[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.

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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: [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\
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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]
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