[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Rules and Regulations]
[Pages 13629-13630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04882]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / 
Rules and Regulations  

[[Page 13629]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 11, 47, 48, 89, 91, and 107

[Docket No.: FAA-2019-1100]
RIN 2120-AL31


Remote Identification of Unmanned Aircraft; Delay

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

ACTION: Final rule; delay of effective and compliance date; correction.

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

SUMMARY: In accordance with the memorandum of January 20, 2021, from 
the Assistant to the President and Chief of Staff, titled ``Regulatory 
Freeze Pending Review,'' the Agency delays the March 16, 2021, 
effective date of the final rule, ``Remote Identification of Unmanned 
Aircraft'', until April 21, 2021. As a result of the delay in the 
effective date, the Agency is also delaying the compliance date for the 
production requirements for remote identification broadcast modules by 
correcting the regulatory text.

DATES: As of March 10, 2021, the March 16, 2021, the effective date of 
the final rule published on January 15, 2021, at 86 FR 4390, is delayed 
to April 21, 2021.
    The incorporation by reference approval published in the January 
15, 2021, rule at 86 FR 4390, is delayed to April 21, 2021.
    The correction to Sec.  89.520 is effective April 21, 2021.

FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and 
Procedures Division, Federal Aviation Administration, 470 L'Enfant 
Plaza SW, Suite 4102, Washington, DC 20024; telephone 1-844-FLY-MY-UA 
(1-844-359-6981); email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the Notice of Proposed Rulemaking (NPRM) (84 FR 72438, 
December 31, 2019), all comments received, the Final Rule, and all 
background material may be viewed online at http://www.regulations.gov 
using the docket number listed above. A copy of this notice 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 http://www.federalregister.gov and the Government Publishing Office's website 
at http://www.govinfo.gov.

Background

    On January 15, 2021, the final rule, ``Remote Identification of 
Unmanned Aircraft'' (RIN 2120-AL31) published in the Federal Register 
at 86 FR 4390. The final rule requires the remote identification of 
unmanned aircraft. The remote identification of unmanned aircraft in 
the airspace of the United States will address safety, national 
security, and law enforcement concerns regarding the further 
integration of these aircraft into the airspace of the United States, 
laying a foundation for enabling operational capabilities.
    On January 20, 2021, the Assistant to the President and Chief of 
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.'' 
The memorandum requested that the heads of executive departments and 
agencies take steps to ensure the President's appointees or designees 
have the opportunity to review any new or pending rules. With respect 
to rules published in the Federal Register, but not yet effective, the 
memorandum asked that agencies consider postponing the rules' effective 
dates for 60 days from the date of the memorandum for the purpose of 
reviewing any questions of fact, law, and policy the rules may raise.
    In accordance with this direction, the Agency has decided to delay 
the March 16, 2021, effective date of the final rule, Remote 
Identification of Unmanned Aircraft (RIN 2120-AL31), until April 21, 
2021. Given the highly complex nature and length of Remote 
Identification of Unmanned Aircraft final rule, this delay in the final 
rule's March 16, 2021 effective date will afford the President's 
appointees or designees an opportunity to review the rule and will 
allow for consideration of any questions of fact, law, or policy that 
the rule may raise before it becomes effective. On the same day that 
FAA published the ``Remote Identification of Unmanned Aircraft final 
rule'', FAA also published the ``Operation of Small Unmanned Aircraft 
Systems Over People'' final rule (86 FR 4314, January 15, 2021). The 
adoption of these two rules is inextricably connected. By separate 
action published elsewhere in this issue of the Federal Register, FAA 
is also delaying the effective date of the Operations of Small Unmanned 
Aircraft Systems over People final rule.
    Additionally, as a result of the delay in the effective date, the 
March 16, 2021 compliance date in Sec.  89.520 for production 
requirements for remote identification broadcast modules is delayed 
until April 21, 2021.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
Federal Aviation Administration generally offers interested parties the 
opportunity to comment on proposed regulations and publish rules not 
less than 30 days before their effective dates. However, the APA 
provides that an agency is not required to conduct notice-and-comment 
rulemaking or delay effective dates when the agency, for good cause, 
finds that the requirement is impracticable, unnecessary, or contrary 
to the public interest. 5 U.S.C. 553(b)(B) and (d)(3). There is good 
cause to waive both of these requirements here, as they are 
impracticable and unnecessary. A delay in the effective date of the 
final rule, Remote Identification of Unmanned Aircraft, is essential 
for the President's appointees and designees to have adequate time to 
review the rule before it takes effect, and neither the notice and 
comment process nor the delayed effective date could be implemented in 
time to allow for this review, thereby making notice and comment 
impracticable. In addition, notice and comment on this delay is 
unnecessary because the delay is short, the effective dates remain 
aligned with the Operation of Small Unmanned Aircraft Systems over 
People final rule, and there is no change to the policy

[[Page 13630]]

effectuated by the Remote Identification of Unmanned Aircraft final 
rule. This delay is insignificant in its nature and impact, and 
inconsequential to the regulated community and to the public.

Correction

    In FR Doc. 2020-28948 (86 FR 4390) published on January 15, 2021, 
the following correction is made:


Sec.  89.520  [Corrected]

0
1. On page 4509, in the third column, in Sec.  89.520, in the 
introductory text, the date ``March 16, 2021'' is corrected to read 
``April 21, 2021''.

    Issued in Washington, DC, under the authority provided by 49 
U.S.C. 106(f), 40101, 40103, 44701(a)(5), 44805, 44809, and section 
2202 of Public Law 114-190, dated on March 4, 2021.
Steve Dickson,
Administrator, Federal Aviation Administration.
[FR Doc. 2021-04882 Filed 3-8-21; 8:45 am]
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