|
Getting your Trinity Audio player ready...
|
On February 8, 2024, the FAA published another Notice of Proposed Rulemaking (NPRM) that applies to the drone community.
The drone community flies under Parts 89, 91, 107, 137 and rarely under 135. These regulations have differing levels of how they deal with bad actors making false information and omitting material information when filing paperwork to the FAA. The FAA is combining all of these different sets of regulations throughout all of the different parts into one place so as to fill in gaps and to make things consistent in prohibitions and in what type of sanctions the FAA can impose.
Comments on the proposed regulations are due by April 8, 2024. You can comment here. https://www.regulations.gov/docket/FAA-2024-0021/document
How does this apply to the drone community? Here are some easy examples:
- Applying for a certificate waiver to fly over people and you intentionally left out certain things and/or worded things in such a way to sound like your drone would not cause much of an impact.
- You are a manufacturer. You make false statements to the FAA regarding your product and it’s compliance with remote ID.
- You are working on 44807 determination with the FAA and intentionally leaving out key facts about previous fly-aways or crashes.
- You are registering the drone and make an inaccurate statement about ownership.
- You are a consultant pretending to run a business out of a location you sold years prior.
Important Quotes
“The proposed rules in part 3 and part 402 would proscribe: (1) intentionally false or fraudulent statements; (2) productions, reproductions, or alterations for fraudulent purpose; (3) knowingly omitting or causing to be omitted a material fact; and (4) incorrect statements. Each prohibition is described in the “Discussion of the Proposal” section of this NPRM. Also, the proposed rule would standardize sanctions for violations of the falsification regulations under 14 CFR, chapters I and III, cited in this NPRM.”
“The term “falsification regulations” as used in this NPRM generically refers to a variety of provisions in 14 CFR parts 1–199 implemented over decades that variously prohibit the following: (1) fraudulent or intentionally false statements or entries; (2) any reproduction for fraudulent purpose; (3) any alteration, including alterations for fraudulent purpose; (4) knowingly concealing or causing to be concealed a material fact by omission; (5) concealing or causing to be concealed a material fact; (6) known omissions; (7) misleading statements; and (8) incorrect statements or entries upon which the FAA relied or could have relied. The term also refers to willful false statements prohibited in 14 CFR 413.17(c). A violation of these standards is referenced in this NPRM as “falsification-related” conduct. The proposed rulemaking would consolidate these nine categories of proscribed conduct into the four categories identified above.”
“A false statement is distinct from an intentionally false or fraudulent one. A false statement or entry [1] is one that is incorrect. An incorrect statement or entry is made when a person unknowingly provides false ( i.e., incorrect) information upon which the agency relies. Incorrect statements or entries are prohibited by 14 CFR 60.33(c)(1)–(2) and 67.403. In contrast, an intentional false statement is comprised of three elements: a (1) false statement, (2) in reference to a material fact,[2] (3) that is made with knowledge of its falsity.[3] A fraudulent statement or entry consists of the preceding three elements plus two additional elements: (1) an intent to deceive and (2) with action taken in reliance upon the representation.”
Proposed Language
Subpart D—Falsification, Reproduction, Alteration, Omission, or Incorrect Statements
§ 3.401 Applicability.
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.
§ 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 § 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 § 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 § 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 § 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 § 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 § 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.
§ 3.405 Incorrect statement, or omission.
(a) No person may make or cause to be made a material incorrect statement, or omit or cause to be omitted a material fact, in:
(1) Any document in any format, submitted under any provision referenced in § 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 § 3.401.
(b) A material incorrect statement, or omission of a material fact, in any document described in § 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.
Frequently Asked Questions
I’m a civil aircraft operator. Does this apply to me?
Yes, this would apply to a whole host of things such as registration, authorizations, exemptions, waivers, etc. The term “person” is used which is defined in 14 CFR 1.1 as “an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.”
I’m a public aircraft operator. Does this apply to me?
Yes. See the previous answer.
Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.