Rule2022-19644
Enforcement Policy Regarding Production Requirements for Standard Remote Identification Unmanned Aircraft
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 12, 2022
Effective
September 8, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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: <a href="/cdn-cgi/l/email-protection#7b2e3a28131e170b3b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="5d081c0e3538312d1d3b3c3c733a322b">[email protected]</span></a>.
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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\
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\1\ 14 CFR 89.405.
\2\ 14 CFR 89.510 and 89.515.
\3\ 14 CFR 89.410.
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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\
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\4\ Accepted Means of Compliance; Remote Identification of
Unmanned Aircraft notice of availability, 87 FR 49520, August 11,
2022. Docket no. FAA-2022-0859.
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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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