Enforcement Policy Regarding Operator Compliance Deadline for Remote Identification of Unmanned Aircraft, 63518-63519 [2023-20074]

Download as PDF 63518 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS DEPARTMENT OF TRANSPORTATION 1. The authority citation for 14 CFR part 71 continues to read as follows: [Docket No. FAA–2019–1100; Amdt. No. 89– 2] ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR part 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: ■ Paragraph 6002 Class E Airspace Areas Designated as a Surface Area. * * * AAL AK E2 * * Tanana, AK [Amended] * * * Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * AAL AK E5 Tanana, AK [Amended] Ralph M. Calhoun Memorial Airport, AK (Lat. 65°10′28″ N, long. 152°06′29″ W) That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of the airport, and within 1.9 miles each side of the airport’s 082° bearing extending from the 6.6-mile radius to 10.5 miles east of the airport; that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the airport. ddrumheller on DSK120RN23PROD with RULES1 * * * * * Issued in Des Moines, Washington, on August 31, 2023. B.G. Chew, Group Manager, Operations Support Group, Western Service Center. [FR Doc. 2023–19295 Filed 9–14–23; 8:45 am] BILLING CODE 4910–13–P 14 CFR Part 89 RIN 2120–AL31 Enforcement Policy Regarding Operator Compliance Deadline for Remote Identification of Unmanned Aircraft Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Notification of enforcement policy. AGENCY: For noncompliance with the remote identification operating requirements applicable to unmanned aircraft, which occurs on or before March 16, 2024, the FAA will consider all circumstances, in particular, unanticipated issues with the available supply and excessive cost of remote identification broadcast modules and unanticipated delay in the FAA’s approval of FAA-recognized identification areas, when exercising its discretion in determining whether to take enforcement action. DATES: This policy is effective September 15, 2023. FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and Procedures Division, Federal Aviation Administration, 800 Independence Ave. SW, Building 10A/8th Floor, Washington, DC 20591; telephone 1– 844–FLY–MY–UA (1–844–359–6981); email: UAShelp@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: * Ralph M. Calhoun Memorial Airport, AK (Lat. 65°10′28″ N, long. 152°06′29″ W) That airspace within a 5.1-mile radius of the airport, and within 3.6 miles each side of the airport’s 214° bearing extending from the 5.1-mile radius to 6.5 miles southwest of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. * Federal Aviation Administration 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 VerDate Sep<11>2014 15:49 Sep 14, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 the Federal Register.1 Unless otherwise authorized by the Administrator or as prescribed in 14 CFR 89.120, no person may operate an unmanned aircraft subject to the applicability in § 89.101 after September 16, 2023, outside the boundaries of an FAA-recognized identification area (FRIA) unless it is a standard remote identification unmanned aircraft or equipped with a remote identification broadcast module.2 The application and approval process for FRIAs is set forth in 14 CFR 89 subpart C. The majority of the final rule became effective on April 21, 2021.3 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. On September 12, 2022, the FAA published an Enforcement Policy indicating that the FAA would exercise its discretion in determining how to handle any apparent noncompliance with the manufacturing deadline set forth in the final rule, due to the delay in acceptance of the ASTM means of compliance.4 In recent months, the FAA has received significant public feedback regarding remote identification requirements, including multiple requests for an extension of the September 16, 2023, remote identification operational compliance date. Additionally, the FAA has 1 Remote Identification of Unmanned Aircraft final rule, 86 FR 4390, January 15, 2021, available at https://www.federalregister.gov/documents/2021/ 01/15/2020-28948/remote-identification-ofunmanned-aircraft. 2 14 CFR 89.105. 3 Remote Identification of Unmanned Aircraft; Delay, 86 FR 13629, March 10, 2021, available at https://www.federalregister.gov/documents/2021/ 03/10/2021-04882/remote-identification-ofunmanned-aircraft-delay. 4 Enforcement Policy Regarding Production Requirements for Standard Remote Identification Unmanned Aircraft, 87 FR 55685, September 12, 2022, available at https://www.federalregister.gov/ documents/2022/09/12/2022-19644/enforcementpolicy-regarding-production-requirements-forstandard-remote-identification-unmanned. E:\FR\FM\15SER1.SGM 15SER1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations received hundreds of inquiries through emails, phone calls, and in-person questions about the remote identification operational compliance date. Flight Standards District Offices alone are receiving over 10 emails a day related to remote identification requirements. The FAA UAS Support Center has received over 380 inquires over the past 60 days. Their primary inquiry was about the compliance date and the inability to obtain remote identification modules. UAS operators within the Commercial Drone Alliance, the Association of Uncrewed Vehicle Systems International, multiple public safety agencies such as the Nebraska Department of Transportation and the Iowa Department of Transportation, as well as FAA Lead Participants in the BEYOND program, have all indicated that they are encountering significant difficulty obtaining remote identification broadcast modules, which would allow continued operation of existing unmanned aircraft instead of purchasing new standard remote identification unmanned aircraft. Those difficulties are primarily related to availability of broadcast modules, the shipping timelines for broadcast modules, and the cost of those modules. Data from the FAA Drone Zone as of August 28, 2023, shows that there are 261,143 operators flying with a remote pilot certificate under 14 CFR part 107 and 328,372 recreational flyers operating under the provisions of 49 U.S.C. 44809 who are not remote identification equipped. The FAA has also received feedback from operators, including numerous public safety agencies, about difficulties in obtaining firmware updates to some existing models of unmanned aircraft to activate standard remote identification capabilities and make them remote identification compliant. As a separate matter, as of August 18, 2023, the FAA has approved 412 applications for FRIAs, with 1,206 yet to be reviewed. The FAA has endeavored to review these FRIA applications as quickly as possible but expects a large increase in applications as the mandatory compliance date approaches. This influx is expected to increase the application processing backlog and impair the ability of recreational operators to comply with the rule. The FAA anticipates that the supply of remote identification broadcast modules, resolution of firmware issues, and approval of FAA-recognized identification areas will increase in the next six months. VerDate Sep<11>2014 15:49 Sep 14, 2023 Jkt 259001 63519 Statement of Policy DEPARTMENT OF TRANSPORTATION The FAA recognizes that it has yet to evaluate a majority of submitted applications for FAA-recognized identification areas. The FAA also recognizes the unanticipated issues that operators are facing related to the availability of remote identification broadcast modules. The FAA has continued to monitor this situation as long as possible before making a determination, but with less than a month remaining until the operational compliance date, the FAA acknowledges that for many operators, compliance with § 89.105 may prove difficult or impossible in the timeframe presented. While some operators, such as those who are using standard remote identification unmanned aircraft or those operating in FRIAs that have already been approved by the FAA, will be able to comply with the rule, the cumulative effect of the current state of the compliance issues reported to the FAA could otherwise cause a cessation of numerous UAS operations, which is not consistent with the FAA’s intent for this rule or its statutory mandate to integrate UAS operations into the National Airspace System. 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 March 16, 2024—the six-month period following the compliance deadline for operators initially published in the Remote Identification of Unmanned Aircraft final rule, RIN 2120–AL31. The exercise of enforcement discretion herein creates no individual right of action and establishes no precedent for future determinations. Federal Aviation Administration Issued in Washington, DC, on September 12, 2023. Taneesha Dobyne Marshall, Assistant Chief Counsel for Aviation Litigation, Federal Aviation Administration. [FR Doc. 2023–20074 Filed 9–13–23; 11:15 am] BILLING CODE 4910–13–P PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 14 CFR Part 91 [Docket No.: FAA–2018–0838; Amdt. No. 91–352B] RIN 2120–AL90 Extension of the Prohibition Against Certain Flights in the Pyongyang Flight Information Region (FIR) (ZKKP) Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This action extends the prohibition against certain flight operations in the Pyongyang Flight Information Region (FIR) (ZKKP) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier, for an additional five years, from September 18, 2023, until September 18, 2028. The FAA finds this action necessary to address significant safety-of-flight risks to U.S. civil aviation associated with the Democratic People’s Republic of Korea’s (DPRK’s) military capabilities and activities. The FAA also republishes the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs. DATES: This final rule is effective on September 15, 2023. FOR FURTHER INFORMATION CONTACT: Bill Petrak, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–8166; email bill.petrak@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Executive Summary This action extends the expiration date of SFAR No. 79, § 91.1615 of title 14 Code of Federal Regulations (CFR), from September 18, 2023, until September 18, 2028. SFAR No. 79 prohibits certain flight operations in the Pyongyang FIR (ZKKP) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator E:\FR\FM\15SER1.SGM 15SER1

Agencies

[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63518-63519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20074]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 89

[Docket No. FAA-2019-1100; Amdt. No. 89-2]
RIN 2120-AL31


Enforcement Policy Regarding Operator Compliance Deadline for 
Remote Identification of 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 operating 
requirements applicable to unmanned aircraft, which occurs on or before 
March 16, 2024, the FAA will consider all circumstances, in particular, 
unanticipated issues with the available supply and excessive cost of 
remote identification broadcast modules and unanticipated delay in the 
FAA's approval of FAA-recognized identification areas, when exercising 
its discretion in determining whether to take enforcement action.

DATES: This policy is effective September 15, 2023.

FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and 
Procedures Division, Federal Aviation Administration, 800 Independence 
Ave. SW, Building 10A/8th Floor, Washington, DC 20591; 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.\1\ Unless 
otherwise authorized by the Administrator or as prescribed in 14 CFR 
89.120, no person may operate an unmanned aircraft subject to the 
applicability in Sec.  89.101 after September 16, 2023, outside the 
boundaries of an FAA-recognized identification area (FRIA) unless it is 
a standard remote identification unmanned aircraft or equipped with a 
remote identification broadcast module.\2\ The application and approval 
process for FRIAs is set forth in 14 CFR 89 subpart C. The majority of 
the final rule became effective on April 21, 2021.\3\
---------------------------------------------------------------------------

    \1\ Remote Identification of Unmanned Aircraft final rule, 86 FR 
4390, January 15, 2021, available at https://www.federalregister.gov/documents/2021/01/15/2020-28948/remote-identification-of-unmanned-aircraft.
    \2\ 14 CFR 89.105.
    \3\ Remote Identification of Unmanned Aircraft; Delay, 86 FR 
13629, March 10, 2021, available at https://www.federalregister.gov/documents/2021/03/10/2021-04882/remote-identification-of-unmanned-aircraft-delay.
---------------------------------------------------------------------------

    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.
    On September 12, 2022, the FAA published an Enforcement Policy 
indicating that the FAA would exercise its discretion in determining 
how to handle any apparent noncompliance with the manufacturing 
deadline set forth in the final rule, due to the delay in acceptance of 
the ASTM means of compliance.\4\
---------------------------------------------------------------------------

    \4\ Enforcement Policy Regarding Production Requirements for 
Standard Remote Identification Unmanned Aircraft, 87 FR 55685, 
September 12, 2022, available at https://www.federalregister.gov/documents/2022/09/12/2022-19644/enforcement-policy-regarding-production-requirements-for-standard-remote-identification-unmanned.
---------------------------------------------------------------------------

    In recent months, the FAA has received significant public feedback 
regarding remote identification requirements, including multiple 
requests for an extension of the September 16, 2023, remote 
identification operational compliance date. Additionally, the FAA has

[[Page 63519]]

received hundreds of inquiries through emails, phone calls, and in-
person questions about the remote identification operational compliance 
date. Flight Standards District Offices alone are receiving over 10 
emails a day related to remote identification requirements. The FAA UAS 
Support Center has received over 380 inquires over the past 60 days. 
Their primary inquiry was about the compliance date and the inability 
to obtain remote identification modules. UAS operators within the 
Commercial Drone Alliance, the Association of Uncrewed Vehicle Systems 
International, multiple public safety agencies such as the Nebraska 
Department of Transportation and the Iowa Department of Transportation, 
as well as FAA Lead Participants in the BEYOND program, have all 
indicated that they are encountering significant difficulty obtaining 
remote identification broadcast modules, which would allow continued 
operation of existing unmanned aircraft instead of purchasing new 
standard remote identification unmanned aircraft. Those difficulties 
are primarily related to availability of broadcast modules, the 
shipping timelines for broadcast modules, and the cost of those 
modules. Data from the FAA Drone Zone as of August 28, 2023, shows that 
there are 261,143 operators flying with a remote pilot certificate 
under 14 CFR part 107 and 328,372 recreational flyers operating under 
the provisions of 49 U.S.C. 44809 who are not remote identification 
equipped. The FAA has also received feedback from operators, including 
numerous public safety agencies, about difficulties in obtaining 
firmware updates to some existing models of unmanned aircraft to 
activate standard remote identification capabilities and make them 
remote identification compliant.
    As a separate matter, as of August 18, 2023, the FAA has approved 
412 applications for FRIAs, with 1,206 yet to be reviewed. The FAA has 
endeavored to review these FRIA applications as quickly as possible but 
expects a large increase in applications as the mandatory compliance 
date approaches. This influx is expected to increase the application 
processing backlog and impair the ability of recreational operators to 
comply with the rule. The FAA anticipates that the supply of remote 
identification broadcast modules, resolution of firmware issues, and 
approval of FAA-recognized identification areas will increase in the 
next six months.

Statement of Policy

    The FAA recognizes that it has yet to evaluate a majority of 
submitted applications for FAA-recognized identification areas. The FAA 
also recognizes the unanticipated issues that operators are facing 
related to the availability of remote identification broadcast modules. 
The FAA has continued to monitor this situation as long as possible 
before making a determination, but with less than a month remaining 
until the operational compliance date, the FAA acknowledges that for 
many operators, compliance with Sec.  89.105 may prove difficult or 
impossible in the timeframe presented. While some operators, such as 
those who are using standard remote identification unmanned aircraft or 
those operating in FRIAs that have already been approved by the FAA, 
will be able to comply with the rule, the cumulative effect of the 
current state of the compliance issues reported to the FAA could 
otherwise cause a cessation of numerous UAS operations, which is not 
consistent with the FAA's intent for this rule or its statutory mandate 
to integrate UAS operations into the National Airspace System.
    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 March 16, 2024--the six-month 
period following the compliance deadline for operators initially 
published in the Remote Identification of Unmanned Aircraft final rule, 
RIN 2120-AL31. The exercise of enforcement discretion herein creates no 
individual right of action and establishes no precedent for future 
determinations.

    Issued in Washington, DC, on September 12, 2023.
Taneesha Dobyne Marshall,
Assistant Chief Counsel for Aviation Litigation, Federal Aviation 
Administration.
[FR Doc. 2023-20074 Filed 9-13-23; 11:15 am]
BILLING CODE 4910-13-P
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