[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
[continued in next message]
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