Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations 77895 

1 14 CFR part 89, subpart D. 

the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0028, dated February 1, 

2023. 

(ii) [Reserved] 

(3) For EASA material, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; email 

ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

(4) You may view this service information 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood Pkwy., 

Room 6N–321, Fort Worth, TX 76177. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locationsoremailfr.inspection@nara.gov. 

Issued on November 6, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–25185 Filed 11–9–23; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 89 

[Docket No. FAA–2022–0859] 

Accepted Means of Compliance; 

Remote Identification of Unmanned 

Aircraft; Correction 

AGENCY: Federal Aviation 

Administration, DOT 

ACTION: Acceptable means of 

compliance; notice of availability; 

correction. 

SUMMARY: The FAA is correcting a 

notice of availability (NOA) published 

on August 11, 2022 (87 FR 49520). In 

that NOA, the FAA provided an 

acceptable means of compliance (MOC) 

in accordance with a rule issued by the 

FAA on January 21, 2021, that went into 

effect on April 21, 2021. In that NOA, 

the FAA accepted ASTM International 

(ASTM) F3586–22, with additions 

identified, as an acceptable means, but 

not the only means of demonstrating 

compliance with the requirements for 

producing standard remote 

identification unmanned aircraft and 

remote identification broadcast 

modules. The FAA is correcting the 

means of compliance of ASTM F3586– 

22 by correcting a typographical 

reference error in Table 3 and clarifying 

a testing requirement by revising a 

heading and adding clarifying language, 

as noted in the ‘‘Means of Compliance 

Accepted In This Policy’’ section of this 

document. This document includes 

acceptance of previously accepted 

MOCs with the corrections described. 

DATES: This corrective action is effective 

November 14, 2023. 

FOR FURTHER INFORMATION CONTACT: 

FAA Contact: Avi Acharya, Avionics 

Communications & Surveillance Unit, 

AIR–626C, Technical Policy Branch, 

Policy & Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration, AIR–600: 800 

Independence Ave. SW, Washington, 

DC 20591; telephone 1–844–FLY–MY– 

UA; email: UASHelp@faa.gov. 

ASTM Contact: Gabriel Cox, Chair, 

ASTM Remote ID Workgroup, 7325 NE 

Imbrie Drive #231, Hillsboro, OR 97124; 

Telephone 1–503–941–0099; email: 

gcox@coxdata.com. 

SUPPLEMENTARY INFORMATION: 

Background 

Title 14 Code of Federal Regulations, 

part 89 establishes remote identification 

requirements for unmanned aircraft 

operated in the airspace of the United 

States. With a few exceptions, 

unmanned aircraft produced for 

operation in the airspace of the United 

States are subject to the production 

requirements of part 89. A person 

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 subpart D of part 89 by 

following an FAA-accepted means of 

compliance (MOC). 

An FAA-accepted MOC describes one 

means by which a person may comply 

with the minimum performance 

requirements for remote identification 

in subpart D of part 89. To be accepted 

by the FAA, an MOC must meet the 

requirements of both subparts D and E 

of part 89. The MOC must address the 

minimum performance requirements, as 

well as the testing and validation 

necessary to demonstrate compliance 

with the part 89 subpart D requirements. 

The FAA indicates its acceptance of an 

MOC by publishing a Notice of 

Availability in the Federal Register 

identifying the MOC as accepted and 

informing the applicant of its 

acceptance.1

A holder of an FAA-accepted MOC 

notified the FAA of a typographical 

error in a table and a deficient testing 

requirement in its FAA-accepted MOC, 

as discussed in the ‘‘Means of 

Compliance Accepted In This Policy’’ 

section of this document. This 

document includes acceptance of the 

previously accepted MOC with the 

requested corrections and describes the 

effect on existing Declaration of 

Compliance (DOC) holders based on the 

previously accepted MOC and on new 

and revised DOC submittals. 

Means of Compliance Accepted in This 

Policy 

On August 10, 2022, the FAA 

accepted ASTM ‘‘Standard Practice for 

Remote ID Means of Compliance to 

Federal Aviation Administration 

Regulation 14 CFR part 89’’, ASTM 

F3586–22, with certain additions, as an 

MOC to the requirements of part 89 

Subpart D in NOA Docket No. FAA– 

2022–0859. 

The FAA has determined that a 

correction to the typographical error in 

table 3 of the FAA-accepted ASTM 

F3586–22 MOC standard, and a 

clarification to a deficient testing 

requirement in section 8.6 of the ASTM 

standard are necessary. 

The FAA-accepted MOC update 

provided in this NOA is comprised of 

the MOC in Docket No.FAA–2022–0859 

(i.e., ASTM F3586–22, with the FAAspecified additions) with the following 

corrections: 

1. F3586–22 Table 3, 89.320(h)(5), 

page 11, line 5: The test method must 

be MOC section 8.6, not section 8.9.3. 

2. F3586–22 Section 8.6: revise 

heading to—Broadcast Protocol, 

Message Elements, Periodicity and 

Latency Testing: 

3. F3586–22 Section 8.6: Add the 

following—In addition to the passing 

criteria, using a time-accurate test setup, 

the difference in time between the 

broadcasted timestamp and received 

packet time must be measured to be less 

than or equal to 1 second. 

Effect of This Notice on Current FAAAccepted Declarations of Compliance 

Current valid FAA-accepted DOC for 

a standard remote identification 

unmanned aircraft or remote 

identification broadcast module that 

used the original FAA-accepted MOC 

(including all provisions of ASTM 

F3586–22 and the additions identified 

in NOA Docket No.FAA–2022–0859) 

with tracking number RID–ASTM– 

F3586–22–NOA–22–01 remain FAAaccepted, and holders of those DOC do 

not need to resubmit a DOC for the MOC 

in this document. 


khammond on DSKJM1Z7X2PROD with RULES
77896 Federal Register / Vol. 88, No. 218 / Tuesday, November 14, 2023 / Rules and Regulations 

Effect of This Action on New and 

Revised Declaration of Compliance 

Submittals 

Effective upon issuance of this NOA, 

the FAA will no longer accept new or 

revised DOC submissions using the 

original MOC identified in NOA Docket 

No. FAA–2022–0859. Applicants must 

submit new and revised DOC submittals 

using the MOC in this document and 

must use the tracking number identified 

in ‘‘Tracking Number’’ below. 

Tracking Number 

Producers submitting a new or revised 

DOC to the FAA declaring the standard 

remote identification unmanned aircraft 

or remote identification broadcast 

module meets the requirements of this 

FAA-accepted MOC (including all 

provisions of ASTM F3586–22, the 

additions identified in NOA Docket 

No.FAA–2022–0859, and the 

corrections to ASTM F3586–22 

identified in this document) must 

include the following tracking number: 

RID–ASTM–F3586–22–NOA–23–01. 

Availability 

ASTM F3586–22, ‘‘Standard Practice 

for Remote ID Means of Compliance to 

Federal Aviation Administration 

Regulation 14 CFR part 89,’’ is available 

online at https://www.astm.org/f3586- 

22.html. ASTM International copyrights

these consensus standards and charges

the public a fee for service. Individual

downloads or reprints of a standard

(single or multiple copies, or special

compilations and other related technical

information) may be obtained through

www.astm.org. The FAA maintains a list

of accepted means of compliance on the

FAA website at www.https://

uasdoc.faa.gov/listMOC.

This NOA serves as acceptance by the 

Federal Aviation Administration of the 

ASTM Remote Identification Standard 

F3586–22, with additions specified in 

NOA Docket No.FAA–2022–0859 and 

corrections to ASTM F3586–22 

specified in this NOA, as a means of 

compliance for meeting the 

requirements of part 89, subpart D. 

Issued in Kansas City, Missouri, on 

October 13, 2023. 

Patrick R. Mullen, 

Manager, Technical Policy Branch, Policy and 

Standards Division, Aircraft Certification 

Service. 

[FR Doc. 2023–23058 Filed 11–13–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 67 

[Docket No. USCG–2023–0305] 

RIN 1625–AC87 

Multi-Year Certificate of 

Documentation for Recreational Vessel 

Owners 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is issuing a 

final rule for recreational vessel owners 

to select a recreational vessel 

endorsement on a Certificate of 

Documentation (COD) with a validity of 

1, 2, 3, 4, or 5 years. Currently, our 

regulations require that a COD will be 

effective for a 5-year period. Congress 

passed, and the President signed, the 

self-executing National Defense 

Authorization Act of 2022 (2022 Act), 

which directs the Coast Guard to issue 

recreational vessel CODs for 1, 2, 3, 4, 

or 5 years. By updating the Code of 

Federal Regulations (CFR) to reflect this 

change, this final rule harmonizes the 

requirements of the 2022 Act, aligns 

CFR text with current Coast Guard 

policy, and provides vessel owners’ 

statutorily directed option to select the 

validity period of their COD that best 

suits their individual needs. 

DATES: This final rule is effective 

December 14, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to 

www.regulations.gov, type USCG–2023– 

0305 in the search box, and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Mr. Ronald Teague, Department of 

Homeland Security, U.S. Coast Guard, 

National Vessel Documentation Center, 

792 T J Jackson Drive, Falling Waters, 

WV 25419; telephone 304–271–2506, 

email Ronald.S.Teague@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations

II. Basis and Purpose, and Regulatory History

III. Background

IV. Discussion of the Rule

V. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates

G. Taking of Private Property

H. Civil Justice Reform

I. Protection of Children

J. Indian Tribal Governments

K. Energy Effects

L. Technical Standards

M. Environment

I. Abbreviations

2018 Act Frank LoBiondo Coast Guard

Authorization Act of 2018 

2021 final rule Certificate of 

Documentation—5 Year Renewal Fees final 

rule 

2022 Act National Defense Authorization 

Act for Fiscal Year 2022 

CFR Code of Federal Regulations 

COD Certificate of Documentation 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

NVDC National Vessel Documentation 

Center 

OMB Office of Management and Budget 

§ Section

SME Subject matter expert

U.S.C. United States Code

II. Basis and Purpose, and Regulatory

History

The legal basis for this final rule is 

found in Section 3511 of the National 

Defense Authorization Act for Fiscal 

Year 2022 (Pub. L. 117–81, 135 Stat. 

2238) (2022 Act), which the President 

signed on December 27, 2021. The 2022 

Act directed the Coast Guard to allow an 

owner of a vessel with only a 

recreational endorsement to choose a 

Certificate of Documentation (COD) 

validity period of 1, 2, 3, 4, or 5 years. 

The Coast Guard finds that good cause 

exists under the Administrative 

Procedure Act, Title 5 of the United 

States Code (U.S.C.), Section 553, to 

issue a final rule and dispense with 

notice and comment procedures. Prior 

notice and opportunity to comment on 

this rule are unnecessary under 5 U.S.C. 

553(b)(B) because Section 3511 of the 

2022 Act provides the Coast Guard no 

discretion in adopting the specific 

timeframes for issuance or renewal of 

recreational vessel CODs. Section 3511 

of the 2022 Act does not allow for 

alternatives. It does not permit the Coast 

Guard to decide upon a different 

timeframe for renewal, choose to adopt 

a different renewal period, or respond to 

public comments by modifying the 

substance of the rule. Therefore, 

soliciting public comment on the correct 

time period for COD renewal for a 

recreational vessel, or on the decision to 

update the regulations to comport with 

the statutory mandate, is unnecessary. It 

should be noted that the Coast Guard 

has already implemented the 

requirements of Section 3511 of the 


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