Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use (May 18, 2001). FAA has determined that it is not a ``significant
energy action'' under the E.O. and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
D. E.O. 13609, Promoting International Regulatory Cooperation
E.O. 13609, Promoting International Regulatory Cooperation,
promotes international regulatory cooperation to meet shared challenges
involving health, safety, labor, security, environmental, and other
issues and to reduce, eliminate, or prevent unnecessary differences in
regulatory requirements. FAA has analyzed this action under the
policies and agency responsibilities of E.O. 13609 and has determined
this action will have no effect on international regulatory
cooperation.
VII. Additional Information
A. Electronic Access and Filing
A copy of the NPRM, all comments received, this final rule, and all
background material may be viewed online at www.regulations.gov using
the docket number listed above. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at FAA's Regulations and
Policies website at www.faa.gov/regulations_policies.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents FAA considered in developing this final rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(Pub. L. 104-121, 110 Stat. 857, Mar. 29, 1996) requires FAA to comply
with small entity requests for information or advice about compliance
with statutes and regulations within its jurisdiction. A small entity
with questions regarding this document may contact its local FAA
official, or the person listed under the FOR FURTHER INFORMATION
CONTACT heading at the beginning of the preamble. To find out more
about SBREFA on the internet, visit www.faa.gov/regulations_policies/rulemaking/sbre_act/.
Endnotes
\1\ Subpart A of part 3 uniquely proscribes fraudulent and
intentionally false statements and misleading statements when
conveying information related to an advertisement or sales
transaction. See 14 CFR 3.1 and 3.5. Subpart A is unaffected by this
rulemaking.
\2\ 89 FR 8560.
\3\ 89 FR 8561.
\4\ Id. at 8562.
\5\ Id.
\6\ 14 CFR 111.35.
\7\ Id. at 8562.
\8\ Id. at 8566.
\9\ Id.
\10\ The documents described in Sec. 3.405(a)(1)-(2) are: ``(1)
Any document in any format, submitted under any provision referenced
in Sec. 3.401, consisting of or related to any acceptance,
application, approval, authorization, certificate, rating,
declaration, designation, qualification, record, report, request for
reconsideration, or similar; or (2) Any document in any format that
is kept, made, or used to show compliance with any requirement under
the provisions referenced in Sec. 3.401.''
The documents described in Sec. 402.5(a)(1) are: ``(1) Any
document in any format, submitted under any provision referenced in
Sec. 402.1, consisting of or related to any acceptance,
application, approval, authorization, permit, license, waiver,
record, report, or similar; or (2) Any document in any format that
is kept, made, or used to show compliance with any requirement under
the provisions referenced in Sec. 402.1.''
\11\ Under Sec. 3.405(b), a material incorrect statement, or
omission of a material fact, in any document described in Sec.
3.405(a)(1) and (2) may serve as a basis for denying, suspending,
modifying, revoking, rescinding, removing, or withdrawing any
acceptance, application, approval, authorization, certificate,
rating, declaration, designation, qualification, request for
reconsideration, or similar, issued or granted by the Administrator
and held by that person.
Under Sec. 402.5(b), a material incorrect statement, or
omission of a material fact, in a document described in Sec.
402.5(a)(1) and (2) may serve as a basis for denying, suspending,
modifying, revoking, rescinding, removing, or withdrawing any
acceptance, application, approval, authorization, permit, license,
waiver, or similar, issued or granted by the Administrator and held
by that person.
\12\ 89 FR 8568.
\13\ 89 FR 4841 (Jan. 25, 2024).
\14\ Id. at 4846.
\15\ ALPA cited ``record requirements'' as that term appeared in
the NPRM at 89 FR 8567.
\16\ 14 CFR 61.59(a)(1).
\17\ Hart v. McLucas, 535 F.2d 516, 519 (9th Cir. 1976).
\18\ Pence v. United States, 316 U.S. 332, 338 (1942).
\19\ Under FESSA Sec. 2307(b)(2)(A)(ii), the CMEC shall contain
. . . ``a signature line for the individual to affirm that--(I) the
answers provided by the individual on that checklist, including the
individual's answers regarding medical history, are true and
complete; (II) the individual understands that he or she is
prohibited under Federal Aviation Administration regulations from
acting as pilot in command, or any other capacity as a required
flight crew member, if he or she knows or has reason to know of any
medical deficiency or medically disqualifying condition that would
make the individual unable to operate the aircraft in a safe manner;
and (III) the individual is aware of the regulations pertaining to
the prohibition on operations during medical deficiency and has no
medically disqualifying conditions in accordance with applicable
law.''
[[Page 42524]]
\20\ 29 FR 4919 (Apr. 8, 1964).
\21\ Under proposed Sec. 402.3(c), ``No person may knowingly
omit or cause to be omitted a material fact in: (1) Any document in
any format, submitted under any provision referenced in Sec. 402.1,
consisting of or related to any acceptance, application, approval,
authorization, permit, license, waiver, record, report, or similar;
or (2) Any document in any format that is kept, made, or used to
show compliance with any requirement under the provisions referenced
in Sec. 402.1.''
\22\ 84 FR 42803 (Aug. 19, 2019).
\23\ 65 FR 67249 (Nov. 6, 2000).
\24\ FAA Order No. 1210.20 (Jan. 28, 2004), available at
www.faa.gov/documentLibrary/media/1210.pdf.
List of Subjects
14 CFR Part 3
Aircraft, Aviation safety, Fraud.
14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 60
Airmen, Aviation safety, Reporting and recordkeeping requirements.
14 CFR Part 61
Airmen, Alcohol abuse, Aviation safety, Drug abuse, Recreation and
recreation areas, Reporting and recordkeeping requirements, Security
measures, Teachers.
14 CFR Part 63
Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Navigation (air), Reporting and recordkeeping requirements, Security
measures.
14 CFR Part 65
Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse,
Aviation safety, Drug abuse, Reporting and recordkeeping requirements,
Security measures.
14 CFR Part 67
Airmen, Authority delegations (Government agencies), Health,
Reporting and recordkeeping requirements.
14 CFR Part 89
Air traffic control, Aircraft, Airmen, Aviation safety, Reporting
and recordkeeping requirements, Security measures.
14 CFR Part 107
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures.
14 CFR Part 111
Administrative practice and procedure, Air carriers, Air operators,
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Charter
flights, Drug abuse, Public aircraft, Reporting and recordkeeping
requirements.
14 CFR Part 120
Air carriers, Air traffic controllers, Airmen, Alcohol abuse,
Alcoholism, Aviation safety, Drug abuse, Drug testing, Reporting and
recordkeeping requirements, Safety, Transportation.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 139
Air carriers, Aircraft, Airports, Aviation safety, Reporting and
recordkeeping requirements.
14 CFR Part 142
Aircraft, Airmen, Aviation safety, Educational facilities,
Reporting and recordkeeping requirements, Schools, Students, Teachers.
14 CFR Part 145
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 402
Fraud, Reporting and recordkeeping requirements, Rockets, Safety,
Space transportation and exploration.
14 CFR Part 413
Confidential business information, Reporting and recordkeeping
requirements, Rockets, Safety, Space transportation and exploration.
The Amendment
For the reasons discussed in the preamble, the Federal Aviation
Administration amends 14 CFR parts 3, 21, 43, 60, 61, 63, 65, 67, 89,
107, 111, 120, 121, 139, 142, 145, 402, and 413 as follows:
PART 3--GENERAL REQUIREMENTS
0
1. The authority citation for part 3 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44709, 46111, 46103
and 46301.
0
2. Revise Sec. 3.1(a) introductory text to read as follows:
Sec. 3.1 Applicability.
(a) This subpart applies to any person who makes a record
regarding:
* * * * *
0
3. Add subpart D, consisting of Sec. Sec. 3.401, 3.403, and 3.405, to
read as follows:
Subpart D--Falsification, Reproduction, Alteration, Omission, or
Incorrect Statements
Sec.
3.401 Applicability and definitions.
3.403 Falsification, reproduction, alteration, or omission.
3.405 Incorrect statement or omission.
Sec. 3.401 Applicability and definitions.
(a) This subpart applies to any person subject to the requirements
in subchapter A (except parts 1 and 3), subchapter C (except part 39),
subchapter D, subchapter E (except parts 71 and 73), subchapter F
(except parts 95 and 97), subchapter G (except part 110), subchapter H,
and subchapter K (except parts 185, 187, 189, and 193), of this
chapter.
(b) For purposes of this part, ``document in any format'' includes
documents (electronic or physical), and also other tangible items, such
as data plates or marked parts.
Sec. 3.403 Falsification, reproduction, alteration, or omission.
(a) No person may make or cause to be made any fraudulent or
intentionally false statement in:
(1) Any document in any format, submitted under any provision
referenced in Sec. 3.401, consisting of or related to any acceptance,
application, approval, authorization, certificate, rating, declaration,
designation, qualification, record, report, request for
reconsideration, or similar; or
(2) Any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 3.401.
(b) No person may make or cause to be made any production,
reproduction, or alteration, for fraudulent purpose, of:
(1) Any document in any format, submitted or granted under any
provision referenced in Sec. 3.401, consisting of or related to any
acceptance, application, approval, authorization, certificate, rating,
declaration, designation, qualification, record, report, request for
reconsideration, or similar; or
(2) Any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 3.401.
(c) No person may knowingly omit, or cause to be omitted, a
material fact in:
(1) Any document in any format, submitted under any provision
referenced in Sec. 3.401, consisting of or related to any acceptance,
application,
[[Page 42525]]
approval, authorization, certificate, rating, declaration, designation,
qualification, record, report, request for reconsideration, or similar;
or
(2) Any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 3.401.
(d) The commission by any person of an act prohibited under
paragraphs (a) through (c) of this section is a basis for:
(1) Denying, suspending, modifying, revoking, rescinding, removing,
or withdrawing any acceptance, application, approval, authorization,
certificate, rating, declaration, designation, qualification, request
for reconsideration, or similar, issued or granted by the Administrator
and held by that person; or
(2) A civil penalty.
Sec. 3.405 Incorrect statement or omission
(a) The following may serve as a basis for suspending, modifying,
revoking, rescinding, removing, or withdrawing an acceptance, approval,
authorization, certificate, rating, declaration, designation,
qualification, or similar, or denying an application or request for
reconsideration, or similar, issued or granted by the Administrator:
(1) An incorrect statement or omission of fact by any person, in or
from any document in any format, submitted under any provision
referenced in Sec. 3.401, that was material to the issuance, validity,
or granting of that acceptance, application, approval, authorization,
certificate, rating, declaration, designation, qualification, request
for reconsideration, or similar; or
(2) An incorrect statement or omission of fact by any person, in or
from any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 3.401, that was material to the issuance, validity, or granting
of that acceptance, approval, authorization, certificate, rating,
declaration, designation, qualification, request for reconsideration,
or similar.
(b) [RESERVED].
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES
0
4. The authority citation for part 21 is revised to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
Sec. 21.2 [Removed and reserved]
0
5. Remove and reserve Sec. 21.2.
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
0
6. The authority citation for part 43 is revised to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
Sec. 43.12 [Removed and reserved]
0
7. Remove and reserve Sec. 43.12.
PART 60--FLIGHT SIMULATION TRAINING DEVICE INITIAL AND CONTINUING
QUALIFICATION AND USE
0
8. The authority citation for part 60 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, and 44701; Pub. L. 111-216,
124 Stat. 2348 (49 U.S.C. 44701 note).
Sec. 60.33 [Removed and Reserved]
0
9. Remove and reserve Sec. 60.33.
Appendix A to Part 60 [Amended]
0
10. In Appendix A to part 60:
0
a. In the table of contents, remove and reserve entry 22., and
0
b. Remove and reserve section ``22. Applications, Logbooks, Reports,
and Records: Fraud, Falsification, or Incorrect Statements (Sec.
60.33)''
0
Appendix B to Part 60 [Amended]
0
11. In Appendix B to part 60:
0
a. In the table of contents, remove and reserve entry 22., and
0
b. Remove and reserve section ``22. Applications, Logbooks, Reports,
and Records: Fraud, Falsification, or Incorrect Statements (Sec.
60.33).''
Appendix C to Part 60 [Amended]
0
12. In Appendix C to part 60:
0
a. In the table of contents, remove and reserve entry 22., and
0
b. Remove and reserve section ``22. Applications, Logbooks, Reports,
and Records: Fraud, Falsification, or Incorrect Statements (Sec.
60.33).''
Appendix D to Part 60 [Amended]
0
13. In Appendix D to part 60:
0
a. In the table of contents, remove and reserve entry 22., and
0
b. Remove and reserve section ``22. Applications, Logbooks, Reports,
and Records: Fraud, Falsification, or Incorrect Statements (Sec.
60.33).''
PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
0
14. The authority citation for part 61 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 44729, 44903, 45102-45103, 45301-45302.
Sec. 61.59 [Removed and Reserved]
0
15. Remove and reserve Sec. 61.59.
PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS
0
16. The authority citation for part 63 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
Sec. 63.20 [Removed and Reserved]
0
17. Remove and reserve Sec. 63.20.
PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
0
18. The authority citation for part 65 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.
Sec. 65.20 [Removed and Reserved]
0
19. Remove and reserve Sec. 65.20.
PART 67--MEDICAL STANDARDS AND CERTIFICATION
0
20. The authority citation for part 67 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45303.
0
21. Revise Sec. 67.401(f)(5) to read as follows:
Sec. 67.401 Special issuance of medical certificates.
* * * * *
(f) * * *
(5) The holder makes or causes to be made a statement that is the
basis for withdrawal of an Authorization, including a SODA, under
subpart D of part 3 of this chapter.
* * * * *
Sec. 67.403 [Removed and Reserved]
0
22. Remove and reserve Sec. 67.403.
PART 89--REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT
0
23. The authority citation for part 89 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40101(d), 40103(b), 44701, 44805,
44809(f); Section 2202 of Pub. L. 114-190, 130 Stat. 629.
Sec. 89.5 [Removed and Reserved]
0
24. Remove and reserve Sec. 89.5.
[[Page 42526]]
PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS
0
25. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5),
46105(c), 46110, 44807.
Sec. 107.5 [Removed and Reserved]
0
26. Remove and reserve Sec. 107.5.
PART 111--PILOT RECORDS DATABASE
0
27. The authority citation for part 111 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40101, 40113, 44701, 44703, 44711,
46105, 46301.
Sec. 111.35 [Removed and Reserved]
0
28. Remove and reserve Sec. 111.35.
PART 120--DRUG AND ALCOHOL TESTING PROGRAM
0
29. The authority citation for part 120 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40101-40103, 40113, 40120, 41706,
41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105,
46105, 46306.
Sec. 120.103 [Removed and Reserved]
0
30. Remove Sec. 120.103.
Sec. 120.213 [Removed and Reserved]
0
31. Remove and reserve Sec. 120.213.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
32. The authority citation for part 121 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40103, 40113, 40119, 41706, 42301
preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C.
44701 note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note);
Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 note).
Sec. 121.9 [Removed and Reserved]
0
33. Remove and reserve Sec. 121.9.
PART 139--CERTIFICATION OF AIRPORTS
0
34. The authority citation for part 139 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44706, 44709, 44719,
47175.
Sec. 139.115 [Removed and Reserved]
0
35. Remove and reserve Sec. 139.115.
PART 142--TRAINING CENTERS
0
36. The authority citation for part 142 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 40119, 44101, 44701-44703,
44705, 44707, 44709-44711, 45102-45103, 45301-45302.
Sec. 142.11 [Removed and Reserved]
0
37. Remove and reserve Sec. 142.11.
PART 145--REPAIR STATIONS
0
38. The authority citation for part 145 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 40113, 44701-44702, 44707, 44709,
44717.
Sec. 145.12 [Removed and Reserved]
0
39. Remove and reserve Sec. 145.12.
0
40. Add part 402 to subchapter A to read as follows:
PART 402--GENERAL REQUIREMENTS
Sec.
402.1 Applicability and definitions.
402.3 Falsification, reproduction, alteration, or omission.
402.5 Incorrect statement or omission.
Authority: 51 U.S.C. 50101-50923.
Sec. 402.1 Applicability and definitions.
(a) This part applies to any person subject to the requirements in
subchapter C of this chapter.
(b) For purposes of this part, ``document in any format'' includes
documents (electronic or physical), and also other tangible items, such
as data plates or marked parts.
Sec. 402.3 Falsification, reproduction, alteration, or omission.
(a) No person may make or cause to be made any fraudulent or
intentionally false statement in:
(1) Any document in any format, submitted under any provision
referenced in Sec. 402.1 of this part, consisting of or related to any
acceptance, application, approval, authorization, permit, license,
waiver, record, report, or similar; or
(2) Any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 402.1.
(b) No person may make or cause to be made any production,
reproduction, or alteration, for fraudulent purpose, of:
(1) Any document in any format, submitted or granted under any
provision referenced in Sec. 402.1, consisting of or related to any
acceptance, application, approval, authorization, permit, license,
waiver, record, report, or similar; or
(2) Any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 402.1.
(c) No person may knowingly omit or cause to be omitted a material
fact in:
(1) Any document in any format, submitted under any provision
referenced in Sec. 402.1, consisting of or related to any acceptance,
application, approval, authorization, permit, license, waiver, record,
report, or similar; or
(2) Any document in any format that is kept, made, or used to show
compliance with any requirement under the provisions referenced in
Sec. 402.1.
(d) The commission by any person of an act prohibited under
paragraphs (a) through (c) of this section is a basis for:
(1) Denying, suspending, modifying, revoking, rescinding, removing,
or withdrawing any acceptance, application, approval, authorization,
permit, license, waiver, or similar, issued or granted by the
Administrator and held by that person; or
(2) A civil penalty.
Sec. 402.5 Incorrect statement or omission.
(a) The following may serve as a basis for suspending, modifying,
revoking, rescinding, removing, withdrawing, or denying an acceptance,
application, approval, authorization, permit, license, waiver, or
similar, issued or granted by the Administrator:
(1) An incorrect statement or omission of fact, by any person, in
or from any document in any format, submitted under any provision
referenced in Sec. 402.1, that was material to the issuance, validity,
or granting of that acceptance, application, approval, authorization,
permit, license, waiver, or similar; or
(2) An incorrect statement or omission of a material fact by any
person, in or from any document in any format that is kept, made, or
used to show compliance with any requirement under the provisions
referenced in Sec. 402.1, that was material to the issuance, validity,
or granting of that acceptance, application, approval, authorization,
permit, license, waiver, or similar.
(b) [RESERVED].
PART 413--LICENSE APPLICATION PROCEDURES
0
41. The authority citation for part 413 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
Sec. 413.17 [Removed and Reserved]
0
42. Remove and reserve Sec. 413.17.
[[Page 42527]]
Issued under authority provided by 49 U.S.C. 106(f), 40113,
44701-44709, 46111, 46103, and 46301, in Washington, DC.
Bryan K. Bedford,
Administrator.
[FR Doc. 2025-16902 Filed 9-2-25; 8:45 am]
BILLING CODE 4910-13-P