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limited remote identification UAS using an FAA-accepted means of
compliance for remote
identification on or before the 24th month after the effective date of
the final rule.
A person responsible for the production of UAS (with limited
exceptions) would be
required to:
? Issue each unmanned aircraft a serial number that complies with the ANSI/CTA2063-A serial number standard.
? Label the unmanned aircraft to indicate that it is remote
identification compliant and
indicate whether the UAS is standard remote identification or limited
remote
identification.
? Submit a declaration of compliance for acceptance by the FAA,
declaring that the
UAS complies with the requirements of the proposed rule.
The FAA could ask the person responsible for the production of the UAS
to submit
additional information or documentation, as needed, to supplement a
declaration of compliance.
The FAA would notify the submitter of its acceptance of a declaration
of compliance. The FAA
would also provide a list of accepted declarations of compliance at https://www.faa.gov.
A person that submits a declaration of compliance would be required to
retain certain
data for as long as the UAS listed on that declaration of compliance
is produced plus an
additional 24 calendar months. If the FAA rescinds its acceptance of a declaration of compliance,
the submitter of the FAA-accepted declaration of compliance or any
person adversely affected
by the rescission of the Administrator’s acceptance of the declaration
of compliance may petition
19
the FAA to reconsider the rescission by submitting a request for reconsideration to the FAA
within 60 calendar days of publication in the Federal Register of a
notice of rescission.
4. Developers of Remote Identification Means of Compliance
Means of compliance, as discussed in section XII of this preamble, are developed by
persons or organizations to describe methods by which a person
designing or producing a UAS
with remote identification may comply with the performance
requirements of this proposed rule.
Under the proposed rule, a means of compliance would have to be
accepted by the FAA before it
could be used for the design and production of UAS with remote
identification. A person or
entity seeking acceptance by the FAA of a means of compliance for UAS
with remote
identification equipment would be required to submit the means of
compliance to the FAA. The
FAA would review the means of compliance to determine if it meets the
minimum performance
requirements, and testing and validation procedures of the proposed
rule. Specifically, the person
or entity would have to submit a detailed description of the means of compliance, a justification
for how the means of compliance meets the minimum performance
requirements of the proposed
rule, and any substantiating material the person or entity wishes the
FAA to consider as part of
the application. The minimum performance requirements, and testing and validation procedures,
are discussed in sections XII.D and XII.F of this preamble. A person
or entity who submits a
means of compliance that is accepted by the FAA would have to retain
certain data for as long as
the means of compliance is accepted plus an additional 24 calendar
months.
The FAA would indicate acceptance of a means of compliance by
notifying the submitter
of the acceptance of the proposed means of compliance. The FAA also
expects to notify the
public that it has accepted the means of compliance by including it on
a list of accepted means of
20
compliance at https://www.faa.gov. The FAA would not disclose
commercially valuable
information in this document.
5. Remote ID USS
The proposed rule would require persons operating UAS with remote identification to
transmit the remote identification message elements to a Remote ID USS
over the internet. A
Remote ID USS would be a service provider qualified by the
Administrator to provide remote
identification services to UAS. Each Remote ID USS would be required
to establish a
contractual relationship with the FAA through a Memorandum of
Agreement (MOA) entered
into under the FAA’s “other transaction authority” under 49 U.S.C.
106(l) and (m), and to
comply with a series of terms, conditions, limitations, and technical requirements that outline
how the Remote ID USS must interpret and provide data to external
users, as well as store and
protect such data. The Remote ID USS would also be contractually
required to meet quality-ofservice metrics that would establish the
minimum requirements for providing remote
identification services, including availability of the service and
what happens when various
failures occur. To implement remote identification, the FAA
anticipates establishing a
cooperative data exchange mechanism between the FAA and Remote ID USS,
as discussed in
section XIV of this preamble.
Remote ID USS would be required to demonstrate four primary
capabilities: (1) the
ability to share the remote identification message elements in near
real-time with the FAA upon
request; (2) the ability to maintain remote identification information
securely and to limit access
to such information; (3) the ability to meet contractually-established technical parameters; and
(4) the ability to inform the FAA when their services are active and
inactive. Another capability
of a Remote ID USS may be to generate and provide UAS operators with a
UAS Identification
21
known as a session ID. A session ID would be a randomly-generated
alphanumeric code that is
used only for one flight. UAS operators would have the option to use a
Session ID to identify the
UAS instead of the serial number, to provide a greater level of
privacy. This capability would be
defined in the technical requirements agreed to in the MOA.
To become an FAA-qualified Remote ID USS, a prospective Remote ID USS
would
enter into an MOA with the FAA, demonstrate it meets the technical requirements, and
successfully test the end-to-end system and connections. Prospective
Remote ID USS would also
be reviewed for consistency with national security and cybersecurity requirements and export
administration regulations. FAA-qualified Remote ID USS would be
subject to ongoing FAA
review to ensure compliance and quality-of-service.
6. Table of Major Provisions
Table 1 provides a summary of the major provisions of this proposed
rule.
Table 1: Summary of Major Provisions
ISSUE PROPOSED REQUIREMENT CFR
SECTION
Registration Requirements
Individual registration of
unmanned aircraft and
conforming changes
Requires the individual registration of all unmanned aircraft
registered
under part 48.
48.100
48.110
Requires each unmanned aircraft to be registered under a unique
registration number. Eliminates existing option to allow multiple
recreational unmanned aircraft to register under a single registration
number.
48.5
48.30
48.115
48.200
Serial numbers for
unmanned aircraft
The unmanned aircraft serial number provided as part of an application
for aircraft registration for a standard remote identification or
limited
remote identification unmanned aircraft would be the serial number
issued by the manufacturer in accordance with the requirements of part
89.
47.14
22
The owner of a small unmanned aircraft would have to include the
manufacturer and model name of the unmanned aircraft during the
registration or registration renewal process, and for any standard or
limited remote identification unmanned aircraft, the serial number
issued by the manufacturer.
48.100
Adds clarifying language for existing registration requirements for
part
107 operators.
48.15
Telephone number(s) for
applicant for registration
Requires telephone number(s) of applicant at time of registration.
48.100
Operating Requirements
Applicability of operating
requirements
The remote identification operating requirements would apply to: (1)
persons operating unmanned aircraft registered or required to be
registered under parts 47 or 48; and (2) persons operating foreign
civil
unmanned aircraft in the United States.
89.101
Remote identification
requirements generally
No person would be allowed to operate a UAS within the airspace of
the United States unless the operation is conducted under one of the
following: (1) the UAS is a standard remote identification UAS and
that person complies with the requirements of § 89.110; (2) the UAS is
a limited remote identification UAS and that person complies with the requirements of § 89.115; or (3) the UAS does not have remote
identification equipment and that person complies with the
requirements of § 89.120.
89.105
Standard remote
identification UAS
Remote identification:
If the internet is available at takeoff, the UAS would have to do the
following from takeoff to landing: (1) connect to the internet and
transmit the required remote identification message elements through
that internet connection to a Remote ID USS; and (2) broadcast the
message elements directly from the unmanned aircraft.
If the internet is unavailable at takeoff, or if during the flight,
the
unmanned aircraft can no longer transmit through an internet
connection to a Remote ID USS, the UAS would have to broadcast the
message elements directly from the unmanned aircraft from takeoff to
landing.
89.110
In-flight loss of broadcast capability:
A person manipulating the flight controls of a standard remote
identification UAS that can no longer broadcast the message elements
would have to land as soon as practicable.
Operation of standard remote identification UAS:
A person would be allowed to operate a standard remote identification
UAS only if it meets the following requirements: (1) its serial number
is listed on an FAA-accepted declaration of compliance; (2) its remote identification equipment is functional and complies with the
requirements of proposed part 89 from takeoff to landing; and (3) its
remote identification equipment and functionality have not been
disabled.
Limited remote Remote identification: 89.115
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identification UAS
The UAS would have to do the following from takeoff to landing: (1)
connect to the internet and transmit the required remote
identification
message elements through that internet connection to a Remote ID
USS; and (2) be operated within visual line of sight.
In-flight loss of remote identification:
A person manipulating the flight controls of a limited remote
identification UAS would have to land as soon as practicable when it
cannot transmit the message elements through an internet connection to
a Remote ID USS.
Operation of limited remote identification UAS:
A person would be allowed to operate a limited remote identification
UAS only if it meets the following requirements: (1) its serial number
is listed on an FAA-accepted declaration of compliance; (2) its remote identification equipment is functional and complies with the
requirements of proposed part 89 from takeoff to landing; and (3) its
remote identification equipment and functionality have not been
disabled.
UAS without remote
identification
The limited number of UAS that do not have remote identification
equipment would be allowed to operate within visual line of sight and
within an FAA-recognized identification area.
With authorization from the Administrator, a person may operate a
UAS that does not have remote identification for the purpose of
aeronautical research or to show compliance with regulations.
89.120
Transponder and
Automatic Dependent
Surveillance-Broadcast
(ADS-B) use
ADS-B Out equipment may not be used to comply with the remote
identification requirements.
89.125
ATC transponder and altitude- reporting equipment and use
requirements do not apply to persons operating UAS unless the
operation is conducted under a flight plan and the person operating
the
UAS maintains two-way radio communication with ATC, or the use of
a transponder is otherwise authorized by the Administrator.
91.215
No person would be allowed to operate a small UAS with a
transponder on, unless otherwise authorized by the Administrator.
107.52
ADS-B equipment and use requirements do not apply to persons
operating UAS unless the operation is conducted under a flight plan
and the person operating the UAS maintains two-way radio
communication with ATC, or the use of ADS-B Out is otherwise
authorized by the Administrator.
91.225
No person would be allowed to operate a small UAS with ADS-B Out
equipment in transmit mode, unless otherwise authorized by the
Administrator.
107.53
Confirmation of
identification for foreign
registered civil unmanned
aircraft operated in the
United States
No person would be allowed to operate a foreign registered civil
unmanned aircraft in the United States unless, prior to the operation,
the person submits a notice of identification that includes basic
information regarding the unmanned aircraft and the person
responsible for the operation.
89.130
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Record Retention The Administrator shall require any Remote ID USS to
retain any
remote identification message elements for 6 months from the date
when the remote identification message elements are received or
otherwise come into the possession of the Remote ID USS.
89.135
FAA-recognized identification areas
Applicability Prescribes procedural requirements to establish an
FAA-recognized
identification area.
89.201
Eligibility Only a community based organization (CBO) recognized by
the
Administrator would be allowed to apply for the establishment of an FAA-recognized identification area.
89.205
Requests for establishment Application:
A CBO requesting establishment of an FAA-recognized identification
area would have to submit an application within 12 calendar months
from the effective date of the final rule. The FAA will not consider
any
applications submitted after that date.
89.210
Required documentation:
A request for establishment of an FAA-recognized identification area
would have to contain the following information:
? Name of the CBO making the request.
? Declaration that the person making the request has the authority to
act on behalf of the CBO.
? Name and contact information, including telephone number(s), of
the primary point of contact for communications with the FAA.
? Physical address of the proposed FAA-recognized identification
area.
? Latitude and longitude coordinates delineating the geographic
boundaries of the proposed FAA-recognized identification area.
? If applicable, a copy of any existing letter of agreement regarding
the flying site.
89.210
Approval of an FAA-recognized identification area:
FAA would approve or deny applications for FAA-recognized
identification areas, and may take into consideration matters
including
but not limited to: the effects on existing or contemplated airspace
capacity, critical infrastructure, existing or proposed manmade
objects,
natural objects, or the existing use of the land, within or close to
the
proposed FAA-recognized identification area; the safe and efficient
use
of airspace by other aircraft; and the safety and security of persons
or
property on the ground.
89.215
Amendment:
Any change to the information submitted in the application for
establishment of an FAA-recognized identification area would have to
be submitted to the FAA within ten calendar days of the change. Such information includes, but would not be limited to, a change to the
point
of contact for the FAA-recognized identification area, or a change to
the community based organization’s affiliation with the FAA89.220
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recognized identification area.
If the community based organization wishes to change the geographic
boundaries of the FAA-recognized identification area, the organization
must submit the request to the FAA for review. The geographic
boundaries of the FAA-recognized identification area will not change
until they have been approved or denied in accordance with § 89.215.
Duration of an FAA-recognized identification area:
An FAA-recognized identification area would be in effect for 48
calendar months after the date the FAA approves the request for
establishment of an FAA-recognized identification area.
89.225
Renewal:
A request for renewal would have to be submitted 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 of the FAA-recognized
identification area.
89.225
Expiration and termination Expiration:
Unless renewed, an FAA-recognized identification area would be
automatically cancelled and have no further force or effect as of the
day immediately after its expiration date.
89.230
Termination prior to expiration (by request):
A CBO may submit a request to the Administrator to terminate an
FAA-recognized identification area. Once an FAA-recognized
identification area is terminated, that CBO may not reapply to have
that
flying site reestablished as an FAA-recognized identification area.
Termination by FAA:
FAA would be able to terminate an FAA-recognized identification area
for cause or upon a finding that the FAA-recognized identification
area
could pose a risk to aviation safety, public safety, or national
security
or that the person who submitted a request for establishment of an FAA-recognized identification area provided false or misleading
information during the submission process.
Once an FAA-recognized identification area is terminated, that CBO
may not reapply to have that flying site reestablished as an
FAArecognized identification area.
Petition to reconsider the FAA’s decision to terminate an FAA
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recognized identification area:
A CBO whose FAA-recognized identification area has been terminated
by the FAA would be able to petition for reconsideration by submitting
a request for reconsideration and establishing the grounds for such reconsideration within 30 calendar days of the date of issuance of the termination.
Requirements for UAS with Remote Identification
Applicability Prescribes the minimum message elements set and minimum performance requirements for standard remote identification UAS and
limited remote identification UAS.
89.301
Message elements
broadcast and transmitted
by standard remote
identification UAS
Standard remote identification UAS would have to broadcast and
transmit the following remote identification message elements:
? The identity of the UAS consisting of one of the following:
o The serial number assigned to the unmanned aircraft by the
producer.
o Session ID assigned by a Remote ID USS.
? An indication of the latitude and longitude of the control station
and unmanned aircraft.
? An indication of the barometric pressure altitude of the control
station and unmanned aircraft.
? A Coordinated Universal Time (UTC) time mark.
? An indication of the emergency status of the UAS, which could
include lost-link or downed aircraft.
89.305
Minimum performance
requirements for standard
remote identification UAS
Standard remote identification UAS would have to meet minimum
performance requirements related to the following:
? Control station and unmanned aircraft location.
? Automatic Remote ID USS connection.
? Time mark.
? Self-testing and monitoring.
? Tamper resistance.
? Connectivity.
? Error correction.
? Interference considerations.
? Message transmission requirements for broadcast and Remote ID
USS transmission.
? Message elements performance requirements for broadcast and
Remote ID USS transmission.
? Cybersecurity.
89.310
Message elements
transmitted by limited
remote identification UAS
Limited remote identification UAS would have to transmit the
following remote identification message elements:
? The identity of the UAS consisting of one of the following:
o The serial number assigned to the unmanned aircraft by its
producer.
o Session ID assigned by a Remote ID USS.
? An indication of the latitude and longitude of the control station.
? An indication of the barometric pressure altitude of the control
station.
? A Coordinated Universal Time (UTC) time mark.
? An indication of the emergency status of the UAS, which could
include lost-link or downed aircraft.
89.315
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Minimum performance
requirements for limited
remote identification UAS
Limited remote identification UAS would have to meet minimum
performance requirements related to the following:
? Control station location.
? Automatic Remote ID USS connection.
? Time mark.
? Self-testing and monitoring.
? Tamper resistance.
? Connectivity.
? Error correction.
? Interference considerations.
? Message transmission requirements for Remote ID USS
transmission.
? Message elements performance requirements for Remote ID USS
transmission.
? Cybersecurity.
? Range limitation.
? Broadcast limitation.
89.320
Means of Compliance
Applicability Prescribes the following:
? Requirements for means of compliance.
? Procedural requirements for the submission and acceptance of
means of compliance.
? Rules governing persons submitting means of compliance for FAA
acceptance.
89.401
Submitting a means of
compliance for FAA
acceptance
Any person would be able to submit a means of compliance for
acceptance by the FAA by submitting certain specified information to
the FAA in a form and manner acceptable to the Administrator.
A means of compliance would have to include testing and validation
procedures for persons designing and producing standard remote
identification UAS or limited remote identification UAS to
demonstrate through analysis, ground test, or flight test, as
appropriate,
how the standard remote identification UAS or limited remote
identification UAS performs its intended functions and meets the
requirements for UAS with remote identification.
89.405
Acceptance of a means of
compliance
A person requesting acceptance of a means of compliance would have
to demonstrate to the FAA that the means of compliance addresses all
applicable requirements and that any UAS with remote identification
designed and produced in accordance with such means of compliance
would meet the performance requirements of proposed part 89.
89.410
Rescission Rescission of FAA’s acceptance of a means of compliance:
FAA would be able to rescind its acceptance of a means of compliance
if it finds that the means of compliance does not meet any of the
applicable requirements for a means of compliance.
89.415
Record retention A person who submits a means of compliance that is
accepted by the
Administrator would have to retain certain specified data for as long
as
the means of compliance is accepted plus an additional 24 calendar
months.
89.420
Design and Production of UAS with Remote Identification
28
Applicability Applies to the design and production of UAS operating in
the United
States except for the design and production of the following (unless
they are standard remote identification UAS or limited remote
identification UAS, in which case they would have to comply with the
design and production requirements of the proposed rule):
? Amateur-built UAS.
? UAS of the United States Government.
? UAS where the unmanned aircraft weighs less than 0.55 pounds
including the weight of anything attached to or carried by the
aircraft.
? UAS produced for the purpose of aeronautical research or showing
compliance with regulations.
Prescribes the following:
? Requirements for design and production of UAS operating in the
United States.
? Procedural requirements for the submission and acceptance of
declarations of compliance.
? Rules governing persons holding FAA-accepted declarations of
compliance or operating UAS with remote identification.
89.501
Serial numbers Producers of UAS with remote identification would have
to issue each
unmanned aircraft a serial number that complies with ANSI/CTA2063-A.
89.505
Design and production
requirements
No person would be allowed to produce a UAS unless:
? The UAS is designed and produced to meet the minimum
performance requirements for standard remote identification UAS
or limited remote identification UAS using an FAA-accepted
means of compliance.
? The UAS meets the requirements of proposed subpart F.
? The FAA has accepted a declaration of compliance for that UAS.
Producers of UAS would have to:
? Allow the Administrator to inspect their facilities, technical data,
and any standard remote identification UAS or limited remote
identification UAS the person produces, and to witness any tests
necessary to determine compliance with subpart F.
? Perform independent audits on a recurring basis, and whenever the
FAA provides notice of noncompliance or of potential
noncompliance, to demonstrate the UAS listed under a declaration
of compliance meet the requirements of subpart F. The person
responsible for the production of standard remote identification
UAS or limited remote identification UAS must provide the results
of all such audits to the FAA upon request.
? Maintain product support and notification procedures to notify the
public and the FAA of any defect or condition that causes a UAS
to no longer meet the requirements of subpart F, within 15
calendar days of the date the person becomes aware of the defect
or condition.
89.510
Labeling Persons responsible for the production of UAS with remote identification would have to include a label on the UAS to indicate
that
it meets the remote identification requirements and whether the
unmanned aircraft system is a standard remote identification UAS or
limited remote identification UAS. The label would have to be in
89.515
29
English and be legible, prominent, and permanently affixed to the
unmanned aircraft.
Submission of declaration
of compliance for FAA
acceptance
The person responsible for the production of a UAS with remote
identification equipment would have to submit a declaration of
compliance for acceptance by the FAA. The declaration of compliance
would have to include certain specified information, including a
declaration that:
? The UAS was designed and produced using an FAA-accepted
means of compliance.
? The person responsible for the production of the UAS complies
with the requirements of § 89.510(b).
89.520
Acceptance of a
declaration of compliance
The FAA would notify the submitter of its decision to accept or reject
a
declaration of compliance
89.525
Rescission and
reconsideration
Rescission of FAA’s acceptance of a declaration of compliance:
The FAA would be able to rescind its acceptance of a declaration of
compliance if it determines any of the following: (1) a UAS with
remote identification listed under an FAA-accepted declaration of
compliance does not meet the applicable minimum performance
requirements; (2) an FAA-accepted declaration of compliance does not
meet any of the relevant requirements of proposed part 89; or (3) the
FAA rescinded its acceptance of the means of compliance listed in an FAA-accepted declaration of compliance.
If the FAA determines it is in the public interest, prior to
rescission, it
would be able to provide a reasonable period of time for the person
holding the declaration of compliance to remediate the noncompliance.
89.530
Petition for reconsideration:
The person who submitted the FAA-accepted declaration of
compliance or any person adversely affected by the rescission would
be able to petition for reconsideration within 60 days of the
rescission.
The petition would have to show that the petitioner is an interested
party and has been adversely affected by the rescission. The petition
would also have to demonstrate one of the following: (1) The
petitioner
has a significant additional fact not previously presented to the FAA;
(2) the Administrator made a material error of fact in the decision to
rescind its acceptance; or (3) that the Administrator did not
correctly
interpret a law, regulation, or precedent.
Record retention A person who submits a declaration of compliance that
is accepted by
the Administrator would have to retain certain specified data for as
long as the UAS listed on that declaration of compliance are produced
plus an additional 24 calendar months. That person would have to also
make certain information available for inspection by the FAA,
including: (1) the means of compliance, all documentation, and
substantiating data related to the means of compliance used; (2)
records
of all test results; and (3) any other information necessary to
demonstrate compliance with the means of compliance so that the UAS
meets the remote identification requirements and the design and
production requirements of this part.
89.535
Definitions and Abbreviations
30
Definitions ? Unmanned aircraft system
? UAS service supplier
? Visual line of sight
1.1
? Amateur-built unmanned aircraft system
? Broadcast
? Remote ID USS
89.1
Abbreviations ? USS means a UAS service supplier. 1.2
Falsification, Reproduction, Alteration, or Omission
Falsification, reproduction
or alteration
No person would be allowed to make or cause to be made any of the
following:
? Any fraudulent or intentionally false statement in any document
related to any acceptance, application, approval, authorization,
certificate, declaration, designation, qualification, record, report,
request for reconsideration, or similar, submitted under this part.
? Any fraudulent or intentionally false statement in any document
required to be developed, provided, kept, or used to show
compliance with any requirement under this part.
? Any reproduction or alteration, for fraudulent purpose, of any
document related to any acceptance, application, approval,
authorization, certificate, declaration, designation, qualification,
record, report, request for reconsideration, or similar, submitted or
granted under this part.
No person may conceal a material fact in:
? Any document related to any acceptance, application, approval,
authorization, certificate, declaration, designation, qualification,
record, report, request for reconsideration, or similar, submitted
under this part.
? Any document required to be developed, provided, kept, or used to
show compliance with any requirement under this part.
The commission of a prohibited act would result in:
? Suspension, rescission, or revocation of any acceptance,
application, approval, authorization, certificate, declaration,
declaration of compliance, designation, document, filing,
qualification, means of compliance, record, report, request for reconsideration, or similar instrument issued or granted by the
Administrator and held by that person.
? A civil penalty.
89.5
D. Summary of Costs and Benefits
This proposed rule would provide remote identification of UAS in the
airspace of the
United States to address safety, security, and law enforcement
concerns regarding the further
integration of these aircraft into the airspace of the United States
while also enabling greater
31
operational capabilities. This proposal would promote public safety
and the safety and efficiency
of the airspace of the United States. The remote identification
framework would provide
UAS-specific data, which may be used in tandem with new technologies
and infrastructure to
facilitate more advanced operational capabilities (such as
detect-and-avoid and aircraft-toaircraft 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 provides 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 fulfilling a
key requirement for law
enforcement and national security agencies charged with protecting
public safety.
This proposed rule would result in additional costs for persons
responsible for the
production of UAS, owners and operators of registered unmanned
aircraft, community based
organizations, Remote ID USS, and the FAA. This proposal would provide
cost savings for the
FAA and law enforcement resulting from a reduction in hours and
associated costs expended

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