This section of the FEDERAL REGISTER
contains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.Rules and RegulationsFederal Register13629 
Vol. 86, No. 45 
Wednesday, March 10, 2021 
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 § 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: UAShelp@faa.gov. 
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 § 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 
VerDate Sep<11>2014 16:13 Mar 09, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR113630 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations 
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: 
§ 89.520 [Corrected] 
■1. On page 4509, in the third column, 
in § 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] 
BILLING CODE 4910–13–P 
DEPARTMENT OF TRANSPORTATION 
Federal Aviation Administration 
14 CFR Parts 11, 21, 43, and 107 
[Docket No. FAA–2018–1087] 
RIN 2120–AK85 
Operation of Small Unmanned Aircraft 
Systems Over People; Delay; Withdrawal; Correction 
AGENCY : Federal Aviation 
Administration (FAA) and Office of the Secretary of Transportation (OST), U.S. Department of Transportation (DOT). 
ACTION : Final rule; delay of effective and 
compliance dates; withdrawal; 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 effective date of the final rule, ‘‘Operation of Small Unmanned Aircraft Systems Over People’’, until April 21, 2021, except for certain provisions pertaining to remote pilot certification and qualification, which are delayed until April 6, 2021. As a result of the delay in the effective dates, several compliance dates are also delayed by correcting the regulatory text. 
DATES : As of March 10, 2021, the March 
1, 2021 effective date for the amendments to §§ 107.61, 107.63, 107.65, 107.73, and 107.74 in the final rule published at 86 FR 4314 (January 15, 2021), which was delayed at 86 FR 11623 (February 26, 2021), is further delayed to April 6, 2021. 
As of March 10, 2021, the March 16, 
2021 effective date of the final rule published at 86 FR 4314 (January 15, 2021) is delayed to April 21, 2021. 
The corrections published at 86 FR 
11623 (February 26, 2021) are withdrawn as of March 10, 2021. 
The correction to § 107.65 is effective 
April 6, 2021. 
The corrections to §§ 107.29 and 
107.140 are effective April 21, 2021. 
FOR FURTHER INFORMATION CONTACT : 
Michael Machnik, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 55 M Street SE, 8th Floor, Washington, DC 20003; telephone 1–844–FLY–MYUA; email: UASHelp@faa.gov. 
SUPPLEMENTARY INFORMATION : 
Electronic Access and Filing 
A copy of the notice of proposed 
rulemaking (NPRM) (84 FR 3856, Feb. 13, 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 final rule will also 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 www.federalregister.gov and 
the Government Publishing Office’s website at www.govinfo.gov. 
Background 
On January 15, 2021, the ‘‘Operation 
of Small Unmanned Aircraft Systems 
Over People’’ final rule (RIN 2120– AK85) published in the Federal Register at 86 FR 4314. The final rule permits routine operations of small unmanned aircraft over people, moving vehicles, and at night under certain conditions. The final rule also makes changes to the recurrent testing framework and expands the list of persons who may request the presentation of a remote pilot certificate. 
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 (agencies) take steps to ensure that 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 previously decided to delay the effective dates of the amendments to §§ 107.61, 107.63, 107.65, 107.73 and 107.74 of the final rule, ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ (RIN 2120–AK85), until March 16, 2021 (FR Doc. 2021–04093, 86 FR 11623, published on February 26, 2021). Given that the ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ final rule is a complex and lengthy rulemaking, the Agency decided to further delay the effective dates of the amendments to §§ 107.61, 107.63, 107.65, 107.73 and 107.74 until April, 6, 2021, and to delay until April 21, 2021, the effective date for the remainder of this final rule. The delay in the rule’s effective dates 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 ‘‘Operation of Small Unmanned Aircraft Systems Over People’’ final rule, FAA also published a final rule concerning remote identification of small unmanned aircraft. 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 remote identification final rule. 
Additionally, as a result of the delay 
in the effective dates, several corrections are necessary. Some of the compliance dates for § 107.29(a)(1) and (d) regarding the operation of a small unmanned aircraft system at night must be corrected so that they do not precede the new effective date. Similarly, a correction to § 107.65(d) regarding the timing of passing the recurrent aeronautical knowledge test or satisfying training requirements must also be made to conform to the delayed effective date. 
Lastly, this document corrects a 
drafting error in § 107.140(d). Section 107.140(d) should refer to paragraph (b)(3) of § 107.140, rather than paragraph (b)(4). Paragraph (b)(4) does not exist. 
Waiver of Rulemaking and Delayed 
Effective Date 
Under the Administrative Procedure 
Act (APA) (5 U.S.C. 553), the Agency 
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