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enabling greater operational capabilities,” the agency said in the “unpublished” version of the NPRM (PDF)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An unpublished Proposed Rule by the Federal Aviation Administration on 12/31/2019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This document is unpublished.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
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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
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