63518 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 
1Remote Identification of Unmanned Aircraft 
final rule, 86 FR 4390, January 15, 2021, available 
at https://www.federalregister.gov/documents/2021/ 01/15/2020-28948/remote-identification-of- unmanned-aircraft. 
214 CFR 89.105. 
3Remote Identification of Unmanned Aircraft; 
Delay, 86 FR 13629, March 10, 2021, available at 
https://www.federalregister.gov/documents/2021/ 03/10/2021-04882/remote-identification-of- unmanned-aircraft-delay. 
4Enforcement Policy Regarding Production 
Requirements for Standard Remote Identification Unmanned Aircraft, 87 FR 55685, September 12, 2022, available at https://www.federalregister.gov/ 
documents/2022/09/12/2022-19644/enforcement- policy-regarding-production-requirements-for- standard-remote-identification-unmanned. PART 71—DESIGNATION OF CLASS A, 
B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 
■1. The authority citation for 14 CFR 
part 71 continues to read as follows: 
Authority: 49 U.S.C. 106(f), 106(g), 40103, 
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 
1959–1963 Comp., p. 389. 
§ 71.1 [Amended] 
■2. The incorporation by reference in 
14 CFR part 71.1 of FAA Order JO 
7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: 
Paragraph 6002 Class E Airspace Areas 
Designated as a Surface Area. 
* * * * * 
AAL AK E2 Tanana, AK [Amended] 
Ralph M. Calhoun Memorial Airport, AK 
(Lat. 65°10′28″ N, long. 152°06′29″ W) 
That airspace within a 5.1-mile radius of 
the airport, and within 3.6 miles each side of 
the airport’s 214° bearing extending from the 
5.1-mile radius to 6.5 miles southwest of the airport. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. 
* * * * * 
Paragraph 6005 Class E Airspace Areas 
Extending Upward From 700 Feet or More Above the Surface of the Earth. 
* * * * * 
AAL AK E5 Tanana, AK [Amended] 
Ralph M. Calhoun Memorial Airport, AK 
(Lat. 65°10′28″ N, long. 152°06′29″ W) 
That airspace extending upward from 700 
feet above the surface within a 6.6-mile 
radius of the airport, and within 1.9 miles each side of the airport’s 082° bearing 
extending from the 6.6-mile radius to 10.5 miles east of the airport; that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the airport. 
* * * * * 
Issued in Des Moines, Washington, on 
August 31, 2023. 
B.G. Chew, Group Manager, Operations Support Group, 
Western Service Center. 
[FR Doc. 2023–19295 Filed 9–14–23; 8:45 am] 
BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 
Federal Aviation Administration 
14 CFR Part 89 
[Docket No. FAA–2019–1100; Amdt. No. 89– 
2] 
RIN 2120–AL31 
Enforcement Policy Regarding 
Operator Compliance Deadline for Remote Identification of Unmanned Aircraft 
AGENCY : Federal Aviation 
Administration (FAA), U.S. Department of Transportation (DOT). 
ACTION : Notification of enforcement 
policy. 
SUMMARY : For noncompliance with the 
remote identification operating requirements applicable to unmanned aircraft, which occurs on or before March 16, 2024, the FAA will consider all circumstances, in particular, unanticipated issues with the available supply and excessive cost of remote identification broadcast modules and unanticipated delay in the FAA’s approval of FAA-recognized identification areas, when exercising its discretion in determining whether to take enforcement action. 
DATES : This policy is effective 
September 15, 2023. 
FOR FURTHER INFORMATION CONTACT : Ben 
Walsh, Flight Technologies and Procedures Division, Federal Aviation Administration, 800 Independence Ave. SW, Building 10A/8th Floor, Washington, DC 20591; telephone 1– 844–FLY–MY–UA (1–844–359–6981); email: UAShelp@faa.gov. 
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.
1Unless otherwise 
authorized by the Administrator or as 
prescribed in 14 CFR 89.120, no person may operate an unmanned aircraft subject to the applicability in § 89.101 after September 16, 2023, outside the boundaries of an FAA-recognized identification area (FRIA) unless it is a standard remote identification unmanned aircraft or equipped with a remote identification broadcast module.
2The application and approval 
process for FRIAs is set forth in 14 CFR 89 subpart C. The majority of the final rule became effective on April 21, 2021.
3 
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. 
On September 12, 2022, the FAA 
published an Enforcement Policy indicating that the FAA would exercise its discretion in determining how to handle any apparent noncompliance with the manufacturing deadline set forth in the final rule, due to the delay in acceptance of the ASTM means of 
compliance.
4 
In recent months, the FAA has 
received significant public feedback regarding remote identification requirements, including multiple requests for an extension of the September 16, 2023, remote identification operational compliance date. Additionally, the FAA has 
VerDate Sep<11>2014 15:49 Sep 14, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1ddrumheller on DSK120RN23PROD with RULES163519 Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 / Rules and Regulations 
received hundreds of inquiries through 
emails, phone calls, and in-person questions about the remote identification operational compliance date. Flight Standards District Offices alone are receiving over 10 emails a day related to remote identification requirements. The FAA UAS Support Center has received over 380 inquires over the past 60 days. Their primary inquiry was about the compliance date and the inability to obtain remote identification modules. UAS operators within the Commercial Drone Alliance, the Association of Uncrewed Vehicle Systems International, multiple public safety agencies such as the Nebraska Department of Transportation and the Iowa Department of Transportation, as well as FAA Lead Participants in the BEYOND program, have all indicated that they are encountering significant difficulty obtaining remote identification broadcast modules, which would allow continued operation of existing unmanned aircraft instead of purchasing new standard remote identification unmanned aircraft. Those difficulties are primarily related to availability of broadcast modules, the shipping timelines for broadcast modules, and the cost of those modules. Data from the FAA Drone Zone as of August 28, 2023, shows that there are 261,143 operators flying with a remote pilot certificate under 14 CFR part 107 and 328,372 recreational flyers operating under the provisions of 49 U.S.C. 44809 who are not remote identification equipped. The FAA has also received feedback from operators, including numerous public safety agencies, about difficulties in obtaining firmware updates to some existing models of unmanned aircraft to activate standard remote identification capabilities and make them remote identification compliant. 
As a separate matter, as of August 18, 
2023, the FAA has approved 412 applications for FRIAs, with 1,206 yet to be reviewed. The FAA has endeavored to review these FRIA applications as quickly as possible but expects a large increase in applications as the mandatory compliance date approaches. This influx is expected to increase the application processing backlog and impair the ability of recreational operators to comply with the rule. The FAA anticipates that the supply of remote identification broadcast 
modules, resolution of firmware issues, and approval of FAA-recognized identification areas will increase in the next six months. Statement of Policy 
The FAA recognizes that it has yet to 
evaluate a majority of submitted 
applications for FAA-recognized identification areas. The FAA also recognizes the unanticipated issues that operators are facing related to the availability of remote identification broadcast modules. The FAA has continued to monitor this situation as long as possible before making a determination, but with less than a month remaining until the operational compliance date, the FAA acknowledges that for many operators, compliance with § 89.105 may prove difficult or impossible in the timeframe presented. While some operators, such as those who are using standard remote identification unmanned aircraft or those operating in FRIAs that have already been approved by the FAA, will be able to comply with the rule, the cumulative effect of the current state of the compliance issues reported to the FAA could otherwise cause a cessation of numerous UAS operations, which is not consistent with the FAA’s intent for this rule or its statutory mandate to integrate UAS operations into the National Airspace System. 
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 March 16, 2024—the six-month period following the compliance deadline for operators initially published in the Remote Identification of Unmanned Aircraft final rule, RIN 2120–AL31. The exercise of enforcement discretion herein creates no individual right of action and establishes no precedent for future determinations. 
Issued in Washington, DC, on September 
12, 2023. 
Taneesha Dobyne Marshall, Assistant Chief Counsel for Aviation 
Litigation, Federal Aviation Administration. 
[FR Doc. 2023–20074 Filed 9–13–23; 11:15 am] 
BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION 
Federal Aviation Administration 
14 CFR Part 91 
[Docket No.: FAA–2018–0838; Amdt. No. 
91–352B] 
RIN 2120–AL90 
Extension of the Prohibition Against 
Certain Flights in the Pyongyang Flight Information Region (FIR) (ZKKP) 
AGENCY : Federal Aviation 
Administration (FAA), Department of Transportation (DOT). 
ACTION : Final rule. 
SUMMARY : This action extends the 
prohibition against certain flight operations in the Pyongyang Flight Information Region (FIR) (ZKKP) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator of such aircraft is a foreign air carrier, for an additional five years, from September 18, 2023, until September 18, 2028. The FAA finds this action necessary to address significant safety-of-flight risks to U.S. civil aviation associated with the Democratic People’s Republic of Korea’s (DPRK’s) military capabilities and activities. The FAA also republishes the approval process and exemption information for this Special Federal Aviation Regulation (SFAR), consistent with other recently published flight prohibition SFARs. 
DATES : This final rule is effective on 
September 15, 2023. 
FOR FURTHER INFORMATION CONTACT : Bill 
Petrak, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–8166; email bill.petrak@faa.gov. 
SUPPLEMENTARY INFORMATION : 
I. Executive Summary 
This action extends the expiration 
date of SFAR No. 79, § 91.1615 of title 14 Code of Federal Regulations (CFR), from September 18, 2023, until September 18, 2028. SFAR No. 79 prohibits certain flight operations in the Pyongyang FIR (ZKKP) by all: U.S. air carriers; U.S. commercial operators; persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and operators of U.S.-registered civil aircraft, except when the operator 
VerDate Sep<11>2014 15:49 Sep 14, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1ddrumheller on DSK120RN23PROD with RULES1