• FAA Proposes Rule To Require Remote Identification Of Drones (5/19)

    From Larry Dighera@21:1/5 to All on Fri Dec 27 05:53:15 2019
    [continued from previous message]

    presented in the
    Recommendations Report, favoring instead a weight-based threshold for applicability, with
    remote identification and tracking requirements applying to any UAS or
    model aircraft weighing
    66
    250 grams or more. These members also argued that there should be no
    exemption from the
    remote identification and tracking requirements for unmanned aircraft
    operated in compliance
    with part 101 (i.e., model aircraft).47
    2. Method to Provide Remote ID and Tracking Information
    The ARC recommended two methods for UAS to provide remote
    identification and
    tracking information: (1) direct broadcast; and (2) network publishing
    to an FAA-approved
    internet-based database. With regard to direct broadcast capabilities,
    the ARC recommended the
    FAA adopt an industry standard for data transmission, which may need
    to be created, to ensure
    unmanned aircraft equipment and public safety receivers are
    interoperable, as public safety
    officials may not be able to equip with receivers for all possible
    direct broadcast technologies.
    With regard to network publishing, the ARC recommended that
    information held by Third Party
    Providers (TPP) or UAS Service Suppliers (USS) be governed by
    restrictive use conditions
    imposed on the TPP/USS related to the use and dissemination of any
    data and information
    collected.
    3. Tiered Approach to Remote ID and Tracking Requirements
    The ARC recommended the following tiered approach to direct broadcast
    and network
    publishing requirements:
    ? Tier 1 – Direct broadcast (locally) or Network publish: UAS in this
    tier would be
    required to direct broadcast both ID and tracking information so that
    any compatible
    receiver nearby can receive and decode the ID and tracking data. If a
    network is

    47 Section 336 of Public Law 112-95, the underlying authority for 14
    CFR part 101 Subpart E- Special Rule for
    Model Aircraft, was repealed by section 349 of the FAA Reauthorization
    Act of 2018, Public Law 115-254.
    67
    available, network publishing to an FAA-approved internet-based
    database satisfies
    this requirement. A UAS would fall into Tier 1 if it does not qualify
    for an exemption
    from remote identification and tracking requirements (exempt UAS are
    referred to as
    Tier 0) and does not meet the conditions for Tier 2 or Tier 3. For
    example UAS
    conducting most part 107 operations would fit into Tier 1.
    ? Tier 2 – Direct broadcast (locally) and Network publish: UAS in this
    tier would be
    required to broadcast (locally) ID and tracking data and network
    publish ID and
    tracking data to an FAA-approved internet-based database. An example
    of UAS that
    may fall into Tier 2 would be UAS that are conducting waivered
    operations that
    deviate from certain part 107 operating rules, and where the FAA
    determines that Tier
    2 ID and tracking are required as a condition of the waiver.
    ? Tier 3 – Flight under part 91 rules: UAS in this tier would have to
    adhere to the rules
    of manned aircraft as defined in 14 CFR part 91. This tier is intended
    for aircraft that
    are integrated into the manned aircraft airspace. An example of UAS
    that may fall
    into Tier 3 are those whose unmanned aircraft weighs above 55 pounds
    and operating
    BVLOS, in IFR conditions, or operating in controlled airspace.
    4. Stages of Implementation of Remote ID and Tracking Rule
    The ARC recommended the following three stages for implementing a
    remote
    identification and tracking rule:
    ? Pre-rule – Broaden UAS safety education efforts and continue the UAS detection
    pathway research with industry stakeholders.
    68
    ? Before final rule is enacted – Work to scope standards needed to
    enable direct
    broadcast and network publishing technologies for implementing the
    remote
    identification and tracking requirement on new equipment and existing equipment;
    ensure that standards for ID and tracking technology move forward at a
    rapid pace;
    and work closely with industry stakeholders on developing the ideal architecture for
    the PII System.48
    ? After final rule enacted – Allow a reasonable grace period to carry
    out retrofit of UAS
    manufactured and sold within the United States before the final rule
    (with grace
    period ending) when retrofit options are inexpensive and easy to
    implement.49
    5. Minimum Data Requirements for Remote ID and Tracking
    The ARC recommended a set of minimum data requirements for remote identification
    and tracking of UAS. Under the ARC’s recommendation, availability of
    the following types of
    data related to the unmanned aircraft or associated control station
    would be required: (1) unique
    identifier of the unmanned aircraft; (2) tracking information for the
    UAS; and (3) identifying
    information of the UAS owner and remote pilot. Availability of the
    following types of data
    related to the unmanned aircraft or associated control station would
    be optional: (1) mission type;
    (2) route data; and (3) operating status of the unmanned aircraft. The
    ARC also recommended
    that the specific data elements to be provided by the UAS operator
    should vary depending on the
    nature of the operation. Finally, the ARC recommended that some data
    elements be provided

    48 The ARC report defines “PII System” as follows: “PII System
    includes processes and technology (direct
    broadcast or network publishing) that enables approved users to
    associate UAS ID with the FAA System of Records.
    This system would include the database where remote
    pilot/owner/operator PII [personally identifiable information]
    is housed for access by authorized users.”
    49 The FAA notes that the ARC only discussed establishing a grace
    period for implementation of remote
    identification. The ARC did not discuss or address grandfathering of
    existing UAS.
    69
    prior to flight (e.g., via the internet), while other data elements be
    provided in real-time while the
    UAS is in flight.
    6. ATC Interoperability
    With respect to ATC interoperability with the remote identification
    and tracking system,
    the ARC recommended the following:
    ? The FAA should identify whether BVLOS operations would routinely
    occur without
    an IFR flight plan, and if so, under what operational conditions.
    ? Any proposal for using ADS-B frequencies in the solution for UAS ID
    and tracking
    would have to be analyzed for the impact on the performance of current
    and future
    Secondary Surveillance Radar (SSR), Airborne Collision Avoidance
    System (ACAS),
    and ADS-B.
    ? The UAS ID and tracking system should interoperate with the ATC
    automation such
    that target information from the ID and tracking ground system,
    including ID and
    position, can be passed to ATC automation.
    ? FAA automation should by default filter out UAS ID and tracking
    system targets
    from the ATC display that fall outside of adapted airspace deemed to
    be of interest to
    ATC.
    ? FAA automation and the UAS ID and tracking system should be able to
    display
    designated UAS targets of interest to ATC personnel.
    7. Airports and Critical Infrastructure
    The ARC recommended the FAA do the following related to airports and
    critical
    infrastructure:
    70
    ? Incorporate implementation costs of critical infrastructure
    facilities into rulemaking
    analysis.
    ? Identify an approach and timeline to designating approved
    technologies for airports
    and critical infrastructure facilities, and address any legal barriers
    to implementing
    approved technologies.
    ? Provide guidance to airports on any impact or interference to safe
    airport operations
    including how UAS ID and tracking may impact definition of UAS
    Facility Maps,
    security procedures, and risk assessments of UAS operations.
    8. Related Issues
    Finally, the ARC identified related issues it determined could have an
    impact on the
    implementation of effective UAS ID and tracking solutions, and
    recommended the following for
    FAA’s consideration:
    ? Access to data related to direct broadcast and network publishing –
    The FAA should
    implement three levels of access to the information that is either
    broadcast or
    captured and contained in the appropriate database: (1) information
    available to the
    public (the unmanned aircraft unique identifier); (2) information
    available to
    designated public safety and airspace management officials (personally identifiable
    information (PII)); and (3) information available to the FAA and
    certain identified
    Federal, State, and local agencies (all relevant tracking data).
    ? PII – The United States government should be the sole keeper of any
    PII collected or
    submitted in connection with new UAS ID and tracking requirements.
    71
    ? Governmental UAS Operations – The remote identification and tracking
    system
    should include reasonable accommodations to protect the operational
    security of
    certain governmental UAS operations.
    B. FAA Response to ARC Report
    The ARC was tasked with considering both identification and tracking
    of UAS; however,
    the ARC did not provide any specific recommendations related to
    tracking of UAS. The FAA
    has developed this proposed rule to require only the identification of
    UAS. Although the FAA is
    not proposing any requirements related to the use of remote
    identification information for
    tracking UAS, the FAA acknowledges that third parties could
    potentially track UAS operations
    in the airspace of the United States by developing systems that use
    information provided to
    Remote ID USS or through broadcasts. Similar third party applications
    exist today, such as
    FlightAware and Flightradar24, that track and display information
    about manned aircraft
    operations in the airspace of the United States.
    Although there was general agreement that certain UAS operations
    should be excluded
    from a remote identification requirement, the ARC did not reach
    consensus on the applicability
    of such a requirement. The ARC’s two recommended approaches would have
    provided for
    significant numbers of UAS without remote identification.50 The FAA
    believes that there is a

    50 The ARC recommended the following options:
    Option 1:
    Except for those members who strongly favor a weight-based threshold
    for applicability and those members who
    strongly oppose an exemption for model aircraft operated in compliance
    with 14 CFR part 101…, the ARC
    recommends that all UAS be required to comply with remote ID and
    tracking requirements except under the
    following circumstances:
    1. The unmanned aircraft is operated within visual line of sight of
    the remote pilot and is not designed to have the
    capability of flying beyond 400’ of the remote pilot.
    2. The unmanned aircraft is operated in compliance with 14 CFR part
    101, unless the unmanned aircraft:
    72
    need to identify as many UAS as possible because a comprehensive
    approach increases the
    usefulness of a remote identification system. Moreover, some of the
    ARC’s applicability
    recommendation hinged on whether the UAS in question would have
    certain sensor capabilities.
    After consideration, the FAA determined that the sensor capabilities
    of a particular UAS should
    not be a factor in determining whether the aircraft should have remote identification. UAS
    without sensor capabilities can still be operated in a manner that may
    pose a threat to public
    safety, national security, and the safety and efficiency of the
    airspace of the United States and
    therefore the FAA determined that this recommendation would not meet
    the objective of this
    proposed rule. Accordingly, the FAA is proposing that the majority of
    UAS should have remote
    identification, regardless of the sensors installed on the unmanned
    aircraft. However, the FAA
    acknowledges that remote identification is not necessary for certain
    UAS operations conducted
    in an FAA-recognized identification area.

    a. Is equipped with advanced flight systems technologies that enable
    the aircraft to navigate from one point to
    another without continuous input and direction from the remote pilot.
    b. Is equipped with a real-time downlinked remote sensor that provides
    the remote pilot the capability of navigating
    the aircraft beyond visual line of sight of the remote pilot.
    3. The UAS is operated under ATC and contains the equipment associated
    with such operations (including ADS-B,
    transponder, and communication with ATC).
    4. The UAS operation is exempt from ID and tracking requirements by
    the FAA (e.g., for the purposes of law
    enforcement, security or defense, or under an FAA waiver).
    Option 2:
    Except for those members who strongly favor a weight-based threshold
    for applicability…, the ARC recommends
    UAS with either of the following characteristics must comply with
    remote ID and tracking requirements:
    1. Ability of the aircraft to navigate between more than one point
    without direct and active control of the pilot.
    2. Range from control station greater than 400’ and real-time remotely
    viewable sensor.
    The ARC further recommends that UAS operating under the following
    circumstances be exempt from the remote ID
    and tracking requirement:
    • The UAS is operated under ATC and contains the equipment associated
    with such operations (including ADS-B,
    transponder, and communication with ATC).
    • The UAS operation is exempt from ID and tracking requirements by the
    FAA (e.g., for the purposes of law
    enforcement, security or defense, or under an FAA waiver).
    73
    The FAA acknowledges the dissenting opinion within the ARC regarding
    using weight as
    the sole determinant of whether an unmanned aircraft should be
    required to have remote
    identification. While an exclusion to any remote identification
    requirement based on weight or
    operational performance could make sense from a law enforcement and
    security perspective, the
    same cannot be said from the perspective of the overall safety of the
    airspace of the United
    States. Because remote identification could be used in the near term
    to provide situational
    awareness, and because remote identification would ultimately be a
    foundational element of a
    UTM system, it is important for most UAS operated in the airspace of
    the United States to
    comply with the remote identification requirements.
    The FAA does not believe that weight alone should be the determining
    factor for whether
    a UAS is required to comply with remote identification. UAS may be
    used in a wide variety of
    types of operations that may present a range of safety and security
    risks, regardless of the weight
    of the unmanned aircraft. The FAA believes that the remote
    identification requirement should be
    tied to the unmanned aircraft registration requirement because the
    FAA, national security
    agencies, and law enforcement agencies have a need to correlate remote identification and
    registration data. If an unmanned aircraft is required to be
    registered, or its owner chooses to
    register the unmanned aircraft, then the UAS would have to comply with
    remote identification.
    Accordingly, under current regulations unmanned aircraft weighing less
    than 0.55 pounds would
    not be required to comply with the remote identification requirements
    unless they are registered
    under part 47 or part 48 (e.g., to comply with the operating
    requirements of part 91 or part 107).
    Changes to the registration requirements in part 47 or part 48 (e.g.,
    to require unmanned aircraft
    weighting less than 0.55 pounds to register) would have a direct
    impact on which UAS would
    have to comply with remote identification.
    74
    The FAA does not agree with the recommendation that model aircraft,
    referred to
    throughout this proposal as limited recreational operations for
    consistency with 49 U.S.C. 44809,
    should be excluded from the remote identification requirements.
    Unmanned aircraft used in
    limited recreational operations required to register under part 47 or
    part 48 would be subject to
    the proposed remote identification requirement. The agency is,
    however, proposing a means for
    such aircraft to operate without remote identification equipment.
    Under the proposed rule, UAS
    would be permitted to operate without remote identification equipment
    if they are operated
    within visual line of sight and within an FAA-recognized
    identification area.
    The FAA agrees with the ARC’s recommendation for the methods of
    transmission for the
    remote identification message elements. The FAA agrees that requiring
    the broadcasting of
    messages directly from the unmanned aircraft and the transmission of
    messages over the internet
    is an appropriate approach because it provides a more complete picture
    of unmanned aircraft in
    the airspace of the United States. Moreover, this would support the
    development of UTM. Thus,
    the FAA proposes to require both the broadcast of the message elements
    and their transmission
    through the internet to a Remote ID USS for standard remote
    identification UAS.
    Regarding the ARC’s recommendation for a tiered approach for remote identification, the
    FAA agrees that some UAS, depending on their capabilities, may meet
    the intent of this
    proposed rule by only transmitting through the internet to a Remote ID
    USS. To accommodate
    these types of UAS, the FAA is proposing that a limited remote
    identification unmanned aircraft
    that is designed to operate no more than 400 feet from its control
    station be required to transmit
    information regarding the control station only. Standard remote
    identification UAS would be
    required to broadcast and transmit the remote identification message
    elements for both the
    unmanned aircraft and the control station.
    75
    The ARC identified a range of 400 feet as the maximum distance that an
    unmanned
    aircraft could be operated from its control station where a law
    enforcement officer could
    reasonably locate and identify the operator of the unmanned aircraft
    by visual means only. The
    FAA agrees with the ARC determination that 400 feet is a reasonable
    distance for visually
    associating an unmanned aircraft with the location of its control
    station, and has included a
    400-foot range limitation in the requirements for limited remote
    identification UAS.
    The FAA agrees with some of the ARC’s recommendations related to the transmission of
    message elements. Specifically, the FAA agrees that a unique
    identifier should be broadcast or
    transmitted, as appropriate, and be part of the unmanned aircraft’s
    Certificate of Aircraft
    Registration. The FAA also agrees that the location of the unmanned
    aircraft and the control
    station should be broadcast or transmitted, as appropriate. However,
    the FAA is not proposing
    for the identity of the owner of the UAS to be included in the message elements, because the
    message elements would generally be available to the public. The
    message elements that the
    FAA is proposing are the minimum necessary to achieve the FAA’s safety
    and security goals
    while avoiding potential privacy concerns. UAS owner information would
    still be available to
    the FAA and law enforcement because the FAA would retain the ability
    to correlate the
    unmanned aircraft’s unique identifier with the unmanned aircraft’s
    registration information.
    The ARC also recommended a number of message elements that could be
    optionally
    transmitted. The FAA concurs with the ARC’s recommendation to include
    the emergency status
    of the UAS, which could include lost-link or downed aircraft, as part
    of the remote identification
    message elements, and therefore proposes to include it as a
    requirement of the proposed rule.
    This proposed rule does not preclude broadcasting or transmitting
    information, as appropriate in
    76
    addition to the minimum required message elements, although any
    additional message elements
    would have to be incorporated as a part of an FAA-accepted means of
    compliance.
    The FAA disagrees with the ARC’s recommendation that the identifying information
    required to be transmitted would be based on the type of operation.
    The FAA believes that all of
    the message elements proposed should be broadcast or transmitted, as appropriate, by a UAS
    from takeoff to landing, regardless of the type of operation being
    conducted. By requiring the
    broadcast or transmission, as appropriate, of all message elements
    from takeoff to landing, the
    FAA is able to garner basic remote identification information that
    contributes to the development
    and operation of comprehensive UTM and ultimately enhances the safety
    and security of the
    airspace of the United States.
    The FAA agrees with the ARC that the UAS operator should be
    responsible for ensuring
    that his or her UAS complies with the remote identification
    requirements. Ultimately, it would be
    the operator’s responsibility to operate in compliance. That said, the
    FAA understands that
    responsibility for meeting UAS design and production requirements
    should not fall on UAS
    operators. Accordingly, the FAA is proposing requirements for UAS
    producers to ensure that
    UAS are designed and produced in a way that ensures reliable
    functionality of the remote
    identification equipment with minimal additional responsibilities for
    the UAS operator.
    The FAA concurs with the ARC’s recommendation that manufacturers label
    UAS to
    indicate that they comply with the requirements being proposed in this
    rule, and is proposing that
    all producers of standard remote identification UAS and limited remote identification UAS label
    their unmanned aircraft accordingly. The FAA believes that a labeling requirement would
    77
    communicate to prospective operators, after-market purchasers, law
    enforcement, and other
    persons whether a UAS complies with the remote identification
    requirements.
    51
    VII. Terms Used in this Proposed Rule
    The FAA is proposing to define a number of new terms to facilitate the implementation
    of remote identification of UAS.
    In part 1, definitions and abbreviations, the FAA is proposing to add definitions of
    unmanned aircraft system, unmanned aircraft system service supplier,
    and visual line of sight to
    § 1.1.
    The FAA is proposing that unmanned aircraft system (UAS) means an
    unmanned aircraft
    and its associated elements (including communication links and the
    components that control the
    unmanned aircraft) that are required for the safe and efficient
    operation of the unmanned aircraft
    in the airspace of the United States.
    The FAA is proposing that unmanned aircraft system service supplier
    means a person
    qualified by the Administrator to provide aviation-related services to
    unmanned aircraft systems.
    The FAA is proposing that visual line of sight means the ability of a
    person manipulating
    the flight controls of the unmanned aircraft or a visual observer (if
    one is used) to see the
    unmanned aircraft throughout the entire flight with vision that is
    unaided by any device other
    than corrective lenses.

    51 In addition to the ARC feedback, during the development of this
    NPRM, the FAA received two letters specific to
    remote identification of UAS, one from the Academy of Model
    Aeronautics and the other from the Small UAV
    Coalition. Both letters provided their respective organizations’ views
    on the policies that the FAA should propose in
    this rule. Neither of these letters were considered in the development
    of this rule. Both letters have been placed in
    the docket for this rulemaking.
    78
    The FAA recognizes that the term visual line of sight is already used
    in part 107. The
    term is specifically described in § 107.31(a). However, the FAA
    believes that providing a
    definition in § 1.1 would ensure that the term is used consistently
    throughout all FAA
    regulations. Therefore, the FAA is proposing to use the description of
    visual line of sight
    contained in § 107.31, without the part 107-specific regulatory
    requirements, as the basis for the
    definition of the term visual line of sight in § 1.1.
    52 To account for the use of the term in
    proposed part 89 and the potential use of the term in other parts of
    14 CFR, the FAA is proposing
    to include a slightly modified version of the description used in part
    107. Part 107 remote pilots
    and visual observers would still be bound by the specific provisions
    of § 107.31 absent a waiver.
    In § 1.2, abbreviations and symbols, the FAA is proposing to add the abbreviation USS to
    mean an Unmanned Aircraft System Service Supplier.
    The FAA is proposing to add a new part 89, Remote Identification of
    Unmanned Aircraft
    Systems, to title 14, chapter I, subchapter F, Air Traffic and General Operating Rules. In part 89,
    § 89.1, the FAA is proposing to include the following definitions: Amateur-built unmanned aircraft system means an unmanned aircraft
    system the major
    portion of which has been fabricated and assembled by a person who
    undertook the construction
    project solely for their own education or recreation.53

    52 In relevant part, 14 CFR 107.31(a) describes visual line of sight
    as with vision that is unaided by any device other
    than corrective lenses, the remote pilot in command, the visual
    observer (if one is used), and the person
    manipulating the flight control of the small unmanned aircraft system
    must be able to see the unmanned aircraft
    throughout the entire flight in order to: (1) Know the unmanned
    aircraft's location; (2) Determine the unmanned
    aircraft's attitude, altitude, and direction of flight; (3) Observe
    the airspace for other air traffic or hazards; and (4)
    Determine that the unmanned aircraft does not endanger the life or
    property of another.
    53 As currently proposed, amateur-built UAS would not include unmanned
    aircraft kits where the majority of parts
    of the UAS are provided to the operator as a part of the sold product.
    79
    Broadcast means to send information from an unmanned aircraft using
    radio frequency
    spectrum.
    Remote ID USS means a USS qualified by the Administrator to provide
    remote
    identification services.
    VIII. Applicability of Remote Identification Requirements
    The FAA is proposing to require a new set of technologies, systems,
    and guidelines for
    the remote identification of UAS. The proposal includes requirements
    that apply to operators of
    UAS, requirements for the development of means of compliance, and
    requirements that apply to
    designers and producers of UAS.
    The FAA is proposing to add a new part 89, Remote Identification of
    Unmanned Aircraft
    Systems, to 14 CFR, chapter I, subchapter F, Air Traffic and General
    Operating Rules. The
    operating requirements in subpart B of part 89 would apply to persons
    operating unmanned
    aircraft registered or required to be registered under part 47 or part
    48. The FAA is proposing to
    tie the remote identification requirements to the registration
    requirements because the remote
    identification data broadcast or transmitted from a UAS is meant to be correlated to the
    registration data of such UAS. To facilitate the correlation of data,
    the FAA proposes certain
    changes to the registration requirements in parts 47 and 48, which are discussed in section IX of
    this preamble. Specifically, the FAA proposes to revise part 48 to
    require the individual
    registration of unmanned aircraft.54 The FAA also proposes to require
    that all registrations of
    unmanned aircraft with remote identification include the serial number
    assigned by the producer

    54 Currently, 14 CFR part 48 allows owners with UAS operated for
    limited recreational purposes to register multiple
    unmanned aircraft under a single registration number.
    80
    of the unmanned aircraft. The serial number would be used to provide a
    unique identity to each
    unmanned aircraft for remote identification purposes.
    The operating requirements of the proposed rule would also apply to
    persons operating
    foreign civil unmanned aircraft in the United States and to persons
    operating UAS exclusively
    within FAA-recognized identification areas. The operating requirements
    of the proposed rule
    would not apply to aircraft of the Armed Forces of the United States
    because these aircraft are
    not required to be registered under part 47 or part 48.
    The design and production requirements in subpart F of proposed part
    89 would apply to
    persons responsible for the design and production of UAS produced for
    operation in the United
    States. The design and production requirements would not, however,
    apply to the following
    UAS, unless they are intentionally produced with remote identification
    (i.e., a standard remote
    identification UAS or limited remote identification UAS):
    amateur-built UAS and UAS of the
    United States Government. Producers of UAS weighing less than 0.55
    pounds (current weight
    threshold for requirement to register) may, but would not be required
    to, comply with the
    proposed remote identification design and production requirements.
    The FAA anticipates that industry stakeholders would develop means of compliance
    (which may include consensus standards) that UAS designers and
    producers would use to
    comply with the requirements of this proposed rule. Any person or
    entity could submit a means
    of compliance for acceptance by the FAA if it meets the requirements
    in subpart D of proposed
    part 89.
    81
    IX. Changes to Registration Requirements
    Under the proposed rule, persons operating unmanned aircraft
    registered or required to be
    registered under part 47 or part 48, would have to comply with the
    remote identification
    requirements of proposed part 89. The FAA is proposing to tie the
    remote identification
    requirements to the registration of unmanned aircraft because the FAA
    and law enforcement
    agencies need the ability to correlate remote identification
    information with registration data to
    obtain more complete information regarding the ownership of unmanned
    aircraft flying in the
    airspace of the United States. Aircraft registration requirements are
    the foundation for both
    identifying aircraft and for promoting accountability and the safe and efficient use of the airspace
    of the United States by both manned and unmanned aircraft. With
    limited exceptions, all aircraft
    are required to be registered under part 47 or part 48; therefore,
    nearly all UAS operating in the
    airspace of the United States would have to comply with the remote identification requirements,
    thereby enhancing the overall safety and efficiency of the airspace of
    the United States.
    Parts 47 and 48 of title 14 of the Code of Federal Regulations
    implement the registration
    requirements codified in 49 U.S.C. 44101-44103. Additional statutory requirements address the
    registration of unmanned aircraft; specifically, 49 U.S.C. 44809(a)(8)
    requires unmanned aircraft
    used in limited recreational operations to be registered and marked in accordance with chapter
    441 of Title 49 of the United States Code. Furthermore, under 49
    U.S.C. 44809(f), the
    Administrator is not prohibited from promulgating rules relating to
    the registration and marking
    of unmanned aircraft including unmanned aircraft used in limited
    recreational operations.55

    55 Section 336 of Public Law 112-95, which prohibited the FAA from
    implementing new regulations on certain
    recreational UAS operations, was repealed by section 349 of the FAA Reauthorization Act of 2018, Public Law 115-
    254.
    82
    Under the current registration requirements, no person may operate an
    unmanned aircraft
    in the airspace of the United States unless it has been registered by
    its owner pursuant to part 47
    or part 48, or unless the aircraft is excepted from registration.
    There are two exceptions to the
    registration requirements for unmanned aircraft: (1) unmanned aircraft
    of the Armed Forces of
    the United States; and (2) most unmanned aircraft weighing 0.55 pounds
    or less on takeoff,
    including everything that is on board or otherwise attached to the
    aircraft. Small unmanned
    aircraft operating under 14 CFR part 91 and part 107 are required to
    register under part 47 or
    part 48 regardless of weight.
    A. Registration under Part 47
    Registration under part 47 is required for:
    (1) unmanned aircraft weighing 55 pounds or more;
    (2) small unmanned aircraft intended to be operated outside of the
    territorial airspace of
    the United States; and
    (3) small unmanned aircraft registered through a trust or voting trust
    (e.g., to meet U.S.
    citizenship requirements).
    Registration under part 47 is available for:
    (1) any unmanned aircraft (including small unmanned aircraft) that
    needs – or desires –
    an N-number registration (e.g., to operate outside the United States);
    or
    (2) when public recording is needed for unmanned aircraft-related
    loans, leases, or
    ownership documents.
    83

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