• FAA Proposes Rule To Require Remote Identification Of Drones (1/19)

    From Larry Dighera@21:1/5 to All on Fri Dec 27 05:53:15 2019
    https://www.avweb.com/recent-updates/unmanned-vehicles/faa-proposes-rule-to-require-remote-identification-of-drones/

    FAA Proposes Rule To Require Remote Identification Of Drones
    Kate O'Connor December 26, 20195

    The FAA issued a proposal on Thursday for a rule that would require
    unmanned aircraft systems (UAS/drones) to be identifiable remotely.
    The Notice of Proposed Rulemaking (NPRM) suggests tying remote
    identification requirements to UAS registration and would allow drone identification and location information to be received by “people on
    the ground and other airspace users.” According to the FAA, the
    proposed rule would cover all drones—both recreational and
    commercial—operating in U.S. airspace “with very few exceptions.”

    “The remote identification of unmanned aircraft systems in the
    airspace of the United States would address safety, national security,
    and law enforcement concerns regarding the further integration of
    these aircraft into the airspace of the United States while also
    enabling greater operational capabilities,” the agency said in the “unpublished” version of the NPRM (PDF) https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-28100.pdf
    . “This is an important building block in the unmanned traffic
    management ecosystem.”

    While the FAA says the UAS remote identification equipment would
    provide information “similar to how ADS-B and transponders provide
    identifying information for manned aircraft,” the proposed rule would
    prohibit ADS-B Out and transponder use by drones due to concerns over
    “the lack of infrastructure for these technologies at lower altitudes
    and the potential saturation of [the] available radio frequency
    spectrum.” The rule would also require UAS owners who currently use a
    single registration number for multiple drones to register each one individually. The NPRM is scheduled to be officially published in the
    Federal Register on Dec. 31 https://www.federalregister.gov/documents/2019/12/31/2019-28100/remote-identification-of-unmanned-aircraft-systems
    , after which it will be open for public comment for 60 days. ----------------------------------------------------

    https://www.federalregister.gov/documents/2019/12/31/2019-28100/remote-identification-of-unmanned-aircraft-systems

    Remote Identification of Unmanned Aircraft Systems
    An unpublished Proposed Rule by the Federal Aviation Administration on 12/31/2019

    PUBLIC INSPECTION DOCUMENT
    This document is unpublished. It is scheduled to be published on
    12/31/2019.

    Once it is published it will be available on this page in an official
    form. Until then, you can download the unpublished PDF version. https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-28100.pdf

    Although we make a concerted effort to reproduce the original document
    in full on our Public Inspection pages, in some cases graphics may not
    be displayed, and non-substantive markup language may appear alongside substantive text. If you are using public inspection listings for
    legal research, you should verify the contents of documents against a
    final, official edition of the Federal Register. Only official
    editions of the Federal Register provide legal notice to the public
    and judicial notice to the courts under 44 U.S.C. 1503 & 1507. Learn
    more here.

    PUBLIC INSPECTION DOCUMENT
    DOCUMENT DETAILS
    Filed at: 12/26/2019 at 11:15 am
    Scheduled Publication Date: 12/31/2019
    Agency: Federal Aviation Administration
    Document Type: Proposed Rule
    Pages: 319
    Document Number: 2019-28100 -------------------------------------------------------------

    https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-28100.pdf

    1
    BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION
    Federal Aviation Administration
    14 CFR Parts 1, 47, 48, 89, 91, and 107
    [Docket No.: FAA-2019-1100; Notice No. 20-01]
    RIN 2120–AL31
    Remote Identification of Unmanned Aircraft Systems
    AGENCY: Federal Aviation Administration (FAA), Department of
    Transportation (DOT).
    ACTION: Notice of proposed rulemaking.
    SUMMARY: This action would require the remote identification of
    unmanned aircraft systems.
    The remote identification of unmanned aircraft systems in the airspace
    of the United States
    would address safety, national security, and law enforcement concerns
    regarding the further
    integration of these aircraft into the airspace of the United States
    while also enabling greater
    operational capabilities.
    DATES: Send comments on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
    ADDRESSES: Send comments identified by docket number FAA-2019-1100
    using any of the
    following methods:
    ? Federal eRulemaking Portal: Go to http://www.regulations.gov and
    follow the online
    instructions for sending your comments electronically.
    ? Mail: Send comments to Docket Operations, M-30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue, SE, Room W12-140, West
    Building Ground Floor, Washington, DC 20590-0001.
    This document is scheduled to be published in the
    Federal Register on 12/31/2019 and available online at https://federalregister.gov/d/2019-28100, and on govinfo.gov
    2
    ? Hand Delivery or Courier: Take comments to Docket Operations in Room
    W12-140
    of the West Building Ground Floor at 1200 New Jersey Avenue, SE,
    Washington,
    DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
    holidays.
    ? Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
    from the public to better
    inform its rulemaking process. DOT posts these comments, without edit, including any personal
    information the commenter provides, to http://www.regulations.gov.
    Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions
    for accessing the docket
    or go to Docket Operations in Room W12-140 of the West Building Ground
    Floor at 1200 New
    Jersey Avenue, SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
    through Friday, except
    Federal holidays.
    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; email:
    UASRemoteID@faa.gov.
    SUPPLEMENTARY INFORMATION:
    Table of Contents
    I. Executive Summary
    A. Introduction and Overview
    B. Purpose of the Regulatory Action
    C. Summary of the Proposed Rule
    D. Summary of Costs and Benefits
    E. Structure of this Proposed Rule
    II. Authority for this Rulemaking
    III. Integration of UAS into the Airspace of the United States
    IV. Need for Remote Identification of UAS Operating in the Airspace of
    the United States
    3
    A. Maintaining the Safety and Efficiency of the Airspace of the United
    States
    B. Unmanned Aircraft Systems Traffic Management (UTM)
    C. Facilitating Beyond Visual Line of Sight Operations
    D. National Security and Law Enforcement Efforts
    V. Related International Activities
    VI. Aviation Rulemaking Committee
    A. ARC Recommendations Final Report
    B. FAA Response to ARC Report
    VII. Terms Used in this Proposed Rule
    VIII. Applicability of Remote Identification Requirements
    IX. Changes to Registration Requirements
    A. Registration under Part 47
    B. Registration under Part 48
    C. Issues with the Current Registration Requirements and Proposed
    Changes
    D. Proposed Changes to the Registration Requirements to Require a
    Serial Number and
    Telephone Number as Part of the Registration Process
    E. Request for Comments Regarding Serial Number Requirements
    F. Serial Number Marking
    X. Operating Requirements for Remote Identification
    A. Requirement to Broadcast or Transmit
    B. Prohibition from Using ADS-B to Satisfy Remote Identification
    Requirements
    C. Internet Availability and Transmission to a Remote ID USS
    D. In-flight Loss of Connectivity with a Remote ID USS or Loss of
    Functionality
    E. Valid Declaration of Compliance
    F. Foreign Registered Civil Unmanned Aircraft Operated in the United
    States
    G. Example Operating Scenarios
    XI. Law Enforcement Access to Remote Identification and Registration Information
    XII. Means of Compliance
    A. Introduction
    B. Applicability
    C. Remote Identification Message Elements
    D. Minimum Performance Requirements
    E. Other Performance Requirements Considered
    F. Submission and FAA Acceptance of Means of Compliance
    G. Rescission of a Means of Compliance
    4
    H. Record Retention Requirements
    XIII. Design and Production Requirements
    A. Applicability and Summary of Requirements
    B. Requirement to Issue Serial Numbers
    C. Requirement to Label UAS
    D. Requirement for a UAS to Be Designed and Produced Using an
    FAA-Accepted Means of
    Compliance
    E. Requirement to Submit a Declaration of Compliance
    F. Accountability
    XIV. Remote Identification UAS Service Suppliers
    A. UAS Service Suppliers (USS)
    B. Remote ID USS
    C. Data Privacy and Information Security
    XV. FAA-Recognized Identification Areas
    A. Eligibility
    B. Process to Request an FAA-Recognized Identification Area
    C. Amendment
    D. Duration of an FAA-Recognized Identification Area
    E. Expiration and Termination
    F. Petition to Reconsider the FAA’s Decision to Terminate and
    FAA-Recognized
    Identification Area
    XVI. Use of ADS-B Out and Transponders
    XVII. Proposed Effective and Compliance Dates
    XVIII. Proposed Guidance Documents
    XIX. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
    XX. Executive Order Determinations
    A. Executive Order 13132, Federalism
    5
    B. Executive Order 13211, Regulations that Significantly Affect Energy
    Supply, Distribution,
    or Use
    C. Executive Order 13609, Promoting International Regulatory
    Cooperation
    XXI. Tribal Considerations
    XXII. Privacy
    XXIII. Additional Information
    A. Comments Invited
    B. Confidential Business Information
    C. Availability of Rulemaking Documents
    D. Small Business Regulatory Enforcement Fairness Act
    6
    List of Abbreviations Frequently Used in this Document
    AC – Advisory Circular
    ADS-B – Automatic Dependent Surveillance-Broadcast
    ARC – Aviation Rulemaking Committee
    ATC – Air traffic control
    BVLOS – Beyond visual line of sight
    DOT – U.S. Department of Transportation
    FAA – Federal Aviation Administration
    GPS – Global Positioning System
    ICAO – International Civil Aviation Organization
    IFR – Instrument flight rules
    MOA – Memorandum of Agreement
    OMB – Office of Management and Budget
    UAS – Unmanned aircraft system
    USS – UAS service supplier
    UTM – Unmanned aircraft systems traffic management
    7
    I. Executive Summary
    A. Introduction and Overview
    This proposed rule would establish requirements for the remote
    identification of
    unmanned aircraft systems (UAS)1
    operated in the airspace of the United States. Remote
    identification (or Remote ID) is the ability of an unmanned aircraft
    in flight to provide certain
    identification and location information that people on the ground and
    other airspace users can
    receive. This is an important building block in the unmanned traffic
    management ecosystem. For
    example, the ability to identify and locate UAS operating in the
    airspace of the United States
    provides additional situational awareness to manned and unmanned
    aircraft. This will become
    even more important as the number of UAS operations in all classes of
    airspace increases. In
    addition, the ability to identify and locate UAS provides critical
    information to law enforcement
    and other officials charged with ensuring public safety. While remote identification alone will
    not enable routine expanded operations such as operations over people
    or beyond visual line of
    sight, it is a critical element for building unmanned traffic
    management capabilities. The FAA
    envisions that the remote identification network will form the
    foundation for the development of
    other technologies that can enable expanded operations.
    Full implementation of remote identification relies on three
    interdependent parts that are
    being developed concurrently. The first is this proposed rule, which establishes operating
    requirements for UAS operators and performance-based design and
    production standards for

    1 The FAA does not use the terms unmanned aircraft system and unmanned
    aircraft interchangeably. The FAA uses
    the term unmanned aircraft as defined in 14 CFR 1.1 to refer
    specifically to the unmanned aircraft itself. The FAA
    uses the term unmanned aircraft system to refer to both the unmanned
    aircraft and any communication links and
    components that control the unmanned aircraft. As explained in section
    VII of this proposed rule, the FAA is
    proposing to add the definition of unmanned aircraft system to part 1
    of 14 CFR.
    8
    producers of UAS. The second is a network of Remote ID UAS Service
    Suppliers (Remote ID
    USS) that would collect the identification and location in real-time
    from in-flight UAS. The
    Remote ID USS would perform this service under contract with the FAA,
    based on the same
    model the FAA currently uses for the Low Altitude Authorization and Notification Capability
    (LAANC).2
    The third part of the remote identification ecosystem is the
    collection of technical
    requirements that standards-setting organizations will develop to meet
    the performance-based
    design and production requirements in this proposed rule.
    All UAS operating in the airspace of the United States, with very few exceptions, would
    be subject to the requirements of this rule. All UAS operators would
    be required to comply
    regardless of whether they conduct recreational or commercial
    operations, except those flying
    UAS that are not otherwise required to be registered under the FAA’s
    existing rules. All UAS
    produced for operation in the airspace of the United States would have
    to comply with the design
    and production requirements established in this proposal with
    exceptions for amateur-built UAS,
    UAS of the United States government, and unmanned aircraft that weigh
    less than 0.55 pounds.
    This proposal establishes design and production requirements for two
    categories of
    remote identification: standard remote identification UAS and limited
    remote identification
    UAS. Standard remote identification UAS would be required to broadcast identification and
    location information directly from the unmanned aircraft and
    simultaneously transmit that same
    information to a Remote ID USS through an internet connection. Limited
    remote identification
    UAS would be required to transmit information through the internet
    only, with no broadcast

    2
    For more information on LAANC, consult https://www.faa.gov/uas/programs_partnerships/data_exchange/. On
    December 20, 2018, the FAA issued a request for information (RFI)
    seeking data exchange strategies and
    demonstrations for potential Remote ID USS. For more information on
    the RFI, consult
    https://faaco.faa.gov/index.cfm/announcement/view/32514.
    9
    requirements; however, the unmanned aircraft would be designed to
    operate no more than 400
    feet from the control station. Under this proposal, the vast majority
    of UAS would be required to
    comply with one of these two categories of remote identification. For
    those limited exceptions,
    which include certain amateur-built UAS and UAS manufactured prior to
    the compliance date,
    operators flying UAS without remote identification capabilities would
    be permitted to fly only at
    certain specific geographic areas established under this rule
    specifically to accommodate them.
    This proposal envisions that within three years of the effective date
    of this rule, all UAS
    operating in the airspace of the United States will be compliant with
    the remote identification
    requirements. No UAS could be produced for operation in the United
    States after two years and
    no UAS could be operated after three years except in accordance with
    the requirements of this
    proposal. Details on the requirements and their applicability are in
    the sections that follow.
    B. Purpose of the Regulatory Action
    The FAA is integrating unmanned aircraft systems (UAS) operations into
    the airspace of
    the United States through a phased, incremental, and risk-based
    approach.
    3
    On June 28, 2016, the FAA achieved a major step towards UAS
    integration when it
    published the final rule for Operation and Certification of Small
    Unmanned Aircraft Systems.4
    This was one of multiple UAS-related regulatory actions taken by the
    FAA to enable the safe
    integration of UAS into the airspace of the United States. As
    technology progresses and the
    utility of UAS increases, the FAA anticipates a need for further
    rulemaking to continue to foster
    the safe, secure, and efficient use of the airspace of the United
    States. The FAA believes that the

    3 Consult https://www.faa.gov/uas for additional information regarding
    UAS operations.
    4
    81 FR 42064.
    10
    next step in the regulatory process is to develop regulatory
    requirements that enable the remote
    identification of UAS operating in the airspace of the United States.
    The remote identification of UAS is necessary to ensure public safety
    and the safety and
    efficiency of the airspace of the United States. The remote
    identification framework would
    provide UAS-specific data, which could be used in tandem with new
    technologies and
    infrastructure to facilitate future, more advanced operational
    capabilities (such as
    detect-and-avoid and aircraft-to-aircraft communications that support
    beyond visual line of sight
    operations) and to develop the necessary elements for comprehensive
    UAS traffic management
    (UTM). Furthermore, remote identification of UAS would provide
    airspace awareness to the
    FAA, national security agencies, and law enforcement entities. This
    information could be used to
    distinguish compliant airspace users from those potentially posing a
    safety or security risk.
    Current rules for registration and marking of unmanned aircraft
    facilitate the
    identification of the owners of unmanned aircraft, but normally only
    upon physical examination
    of the aircraft. Existing electronic surveillance technologies like transponders and Automatic
    Dependent Surveillance-Broadcast (ADS-B), in addition to radio
    communications with air traffic
    control (ATC), were all considered as potential solutions for the
    remote identification of UAS
    but were determined to be unsuitable due to the lack of infrastructure
    for these technologies at
    lower altitudes and the potential saturation of available radio
    frequency spectrum. The FAA
    proposes to address the identification issues associated with UAS by
    requiring the use of new
    services and technology to enable the remote identification of UAS.
    The proposed remote identification requirements are consistent with
    the FAA’s safety
    mission of overseeing and promoting safety in air commerce and
    national security as well as
    promoting the safe and efficient use of the navigable airspace. The newly-available information
    11
    would serve the public interest of enhancing safety, efficiency, and
    security in air commerce by
    creating situational awareness of all UAS flying in the airspace of
    the United States, which
    would allow additional and more complex UAS operations to take place.
    Remote identification
    would also strengthen the FAA’s oversight of UAS operations and
    support efforts of law
    enforcement and national security agencies to address and mitigate
    disruptive behavior and
    hazards, which may threaten the safety and security of the airspace of
    the United States, other
    UAS, manned aviation, and persons and property on the ground. Remote identification
    information provided in near real-time would also assist Federal
    security partners in threat
    discrimination—allowing them to identify an operator and make an
    informed decision regarding
    the need to take actions to mitigate a perceived security or safety
    risk. The proposed rule would
    enhance the FAA’s ability to monitor compliance with applicable
    regulations; would contribute
    to the FAA’s ability to undertake compliance, enforcement, and
    educational actions required to
    mitigate safety risks; and would advance the safe integration of UAS
    into the airspace of the
    United States.
    C. Summary of the Proposed Rule
    This proposed rule provides a framework for remote identification of
    all UAS operating
    in the airspace of the United States. The rule would facilitate the
    collection and storage of certain
    data such as identity, location, and altitude regarding an unmanned
    aircraft and its control
    station.
    The FAA is proposing to tie the remote identification requirements to
    the registration of
    unmanned aircraft because the FAA and law enforcement agencies have a
    need to correlate
    remote identification and registration data. The proposed rule would
    therefore impose operating
    requirements on persons operating unmanned aircraft registered or
    required to be registered
    12
    under title 14, Code of Federal Regulations (CFR), part 47 or part 48,
    and on persons operating
    foreign civil unmanned aircraft in the United States. The proposed
    rule would also impose
    requirements on persons applying for and using FAA-recognized
    identification areas (areas
    specifically recognized by the FAA where UAS without remote
    identification equipment could
    operate) and requirements for persons developing means of compliance
    (e.g., standards) that
    describe how a UAS would be designed and produced to meet the
    performance requirements
    proposed in this rule. Finally, the proposed rule would require
    persons designing and producing
    UAS with remote identification for operations in the United States to
    produce them using an
    FAA-accepted means of compliance.
    UAS owners, UAS operators (including pilots, remote pilots,
    recreational flyers, and
    other persons manipulating the flight controls of UAS), UAS designers
    and producers,
    developers of remote identification means of compliance, and Remote Identification UAS
    Service Suppliers (Remote ID USS) would have important roles in the
    remote identification of
    UAS. The subsections that follow describe the roles and
    responsibilities of each of these groups
    within the scope of the proposed rule.
    1. UAS Owners
    The FAA proposes to revise the registration requirements to require
    all owners of
    unmanned aircraft to register each unmanned aircraft individually when registering under
    part 48. Furthermore, the owners of standard or limited remote
    identification unmanned aircraft
    would have to provide the serial number of all unmanned aircraft
    registered under part 47 or
    part 48, on or before the 36th month after the effective date of the
    final rule. The serial number
    would establish the unique identity of the unmanned aircraft. The
    serial number provided during
    13
    registration or re-registration would have to be issued by the
    producer of the unmanned aircraft
    and comply with the ANSI/CTA-2063-A serial number standard.
    Owners of unmanned aircraft used exclusively for limited recreational operations5 who
    currently register multiple aircraft under a single registration
    number would be required to
    register each aircraft, individually by manufacturer, model, and, if
    the unmanned aircraft is a
    standard or limited remote identification unmanned aircraft, the
    aircraft’s serial number, on or
    before the 36th month after the effective date of the final rule. The
    owners of small unmanned
    aircraft registered after the effective date of the final rule would
    have to comply with the new
    registration requirements prior to the operation of the unmanned
    aircraft.
    The registration requirements are discussed in section IX of this
    preamble.
    2. UAS Operators
    i. Remote Identification Operating Requirements
    Under the proposed rule, a person operating a UAS in the airspace of
    the United States
    would have to meet the remote identification requirements in one of
    three ways, depending upon
    the capabilities of the UAS, on or before the 36th month after the
    effective date of the final rule.
    a. Standard Remote Identification UAS
    For purposes of this proposed rule, a “standard remote identification
    UAS” is a UAS with
    remote identification equipment capable of both: (1) connecting to the
    internet and transmitting

    5 This proposal uses the term “limited recreational operations” when
    discussing current registration requirements
    under part 48. Part 48 uses the term “model aircraft” to describe
    recreational UAS operations. The FAA considers
    that model aircraft under part 48 are consistent with the “limited
    recreational operations” described in
    49 U.S.C. 44809, therefore “limited recreational operations” has been
    used throughout to ensure consistency of
    terminology with current statutory requirements.
    14
    through that internet connection to a Remote ID USS; and (2)
    broadcasting directly from the
    unmanned aircraft. Standard remote identification UAS are discussed
    further in section X.A.1 of
    this preamble. Any person operating a standard remote identification
    UAS would be required to
    ensure:
    ? The UAS was designed and produced to meet the minimum performance requirements of
    the rule using an FAA-accepted means of compliance for standard remote identification
    UAS. Persons would be able to meet this obligation by ensuring that
    the serial number of
    the standard remote identification UAS is listed on an FAA-accepted
    declaration of
    compliance. A person operating a UAS would be able to read the label
    on the aircraft
    indicating whether the UAS is a standard or limited remote
    identification UAS.
    Additionally, a person could determine whether the UAS is listed on an FAA-accepted
    declaration of compliance by verifying the status on the FAA’s
    website. The standard
    remote identification UAS broadcasts the remote identification message
    elements directly
    from the unmanned aircraft from takeoff to landing.
    ? When the internet is available at takeoff, the standard remote
    identification UAS connects
    to the internet and transmits the required message elements through
    that internet
    connection to a Remote ID USS.
    The required message elements include, among others, a UAS
    Identification to establish
    the unique identity of the UAS. Operators would have to choose whether
    to use the serial number
    of the unmanned aircraft or a session ID (e.g., a randomly-generated alphanumeric code assigned
    by a Remote ID USS on a per-flight basis designed to provide
    additional privacy to the operator)
    as the UAS Identification. The required message elements are discussed
    in section XII.C of this
    preamble.
    15
    A person could operate a standard remote identification UAS only if:
    (1) it has a serial
    number that is listed on an FAA-accepted declaration of compliance;
    (2) its remote identification
    equipment is functional and complies with the requirements of the
    proposed rule from takeoff to
    landing; and (3) its remote identification equipment and functionality
    have not been disabled.
    b. Limited Remote Identification UAS
    For purposes of this proposed rule, a “limited remote identification
    UAS” is a UAS that:
    (1) is designed and produced to restrict operation to no more than 400
    feet from its control
    station; (2) is capable of connecting to the internet and transmitting
    the remote identification
    message elements through that internet connection to a Remote ID USS;
    and (3) cannot
    broadcast remote identification message elements. Limited remote
    identification UAS are
    discussed further in section X.A.2 of this preamble. Persons operating
    a limited remote
    identification UAS would be required to operate within visual line of
    sight and ensure that:
    ? The UAS was designed and produced to meet the minimum performance requirements of
    the rule using an FAA-accepted means of compliance for a limited
    remote identification
    UAS. Persons would be able to meet this obligation by ensuring that
    the serial number of
    the limited remote identification UAS is listed on an FAA-accepted
    declaration of
    compliance. Additionally, a person could determine whether the UAS is
    listed on an
    FAA-accepted declaration of compliance by verifying the status on the
    FAA’s website.
    ? From takeoff to landing, the limited remote identification UAS
    connects to the internet
    and transmits the required remote identification message elements
    through that internet
    connection to a Remote ID USS.
    16
    The required message elements would include, among others, a UAS
    Identification to
    establish the unique identity of the UAS. Operators would have to
    choose whether to use the
    unmanned aircraft’s serial number or a session ID assigned by a Remote
    ID USS as the UAS
    Identification. The required message elements are discussed in section
    XII.C of this preamble.
    A person could operate a limited remote identification UAS only if:
    (1) it has a serial
    number that is listed on an FAA-accepted declaration of compliance;
    (2) its remote identification
    equipment is functional and complies with the requirements of the
    proposed rule from takeoff to
    landing; and (3) its remote identification equipment and functionality
    have not been disabled.
    Examples of the use of limited remoted identification UAS are further
    discussed in section X.G
    of this preamble.
    c. UAS without Remote Identification Equipment
    Under the proposed rule, the vast majority of UAS would be required to
    have remote
    identification capability, however as discussed in section X. A. 3, a
    limited number of UAS
    would continue to not have remote identification. The FAA envisions
    that upon full
    implementation of this rule, no unmanned aircraft weighing more than
    0.55 pounds will be
    commercially available that is not either a standard remote
    identification UAS or a limited
    remote identification UAS. However, there will be certain UAS
    including amateur built aircraft
    and previously manufactured UAS that might not have remote
    identification capability. A person
    operating a UAS without remote identification equipment would always
    be required to operate
    within visual line of sight6
    and within an FAA-recognized identification area. Under the

    6 While this proposed rule does not propose any changes to
    requirements related to beyond visual line of sight
    (BVLOS) operations, the FAA intends for the rule to be dynamic to
    account for future changes related to line of
    17
    proposed rule, an FAA-recognized identification area is a defined
    geographic area where UAS
    without remote identification can operate. An area would be eligible
    for establishment as an
    FAA-recognized identification area if it is a flying site that has
    been established within the
    programming of a community based organization recognized by the
    Administrator. The FAA
    would maintain a list of FAA-recognized identification areas at https://www.faa.gov. FAArecognized identification areas are discussed
    further in section XV of this preamble.
    ii. Prohibition against the Use of ADS-B Out and Transponders
    The proposed rule also prohibits use of ADS-B Out and transponders for
    UAS operations
    under 14 CFR part 107 and part 91 unless otherwise authorized by the
    FAA. The FAA is
    concerned that the potential proliferation of ADS-B Out transmitters
    on UAS may negatively
    affect the safe operation of manned aircraft in the airspace of the
    United States. The projected
    numbers of UAS operations have the potential to saturate available
    ADS-B frequencies, affecting
    ADS-B capabilities for manned aircraft and potentially blinding ADS-B
    ground receivers. The
    FAA is therefore proposing that UAS operators, with limited
    exceptions, be prohibited from
    using ADS-B Out or transponders. The prohibition against the use of
    ADS-B Out and
    transponders is discussed in Section XVI of this preamble.
    3. UAS Designers and Producers
    For each UAS designed or produced for operation in the United States,
    the person
    responsible for the design or production of the unmanned aircraft
    system (with limited
    exceptions included in the proposal) would be required to design or
    produce the UAS in

    sight operations. The FAA specifically notes that this rulemaking
    requires UAS without remote identification
    equipment to always be operated within line of sight.
    18
    accordance with the performance requirements for a standard remote identification UAS or

    [continued in next message]

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)