• FAA Proposes Rule To Require Remote Identification Of Drones (17/19)

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

    Regulatory Framework;
    ? Cooperation in the Joint Authorities for Rulemaking on Unmanned
    Systems (JARUS) on
    UTM/U-Space and other regulatory recommendations under development;
    ? Collaboration with the Transport Canada Civil Aviation (TCCA)
    Remotely Piloted
    Aircraft Systems (RPAS) Task Force on policy, rulemaking, regulatory,
    and research and
    development topics related to UAS and beyond visual line of sight
    operations;
    ? Hosting the Sharing Best Practices for Managing Unmanned Aircraft
    Systems (UAS)
    With Association of Southeast Asian Nations (ASEAN) Member States
    workshop in
    Singapore; and
    ? Meetings with the Australia Civil Aviation Safety Authority (CASA)
    to share best
    practices and lessons learned on UAS integration.
    In addition, the FAA has assessed the European Commission regulations
    for UAS remote
    identification and compared them to the requirements in this proposal.
    One difference between

    185 As described by the Single European Sky ATM Research (SESAR) Joint Undertaking, “U-space is a set of new
    services relying on a high level of digitalization and automation of
    functions and specific procedures designed to
    support safe, efficient and secure access to airspace for large
    numbers of drones.” https://www.sesarju.eu/U-space
    269
    the two is that the European Commission regulations require only a
    remote identification
    broadcast, whereas the FAA’s proposal includes both a broadcast and a requirement that the
    same information be transmitted through an internet connection to a
    third-party service supplier.
    Another difference is that the European regulation requires the
    broadcast of both the unmanned
    aircraft registration number and the serial number, whereas the FAA’s
    proposal uses the
    unmanned aircraft serial number or session ID as the unique identifier
    in the remote
    identification message set. Other differences include that the
    European regulation requires
    message elements for the route course and speed of the unmanned
    aircraft, while the FAA’s
    proposal does not and the FAA proposal includes remote identification
    message elements for
    emergency status and a time mark, but the European regulation does
    not. At the same time, there
    are similarities. The European regulation and the FAA’s proposal both
    include the position of the
    unmanned aircraft and the control station as remote identification
    message elements.
    G. Environmental Analysis
    FAA Order 1050.1F identifies FAA actions that are categorically
    excluded from
    preparation of an Environmental Assessment or Environmental Impact
    Statement under the
    National Environmental Policy Act (NEPA) in the absence of
    extraordinary circumstances. The
    FAA has determined this rulemaking action qualifies for the
    categorical exclusion identified in
    paragraph 5-6.6f of this order and involves no extraordinary
    circumstances.
    This rulemaking action provides a framework for the remote
    identification of all UAS
    operating in the airspace of the United States. It does not affect the frequency of UAS operations
    in the airspace of the United States. The FAA has reviewed the
    implementation of the
    rulemaking action and determined it is categorically excluded from
    further environmental
    review. Possible extraordinary circumstances that would preclude the
    use of a categorical
    270
    exclusion have been examined and the FAA has determined that no such circumstances exist.
    After careful and thorough consideration of the rulemaking action, the
    FAA finds that it does not
    require preparation of an Environmental Assessment or Environmental
    Impact Statement in
    accordance with the requirements of NEPA, Council on Environmental
    Quality (CEQ)
    regulations, and FAA Order 1050.1F.
    XX. Executive Order Determinations
    A. Executive Order 13132, Federalism
    The FAA has analyzed this proposed rule under the principles and
    criteria of Executive
    Order 13132, Federalism. The agency has determined that this action
    would not have a
    substantial direct effect on the States, or the relationship between
    the Federal Government and
    the States, or on the distribution of power and responsibilities among
    the various levels of
    government, and, therefore, would not have Federalism implications.
    B. Executive Order 13211, Regulations that Significantly Affect Energy
    Supply, Distribution, or
    Use
    The FAA analyzed this proposed rule under Executive Order 13211,
    Actions Concerning
    Regulations that Significantly Affect Energy Supply, Distribution, or
    Use (May 18, 2001). The
    agency has determined that it would not be a “significant energy
    action” under the executive
    order and would not be likely to have a significant adverse effect on
    the supply, distribution, or
    use of energy.
    271
    C. Executive Order 13609, Promoting International Regulatory
    Cooperation
    Executive Order 13609, Promoting International Regulatory Cooperation,
    (77 FR 26413,
    May 4, 2012) promotes international regulatory cooperation to meet
    shared challenges involving
    health, safety, labor, security, environmental, and other issues and
    to reduce, eliminate, or
    prevent unnecessary differences in regulatory requirements.
    For significant regulations that the agency identifies as having
    significant international
    impacts, the FAA has to consider, to the extent feasible, appropriate,
    and consistent with law,
    any regulatory approaches by a foreign government that the United
    States has agreed to consider
    under a regulatory cooperation council work plan. A significant
    regulatory action under
    Executive Order 13609 has the same meaning as in section 3(f) of
    Executive Order 12866. An
    international impact, as defined in Executive Order 13609, means “a
    direct effect that a proposed
    or final regulation is expected to have on international trade and
    investment, or that otherwise
    may be of significant interest to the trading partners of the United
    States.”
    As discussed in the International Compatibility and Cooperation
    section of this proposed
    rule, in keeping with U.S. obligations under the Convention on
    International Civil Aviation, the
    FAA seeks to conform to International Civil Aviation Organization
    Standards and
    Recommended Practices to the maximum extent practicable. The FAA has
    reviewed the
    corresponding ICAO Standards and Recommended Practices and has
    identified no differences
    with these regulations. Additionally, the FAA regularly reaches out to
    its international partners
    on a bi-lateral and multi-lateral basis to harmonize regulations to
    the maximum extent possible.
    Thus, the FAA believes that the proposed rule should have no effect on international regulatory
    cooperation.
    272
    XXI. Tribal Considerations
    Consistent with Executive Order 13175, Consultation and Coordination
    with Indian
    Tribal Governments,
    186 and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,
    187 the FAA ensures that Federally Recognized Tribes
    (Tribes) are given the opportunity to provide meaningful and timely
    input regarding proposed
    Federal actions that have the potential to affect uniquely or
    significantly their respective Tribes.
    At this point, the FAA has not identified any unique or significant
    effects, environmental or
    otherwise, on tribes resulting from this proposed rule.
    XXII. Privacy
    With regard to the information manufacturers and operators may submit
    in accordance
    with this proposed rule’s requirements, the FAA conducted a privacy
    impact assessment (PIA)
    under section 522(a)(5) of division H of the FY 2005 Omnibus
    Appropriations Act, Public Law
    108-447, 118 Stat. 3268 (Dec. 8, 2004) and section 208 of the
    E-Government Act of 2002,
    Public Law 107-347, 116 Stat. 2889 (Dec. 17, 2002). The PIA found the
    NPRM requirements
    that affect privacy include: the registration of the UAS with the FAA,
    the transmission of data
    from the UAS to Remote ID USS, the broadcast of data from standard
    remote identification UAS
    to any person capable of receiving broadcasts, the use of PII in the manufacturer’s declaration of
    compliance, and the use of PII in applications to establish
    FAA-recognized identification areas
    for UAS flying.

    186 65 FR 67249 (Nov. 6, 2000).
    187 FAA Order No. 1210.20 (Jan. 28, 2004), available at http://www.faa.gov/documentLibrary/media/1210.pdf.
    273
    The PIA points to several mitigation strategies including: limiting
    collection to only
    relevant and necessary PII, limiting the use of PII to the specific
    purpose for which it was
    collected, using security measures to protect PII collected, notifying individuals of collection
    practices prior to collection, and the voluntary nature of all PII
    submitted. Additionally, the FAA
    would enter into contractual agreements with the Remote ID USS
    including directions for the
    use, protection, and storage of the data. Section XIV discusses the
    data security requirements the
    FAA intends to impose upon FAA-qualified Remote ID USS. Although the
    message elements
    themselves would be publicly accessible information, the ability to cross-reference that
    information with registry data would not be publicly available and
    would be limited to the FAA
    and law enforcement for security purposes.
    In the 2016 Rule, the FAA acknowledged various organizations’ and
    commenters’
    concerns regarding the use of small UAS to collect information about individuals. In that rule,
    the FAA noted that privacy concerns were beyond the scope of the FAA’s
    mission to ensure
    safety and efficiency of aviation operations in the airspace of the
    United States, but discussed
    various methods by which the FAA intended to continue addressing
    privacy concerns through
    engagement and collaboration with the public, stakeholders, and other
    agencies with authority
    and subject matter expertise in privacy law and policy.
    As part of the PIA, the FAA analyzed the effect the proposed rule
    might have on
    collecting, storing, and disseminating personally identifiable
    information (PII) of manufacturers
    and UAS operators. The FAA also examined and evaluated protections and alternative
    274
    information-handling processes in developing the proposed rule to
    mitigate potential privacy
    risks. A copy of the draft PIA is posted in the docket for this
    rulemaking.188
    XXIII. Additional Information
    A. Comments Invited
    The FAA invites interested persons to participate in this rulemaking
    by submitting
    written comments, data, or views. The agency also invites comments
    relating to the economic,
    environmental, energy, or federalism impacts that might result from
    adopting the proposals in
    this document. The most helpful comments reference a specific portion
    of the proposal, explain
    the reason for any recommended change, and include supporting data. To
    ensure the docket does
    not contain duplicate comments, commenters should send only one copy
    of written comments, or
    if comments are filed electronically, commenters should submit only
    one time.
    The FAA will file in the docket all comments it receives. Before
    acting on this proposal,
    the FAA will consider all comments it receives on or before the
    closing date for comments. The
    agency may change this proposal in light of the comments it receives.
    B. Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial
    information that is
    both customarily and actually treated as private by its owner. Under
    the Freedom of Information
    Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If
    your comments responsive
    to this NPRM contain commercial or financial information that is
    customarily treated as private,

    188 Upon finalization, PIAs are posted on the Department of
    Transportation’s Privacy Program page, available at https://www.transportation.gov/individuals/privacy/privacy-impactassessments#Federal%20Aviation%20Administration%20(FAA).
    275
    that you actually treat as private, and that is relevant or responsive
    to this NPRM, it is important
    that you clearly designate the submitted comments as CBI. Please mark
    each page of your
    submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as
    confidential under the FOIA, and they will not be placed in the public
    docket of this NPRM.
    Submissions containing CBI should be sent to the person in the FOR
    FURTHER
    INFORMATION CONTACT section of this document. Any commentary that the
    FAA receives
    which is not specifically designated as CBI will be placed in the
    public docket for this
    rulemaking.
    C. Availability of Rulemaking Documents
    An electronic copy of rulemaking documents may be obtained from the
    Internet by:
    ? Searching the Federal eRulemaking Portal
    (http://www.regulations.gov);
    ? Visiting the FAA’s Regulations and Policies at https://www.faa.gov/regulations_policies; or
    ? Accessing the Government Publishing Office at
    https://www.govinfo.gov.
    Copies may also be obtained by sending a request to the Federal
    Aviation Administration,
    Office of Rulemaking, ARM-1, 800 Independence Avenue SW, Washington,
    DC 20591, or by
    calling (202) 267-9677. Commenters must identify the docket or notice
    number of this
    rulemaking.
    All documents the FAA considered in developing this proposed rule,
    including economic
    analyses and technical reports, may be accessed from the Internet
    through the Federal
    eRulemaking Portal referenced above.
    276
    D. Small Business Regulatory Enforcement Fairness Act
    The Small Business Regulatory Enforcement Fairness Act of 1996
    (SBREFA) requires
    FAA to comply with small entity requests for information or advice
    about compliance with
    statutes and regulations within its jurisdiction. A small entity with
    questions regarding this
    document may contact its local FAA official, or the person listed
    under the FOR FURTHER
    INFORMATION CONTACT heading at the beginning of the preamble. To find
    out more about
    SBREFA on the Internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
    List of Subjects
    14 CFR Part 1
    Air transportation.
    14 CFR Part 47
    Aircraft, Reporting and recordkeeping requirements.
    14 CFR Part 48
    Aircraft, Reporting and recordkeeping requirements.
    14 CFR Part 89
    Aircraft, Airmen, Air traffic control, Aviation safety, Incorporation
    by reference,
    Reporting and recordkeeping requirements, Security measures.
    277
    14 CFR Part 91
    Air traffic control, Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
    requirements, Security measures.
    14 CFR Part 107
    Aircraft, Airmen, Aviation safety, Security measures.
    278
    The Proposed Amendment
    In consideration of the foregoing, the Federal Aviation Administration
    proposes to amend
    chapter I of title 14, Code of Federal Regulations as follows:
    PART 1—DEFINITIONS AND ABBREVIATIONS
    1. The authority citation for part 1 is revised to read as follows:
    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701.
    2. In § 1.1, add the terms “unmanned aircraft system,” “unmanned
    aircraft system service
    supplier” and “visual line of sight” in alphabetical order to read as
    follows:
    § 1.1 General definitions.
    * * * * *
    Unmanned aircraft system 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.
    Unmanned aircraft system service supplier means a person qualified by
    the
    Administrator to provide aviation-related services to unmanned
    aircraft systems.
    * * * * *
    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.
    * * * * *
    279
    3. In § 1.2, add the abbreviation “USS” in alphabetical order to read
    as follows:
    § 1.2 Abbreviations and symbols.
    * * * * *
    USS means an unmanned aircraft system service supplier.
    * * * * *
    PART 47—AIRCRAFT REGISTRATION
    4. The authority citation for part 47 is revised to read as follows:
    Authority: 4 U.S.T. 1830; Public Law 108-297, 118 Stat. 1095 (49
    U.S.C. 40101 note, 49
    U.S.C. 44101 note); 49 U.S.C. 106(f), 106(g), 40113-40114,
    44101-44108, 44110-44113, 44703-
    44704, 44713, 44809(f), 45302, 45305, 46104, 46301.
    5. Add § 47.14 to read as follows:
    § 47.14 Serial numbers for unmanned aircraft.
    The unmanned aircraft serial number provided as part of any
    application for aircraft
    registration of a standard remote identification unmanned aircraft or
    a limited remote
    identification unmanned aircraft must be the serial number issued by
    the manufacturer of the
    unmanned aircraft in accordance with the design and production
    requirements of part 89.
    PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL
    UNMANNED AIRCRAFT
    6. The authority citation for part 48 is revised to read as follows:
    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40113-40114, 41703, 44101-44103, 44105-
    44106, 44110-44113, 44809(f), 45302, 45305, 46104, 46301, 46306.
    280
    7. Revise § 48.5 to read as follows:
    § 48.5 Compliance dates.
    (a) Except as provided in paragraph (b) or (c) of this section,
    compliance with the
    requirements of this part or part 47 of this chapter is required prior
    to operation of the small
    unmanned aircraft.
    (b) For small unmanned aircraft registered prior to [EFFECTIVE DATE OF
    FINAL
    RULE], compliance with the requirements of this part or part 47 of
    this chapter is required no
    later than [COMPLIANCE DATE 36 MONTHS FROM EFFECTIVE DATE OF FINAL
    RULE]
    or upon renewal of the registration, whichever is sooner.
    (c) For small unmanned aircraft registered exclusively as model
    aircraft prior to
    [EFFECTIVE DATE OF THE FINAL RULE], compliance with the requirements
    of this part or
    part 47 of this chapter is required no later than [COMPLIANCE DATE 36
    MONTHS FROM
    THE EFFECTIVE DATE OF THE FINAL RULE] or upon renewal of the
    registration,
    whichever is sooner.
    8. In § 48.15, revise paragraph (b) to read as follows:
    § 48.15 Requirement to register.
    * * * * *
    (b) The aircraft is used exclusively for limited recreational
    operations and weighs 0.55
    pounds or less on takeoff, including everything that is on board or
    otherwise attached to the
    aircraft; or
    * * * * *
    281
    9. Revise § 48.30 to read as follows
    § 48.30 Fees.
    The fee for issuing or renewing a Certificate of Aircraft Registration
    for aircraft
    registered in accordance with §48.100 is $5.00 per aircraft. Each
    application for and renewal of a
    Certificate of Aircraft Registration must be accompanied by the fee,
    paid to the Federal Aviation
    Administration through the web-based small unmanned aircraft
    registration system, or in another
    manner if prescribed by the Administrator.
    10. Revise § 48.100 to read as follows:
    § 48.100 Application.
    (a) Required information. Each applicant for a Certificate of Aircraft Registration issued
    under this part must submit all of the following information to the
    Registry:
    (1) Applicant name and, for an applicant other than an individual, the
    name of the
    authorized representative applying for a Certificate of Aircraft
    Registration.
    (2) Applicant's physical address and, for an applicant other than an individual, the
    physical address for the authorized representative. If the applicant
    or authorized representative
    does not receive mail at their physical address, a mailing address
    must also be provided.
    (3) Applicant's email address or, for applicants other than
    individuals, the email address
    of the authorized representative.
    (4) Applicant’s telephone number(s).
    (5) The aircraft manufacturer and model name.
    282
    (6) For any standard remote identification unmanned aircraft or
    limited remote
    identification unmanned aircraft, the serial number issued by the
    manufacturer of the unmanned
    aircraft in accordance with the design and production requirements of
    part 89.
    (7) Other information as required by the Administrator.
    (b) Provision of information. The information identified in paragraph
    (a) of this section
    must be submitted to the Registry through the web-based small unmanned
    aircraft registration
    system in a form and manner prescribed by the Administrator.
    (c) Issuance of Certificate of Aircraft Registration. The FAA will
    issue a Certificate of
    Aircraft Registration upon completion of the application requirements
    provided in paragraph (a)
    of this section.
    11. In § 48.110, revise the section heading and paragraph (a) to read
    as follows:
    § 48.110 Aircraft Registration.
    (a) Certificate of Aircraft Registration. A Certificate of Aircraft Registration issued in
    accordance with § 48.100 constitutes registration only for the small
    unmanned aircraft identified
    on the application.
    * * * * *
    283
    § 48.115 [Reserved]
    12. Remove and reserve § 48.115.
    13. Amend § 48.200 by revising paragraphs (b)(1) and (2) to read as
    follows:
    § 48.200 General.
    * * * * *
    (b) * * *
    (1) The registration number issued by the Administrator upon
    completion of the
    registration process provided by this part; or
    (2) If authorized by the Administrator, the small unmanned aircraft
    serial number
    provided with the application for Certificate of Aircraft Registration
    under § 48.100.
    14. Add part 89 to subchapter F to read as follows:
    PART 89—REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT SYSTEMS
    Sec.
    Subpart A—General
    89.1 Definitions.
    89.5 Falsification, reproduction, alteration, or omission.
    Subpart B—Operating Requirements
    89.101 Applicability.
    89.105 Remote identification requirement.
    89.110 Standard remote identification unmanned aircraft systems.
    89.115 Limited remote identification unmanned aircraft systems.
    89.120 Unmanned aircraft systems without remote identification.
    89.125 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
    prohibition.
    89.130 Confirmation of identification.
    89.135 Record retention.
    Subpart C—FAA-Recognized Identification Areas
    284
    89.201 Applicability.
    89.205 Eligibility.
    89.210 Requests for establishment of an FAA-recognized identification
    area.
    89.215 Approval of FAA-recognized identification areas.
    89.220 Amendment.
    89.225 Duration of an FAA-recognized identification area.
    89.230 Expiration and termination.
    Subpart D—Requirements for Unmanned Aircraft Systems with Remote
    Identification
    89.301 Applicability.
    89.305 Minimum message elements broadcast and transmitted by standard
    remote identification
    unmanned aircraft systems.
    89.310 Minimum performance requirements for standard remote
    identification unmanned
    aircraft systems.
    89.315 Minimum message elements transmitted by limited remote
    identification unmanned
    aircraft systems.
    89.320 Minimum performance requirements for limited remote
    identification unmanned aircraft
    systems.
    Subpart E—Means of Compliance
    89.401 Applicability.
    89.405 Submission of a means of compliance for FAA acceptance.
    89.410 Acceptance of a means of compliance.
    89.415 Rescission.
    89.420 Record retention.
    Subpart F—Design and Production of Unmanned Aircraft Systems with
    Remote
    Identification
    89.501 Applicability.
    89.505 Serial numbers.
    89.510 Production requirements.
    89.515 Labeling.
    89.520 Submission of a declaration of compliance for FAA acceptance.
    89.525 Acceptance of a declaration of compliance.
    89.530 Rescission and reconsideration.
    89.535 Record retention.
    Authority: 49 U.S.C. 106(f), 106(g), 40101(d), 40103(b), 44701, 44805, 44809(f), Section 2202
    of Pub. L. 114-190.
    285
    Subpart A – General
    § 89.1 Definitions.
    The following definitions apply to this part. If there is a conflict
    between the definitions
    of this part and the definitions specified in § 1.1 of this chapter,
    the definitions in this part control
    for purposes of this part:
    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.
    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.
    § 89.5 Falsification, reproduction, alteration, or omission.
    (a) No person may make or cause to be made:
    (1) 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.
    (2) 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.
    (3) Any reproduction or alteration, for fraudulent purpose, of any
    document related to any
    acceptance, application, approval, authorization, certificate,
    declaration, designation,
    286
    qualification, record, report, request for reconsideration, or
    similar, submitted or granted under
    this part.
    (b) No person may, by omission, knowingly conceal or cause to be
    concealed, a material
    fact in:
    (1) Any document related to any acceptance, application, approval, authorization,
    certificate, declaration, designation, qualification, record, report,
    request for reconsideration, or
    similar, submitted under this part.
    (2) Any document required to be developed, provided, kept, or used to
    show compliance
    with any requirement under this part.
    (c) The commission by any person of an act prohibited under paragraphs
    (a) or (b) of this
    section is a basis for:
    (1) Denial, 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; or
    (2) A civil penalty.
    Subpart B—Operating Requirements
    § 89.101 Applicability.
    This subpart applies to the following:
    (a) Persons operating unmanned aircraft registered or required to be
    registered under part
    47 or part 48 of this chapter.
    287
    (b) Persons operating foreign civil unmanned aircraft in the United
    States.
    § 89.105 Remote identification requirement.
    Except as otherwise authorized by the Administrator, after [COMPLIANCE
    DATE 36
    MONTHS FROM EFFECTIVE DATE OF FINAL RULE], no person may operate an
    unmanned
    aircraft system within the airspace of the United States unless the
    operation is conducted under
    one of the following conditions:
    (a) The unmanned aircraft system is a standard remote identification
    unmanned aircraft
    system and that person complies with the requirements of § 89.110.
    (b) The unmanned aircraft system is a limited remote identification
    unmanned aircraft
    system and that person complies with the requirements of § 89.115.
    (c) The unmanned aircraft system does not have remote identification
    equipment and that
    person complies with the requirements of § 89.120.
    § 89.110 Standard remote identification unmanned aircraft systems.
    A person operating a standard remote identification unmanned aircraft
    system is
    responsible for complying with this section.
    (a) Remote identification. Unless otherwise authorized by the
    Administrator, a person
    may operate a standard remote identification unmanned aircraft system
    only if the unmanned
    aircraft system sends the remote identification message elements of §
    89.305, from takeoff to
    landing, in one of the following ways:
    (1) If the internet is available at takeoff, a standard remote
    identification unmanned
    aircraft system must:
    288
    (i) Connect to the internet and transmit the message elements through
    that internet
    connection to a Remote ID USS; and
    (ii) Broadcast the message elements directly from the unmanned
    aircraft.
    (2) If the internet is unavailable at takeoff, or if during the
    flight, the unmanned aircraft
    system can no longer transmit through an internet connection to a
    Remote ID USS, the standard
    remote identification unmanned aircraft system must broadcast the
    message elements directly
    from the unmanned aircraft.
    (b) In-flight loss of broadcast capability. Unless otherwise
    authorized by the
    Administrator, the person manipulating the flight controls of the
    aircraft must land as soon as
    practicable if a standard remote identification unmanned aircraft
    system can no longer broadcast
    the message elements of §89.305.
    (c) Operation of standard remote identification unmanned aircraft
    systems. Unless
    otherwise authorized by the Administrator, a person may operate a
    standard remote identification
    unmanned aircraft system 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 this part from takeoff to landing.
    (3) Its remote identification equipment and functionality have not
    been disabled.
    § 89.115 Limited remote identification unmanned aircraft systems.
    A person operating a limited remote identification unmanned aircraft
    system is
    responsible for complying with this section.
    289
    (a) Remote identification. Unless otherwise authorized by the
    Administrator, a person
    may operate a limited remote identification unmanned aircraft system
    only if, from takeoff to
    landing:
    (1) The unmanned aircraft system connects to the internet and
    transmits the remote
    identification message elements of § 89.315 through that internet
    connection to a Remote ID
    USS.
    (2) The unmanned aircraft system is operated within visual line of
    sight.
    (b) In-flight loss of remote identification. Unless otherwise
    authorized by the
    Administrator, the person manipulating the flight controls of the
    unmanned aircraft must land as
    soon as practicable if a limited remote identification unmanned
    aircraft system in-flight can no
    longer transmit the message elements of § 89.315 to a Remote ID USS.
    (c) Operation of limited remote identification unmanned aircraft
    systems. Unless
    otherwise authorized by the Administrator, a person may operate a
    limited remote identification
    unmanned aircraft system 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 this part from takeoff to landing.
    (3) Its remote identification equipment and functionality have not
    been disabled.
    § 89.120 Unmanned aircraft systems without remote identification.
    A person may operate an unmanned aircraft system that does not meet
    the requirements
    for a standard remote identification unmanned aircraft system under §
    89.110 or a limited remote
    290
    identification unmanned aircraft system under § 89.115 only if the
    requirements of (a) or (b) are
    met.
    (a) Operations at FAA-recognized identification areas. Unless
    otherwise authorized by
    the administrator:
    (1) The unmanned aircraft system is operated within visual line of
    sight.
    (2) The unmanned aircraft system is operated within an FAA-recognized identification
    area.
    (b) Operations for aeronautical research. The person is authorized by
    the administrator
    to operate the unmanned aircraft system without remote identification
    for the purpose of
    aeronautical research or to show compliance with regulations.
    § 89.125 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
    prohibition.
    Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment
    required under
    subpart C of part 91 of this chapter may not be used to comply with
    the remote identification
    requirements of this part.
    § 89.130 Confirmation of identification.
    (a) Notification requirement. No person may operate a foreign
    registered civil unmanned
    aircraft in the United States unless, prior to the operation, the
    person submits a notice of
    identification in a form and manner acceptable to the Administrator.
    The notice of identification
    must include:
    (1) The name of the operator and, for an operator other than an
    individual, the name of
    the authorized representative providing the notification.
    291
    (2) The physical address of the operator and, for an operator other
    than an individual, the
    physical address for the authorized representative. If the operator or authorized representative

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