Enforcement Policy Regarding Production Requirements for Standard Remote Identification Unmanned Aircraft, 55685-55686 [2022-19644]

Download as PDF Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Rules and Regulations Issued in Fort Worth, Texas, on September 6, 2022. Martin A. Skinner, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2022–19467 Filed 9–9–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 89 [Docket No. FAA–2019–1100] Enforcement Policy Regarding Production Requirements for Standard Remote Identification Unmanned Aircraft Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). AGENCY: ACTION: Notification of enforcement policy. For noncompliance with the remote identification production requirements applicable to unmanned aircraft, which occurs on or before December 16, 2022, the FAA will consider all circumstances, in particular, the delay in the FAA’s acceptance of a means of compliance, when exercising its discretion whether to take enforcement action. SUMMARY: This policy is effective September 8, 2022. DATES: FOR FURTHER INFORMATION CONTACT: James D. Foltz, Strategic Policy Emerging Aircraft Section, Policy and Innovation Division, Aircraft Certification Service, Federal Aviation Administration, 901 Locust Street, Room 301, Kansas City, MO 64106; telephone 1–844–FLY–MY–UA (1–844– 359–6981); email: UAShelp@faa.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 Electronic Access and Filing A copy of this document may be viewed online at https:// www.regulations.gov using the docket number listed above. A copy of this document 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 https:// www.federalregister.gov and the Government Publishing Office’s website at https://www.govinfo.gov. VerDate Sep<11>2014 15:53 Sep 09, 2022 Jkt 256001 Background On January 15, 2021, the Remote Identification of Unmanned Aircraft final rule (RIN 2120–AL31) published in the Federal Register at 86 FR 4390. In accordance with the final rule, standard remote identification unmanned aircraft and remote identification broadcast modules must be designed and produced to meet the requirements of title 14 of the Code of Federal Regulations part 89 (14 CFR part 89). A person designing or producing a standard remote identification unmanned aircraft or remote identification broadcast module for operation in the United States must show that the unmanned aircraft or broadcast module meets the requirements of an FAA-accepted means of compliance. A means of compliance describes the methods by which the person complies with the performancebased requirements for remote identification. Under part 89, a person seeking acceptance by the FAA of a means of compliance for standard remote identification unmanned aircraft or remote identification broadcast modules must submit the means of compliance to the FAA. The FAA reviews the means of compliance to determine if it meets the minimum performance requirements and includes appropriate testing and validation procedures in accordance with 14 CFR part 89. Specifically, the person must submit a detailed description of the means of compliance, an explanation for how the means of compliance meets the minimum performance requirements of 14 CFR part 89, and any substantiating material the person wishes the FAA to consider as part of the application.1 Part 89 prohibits production of unmanned aircraft for operation in the United States unless the manufacturer meets the performance requirements of part 89 by following an FAA-accepted means of compliance for producing standard remote identification unmanned aircraft by the compliance date of September 16, 2022.2 A means of compliance is not considered to be ‘‘FAA-accepted’’ until the means of compliance has been evaluated by the Administrator, the Administrator determines the person has demonstrated that the means of compliance meets the requirements of subparts D and E of part 89, and the FAA has notified the person who submitted the means of compliance that the Administrator has accepted it.3 1 14 CFR 89.405. 2 14 CFR 89.510 and 89.515. 3 14 CFR 89.410. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 55685 On May 13, 2022, the American Society for Testing and Materials (ASTM) submitted ‘‘Standard Practice for Remote ID Means of Compliance to Federal Aviation Administration Regulation 14 CFR part 89,’’ ASTM Reference Number F3586–22, to the FAA for acceptance. On August 11, 2022, the FAA published a notice of availability announcing the acceptance of a means of compliance consisting of both ASTM Standard F3586–22 and the additions specified in that notice of availability.4 Accordingly, while the FAA expects that those involved in the development of ASTM F3586–22 require less time to design and develop standard remote identification unmanned aircraft using the FAA-accepted means of compliance (ASTM F3586–22 and additions provided in the notice of availability) than they would if the entire means of compliance had been unfamiliar, until a means of compliance was accepted by the FAA, persons producing unmanned aircraft were unable to meet the standard remote identification unmanned aircraft production requirements in part 89. Statement of Policy The FAA recognizes that it accepted the ASTM F3586–22 means of compliance slightly more than a month before the September 16, 2022, compliance date. The FAA has already received some declarations of compliance from manufacturers who are likely to meet the September 16, 2022, compliance date. However, the FAA acknowledges that other manufacturers may not have sufficient time to adequately design, develop, and test unmanned aircraft and file a declaration of compliance with the FAA on or before September 16, 2022, because of the delayed acceptance of the means of compliance. Accordingly, the FAA will exercise its discretion in determining how to handle any apparent noncompliance, including exercising discretion to not take enforcement action, if appropriate, for any noncompliance that occurs on or before December 16, 2022. The exercise of enforcement discretion herein creates no individual right of action and establishes no precedent for future determinations. 4 Accepted Means of Compliance; Remote Identification of Unmanned Aircraft notice of availability, 87 FR 49520, August 11, 2022. Docket no. FAA–2022–0859. E:\FR\FM\12SER1.SGM 12SER1 55686 Federal Register / Vol. 87, No. 175 / Monday, September 12, 2022 / Rules and Regulations Issued in Washington, DC, on September 7, 2022. Cynthia A. Dominik, Assistant Chief Counsel for Enforcement, Federal Aviation Administration. [FR Doc. 2022–19644 Filed 9–8–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9964] RIN 1545–BI29 Disclosure of Information to State Officials Regarding Tax-Exempt Organizations; Correction Internal Revenue Service (IRS), Treasury. ACTION: Final regulations; correction. AGENCY: This document contains corrections to a final regulation (TD 9964) that was published in the Federal Register on August 16, 2022. This document contains final regulations that define the guidance to states regarding the process by which they may obtain or inspect certain returns and return information (including information about final and proposed denials and revocations of tax-exempt status) for the purpose of administering State laws governing certain tax-exempt organizations and their activities. DATES: These corrections are effective on September 12, 2022 and applicable on or after August 16, 2022. FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Seth Groman, (202) 317–5640. SUPPLEMENTARY INFORMATION: SUMMARY: Background The final regulations that are the subject of these corrections are under section 6104(c) of the Internal Revenue Code. Need for Correction As published on August 16, 2022 (87 FR 50240) the final regulation (TD 9964) contains errors that need to be corrected. lotter on DSK11XQN23PROD with RULES1 Correction of Publication Accordingly, the final regulations (TD 9964) that are the subject of FR Doc. 2022–17574, appearing on page 50240 in the Federal Register on August 16, 2022, are corrected to read as follows: 1. On page 50241, in the third column, in the first line from the top of the fourth full paragraph, the language VerDate Sep<11>2014 15:53 Sep 09, 2022 Jkt 256001 ‘‘Section.’’ is corrected to read ‘‘Sections’’. 2. On page 50241, in the third column, in the second line from the top of the fourth full paragraph, the language ‘‘provides’’ is corrected to read ‘‘provide’’. 3. One page 50243, in the third column, in the twelfth line from the bottom of the first full paragraph, the language ‘‘§ 301–6104(c)–1(g)(1)’’ is corrected to read ‘‘§ 301.6104(c)– 1(g)(1)’’. 4. On page 50244, in the third column, under the heading ‘‘Drafting Information’’, in the third and fourth line from the top, the language ‘‘(Tax Exempt and Government Entities)’’, is corrected to read ‘‘(Employee Benefits, Exempt Organizations, and Employment Taxes)’’. Oluwafunmilayo A. Taylor, Branch Chief, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. 2022–19568 Filed 9–9–22; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2022–0729] Special Local Regulations; Clearwater Offshore Nationals/Race World Offshore, Gulf of Mexico, Clearwater, FL Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a special local regulation on the waters of the Gulf of Mexico, in the vicinity of Clearwater, Florida, during the Clearwater Offshore Nationals/Race World Offshore. Approximately 50 powerboats traveling at speeds in excess of 100 miles per hour are expected to participate. Additionally, it is anticipated that 500 spectator vessels will be present along the race course. The special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on certain navigable waters of the Gulf of Mexico, Clearwater, Florida during the event. The special local regulation will establish an enforcement area where all persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 9990 from entering, transiting through, anchoring in, or remaining within the regulated area without obtaining permission from the Captain of the Port St. Petersburg or a designated representative. The regulations in 33 CFR 100.703 will be enforced from 11:30 a.m. until 4 p.m., on September 25, 2022, for the location identified in Item 6 in Table 1 to § 100.703. DATES: If you have questions about this notification of enforcement, call or email Marine Science Technician Second Class Regina Cuevas, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228–2191, email Regina.L.Cuevas@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce the special local regulations in 33 CFR 100.703, Table 1 to § 100.703, Item No. 6, for the Clearwater Offshore Nationals/Race World Offshore regulated area from 11:30 a.m. until 4 p.m., on September 25, 2022. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for recurring marine events, Sector St. Petersburg, § 100.703, Table 1 to § 100.703, Item No. 6, specifies the location of the regulated area for the Clearwater Offshore Nationals/Race World Offshore which encompasses portions of the Gulf of Mexico near Clearwater, FL. During the enforcement periods, as reflected in § 100.703(c), if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or any designated representative. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, or both. SUPPLEMENTARY INFORMATION: Dated: September 2, 2022. Michael P. Kahle, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. 2022–19554 Filed 9–9–22; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\12SER1.SGM 12SER1

Agencies

[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55685-55686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19644]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 89

[Docket No. FAA-2019-1100]


Enforcement Policy Regarding Production Requirements for Standard 
Remote Identification Unmanned Aircraft

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

ACTION: Notification of enforcement policy.

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

SUMMARY: For noncompliance with the remote identification production 
requirements applicable to unmanned aircraft, which occurs on or before 
December 16, 2022, the FAA will consider all circumstances, in 
particular, the delay in the FAA's acceptance of a means of compliance, 
when exercising its discretion whether to take enforcement action.

DATES: This policy is effective September 8, 2022.

FOR FURTHER INFORMATION CONTACT: James D. Foltz, Strategic Policy 
Emerging Aircraft Section, Policy and Innovation Division, Aircraft 
Certification Service, Federal Aviation Administration, 901 Locust 
Street, Room 301, Kansas City, MO 64106; telephone 1-844-FLY-MY-UA (1-
844-359-6981); email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of this document may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of 
this document 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 
https://www.federalregister.gov and the Government Publishing Office's 
website at https://www.govinfo.gov.

Background

    On January 15, 2021, the Remote Identification of Unmanned Aircraft 
final rule (RIN 2120-AL31) published in the Federal Register at 86 FR 
4390. In accordance with the final rule, standard remote identification 
unmanned aircraft and remote identification broadcast modules must be 
designed and produced to meet the requirements of title 14 of the Code 
of Federal Regulations part 89 (14 CFR part 89). A person designing or 
producing a standard remote identification unmanned aircraft or remote 
identification broadcast module for operation in the United States must 
show that the unmanned aircraft or broadcast module meets the 
requirements of an FAA-accepted means of compliance. A means of 
compliance describes the methods by which the person complies with the 
performance-based requirements for remote identification.
    Under part 89, a person seeking acceptance by the FAA of a means of 
compliance for standard remote identification unmanned aircraft or 
remote identification broadcast modules must submit the means of 
compliance to the FAA. The FAA reviews the means of compliance to 
determine if it meets the minimum performance requirements and includes 
appropriate testing and validation procedures in accordance with 14 CFR 
part 89. Specifically, the person must submit a detailed description of 
the means of compliance, an explanation for how the means of compliance 
meets the minimum performance requirements of 14 CFR part 89, and any 
substantiating material the person wishes the FAA to consider as part 
of the application.\1\ Part 89 prohibits production of unmanned 
aircraft for operation in the United States unless the manufacturer 
meets the performance requirements of part 89 by following an FAA-
accepted means of compliance for producing standard remote 
identification unmanned aircraft by the compliance date of September 
16, 2022.\2\ A means of compliance is not considered to be ``FAA-
accepted'' until the means of compliance has been evaluated by the 
Administrator, the Administrator determines the person has demonstrated 
that the means of compliance meets the requirements of subparts D and E 
of part 89, and the FAA has notified the person who submitted the means 
of compliance that the Administrator has accepted it.\3\
---------------------------------------------------------------------------

    \1\ 14 CFR 89.405.
    \2\ 14 CFR 89.510 and 89.515.
    \3\ 14 CFR 89.410.
---------------------------------------------------------------------------

    On May 13, 2022, the American Society for Testing and Materials 
(ASTM) submitted ``Standard Practice for Remote ID Means of Compliance 
to Federal Aviation Administration Regulation 14 CFR part 89,'' ASTM 
Reference Number F3586-22, to the FAA for acceptance. On August 11, 
2022, the FAA published a notice of availability announcing the 
acceptance of a means of compliance consisting of both ASTM Standard 
F3586-22 and the additions specified in that notice of availability.\4\
---------------------------------------------------------------------------

    \4\ Accepted Means of Compliance; Remote Identification of 
Unmanned Aircraft notice of availability, 87 FR 49520, August 11, 
2022. Docket no. FAA-2022-0859.
---------------------------------------------------------------------------

    Accordingly, while the FAA expects that those involved in the 
development of ASTM F3586-22 require less time to design and develop 
standard remote identification unmanned aircraft using the FAA-accepted 
means of compliance (ASTM F3586-22 and additions provided in the notice 
of availability) than they would if the entire means of compliance had 
been unfamiliar, until a means of compliance was accepted by the FAA, 
persons producing unmanned aircraft were unable to meet the standard 
remote identification unmanned aircraft production requirements in part 
89.

Statement of Policy

    The FAA recognizes that it accepted the ASTM F3586-22 means of 
compliance slightly more than a month before the September 16, 2022, 
compliance date. The FAA has already received some declarations of 
compliance from manufacturers who are likely to meet the September 16, 
2022, compliance date. However, the FAA acknowledges that other 
manufacturers may not have sufficient time to adequately design, 
develop, and test unmanned aircraft and file a declaration of 
compliance with the FAA on or before September 16, 2022, because of the 
delayed acceptance of the means of compliance. Accordingly, the FAA 
will exercise its discretion in determining how to handle any apparent 
noncompliance, including exercising discretion to not take enforcement 
action, if appropriate, for any noncompliance that occurs on or before 
December 16, 2022. The exercise of enforcement discretion herein 
creates no individual right of action and establishes no precedent for 
future determinations.


[[Page 55686]]


    Issued in Washington, DC, on September 7, 2022.
Cynthia A. Dominik,
Assistant Chief Counsel for Enforcement, Federal Aviation 
Administration.
[FR Doc. 2022-19644 Filed 9-8-22; 8:45 am]
BILLING CODE 4910-13-P

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