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produced to
meet the minimum performance requirements of § 89.310 or § 89.320 by
using an FAA-accepted
means of compliance.
(ii) Complies with the requirements of § 89.510(b).
(7) Statement that 47 CFR-compliant radio frequency equipment is used
and is integrated
into the unmanned aircraft system without modification to its
authorized radio frequency
parameters.
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§ 89.525 Acceptance of a declaration of compliance.
(a) The Administrator will evaluate a declaration of compliance that
is submitted to the
FAA and may request additional information or documentation, as
needed, to supplement the
declaration of compliance.
(b) If the Administrator determines that the submitter has
demonstrated compliance with
the requirements of this subpart, the FAA will notify the submitter
that the Administrator has
accepted the declaration of compliance. If the Administrator
determines the submitter has not
demonstrated compliance, the FAA will notify the submitter that the Administrator has not
accepted the declaration of compliance.
§ 89.530 Rescission and reconsideration.
(a) Rescission of the FAA’s acceptance of a declaration of compliance.
(1) A declaration
of compliance is subject to ongoing review by the Administrator. The Administrator may rescind
acceptance of a declaration of compliance under circumstances
including but not limited to the
following:
(i) A standard remote identification unmanned aircraft system or a
limited remote
identification unmanned aircraft system listed under an accepted
declaration of compliance does
not meet the minimum performance requirements of § 89.310 or § 89.320.
(ii) A previously FAA-accepted declaration of compliance does not meet
any of the
requirements of this subpart.
(iii) The FAA rescinds acceptance of the means of compliance listed in
an FAA-accepted
declaration of compliance.
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(2) The Administrator will notify the person who submitted the
FAA-accepted
declaration of compliance of any issue of noncompliance.
(3) If the Administrator determines that it is in the public interest,
prior to rescinding
acceptance of a declaration of compliance, the Administrator may
provide a reasonable period of
time for the person who submitted the declaration of compliance to
remediate the
noncompliance. A failure to remediate the noncompliance constitutes
cause for rescission of the
FAA’s acceptance of the declaration of compliance.
(4) The Administrator will notify the person who submitted the
declaration of compliance
of the decision to rescind acceptance of the declaration of compliance
by publishing a notice of
rescission in the Federal Register.
(b) Petition to reconsider the FAA’s decision to rescind acceptance of
a declaration of
compliance. (1) The person who submitted the FAA-accepted declaration
of compliance or any
person adversely affected by the rescission of the Administrator’s
acceptance of a declaration of
compliance may petition for a reconsideration of the decision by
submitting a request to the FAA
in a form and manner acceptable to the Administrator within 60
calendar days of the date of
publication in the Federal Register of notification of rescission.
(2) A petition to reconsider the rescission of the Administrator’s
acceptance of a
declaration of compliance must show that the petitioner is an
interested party and has been
adversely affected by the decision of the FAA. The petition must also demonstrate at least one of
the following:
(i) The petitioner has a significant additional fact not previously
presented to the FAA.
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(ii) The Administrator made a material error of fact in the decision
to rescind acceptance
of the declaration of compliance.
(iii) The Administrator did not correctly interpret a law, regulation,
or precedent.
(3) Upon consideration of the information submitted by the petitioner,
the Administrator
will notify the petitioner and the person who submitted the
declaration of compliance (if
different) of the decision to reinstate or to not reinstate the
Administrator’s acceptance of the
declaration of compliance.
(c) Inapplicability of part 13, subpart D, of this chapter. Part 13,
subpart D, of this
chapter does not apply to the procedures of paragraphs (a) and (b) of
this section.
§ 89.535 Record retention.
A person who submits a declaration of compliance under this subpart
that is accepted by
the Administrator must retain the following information for as long as
the UAS listed on that
declaration of compliance are produced plus an additional 24 calendar
months, and must make
available for inspection by the Administrator the following:
(a) The means of compliance, all documentation, and substantiating
data related to the
means of compliance used.
(b) Records of all test results.
(c) Any other information necessary to demonstrate compliance with the
means of
compliance so that the unmanned aircraft system meets the remote
identification requirements
and the design and production requirements of this part.
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PART 91—GENERAL OPERATING AND FLIGHT RULES
15. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701,
44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315,
46316, 46504, 46506-
46507, 47122, 47508, 47528-47531, 47534, Pub. L. 114-190,130 Stat. 615
(49 U.S.C. 44703
note); articles 12 and 29 of the Convention on International Civil
Aviation (61 Stat. 1180), (126
Stat. 11).
16. Amend § 91.215 by revising paragraphs (b) introductory text and
(c) and adding
paragraph (e) to read as follows:
§ 91.215 ATC transponder and altitude reporting equipment and use.
* * * * *
(b) All airspace. Unless otherwise authorized or directed by ATC, and
except as provided
in paragraph (e)(1) of this section, no person may operate an aircraft
in the airspace described in
paragraphs (b)(1) through (5) of this section, unless that aircraft is
equipped with an operable
coded radar beacon transponder having either Mode 3/A 4096 code
capability, replying to Mode
3/A interrogations with the code specified by ATC, or a Mode S
capability, replying to Mode
3/A interrogations with the code specified by ATC and intermode and
Mode S interrogations in
accordance with the applicable provisions specified in TSO C-112, and
that aircraft is equipped
with automatic pressure altitude reporting equipment having a Mode C
capability that
automatically replies to Mode C interrogations by transmitting
pressure altitude information in
100-foot increments. This requirement applies—
* * * * *
(c) Transponder-on operation. Except as provided in paragraph (e)(2)
of this section,
while in the airspace as specified in paragraph (b) of this section or
in all controlled airspace,
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each person operating an aircraft equipped with an operable ATC
transponder maintained in
accordance with §91.413 of this part shall operate the transponder,
including Mode C equipment
if installed, and shall reply on the appropriate code or as assigned
by ATC, unless otherwise
directed by ATC when transmitting would jeopardize the safe execution
of air traffic control
functions.
* * * * *
(e) Unmanned aircraft systems. (1) The requirements of paragraph (b)
of this section do
not apply to a person operating an unmanned aircraft system under this
part unless the operation
is conducted under a flight plan and the person operating the unmanned
aircraft system maintains
two-way radio communication with ATC.
(2) No person may operate an unmanned aircraft system under this part
with a
transponder on unless:
(i) The operation is conducted under a flight plan and the person
operating the unmanned
aircraft system maintains two-way radio communication with ATC; or
(ii) The use of a transponder is otherwise authorized by the
Administrator.
17. Amend § 91.225 by revising paragraphs (a) introductory text, (b) introductory text,
(d) introductory text, and (f) introductory text and adding paragraph
(i) to read as follows:
§ 91.225 Automatic Dependent Surveillance-Broadcast (ADS-B) Out
equipment and use.
(a) After January 1, 2020, except as provided in paragraph (i) of this
section or unless
otherwise authorized by ATC, no person may operate an aircraft in
Class A airspace unless the
aircraft has equipment installed that—
* * * * *
317
(b) After January 1, 2020, except as provided in paragraph (i) of this
section or unless
otherwise authorized by ATC, no person may operate an aircraft below
18,000 feet MSL and in
airspace described in paragraph (d) of this section unless the
aircraft has equipment installed
that—
* * * * *
(d) After January 1, 2020, except as provided in paragraph (i) of this
section or unless
otherwise authorized by ATC, no person may operate an aircraft in the
following airspace unless
the aircraft has equipment installed that meets the requirements in
paragraph (b) of this section:
* * * * *
(f) Except as provided in paragraph (i) of this section, each person
operating an aircraft
equipped with ADS-B Out must operate this equipment in the transmit
mode at all times
unless—
* * * * *
(i) For unmanned aircraft systems:
(1) The requirements of paragraph (b) of this section do not apply to
a person operating
an unmanned aircraft system under this part unless the operation is
conducted under a flight plan
and the person operating the unmanned aircraft system maintains
two-way radio communication
with ATC.
(2) No person may operate an unmanned aircraft system under this part
with Automatic
Dependent Surveillance-Broadcast Out equipment in transmit mode
unless:
(i) The operation is conducted under a flight plan and the person
operating the unmanned
aircraft system maintains two-way radio communication with ATC; or
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(ii) The use of ADS-B Out is otherwise authorized by the
Administrator.
PART 107—SMALL UNMANNED AIRCRAFT SYSTEMS
18. The authority citation for part 107 is revised to read as follows: Authority: 49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5), 44807.
§ 107.53 [Redesignated as § 107.56]
19. Redesignate § 107.53 as § 107.56.
20. Add §§ 107.52 and new 107.53 to subpart B to read as follows:
§ 107.52 ATC transponder equipment prohibition.
Unless otherwise authorized by the Administrator, no person may
operate a small
unmanned aircraft system under this part with a transponder on.
§ 107.53 ADS-B Out Prohibition
Unless otherwise authorized by the Administrator, no person may
operate a small
unmanned aircraft system under this part with Automatic Dependent Surveillance-Broadcast
(ADS-B) Out equipment in transmit mode.
Issued in Washington, DC, under the authority of 49 U.S.C. 106(f),
40101, 40103, 44701(a)(5),
44805, 44809, and section 2202 of Pub. L. 114-190, on December 20,
2019.
Steve Dickson,
319
Administrator.
[FR Doc. 2019-28100 Filed: 12/26/2019 11:15 am; Publication Date:
12/31/2019]

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