FAR/AIM: Subpart E—Means of Compliance

• § 89.401 Applicability.
• § 89.405 Submission of a means of compliance for FAA acceptance.
• § 89.410 Acceptance of a means of compliance.
• § 89.415 Rescission.
• § 89.420 Record retention.

 

This subpart prescribes—

(a) Requirements for means of compliance with subpart D of this part.

(b) Procedural requirements for the submission and acceptance of means of compliance used in the design and production of standard remote identification unmanned aircraft or remote identification broadcast modules to ensure they meet the minimum performance requirements of this part.

(c) Rules governing persons submitting means of compliance for FAA acceptance.

 

(a) Eligibility. Any person may submit a means of compliance for acceptance by the FAA.

(b) Required information. A person requesting acceptance of a means of compliance must submit the following information to the FAA in a form and manner acceptable to the Administrator:

(1) The name of the person or entity submitting the means of compliance, the name of the main point of contact for communications with the FAA, the physical address, email address, and other contact information.

(2) A detailed description of the means of compliance.

(3) An explanation of how the means of compliance addresses all of the minimum performance requirements established in subpart D of this part so that any standard remote identification unmanned aircraft or remote identification broadcast module designed and produced in accordance with such means of compliance meets the remote identification requirements of this part.

(4) Any substantiating material the person wishes the FAA to consider as part of the request.

(c) Testing and validation. A means of compliance submitted for acceptance by the FAA must include testing and validation procedures for persons responsible for the production of standard remote identification unmanned aircraft or remote identification broadcast modules to demonstrate through analysis, ground test, or flight test, as appropriate, how the standard remote identification unmanned aircraft or the remote identification broadcast module performs its intended functions and meets the requirements in subpart D of this part, including any applicable FAA performance requirements for radio station operation.

 

(a) A person requesting acceptance of a means of compliance must demonstrate to the Administrator that the means of compliance addresses all of the requirements of subparts D and E of this part, and that any standard remote identification unmanned aircraft or remote identification broadcast module designed and produced in accordance with such means of compliance would meet the performance requirements of subpart D of this part.

(b) The Administrator will evaluate a means of compliance that is submitted to the FAA and may request additional information or documentation, as needed, to supplement the submission.

(c) If the Administrator determines the person has demonstrated that the means of compliance meets the requirements of subparts D and E of this part, the FAA will notify the person that the Administrator has accepted the means of compliance.

 

(a) Rescission of an FAA-accepted means of compliance.

(1) A means of compliance is subject to ongoing review by the Administrator. The Administrator may rescind acceptance of a means of compliance if the Administrator determines that a means of compliance does not meet any or all of the requirements of subpart D or E of this part.

(2) The Administrator will publish a notice of rescission in the Federal Register.

(b) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraph (a) of this section.

 

A person who submits a means of compliance that is accepted by the Administrator under this subpart must retain the following information for as long as the means of compliance is accepted plus an additional 24 calendar months, and must make available for inspection by the Administrator the following:

(a) All documentation and substantiating data submitted to the FAA for acceptance of the means of compliance.

(b) Records of all test procedures, methodology, and other procedures, as applicable.

(c) Any other information necessary to justify and substantiate how the means of compliance enables compliance with the remote identification requirements of this part.