[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Rules and Regulations]
[Pages 79823-79826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26726]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 61, 101, 107

[Docket No. FAA-2020-1067; Amdt. Nos. 1-73, 61-148, 101-10, 107-6]
RIN 2120-AL43


Removal of the Special Rule for Model Aircraft

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

ACTION: Final rule.

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SUMMARY: This action removes regulations codifying the Special Rule for 
Model Aircraft because of a change in applicable law. This action also 
makes conforming updates to FAA regulations.

DATES: This rule is effective on December 11, 2020.

FOR FURTHER INFORMATION CONTACT: Jonathan W. Cross, Regulations 
Division, Office of the Chief Counsel, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-
7173; email: jonathan.cross@faa.gov.

SUPPLEMENTARY INFORMATION: The FAA Modernization and Reform Act of 
2012, Public Law 112-95 (February 14, 2012) (FMRA) included a number of 
provisions related to unmanned aircraft systems (UAS) operating in the 
National Airspace System (NAS). Section 336 of the Act, titled 
``Special Rule for Model Aircraft,'' defined ``model aircraft'' and 
specifically prohibited FAA from promulgating a rule or regulation 
regarding model aircraft that were operated under certain 
circumstances. That prohibition notwithstanding,

[[Page 79824]]

section 336 preserved the right of FAA to pursue enforcement action 
against operators of model aircraft that endanger the NAS. On June 28, 
2016, FAA issued a final rule to allow the operation of small unmanned 
aircraft systems (UAS) in the National Airspace System (NAS), Operation 
and Certification of Small Unmanned Aircraft Systems, 81 FR 42064. That 
rule also included a new subpart E to 14 CFR part 101, implementing 
section 336.
    On October 5, 2018, the President signed into law the FAA 
Reauthorization Act of 2018 (Pub. L. 115-254) (FAARA 2018). Section 349 
of that act repealed the ``Special Rule for Model Aircraft'' in section 
336 of FMRA, and replaced it with the ``Exception for limited 
recreational operations of unmanned aircraft,'' creating a new 
framework for allowing certain small unmanned aircraft operations. As a 
result, 14 CFR part 101, subpart E, no longer reflects current 
statutory law.
    This final rule removes 14 CFR part 101, subpart E, to remove the 
inconsistency between FAA's regulations and current statutory law. It 
also makes conforming amendments to remove references to part 101, 
subpart E, in both 14 CFR 61.8 (Inapplicability of unmanned aircraft 
operations) and 14 CFR 107.1(b)(2) (Applicability of part 107). Lastly, 
the final rule removes the obsolete definition of ``model aircraft'' 
from 14 CFR part 1.

Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency for ``good cause'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking. Section 553(d) also authorizes agencies to forgo the delay 
in the effective date of the final rule for good cause found and 
published with the rule.
    In this instance, FAA finds good cause to forgo notice and comment. 
Section 349 of FAARA 2018 repealed the statutory basis for Subpart E of 
part 101, putting the regulation into conflict with statutory law. 
Furthermore, FAA has no discretion to keep subpart E, irrespective of 
notice and comment. For these reasons, and the potential for public 
confusion resulting from regulations that are inconsistent with 
existing statutory law, notice and comment is unnecessary and contrary 
to the public interest.
    In addition, FAA finds good cause to make the rule effective upon 
publication. FAARA 2018 superseded subpart E when the President signed 
the Act into law on October 5, 2018, repealing FMRA section 336. 
Subpart E has been ineffective since that date, eliminating any 
justification to delay the effective date of this final rule.

Authority for This Rulemaking

    FAA's authority to issue rules on aviation safety is found in Title 
49 of the United States Code. Subtitle I, Section 106 describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    This rulemaking is promulgated pursuant to 49 U.S.C. 44809, which 
repealed section 336 of Public Law 112-95.

III. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, this statute requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes FAA's 
analysis of the impacts of this rule.
    In conducting these analyses, FAA has determined that this rule is 
not a significant regulatory action, as defined in section 3(f) of 
Executive Order 12866. As notice and comment under 5 U.S.C. 553 are not 
required for this final rule, the regulatory flexibility analyses 
described in 5 U.S.C. 603 and 604 regarding impacts on small entities 
are not required. This rule will not create unnecessary obstacles to 
the foreign commerce of the United States. This rule will not impose an 
unfunded mandate on State, local, or tribal governments, or on the 
private sector, by exceeding the threshold identified previously.

A. Regulatory Evaluation

    As previously discussed, Section 349 of Public Law 115-254 repealed 
section 336 of Public Law 112-95 and thus subpart E of part 101 titled, 
Special Rule for Model Aircraft is no longer consistent with statutory 
law. As a result, this rule removes subpart E of part 101 and revises 
certain other provisions in 14 CFR to conform them to the removal of 
subpart E. This action will eliminate a conflict between FAA 
regulations and applicable statutory authority and reduce confusion for 
regulated entities. This rule does not convey additional regulations 
and does not result in additional regulatory costs.
    Furthermore, in the 2016 final rule that added regulations to allow 
the operation of small UAS in the National Airspace System, 81 FR 
42064, FAA found subpart E of part 101 would not result in any costs or 
benefits since it would simply codify FAA's enforcement authority. 
Therefore, the removal of subpart E of part 101 will not result in a 
revision of the previous regulatory analysis of its implementing rule.

B. Regulatory Flexibility Determination

    Section 603 of the Regulatory Flexibility Act (RFA) requires an 
agency to prepare an initial regulatory flexibility analysis describing 
impacts on small entities whenever an agency is required by 5 U.S.C. 
553 to publish a general notice of proposed rulemaking for any proposed 
rule. Similarly, section 604 of the RFA requires an agency to prepare a 
final regulatory flexibility analysis when an agency issues a final 
rule under 5 U.S.C. 553 after being required to publish a general 
notice of proposed rulemaking. RFA analysis requirements are limited to 
rulemakings for which the agency ``is required by section 553 or any 
other law, to publish a general notice of proposed rulemaking for any 
proposed rule.'' 5 U.S.C. 603(a). FAA has found good cause for 
implementing an immediate effective date in this case. As prior notice 
and comment under 5 U.S.C. 553 are not required to be provided in this 
situation, the analyses in 5 U.S.C. 603 and 604 likewise are similarly 
not required.

[[Page 79825]]

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. FAA has 
assessed the potential effect of this final rule and determined that it 
relates to domestic operation of certain unmanned aircraft systems and 
is not considered an unnecessary obstacle to trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' FAA currently uses 
an inflation-adjusted value of $155 million in lieu of $100 million. 
This rule does not contain such a mandate; therefore, the requirements 
of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number. 
FAA has determined that there are no information collections associated 
with this rule.

F. International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this rule.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. FAA has determined 
this rulemaking action qualifies for the categorical exclusion 
identified in paragraph 5-6.6 of this Order and involves no 
extraordinary circumstances.

VII. Executive Order Determinations

A. Executive Order 13132, Federalism

    FAA has analyzed this immediately adopted final rule under the 
principles and criteria of Executive Order 13132, Federalism. The 
Agency has determined that this action would not have a substantial 
direct effect on the States, or the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government, and, 
therefore, would not have federalism implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    FAA analyzed this final rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
would not be a ``significant energy action'' under the executive order 
and would not be likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

C. Executive Order 13609, International Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation, promotes international regulatory cooperation to meet 
shared challenges involving health, safety, labor, security, 
environmental, and other issues and to reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements. FAA has analyzed 
this action under the policies and agency responsibilities of Executive 
Order 13609, and has determined that this action would have no effect 
on international regulatory cooperation.

D. Executive Order 13771, Reducing Regulation and Controlling 
Regulatory Costs

    This rule is not an Executive Order 13771 regulatory action because 
this rule is not significant under Executive Order 12866.

List of Subjects

14 CFR Part 1

    Air transportation.

14 CFR Part 61

    Aircraft, Airmen, Aviation safety, Recreation and recreation areas, 
Reporting and recordkeeping requirements.

14 CFR Part 101

    Aircraft, Aviation safety.

14 CFR Part 107

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends chapter I of title 14, Code of Federal 
Regulations as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701.


Sec.  1.1   [Amended]

0
2. In Sec.  1.1, remove the definition of ``Model aircraft''.

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND 
INSTRUCTORS

0
3. The authority citation for part 61 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707, 
44709-44711, 44729, 44903, 45102-45103, 45301-45302; Sec. 2307 
Public Law 114-190, 130 Stat. 615 (49 U.S.C. 44703 note).



0
4. Revise Sec.  61.8 to read as follows:


Sec.  61.8   Inapplicability of unmanned aircraft operations.

    Any action conducted pursuant to part 107 of this chapter cannot be 
used to meet the requirements of this part.

PART 101--MOORED BALLOONS, KITES, AMATEUR ROCKETS, AND UNMANNED 
FREE BALLOONS

0
5. The authority citation for part 101 is revised to read as follows:


[[Page 79826]]


    Authority: 49 U.S.C. 106(f), 106(g), 40101 note, 40103, 40113-
40114, 45302, 44502, 44514, 44701-44702, 44721, 46308.



0
6. The heading for part 101 is revised to read as set forth above.


Sec.  101.1   [Amended]

0
7. Amend Sec.  101.1 by removing paragraph (a)(5).

Subpart E--[Removed]

0
8. Remove subpart E.

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

0
9. The authority citation for part 107 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5), 
44807.


Sec.  107.1   [Amended]

0
10. Amend Sec.  107.1 as follows:
0
a. In paragraph (b)(1) by adding ``or'' after the semicolon;
0
b. Removing paragraph (b)(2); and
0
c. Redesignating paragraph (b)(3) as paragraph (b)(2).

    Issued under the authority of 49 U.S.C. 106(f) and 44809, in 
Washington, DC, on November 23, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-26726 Filed 12-10-20; 8:45 am]
BILLING CODE 4910-13-P


