Remote Identification of Unmanned Aircraft; Delay, 13629-13630 [2021-04882]

Download as PDF 13629 Rules and Regulations Federal Register Vol. 86, No. 45 Wednesday, March 10, 2021 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. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 11, 47, 48, 89, 91, and 107 [Docket No.: FAA–2019–1100] RIN 2120–AL31 Remote Identification of Unmanned Aircraft; Delay Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Final rule; delay of effective and compliance date; correction. AGENCY: In accordance with the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled ‘‘Regulatory Freeze Pending Review,’’ the Agency delays the March 16, 2021, effective date of the final rule, ‘‘Remote Identification of Unmanned Aircraft’’, until April 21, 2021. As a result of the delay in the effective date, the Agency is also delaying the compliance date for the production requirements for remote identification broadcast modules by correcting the regulatory text. DATES: As of March 10, 2021, the March 16, 2021, the effective date of the final rule published on January 15, 2021, at 86 FR 4390, is delayed to April 21, 2021. The incorporation by reference approval published in the January 15, 2021, rule at 86 FR 4390, is delayed to April 21, 2021. The correction to § 89.520 is effective April 21, 2021. FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and Procedures Division, Federal Aviation Administration, 470 L’Enfant Plaza SW, Suite 4102, Washington, DC 20024; telephone 1–844–FLY–MY–UA (1–844– 359–6981); email: UAShelp@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: VerDate Sep<11>2014 16:13 Mar 09, 2021 Jkt 253001 Electronic Access and Filing A copy of the Notice of Proposed Rulemaking (NPRM) (84 FR 72438, December 31, 2019), all comments received, the Final Rule, and all background material may be viewed online at http://www.regulations.gov using the docket number listed above. A copy of this notice will be placed in the docket. 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 http:// www.federalregister.gov and the Government Publishing Office’s website at http://www.govinfo.gov. Background On January 15, 2021, the final rule, ‘‘Remote Identification of Unmanned Aircraft’’ (RIN 2120–AL31) published in the Federal Register at 86 FR 4390. The final rule requires the remote identification of unmanned aircraft. The remote identification of unmanned aircraft in the airspace of the United States will address safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States, laying a foundation for enabling operational capabilities. On January 20, 2021, the Assistant to the President and Chief of Staff issued a memorandum titled, ‘‘Regulatory Freeze Pending Review.’’ The memorandum requested that the heads of executive departments and agencies take steps to ensure the President’s appointees or designees have the opportunity to review any new or pending rules. With respect to rules published in the Federal Register, but not yet effective, the memorandum asked that agencies consider postponing the rules’ effective dates for 60 days from the date of the memorandum for the purpose of reviewing any questions of fact, law, and policy the rules may raise. In accordance with this direction, the Agency has decided to delay the March 16, 2021, effective date of the final rule, Remote Identification of Unmanned Aircraft (RIN 2120–AL31), until April 21, 2021. Given the highly complex nature and length of Remote Identification of Unmanned Aircraft final rule, this delay in the final rule’s PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 March 16, 2021 effective date will afford the President’s appointees or designees an opportunity to review the rule and will allow for consideration of any questions of fact, law, or policy that the rule may raise before it becomes effective. On the same day that FAA published the ‘‘Remote Identification of Unmanned Aircraft final rule’’, FAA also published the ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ final rule (86 FR 4314, January 15, 2021). The adoption of these two rules is inextricably connected. By separate action published elsewhere in this issue of the Federal Register, FAA is also delaying the effective date of the Operations of Small Unmanned Aircraft Systems over People final rule. Additionally, as a result of the delay in the effective date, the March 16, 2021 compliance date in § 89.520 for production requirements for remote identification broadcast modules is delayed until April 21, 2021. Waiver of Rulemaking and Delayed Effective Date Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Federal Aviation Administration generally offers interested parties the opportunity to comment on proposed regulations and publish rules not less than 30 days before their effective dates. However, the APA provides that an agency is not required to conduct notice-andcomment rulemaking or delay effective dates when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B) and (d)(3). There is good cause to waive both of these requirements here, as they are impracticable and unnecessary. A delay in the effective date of the final rule, Remote Identification of Unmanned Aircraft, is essential for the President’s appointees and designees to have adequate time to review the rule before it takes effect, and neither the notice and comment process nor the delayed effective date could be implemented in time to allow for this review, thereby making notice and comment impracticable. In addition, notice and comment on this delay is unnecessary because the delay is short, the effective dates remain aligned with the Operation of Small Unmanned Aircraft Systems over People final rule, and there is no change to the policy E:\FR\FM\10MRR1.SGM 10MRR1 13630 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations effectuated by the Remote Identification of Unmanned Aircraft final rule. This delay is insignificant in its nature and impact, and inconsequential to the regulated community and to the public. Correction In FR Doc. 2020–28948 (86 FR 4390) published on January 15, 2021, the following correction is made: § 89.520 [Corrected] 1. On page 4509, in the third column, in § 89.520, in the introductory text, the date ‘‘March 16, 2021’’ is corrected to read ‘‘April 21, 2021’’. ■ Issued in Washington, DC, under the authority provided by 49 U.S.C. 106(f), 40101, 40103, 44701(a)(5), 44805, 44809, and section 2202 of Public Law 114–190, dated on March 4, 2021. Steve Dickson, Administrator, Federal Aviation Administration. 15, 2021), which was delayed at 86 FR 11623 (February 26, 2021), is further delayed to April 6, 2021. As of March 10, 2021, the March 16, 2021 effective date of the final rule published at 86 FR 4314 (January 15, 2021) is delayed to April 21, 2021. The corrections published at 86 FR 11623 (February 26, 2021) are withdrawn as of March 10, 2021. The correction to § 107.65 is effective April 6, 2021. The corrections to §§ 107.29 and 107.140 are effective April 21, 2021. FOR FURTHER INFORMATION CONTACT: Michael Machnik, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 55 M Street SE, 8th Floor, Washington, DC 20003; telephone 1–844–FLY–MYUA; email: UASHelp@ faa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2021–04882 Filed 3–8–21; 8:45 am] Electronic Access and Filing BILLING CODE 4910–13–P A copy of the notice of proposed rulemaking (NPRM) (84 FR 3856, Feb. 13, 2019), all comments received, the Final Rule, and all background material may be viewed online at http:// www.regulations.gov using the docket number listed above. A copy of this final rule will also be placed in the docket. 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. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 11, 21, 43, and 107 [Docket No. FAA–2018–1087] RIN 2120–AK85 Operation of Small Unmanned Aircraft Systems Over People; Delay; Withdrawal; Correction Federal Aviation Administration (FAA) and Office of the Secretary of Transportation (OST), U.S. Department of Transportation (DOT). ACTION: Final rule; delay of effective and compliance dates; withdrawal; correction. AGENCY: In accordance with the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled ‘‘Regulatory Freeze Pending Review,’’ the Agency delays the effective date of the final rule, ‘‘Operation of Small Unmanned Aircraft Systems Over People’’, until April 21, 2021, except for certain provisions pertaining to remote pilot certification and qualification, which are delayed until April 6, 2021. As a result of the delay in the effective dates, several compliance dates are also delayed by correcting the regulatory text. DATES: As of March 10, 2021, the March 1, 2021 effective date for the amendments to §§ 107.61, 107.63, 107.65, 107.73, and 107.74 in the final rule published at 86 FR 4314 (January SUMMARY: VerDate Sep<11>2014 16:13 Mar 09, 2021 Jkt 253001 Background On January 15, 2021, the ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ final rule (RIN 2120– AK85) published in the Federal Register at 86 FR 4314. The final rule permits routine operations of small unmanned aircraft over people, moving vehicles, and at night under certain conditions. The final rule also makes changes to the recurrent testing framework and expands the list of persons who may request the presentation of a remote pilot certificate. On January 20, 2021, the Assistant to the President and Chief of Staff issued a memorandum titled, ‘‘Regulatory Freeze Pending Review.’’ The memorandum requested that the heads of executive departments and agencies (agencies) take steps to ensure that the President’s appointees or designees have the opportunity to review any new or pending rules. With respect to rules published in the Federal Register, but PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 not yet effective, the memorandum asked that agencies consider postponing the rules’ effective dates for 60 days from the date of the memorandum for the purpose of reviewing any questions of fact, law, and policy the rules may raise. In accordance with this direction, the Agency previously decided to delay the effective dates of the amendments to §§ 107.61, 107.63, 107.65, 107.73 and 107.74 of the final rule, ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ (RIN 2120–AK85), until March 16, 2021 (FR Doc. 2021–04093, 86 FR 11623, published on February 26, 2021). Given that the ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ final rule is a complex and lengthy rulemaking, the Agency decided to further delay the effective dates of the amendments to §§ 107.61, 107.63, 107.65, 107.73 and 107.74 until April, 6, 2021, and to delay until April 21, 2021, the effective date for the remainder of this final rule. The delay in the rule’s effective dates will afford the President’s appointees or designees an opportunity to review the rule and will allow for consideration of any questions of fact, law, or policy that the rule may raise before it becomes effective. On the same day that FAA published the ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ final rule, FAA also published a final rule concerning remote identification of small unmanned aircraft. The adoption of these two rules is inextricably connected. By separate action published elsewhere in this issue of the Federal Register, FAA is also delaying the effective date of the remote identification final rule. Additionally, as a result of the delay in the effective dates, several corrections are necessary. Some of the compliance dates for § 107.29(a)(1) and (d) regarding the operation of a small unmanned aircraft system at night must be corrected so that they do not precede the new effective date. Similarly, a correction to § 107.65(d) regarding the timing of passing the recurrent aeronautical knowledge test or satisfying training requirements must also be made to conform to the delayed effective date. Lastly, this document corrects a drafting error in § 107.140(d). Section 107.140(d) should refer to paragraph (b)(3) of § 107.140, rather than paragraph (b)(4). Paragraph (b)(4) does not exist. Waiver of Rulemaking and Delayed Effective Date Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Agency E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Rules and Regulations]
[Pages 13629-13630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04882]



========================================================================
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. 

========================================================================


Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / 
Rules and Regulations

[[Page 13629]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 11, 47, 48, 89, 91, and 107

[Docket No.: FAA-2019-1100]
RIN 2120-AL31


Remote Identification of Unmanned Aircraft; Delay

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Final rule; delay of effective and compliance date; correction.

-----------------------------------------------------------------------

SUMMARY: In accordance with the memorandum of January 20, 2021, from 
the Assistant to the President and Chief of Staff, titled ``Regulatory 
Freeze Pending Review,'' the Agency delays the March 16, 2021, 
effective date of the final rule, ``Remote Identification of Unmanned 
Aircraft'', until April 21, 2021. As a result of the delay in the 
effective date, the Agency is also delaying the compliance date for the 
production requirements for remote identification broadcast modules by 
correcting the regulatory text.

DATES: As of March 10, 2021, the March 16, 2021, the effective date of 
the final rule published on January 15, 2021, at 86 FR 4390, is delayed 
to April 21, 2021.
    The incorporation by reference approval published in the January 
15, 2021, rule at 86 FR 4390, is delayed to April 21, 2021.
    The correction to Sec.  89.520 is effective April 21, 2021.

FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and 
Procedures Division, Federal Aviation Administration, 470 L'Enfant 
Plaza SW, Suite 4102, Washington, DC 20024; telephone 1-844-FLY-MY-UA 
(1-844-359-6981); email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the Notice of Proposed Rulemaking (NPRM) (84 FR 72438, 
December 31, 2019), all comments received, the Final Rule, and all 
background material may be viewed online at http://www.regulations.gov 
using the docket number listed above. A copy of this notice will be 
placed in the docket. 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 http://www.federalregister.gov and the Government Publishing Office's website 
at http://www.govinfo.gov.

Background

    On January 15, 2021, the final rule, ``Remote Identification of 
Unmanned Aircraft'' (RIN 2120-AL31) published in the Federal Register 
at 86 FR 4390. The final rule requires the remote identification of 
unmanned aircraft. The remote identification of unmanned aircraft in 
the airspace of the United States will address safety, national 
security, and law enforcement concerns regarding the further 
integration of these aircraft into the airspace of the United States, 
laying a foundation for enabling operational capabilities.
    On January 20, 2021, the Assistant to the President and Chief of 
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.'' 
The memorandum requested that the heads of executive departments and 
agencies take steps to ensure the President's appointees or designees 
have the opportunity to review any new or pending rules. With respect 
to rules published in the Federal Register, but not yet effective, the 
memorandum asked that agencies consider postponing the rules' effective 
dates for 60 days from the date of the memorandum for the purpose of 
reviewing any questions of fact, law, and policy the rules may raise.
    In accordance with this direction, the Agency has decided to delay 
the March 16, 2021, effective date of the final rule, Remote 
Identification of Unmanned Aircraft (RIN 2120-AL31), until April 21, 
2021. Given the highly complex nature and length of Remote 
Identification of Unmanned Aircraft final rule, this delay in the final 
rule's March 16, 2021 effective date will afford the President's 
appointees or designees an opportunity to review the rule and will 
allow for consideration of any questions of fact, law, or policy that 
the rule may raise before it becomes effective. On the same day that 
FAA published the ``Remote Identification of Unmanned Aircraft final 
rule'', FAA also published the ``Operation of Small Unmanned Aircraft 
Systems Over People'' final rule (86 FR 4314, January 15, 2021). The 
adoption of these two rules is inextricably connected. By separate 
action published elsewhere in this issue of the Federal Register, FAA 
is also delaying the effective date of the Operations of Small Unmanned 
Aircraft Systems over People final rule.
    Additionally, as a result of the delay in the effective date, the 
March 16, 2021 compliance date in Sec.  89.520 for production 
requirements for remote identification broadcast modules is delayed 
until April 21, 2021.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
Federal Aviation Administration generally offers interested parties the 
opportunity to comment on proposed regulations and publish rules not 
less than 30 days before their effective dates. However, the APA 
provides that an agency is not required to conduct notice-and-comment 
rulemaking or delay effective dates when the agency, for good cause, 
finds that the requirement is impracticable, unnecessary, or contrary 
to the public interest. 5 U.S.C. 553(b)(B) and (d)(3). There is good 
cause to waive both of these requirements here, as they are 
impracticable and unnecessary. A delay in the effective date of the 
final rule, Remote Identification of Unmanned Aircraft, is essential 
for the President's appointees and designees to have adequate time to 
review the rule before it takes effect, and neither the notice and 
comment process nor the delayed effective date could be implemented in 
time to allow for this review, thereby making notice and comment 
impracticable. In addition, notice and comment on this delay is 
unnecessary because the delay is short, the effective dates remain 
aligned with the Operation of Small Unmanned Aircraft Systems over 
People final rule, and there is no change to the policy

[[Page 13630]]

effectuated by the Remote Identification of Unmanned Aircraft final 
rule. This delay is insignificant in its nature and impact, and 
inconsequential to the regulated community and to the public.

Correction

    In FR Doc. 2020-28948 (86 FR 4390) published on January 15, 2021, 
the following correction is made:


Sec.  89.520  [Corrected]

0
1. On page 4509, in the third column, in Sec.  89.520, in the 
introductory text, the date ``March 16, 2021'' is corrected to read 
``April 21, 2021''.

    Issued in Washington, DC, under the authority provided by 49 
U.S.C. 106(f), 40101, 40103, 44701(a)(5), 44805, 44809, and section 
2202 of Public Law 114-190, dated on March 4, 2021.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2021-04882 Filed 3-8-21; 8:45 am]
BILLING CODE 4910-13-P