[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Rules and Regulations]
[Pages 3669-3673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00765]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 48

[Docket No. FAA-2018-1084, Amdt. No. 48-2]
RIN 2120-AL32


External Marking Requirement for Small Unmanned Aircraft

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

ACTION: Interim final rule.

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SUMMARY: This interim final rule requires small unmanned aircraft 
owners to display the unique identifier assigned by the FAA upon 
completion of the registration process (registration number) on an 
external surface of the aircraft. Small unmanned aircraft owners are no 
longer permitted to enclose the FAA-issued registration number in a 
compartment.

DATES: This rule is effective February 25, 2019.
    Comments must be received on or before March 15, 2019.

ADDRESSES: Send comments identified by docket number FAA-2018-1084 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to http://www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Natalie Wilkowske, Aircraft 
Registration Branch, Civil Aviation Registry, Flight Standards Service, 
Registry Bldg., Room 118, 6425 S Denning Ave., Oklahoma City, OK 73169-
6937; telephone 1-844-FLY-MYUA; email [email protected].

[[Page 3670]]


SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    In the interim final rule titled ``Registration and Marking 
Requirements for Small Unmanned Aircraft'' (Registration IFR), the FAA 
provided a web-based aircraft registration process for the registration 
of small unmanned aircraft to facilitate compliance with the statutory 
requirement that all aircraft register prior to operation. See 80 FR 
78593 (December 16, 2015). The Registration IFR also required that the 
FAA-issued number assigned during the registration process be affixed 
or marked on the small unmanned aircraft. To grant flexibility to the 
diverse types of small unmanned aircraft commercially available, the 
FAA required that the registration number marking be readily accessible 
and maintained in a condition that is readable and legible upon close 
visual inspection. The IFR further explained that markings in an 
enclosed compartment, such as a battery compartment, will be considered 
readily accessible if they can be accessed without the use of tools. 
See id at 78627-28.
    This interim final rule revises the small unmanned aircraft marking 
requirement by requiring the registration number to be marked on the 
exterior of the aircraft. The FAA is taking this action to address 
concerns expressed by the law enforcement community and the FAA's 
interagency security partners regarding the risk a concealed explosive 
device poses to first responders who must open a compartment to find 
the small unmanned aircraft's registration number.

II. 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.
    Members of the law enforcement and security communities have 
expressed concern that the current rule, which allows registration 
numbers to be marked in an enclosed compartment, presents an imminent 
risk of harm to first responders. When responding to a security 
incident involving an unmanned aircraft, first responders seek to 
identify the owner or operator.\1\ One way to do that is to obtain the 
registration number of the unmanned aircraft. Requiring first 
responders to physically handle a small unmanned aircraft to obtain the 
registration number poses an unnecessary safety and security risk to 
those individuals, as well as to others in the immediate proximity to 
the aircraft, because of the potential for the unmanned aircraft to 
conceal an explosive device in an enclosed compartment (such as the 
battery compartment), designed to detonate upon opening. Requiring 
small unmanned aircraft owners to place the registration number on an 
external surface of the aircraft helps to mitigate this risk because a 
first responder can view the number without handling the aircraft, or 
by using other technologies that allow for remote viewing of the 
aircraft's external surface.
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    \1\ During an interagency meeting on December 2, 2016, regarding 
unmanned aircraft systems policy, several elements of the law 
enforcement community and the FAA's interagency security partners 
raised concerns regarding the part 48 provision that allows the 
small unmanned aircraft registration number to be placed in an 
enclosed compartment, such as a battery compartment. Additionally, 
the National Protection and Programs Directorate of the Federal 
Protective Service sent a letter to the FAA Administrator on May 5, 
2017, to highlight its specific concerns about this provision and to 
request that the FAA amend it.
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    The FAA had intended to make this change shortly after various 
members of the law enforcement and security communities communicated 
their concerns in late 2016 and early 2017. The FAA was not able to act 
immediately, however, due to litigation challenging the applicability 
of the Registration IFR to model aircraft as defined in section 336 of 
Public Law 112-95.\2\ The FAA was reluctant to act during the pendency 
of the litigation because model aircraft comprise the largest segment 
of registered unmanned aircraft that would be subject to the revised 
marking requirement.\3\ The National Defense Authorization Act for 
Fiscal Year 2018 (NDAA) \4\ resolved the uncertainty when it was signed 
into law on December 12, 2017 by restoring the applicability of the 
Registration IFR to model aircraft. Having resolved the applicability 
issue, the FAA finds that notice and comment would be contrary to the 
public interest. After highlighting this vulnerability in a proposed 
rule, first responders could be exposed to additional risk during the 
notice and comment period as a result of the attention drawn to the 
vulnerability. Given that the vulnerability would remain unmitigated 
while the proposed rule is being finalized, the agency has determined 
there is good cause to issue the rule without seeking prior notice and 
comment.
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    \2\ Taylor v. Huerta, Case No. 15-1495, (D.C. Cir. May 19, 
2017).
    \3\ As of May 31, 2018, 936,957 model aircraft owners completed 
the registration process and 218,033 non-model aircraft were 
registered. Model aircraft owners may apply a single registration 
number to multiple small unmanned aircraft. See 14 CFR 48.115 and 
48.200.
    \4\ Public Law 115-91.
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    Additionally, the APA requires agencies to delay the effective date 
of regulations for 30 days after publication, unless the agency finds 
good cause to make the regulations effective sooner. See 5 U.S.C. 
553(d). Good cause exists for making this regulation effective 10 days 
from the date of publication based on the same rationale in the 
previous discussion regarding forgoing notice and comment in accordance 
with 5 U.S.C. 553(b)(3)(B).

III. Comments Invited

    Consistent with the Regulatory Policies and Procedures of the 
Department of Transportation (DOT) (44 FR 11034; February 26, 1979), 
which provide that to the maximum extent possible, operating 
administrations for the DOT should provide an opportunity for public 
comment on regulations issued without prior notice, the Department 
requests comment on this interim final rule. The Department encourages 
persons to participate in this rulemaking by submitting comments 
containing relevant information, data, or views. The Department will 
consider comments received on or before the closing date for comments. 
The Department will consider late filed comments to the extent 
practicable. This interim final rule may be amended based on comments 
received.

IV. Authority for This Rulemaking

    The 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 under the authority described in 49 
U.S.C. 106(f), which establishes the authority of the Administrator to 
promulgate regulations and rules; and 49 U.S.C. 44701(a)(5), which 
requires the Administrator to promote safe flight of civil aircraft in 
air commerce by prescribing regulations and setting minimum standards 
for other practices, methods, and procedures necessary for safety in 
air commerce and national security.
    This rule is also promulgated pursuant to 49 U.S.C. 44101-44106 and 
44110-44113, which require aircraft to

[[Page 3671]]

be registered as a condition of operation and establish the 
requirements for registration and registration processes.

V. Discussion of the Interim Final Rule

    The Registration IFR established a web-based aircraft registration 
process for the registration of small unmanned aircraft to facilitate 
compliance with the statutory requirement that all aircraft register 
prior to operation. See 80 FR 78593 (December 16, 2015). The 
Registration IFR required that the FAA-issued registration number be 
affixed or marked on the small unmanned aircraft. To grant flexibility 
to the diverse types of small unmanned aircraft commercially available, 
the FAA required that the registration number marking be readily 
accessible and maintained in a condition that is readable and legible 
upon close visual inspection. 14 CFR 48.205(c). The IFR further 
explained that markings in an enclosed compartment, such as a battery 
compartment, will be considered readily accessible if they can be 
accessed without the use of tools. See 80 FR at 78628. The FAA included 
this provision in the Registration IFR to accommodate the television 
and motion picture industry, which did not want markings to show in 
theatrical and television productions, and hobbyists who wanted to 
preserve the authenticity of model aircraft that replicate other 
aircraft. The FAA also included this provision to allow future 
consideration of the use of a serial number as a unique identifier for 
purposes of registration. See 80 FR at 78628.
    As discussed previously, after the Registration IFR became 
effective, the law enforcement community and FAA's interagency security 
partners highlighted the risk to first responders when registration 
numbers are permitted to be concealed. To address this safety and 
security risk, the FAA is amending 14 CFR 48.205(c) to require the 
registration number be displayed and visible on an external surface of 
the small unmanned aircraft. The FAA has determined that the importance 
of mitigating the risk to first responders outweighs the previously 
discussed aesthetic interests and justifies the minimal burden and 
inconvenience this change could impose on small unmanned aircraft 
owners.
    This interim final rule does not change the acceptable methods of 
external marking provided in Sec.  48.205(a) and (b). Additionally, the 
FAA does not specify a particular external surface upon which the 
registration number must be placed. The requirement is that it can be 
seen upon visual inspection of the aircraft's exterior. This interim 
final rule is effective February 25, 2019. Owners must ensure each 
aircraft meets this requirement for any operation that occurs after 
February 25, 2019.

VI. 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), as codified in 5 U.S.C. 601 et seq., requires agencies to 
analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (Pub. L. 96-39, as amended, 19 U.S.C. 
chapter 13) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Agreements Act 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 the FAA's analysis of the economic impacts of this interim 
final rule.

A. Regulatory Evaluation

    This rule revises the requirements regarding the placement of the 
registration number assigned to a small unmanned aircraft. Under the 
Registration IFR, the FAA allowed the registration number to be placed 
in an enclosed compartment (e.g., the battery compartment) on the small 
unmanned aircraft, but the FAA now requires the number to be placed on 
the exterior of the aircraft. While this rule changes one possible 
location where the registration number may be displayed, the cost to 
operators/owners is minimal as they will continue to use the same 
methods to mark the aircraft. The FAA acknowledges that there may be 
some minimal costs associated with reduced aesthetic freedom for UAS 
designed to look a particular way.
    As previously discussed, if the registration number is not readily 
visible on the exterior of the small unmanned aircraft, first 
responders or other persons seeking to identify the small unmanned 
aircraft owner must open such enclosed compartments to view the unique 
identifier. Requiring first responders to physically handle a small 
unmanned aircraft to obtain a registration number adds an unnecessary 
safety and security risk to those individuals, as well as to others in 
the immediate proximity to the aircraft. This rule helps to mitigate 
those risks.
    The Office of Information and Regulatory Affairs has determined 
that this interim final rule is a significant regulatory action 
pursuant to Executive Order 12866. It requires that owners of small 
unmanned aircraft mark the registration number on an external surface 
of the aircraft, which poses a minimal burden and inconvenience if an 
owner must re-mark the aircraft to comply with this rule.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act, in 5 U.S.C. 603, 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, or any other law, to publish a general notice of proposed 
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 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 by 
that section or any other law to publish a general notice of proposed 
rulemaking. The FAA found good cause to forgo notice and comment and 
any delay in the effective date for this rule. As notice and comment 
under 5 U.S.C. 553 are not required in this situation, the regulatory 
flexibility analyses described in 5 U.S.C. 603 and 604 are not 
required.

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

[[Page 3672]]

appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this interim final rule and determined 
that it has a legitimate domestic objective--the protection of safety--
and does not operate in a manner that excludes imports that meet this 
objective.

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.'' The FAA currently 
uses an inflation-adjusted value of $155 million in lieu of $100 
million.
    This interim final 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 the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this interim final rule.

F. International Compatibility and Cooperation

    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. As stated in 
the Registration IFR, the registration and marking requirements for 
small unmanned aircraft apply only to operations within the United 
States and there are no ICAO standards for marking small unmanned 
aircraft.\5\
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    \5\ Standard Practice for UAS Registration and Marking 
(Excluding Small Unmanned Aircraft Systems), ASTM F2851-10 (2018), 
available at https://www.astm.org/Standards/F2851.htm.
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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 (NEPA) in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 5-6.6f of this order and involves no 
extraordinary circumstances.
    The FAA has reviewed the implementation of the rule and determined 
it is categorically excluded from further environmental review 
according to FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.6f. The FAA has examined possible 
extraordinary circumstances and determined that no such circumstances 
exist. After careful and thorough consideration of the action, the FAA 
finds that this Federal action does not require preparation of an 
Environmental Assessment or Environmental Impact Statement in 
accordance with the requirements of NEPA, Council on Environmental 
Quality (CEQ) regulations, and FAA Order 1050.1F.

VII. Executive Order Determinations

A. Executive Order 13132, ``Federalism''

    The FAA has analyzed this interim final rule under the principles 
and criteria of Executive Order 13132, ``Federalism.'' The agency has 
determined that this action will 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, does not have 
Federalism implications.

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

    The FAA analyzed this interim 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 is not a ``significant energy action'' under the 
executive order, and it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory 
Cooperation

    Executive Order 13609, Promoting International Regulatory 
Cooperation (77 FR 26413, May 4, 2012) 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. The 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 subject to the requirements of Executive Order 
13771 (82 FR 9339, Feb. 3, 2017) because the costs associated with the 
rule are considered de minimis.

VIII. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the internet--
     Search the Federal Document Management System (FDMS) 
Portal (http://www.regulations.gov);
     Visit the FAA's Regulations and Policies web page at 
http://www.faa.gov/regulations_policies/ or
     Access the Government Publishing Office's web page at: 
http://www.gpo.gov/fdsys/.
    Copies may also be obtained by sending a request (identified by 
amendment or docket number of this rulemaking) to the Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue 
SW, Washington, DC 20591, or by calling (202) 267-9677.
    All documents the FAA considered in developing this rule, including 
economic analyses and technical reports, may be accessed from the 
internet through the Federal eRulemaking Portal referenced above.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) (Pub. L. 104-121) (set forth as a note to 5 U.S.C. 601), as 
amended, requires FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document may contact its local FAA official, or the person listed under

[[Page 3673]]

the FOR FURTHER INFORMATION CONTACT section at the beginning of the 
preamble. You can find out more about SBREFA on the internet at: http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 48

    Aircraft, Reporting and recordkeeping requirements, Signs and 
symbols, Small unmanned aircraft, Unmanned aircraft.

The Amendment

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

PART 48--REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED 
AIRCRAFT

0
1. The authority citation for part 48 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40101, 40103, 40113-40114, 
41703, 44101-44103, 44105-44106, 44110-44113, 45302, 45305, 46104, 
46301, 46306.


0
2. In Sec.  48.205, revise paragraph (c) to read as follows:


Sec.  48.205  Display and location of unique identifier.

* * * * *
    (c) The unique identifier must be legibly displayed on an external 
surface of the small unmanned aircraft.

    Issued under the authority provided by 49 U.S.C. 106(f), 41703, 
44101-44103, in Washington, DC, on December 21, 2018.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2019-00765 Filed 2-12-19; 8:45 am]
 BILLING CODE 4910-13-P