Falsification, Reproduction, Alteration, Omission, or Incorrect Statements

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Aviation Administration</SUBAGY> <CFR>14 CFR Parts 3, 21, 43, 60, 61, 63, 65, 67, 89, 107, 111, 120, 121, 139, 142, 145, 402, and 413</CFR> <DEPDOC>[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]</DEPDOC> <RIN>RIN 2120-AL84</RIN> <SUBJECT>Falsification, Reproduction, Alteration, Omission, or Incorrect Statements</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Aviation Administration (FAA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective November 3, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> 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 <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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 <E T="03">jessica.kabaz-gomez@faa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Executive Summary</FP> <FP SOURCE="FP1-2">A. Purpose of the Regulatory Action</FP> <FP SOURCE="FP1-2">B. Changes Made in This Final Rule Since the NPRM</FP> <FP SOURCE="FP1-2">C. Summary of the Costs and Benefits</FP> <FP SOURCE="FP-2">II. Authority for This Rulemaking</FP> <FP SOURCE="FP-2">III. Background</FP> <FP SOURCE="FP1-2">A. Summary of the NPRM</FP> <FP SOURCE="FP1-2">B. General Overview of Comments</FP> <FP SOURCE="FP1-2">C. Differences Between the NPRM and the Final Rule</FP> <FP SOURCE="FP-2">IV. Discussion of Comments and the Final Rule</FP> <FP SOURCE="FP1-2">A. Revision of the Proposed “Incorrect Statement, or Omission” Prohibitions in Sections 3.405 and 402.5</FP> <FP SOURCE="FP1-2">B. Non-Applicability of New §§ 3.403 and 3.405 to 14 CFR Chapter 1, Subchapter I</FP> <FP SOURCE="FP1-2">C. Relationship Between the Revisions and FAA's Proposed Rulemaking, “Disclosure of Safety Critical Information”</FP> <FP SOURCE="FP1-2">D. Delineation of Specific Regulations in Part 3</FP> <FP SOURCE="FP1-2">E. Definition of “Document in any Format”</FP> <FP SOURCE="FP1-2">F. Use of the Word “Any”</FP> <FP SOURCE="FP1-2">G. Whether It Is Necessary To Clarify in § 3.403(a) That Fraudulent Conduct Is Intentional</FP> <FP SOURCE="FP1-2">H. Applicability of the Final Rule to 14 CFR Part 68</FP> <FP SOURCE="FP1-2">I. Applicability of the Final Rule to Statements Made on FAA Form 8130-3</FP> <FP SOURCE="FP1-2">J. Technical Amendment to 14 CFR 3.1</FP> <FP SOURCE="FP-2">V. Regulatory Notices and Analyses</FP> <FP SOURCE="FP1-2">A. Regulatory Evaluation</FP> <FP SOURCE="FP1-2">B. Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">C. International Trade Impact Assessment</FP> <FP SOURCE="FP1-2">D. Unfunded Mandates Assessment</FP> <FP SOURCE="FP1-2">E. Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">F. International Compatibility</FP> <FP SOURCE="FP1-2">G. Environmental Analysis</FP> <FP SOURCE="FP-2">VI. E.O Determinations</FP> <FP SOURCE="FP1-2">A. E.O. 13132, Federalism</FP> <FP SOURCE="FP1-2">B. E.O. 13175, Consultation and Coordination With Indian Tribal Governments</FP> <FP SOURCE="FP1-2">C. E.O. 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use</FP> <FP SOURCE="FP1-2">D. E.O. 13609, Promoting International Regulatory Cooperation</FP> <FP SOURCE="FP-2">VII. Additional Information</FP> <FP SOURCE="FP1-2">A. Electronic Access and Filing</FP> <FP SOURCE="FP1-2">B. Small Business Regulatory Enforcement Fairness Act</FP> </EXTRACT> <HD SOURCE="HD1">I. Executive Summary</HD> <HD SOURCE="HD2">A. Purpose of the Regulatory Action</HD> 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. <SU>1</SU> 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, 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. <HD SOURCE="HD2">B. Changes Made in This Final Rule Since the NPRM</HD> 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 §§ 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 T="03">e.g.,</E> 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. <HD SOURCE="HD2">C. Summary of the Costs and Benefits</HD> 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. <HD SOURCE="HD1">II. Authority for This Rulemaking</HD> 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 safet ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 75k characters. 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