2020-26726

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration • 14 CFR Parts 1, 61, 101, 107 • [Docket No. FAA-2020-1067; Amdt. Nos. 1-73, 61-148, 101-10, 107-6] • RIN 2120-AL43 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This action removes regulations codifying the Special Rule for Model Aircraft because of a change in applicable law. This action also makes conforming updates to FAA regulations. DATES: This rule is effective on December 11, 2020. FOR FURTHER INFORMATION CONTACT: Jonathan W. Cross, Regulations Division, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-7173; email: jonathan.cross@faa.gov. SUPPLEMENTARY INFORMATION: The FAA Modernization and Reform Act of 2012, Public Law 112-95 (February 14, 2012) (FMRA) included a number of provisions related to unmanned aircraft systems (UAS) operating in the National Airspace System (NAS). Section 336 of the Act, titled “Special Rule for Model Aircraft,” defined “model aircraft” and specifically prohibited FAA from promulgating a rule or regulation regarding model aircraft that were operated under certain circumstances. That prohibition notwithstanding, ( printed page 79824) section 336 preserved the right of FAA to pursue enforcement action against operators of model aircraft that endanger the NAS. On June 28, 2016, FAA issued a final rule to allow the operation of small unmanned aircraft systems (UAS) in the National Airspace System (NAS), Operation and Certification of Small Unmanned Aircraft Systems,81 FR 42064. That rule also included a new subpart E to 14 CFR part 101, implementing section 336. On October 5, 2018, the President signed into law the FAA Reauthorization Act of 2018 (Pub. L. 115-254) (FAARA 2018). Section 349 of that act repealed the “Special Rule for Model Aircraft” in section 336 of FMRA, and replaced it with the “Exception for limited recreational operations of unmanned aircraft,” creating a new framework for allowing certain small unmanned aircraft operations. As a result, 14 CFR part 101, subpart E, no longer reflects current statutory law. This final rule removes 14 CFR part 101, subpart E, to remove the inconsistency between FAA's regulations and current statutory law. It also makes conforming amendments to remove references to part 101, subpart E, in both 14 CFR 61.8 (Inapplicability of unmanned aircraft operations) and 14 CFR 107.1(b)(2) (Applicability of part 107). Lastly, the final rule removes the obsolete definition of “model aircraft” from 14 CFR part 1. 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. Section 553(d) also authorizes agencies to forgo the delay in the effective date of the final rule for good cause found and published with the rule. In this instance, FAA finds good cause to forgo notice and comment. Section 349 of FAARA 2018 repealed the statutory basis for …

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.