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FAR/AIM: Subpart C—FAA-Recognized Identification Areas

Subpart C—FAA-Recognized Identification Areas


Source: Amdt. No. 89–1, 86 FR 4511, Jan. 15, 2021, unless otherwise noted.
 

§ 89.201 Applicability.

This subpart prescribes procedural requirements to establish an FAA-recognized identification area.

 

§ 89.205 Eligibility.

Only the following persons are eligible to apply for the establishment of an FAA-recognized identification area under this subpart:

(a) A community-based organization recognized by the Administrator.

(b) An educational institution, including primary and secondary educational institutions, trade schools, colleges, and universities.

 

§ 89.210 Requests for establishment of an FAA-recognized identification area.

(a) Application. An eligible person requesting the establishment of an FAA-recognized identification area under this subpart may submit an application in a form and manner acceptable to the Administrator.

(b) Required documentation. A request under this subpart must contain all of the following information:

(1) The name of the eligible person under § 89.205.

(2) The name of the individual making the request on behalf of the eligible person.

(3) A declaration that the individual making the request has the authority to act on behalf of the community-based organization or educational institution.

(4) The name and contact information of the primary point of contact for communications with the FAA.

(5) The physical address of the proposed FAA-recognized identification area.

(6) The location of the proposed FAA-recognized identification area in a form and manner prescribed by the Administrator.

(7) If applicable, a copy of any existing letter of agreement regarding the flying site.

(8) Description of the intended purpose of the FAA-recognized identification area and why the proposed FAA-recognized identification area is necessary for that purpose.

(9) Any other information required by the Administrator.

 

§ 89.215 Approval of FAA-recognized identification areas.

The Administrator will assess applications for FAA-recognized identification areas and may require additional information or documentation, as needed, to supplement an application. The Administrator will approve or deny an application, and may take into consideration matters such as, but not limited to:

(a) The existence of any FAA established flight or airspace restriction limiting the operation of unmanned aircraft systems, such as special use airspace designations under part 73 of this chapter, temporary flight restrictions issued under part 91 of this chapter, or any other special flight rule, restriction or regulation in this chapter limiting the operation of unmanned aircraft systems in the interest of safety, efficiency, national security and/or homeland security, which overlaps with the proposed FAA-recognized identification area.

(b) The safe and efficient use of airspace by other aircraft.

(c) The safety and security of persons or property on the ground.

(d) The need for an FAA-recognized identification area in the proposed location and proximity of other FAA-recognized identification areas.

 

§ 89.220 Amendment.

(a) From the time of application until expiration or termination of an FAA-recognized identification area, any change to the information submitted in the application including but not limited to a change to the point of contact for the FAA-recognized identification area or a change to the FAA-recognized identification area's organizational affiliation must be submitted to the FAA within 10 calendar days of the change.

(b) If the person who has been granted an FAA-recognized identification area wishes to change the geographic boundaries of the FAA-recognized identification area, the person must submit a request describing the change to the FAA for review. The geographic boundaries of the FAA-recognized identification area will not change unless the requested change is approved in accordance with § 89.215.

(c) The establishment of an FAA-recognized identification area is subject to ongoing review in accordance with § 89.215 by the Administrator that may result in the termination of the FAA-recognized identification area pursuant to § 89.230 or modification of the FAA-recognized identification area.

 

§ 89.225 Duration of an FAA-recognized identification area.

(a) Duration. Except as otherwise provided in this subpart, an FAA-recognized identification area will be in effect for 48 calendar months after the date the FAA approves the request for establishment of an FAA-recognized identification area.

(b) Renewal. A person wishing to renew an FAA-recognized identification area must submit a request for renewal no later than 120 days prior to the expiration of the FAA-recognized identification area in a form and manner acceptable to the Administrator. The Administrator may deny requests submitted after that deadline or requests submitted after the expiration.

 

§ 89.230 Expiration and termination.

(a) Expiration. Unless renewed, an FAA-recognized identification area issued under this subpart will expire automatically and will have no further force or effect as of the day that immediately follows the date of expiration.

(b) Termination prior to expiration

(1) Termination by request. An individual identified as the point of contact for an approved FAA-recognized identification area may submit a request to the Administrator to terminate that FAA-recognized identification area.

(2) Termination by FAA.

(i) The FAA may terminate an FAA-recognized identification area upon a finding that—

(A) The FAA-recognized identification area may pose a risk to aviation safety, public safety, homeland security, or national security;

(B) The FAA-recognized identification area is no longer associated with a person eligible for an FAA-recognized identification area; or

(C) The person who submitted a request for establishment of an FAA-recognized identification area provided false or misleading information during the submission, amendment, or renewal process.

(ii) The Administrator will notify the primary point of contact of the decision to terminate the FAA-recognized identification area and the reasons for the termination. Except as provided in paragraph (c) of this section, if the FAA terminates an FAA-recognized identification area based upon a finding that the FAA-recognized identification area may pose a risk to aviation safety, public safety, homeland security, or national security, that area will no longer be eligible to be an FAA-recognized identification area for as long as those conditions remain in effect.

(c) Petition to reconsider the FAA's decision to terminate an FAA-recognized identification area. No later than 30 calendar days after the termination of an FAA-recognized identification area, a person may petition the Administrator for reconsideration of the decision. The petition must state the reasons justifying the request for reconsideration and include any supporting documentation. Upon consideration of the information submitted by the petitioner, the Administrator will notify the petitioner of the decision on the request for reconsideration.

(d) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraphs (b) and (c) of this section.