Accepted Means of Compliance; Remote Identification of Unmanned Aircraft; Correction, 77895-77896 [2023-23058]

Download as PDF Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0028, dated February 1, 2023. (ii) [Reserved] (3) For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet easa.europa.eu. You may find the EASA material on the EASA website at ad.easa.europa.eu. (4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locationsoremailfr.inspection@nara.gov. Issued on November 6, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–25185 Filed 11–9–23; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 89 [Docket No. FAA–2022–0859] Accepted Means of Compliance; Remote Identification of Unmanned Aircraft; Correction Federal Aviation Administration, DOT ACTION: Acceptable means of compliance; notice of availability; correction. AGENCY: The FAA is correcting a notice of availability (NOA) published on August 11, 2022 (87 FR 49520). In that NOA, the FAA provided an acceptable means of compliance (MOC) in accordance with a rule issued by the FAA on January 21, 2021, that went into effect on April 21, 2021. In that NOA, the FAA accepted ASTM International (ASTM) F3586–22, with additions identified, as an acceptable means, but not the only means of demonstrating compliance with the requirements for producing standard remote identification unmanned aircraft and remote identification broadcast modules. The FAA is correcting the khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:54 Nov 13, 2023 Jkt 262001 means of compliance of ASTM F3586– 22 by correcting a typographical reference error in Table 3 and clarifying a testing requirement by revising a heading and adding clarifying language, as noted in the ‘‘Means of Compliance Accepted In This Policy’’ section of this document. This document includes acceptance of previously accepted MOCs with the corrections described. DATES: This corrective action is effective November 14, 2023. FOR FURTHER INFORMATION CONTACT: FAA Contact: Avi Acharya, Avionics Communications & Surveillance Unit, AIR–626C, Technical Policy Branch, Policy & Standards Division, Aircraft Certification Service, Federal Aviation Administration, AIR–600: 800 Independence Ave. SW, Washington, DC 20591; telephone 1–844–FLY–MY– UA; email: UASHelp@faa.gov. ASTM Contact: Gabriel Cox, Chair, ASTM Remote ID Workgroup, 7325 NE Imbrie Drive #231, Hillsboro, OR 97124; Telephone 1–503–941–0099; email: gcox@coxdata.com. SUPPLEMENTARY INFORMATION: Background Title 14 Code of Federal Regulations, part 89 establishes remote identification requirements for unmanned aircraft operated in the airspace of the United States. With a few exceptions, unmanned aircraft produced for operation in the airspace of the United States are subject to the production requirements of part 89. A person 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 subpart D of part 89 by following an FAA-accepted means of compliance (MOC). An FAA-accepted MOC describes one means by which a person may comply with the minimum performance requirements for remote identification in subpart D of part 89. To be accepted by the FAA, an MOC must meet the requirements of both subparts D and E of part 89. The MOC must address the minimum performance requirements, as well as the testing and validation necessary to demonstrate compliance with the part 89 subpart D requirements. The FAA indicates its acceptance of an MOC by publishing a Notice of Availability in the Federal Register identifying the MOC as accepted and informing the applicant of its acceptance.1 1 14 PO 00000 CFR part 89, subpart D. Frm 00013 Fmt 4700 Sfmt 4700 77895 A holder of an FAA-accepted MOC notified the FAA of a typographical error in a table and a deficient testing requirement in its FAA-accepted MOC, as discussed in the ‘‘Means of Compliance Accepted In This Policy’’ section of this document. This document includes acceptance of the previously accepted MOC with the requested corrections and describes the effect on existing Declaration of Compliance (DOC) holders based on the previously accepted MOC and on new and revised DOC submittals. Means of Compliance Accepted in This Policy On August 10, 2022, the FAA accepted ASTM ‘‘Standard Practice for Remote ID Means of Compliance to Federal Aviation Administration Regulation 14 CFR part 89’’, ASTM F3586–22, with certain additions, as an MOC to the requirements of part 89 Subpart D in NOA Docket No. FAA– 2022–0859. The FAA has determined that a correction to the typographical error in table 3 of the FAA-accepted ASTM F3586–22 MOC standard, and a clarification to a deficient testing requirement in section 8.6 of the ASTM standard are necessary. The FAA-accepted MOC update provided in this NOA is comprised of the MOC in Docket No.FAA–2022–0859 (i.e., ASTM F3586–22, with the FAAspecified additions) with the following corrections: 1. F3586–22 Table 3, 89.320(h)(5), page 11, line 5: The test method must be MOC section 8.6, not section 8.9.3. 2. F3586–22 Section 8.6: revise heading to—Broadcast Protocol, Message Elements, Periodicity and Latency Testing: 3. F3586–22 Section 8.6: Add the following—In addition to the passing criteria, using a time-accurate test setup, the difference in time between the broadcasted timestamp and received packet time must be measured to be less than or equal to 1 second. Effect of This Notice on Current FAAAccepted Declarations of Compliance Current valid FAA-accepted DOC for a standard remote identification unmanned aircraft or remote identification broadcast module that used the original FAA-accepted MOC (including all provisions of ASTM F3586–22 and the additions identified in NOA Docket No.FAA–2022–0859) with tracking number RID–ASTM– F3586–22–NOA–22–01 remain FAAaccepted, and holders of those DOC do not need to resubmit a DOC for the MOC in this document. E:\FR\FM\14NOR1.SGM 14NOR1 77896 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations Effect of This Action on New and Revised Declaration of Compliance Submittals DEPARTMENT OF HOMELAND SECURITY Coast Guard Effective upon issuance of this NOA, the FAA will no longer accept new or revised DOC submissions using the original MOC identified in NOA Docket No. FAA–2022–0859. Applicants must submit new and revised DOC submittals using the MOC in this document and must use the tracking number identified in ‘‘Tracking Number’’ below. Availability ASTM F3586–22, ‘‘Standard Practice for Remote ID Means of Compliance to Federal Aviation Administration Regulation 14 CFR part 89,’’ is available online at https://www.astm.org/f358622.html. ASTM International copyrights these consensus standards and charges the public a fee for service. Individual downloads or reprints of a standard (single or multiple copies, or special compilations and other related technical information) may be obtained through www.astm.org. The FAA maintains a list of accepted means of compliance on the FAA website at www.https:// uasdoc.faa.gov/listMOC. This NOA serves as acceptance by the Federal Aviation Administration of the ASTM Remote Identification Standard F3586–22, with additions specified in NOA Docket No.FAA–2022–0859 and corrections to ASTM F3586–22 specified in this NOA, as a means of compliance for meeting the requirements of part 89, subpart D. khammond on DSKJM1Z7X2PROD with RULES RIN 1625–AC87 I. Abbreviations Multi-Year Certificate of Documentation for Recreational Vessel Owners ACTION: Producers submitting a new or revised DOC to the FAA declaring the standard remote identification unmanned aircraft or remote identification broadcast module meets the requirements of this FAA-accepted MOC (including all provisions of ASTM F3586–22, the additions identified in NOA Docket No.FAA–2022–0859, and the corrections to ASTM F3586–22 identified in this document) must include the following tracking number: RID–ASTM–F3586–22–NOA–23–01. Issued in Kansas City, Missouri, on October 13, 2023. Patrick R. Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2023–23058 Filed 11–13–23; 8:45 am] BILLING CODE 4910–13–P 15:54 Nov 13, 2023 [Docket No. USCG–2023–0305] Coast Guard, DHS. Final rule. AGENCY: Tracking Number VerDate Sep<11>2014 46 CFR Part 67 Jkt 262001 The Coast Guard is issuing a final rule for recreational vessel owners to select a recreational vessel endorsement on a Certificate of Documentation (COD) with a validity of 1, 2, 3, 4, or 5 years. Currently, our regulations require that a COD will be effective for a 5-year period. Congress passed, and the President signed, the self-executing National Defense Authorization Act of 2022 (2022 Act), which directs the Coast Guard to issue recreational vessel CODs for 1, 2, 3, 4, or 5 years. By updating the Code of Federal Regulations (CFR) to reflect this change, this final rule harmonizes the requirements of the 2022 Act, aligns CFR text with current Coast Guard policy, and provides vessel owners’ statutorily directed option to select the validity period of their COD that best suits their individual needs. DATES: This final rule is effective December 14, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to www.regulations.gov, type USCG–2023– 0305 in the search box, and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: For information about this document, call or email Mr. Ronald Teague, Department of Homeland Security, U.S. Coast Guard, National Vessel Documentation Center, 792 T J Jackson Drive, Falling Waters, WV 25419; telephone 304–271–2506, email Ronald.S.Teague@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Table of Contents for Preamble I. Abbreviations II. Basis and Purpose, and Regulatory History III. Background IV. Discussion of the Rule V. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information PO 00000 Frm 00014 Fmt 4700 E. Federalism F. Unfunded Mandates G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment Sfmt 4700 2018 Act Frank LoBiondo Coast Guard Authorization Act of 2018 2021 final rule Certificate of Documentation—5 Year Renewal Fees final rule 2022 Act National Defense Authorization Act for Fiscal Year 2022 CFR Code of Federal Regulations COD Certificate of Documentation DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking NVDC National Vessel Documentation Center OMB Office of Management and Budget § Section SME Subject matter expert U.S.C. United States Code II. Basis and Purpose, and Regulatory History The legal basis for this final rule is found in Section 3511 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117–81, 135 Stat. 2238) (2022 Act), which the President signed on December 27, 2021. The 2022 Act directed the Coast Guard to allow an owner of a vessel with only a recreational endorsement to choose a Certificate of Documentation (COD) validity period of 1, 2, 3, 4, or 5 years. The Coast Guard finds that good cause exists under the Administrative Procedure Act, Title 5 of the United States Code (U.S.C.), Section 553, to issue a final rule and dispense with notice and comment procedures. Prior notice and opportunity to comment on this rule are unnecessary under 5 U.S.C. 553(b)(B) because Section 3511 of the 2022 Act provides the Coast Guard no discretion in adopting the specific timeframes for issuance or renewal of recreational vessel CODs. Section 3511 of the 2022 Act does not allow for alternatives. It does not permit the Coast Guard to decide upon a different timeframe for renewal, choose to adopt a different renewal period, or respond to public comments by modifying the substance of the rule. Therefore, soliciting public comment on the correct time period for COD renewal for a recreational vessel, or on the decision to update the regulations to comport with the statutory mandate, is unnecessary. It should be noted that the Coast Guard has already implemented the requirements of Section 3511 of the E:\FR\FM\14NOR1.SGM 14NOR1

Agencies

[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 77895-77896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23058]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 89

[Docket No. FAA-2022-0859]


Accepted Means of Compliance; Remote Identification of Unmanned 
Aircraft; Correction

AGENCY: Federal Aviation Administration, DOT

ACTION: Acceptable means of compliance; notice of availability; 
correction.

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

SUMMARY: The FAA is correcting a notice of availability (NOA) published 
on August 11, 2022 (87 FR 49520). In that NOA, the FAA provided an 
acceptable means of compliance (MOC) in accordance with a rule issued 
by the FAA on January 21, 2021, that went into effect on April 21, 
2021. In that NOA, the FAA accepted ASTM International (ASTM) F3586-22, 
with additions identified, as an acceptable means, but not the only 
means of demonstrating compliance with the requirements for producing 
standard remote identification unmanned aircraft and remote 
identification broadcast modules. The FAA is correcting the means of 
compliance of ASTM F3586-22 by correcting a typographical reference 
error in Table 3 and clarifying a testing requirement by revising a 
heading and adding clarifying language, as noted in the ``Means of 
Compliance Accepted In This Policy'' section of this document. This 
document includes acceptance of previously accepted MOCs with the 
corrections described.

DATES: This corrective action is effective November 14, 2023.

FOR FURTHER INFORMATION CONTACT: 
    FAA Contact: Avi Acharya, Avionics Communications & Surveillance 
Unit, AIR-626C, Technical Policy Branch, Policy & Standards Division, 
Aircraft Certification Service, Federal Aviation Administration, AIR-
600: 800 Independence Ave. SW, Washington, DC 20591; telephone 1-844-
FLY-MY-UA; email: [email protected].
    ASTM Contact: Gabriel Cox, Chair, ASTM Remote ID Workgroup, 7325 NE 
Imbrie Drive #231, Hillsboro, OR 97124; Telephone 1-503-941-0099; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Title 14 Code of Federal Regulations, part 89 establishes remote 
identification requirements for unmanned aircraft operated in the 
airspace of the United States. With a few exceptions, unmanned aircraft 
produced for operation in the airspace of the United States are subject 
to the production requirements of part 89. A person 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 subpart D of part 89 by following an FAA-accepted means 
of compliance (MOC).
    An FAA-accepted MOC describes one means by which a person may 
comply with the minimum performance requirements for remote 
identification in subpart D of part 89. To be accepted by the FAA, an 
MOC must meet the requirements of both subparts D and E of part 89. The 
MOC must address the minimum performance requirements, as well as the 
testing and validation necessary to demonstrate compliance with the 
part 89 subpart D requirements. The FAA indicates its acceptance of an 
MOC by publishing a Notice of Availability in the Federal Register 
identifying the MOC as accepted and informing the applicant of its 
acceptance.\1\
---------------------------------------------------------------------------

    \1\ 14 CFR part 89, subpart D.
---------------------------------------------------------------------------

    A holder of an FAA-accepted MOC notified the FAA of a typographical 
error in a table and a deficient testing requirement in its FAA-
accepted MOC, as discussed in the ``Means of Compliance Accepted In 
This Policy'' section of this document. This document includes 
acceptance of the previously accepted MOC with the requested 
corrections and describes the effect on existing Declaration of 
Compliance (DOC) holders based on the previously accepted MOC and on 
new and revised DOC submittals.

Means of Compliance Accepted in This Policy

    On August 10, 2022, the FAA accepted ASTM ``Standard Practice for 
Remote ID Means of Compliance to Federal Aviation Administration 
Regulation 14 CFR part 89'', ASTM F3586-22, with certain additions, as 
an MOC to the requirements of part 89 Subpart D in NOA Docket No. FAA-
2022-0859.
    The FAA has determined that a correction to the typographical error 
in table 3 of the FAA-accepted ASTM F3586-22 MOC standard, and a 
clarification to a deficient testing requirement in section 8.6 of the 
ASTM standard are necessary.
    The FAA-accepted MOC update provided in this NOA is comprised of 
the MOC in Docket No.FAA-2022-0859 (i.e., ASTM F3586-22, with the FAA-
specified additions) with the following corrections:
    1. F3586-22 Table 3, 89.320(h)(5), page 11, line 5: The test method 
must be MOC section 8.6, not section 8.9.3.
    2. F3586-22 Section 8.6: revise heading to--Broadcast Protocol, 
Message Elements, Periodicity and Latency Testing:
    3. F3586-22 Section 8.6: Add the following--In addition to the 
passing criteria, using a time-accurate test setup, the difference in 
time between the broadcasted timestamp and received packet time must be 
measured to be less than or equal to 1 second.

Effect of This Notice on Current FAA-Accepted Declarations of 
Compliance

    Current valid FAA-accepted DOC for a standard remote identification 
unmanned aircraft or remote identification broadcast module that used 
the original FAA-accepted MOC (including all provisions of ASTM F3586-
22 and the additions identified in NOA Docket No.FAA-2022-0859) with 
tracking number RID-ASTM-F3586-22-NOA-22-01 remain FAA-accepted, and 
holders of those DOC do not need to resubmit a DOC for the MOC in this 
document.

[[Page 77896]]

Effect of This Action on New and Revised Declaration of Compliance 
Submittals

    Effective upon issuance of this NOA, the FAA will no longer accept 
new or revised DOC submissions using the original MOC identified in NOA 
Docket No. FAA-2022-0859. Applicants must submit new and revised DOC 
submittals using the MOC in this document and must use the tracking 
number identified in ``Tracking Number'' below.

Tracking Number

    Producers submitting a new or revised DOC to the FAA declaring the 
standard remote identification unmanned aircraft or remote 
identification broadcast module meets the requirements of this FAA-
accepted MOC (including all provisions of ASTM F3586-22, the additions 
identified in NOA Docket No.FAA-2022-0859, and the corrections to ASTM 
F3586-22 identified in this document) must include the following 
tracking number: RID-ASTM-F3586-22-NOA-23-01.

Availability

    ASTM F3586-22, ``Standard Practice for Remote ID Means of 
Compliance to Federal Aviation Administration Regulation 14 CFR part 
89,'' is available online at https://www.astm.org/f3586-22.html. ASTM 
International copyrights these consensus standards and charges the 
public a fee for service. Individual downloads or reprints of a 
standard (single or multiple copies, or special compilations and other 
related technical information) may be obtained through www.astm.org. 
The FAA maintains a list of accepted means of compliance on the FAA 
website at www.https://uasdoc.faa.gov/listMOC.
    This NOA serves as acceptance by the Federal Aviation 
Administration of the ASTM Remote Identification Standard F3586-22, 
with additions specified in NOA Docket No.FAA-2022-0859 and corrections 
to ASTM F3586-22 specified in this NOA, as a means of compliance for 
meeting the requirements of part 89, subpart D.

    Issued in Kansas City, Missouri, on October 13, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division, 
Aircraft Certification Service.
[FR Doc. 2023-23058 Filed 11-13-23; 8:45 am]
BILLING CODE 4910-13-P

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