• FAA Proposes Rule To Require Remote Identification Of Drones (11/19)

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

    USS retain the remote identification message elements for no more or
    less than six months from
    the date of receiving the message elements. For enforcement actions
    against certificate holders
    under 49 U.S.C. 44709, the Administrator has six months to notify the respondent that the FAA
    will be pursuing enforcement action against him or her pursuant to 49
    CFR 821.33. The FAA
    believes that a six-month retention period is the minimum amount of
    time the FAA needs to
    access the remote identification message elements from the Remote ID
    USS. Additionally, the
    FAA believes that six months represents a balance between security and
    law enforcement
    purposes on the one hand and privacy interests on the other. The FAA
    requests comments on
    170
    whether six months should be the period for retention of the remote identification message
    elements by Remote ID USS.
    One critical element of implementing remote identification would be
    the establishment of
    a cooperative data exchange mechanism between the FAA and Remote ID
    USS. On
    December 20, 2018, the FAA issued a Request for Information (RFI),
    seeking industry
    participation in developing remote identification information
    technology applications and
    informing the Remote ID USS technical terms and conditions.
    75 Working with an industry group
    selected through the RFI, the FAA intends to establish the
    technological interfaces between
    Remote ID USS and the FAA, and demonstrate and evaluate a prototype
    remote identification
    capability. The FAA anticipates that Remote ID USS will be available
    to the public by the
    effective date of the final rule.
    C. Data Privacy and Information Security
    The remote identification message elements that operators would be
    required to transmit
    to a Remote ID USS under this rule would be considered publicly
    accessible information.
    However, the FAA recognizes the need for privacy of other information
    that may be voluntarily
    provided to a Remote ID USS by an operator, particularly where an
    operator would use the
    Remote ID USS for other value-added services. The FAA would not have
    access to information
    collected by Remote ID USS other than the remote identification
    information required by this
    rule.

    75 The FAA UAS Remote Identification Request for Information (RFI),
    issued December 20, 2018 and amended
    January 31, 2019 is available at https://faaco.faa.gov/index.cfm/announcement/view/32514.
    171
    The MOA signed by Remote ID USS would require it to agree to privacy protections of
    any data that the Remote ID USS would not have received but for its qualification as a Remote
    ID USS. This data would include personally identifiable information
    received from operators.
    The FAA expects that the MOA would require user permission for any
    data sharing or additional
    information gathered by the Remote ID USS. Prospective Remote ID USS
    would also be
    reviewed for consistency with national security and cybersecurity
    requirements and export
    administration regulations.
    The remote identification message elements transmitted by a standard
    remote
    identification UAS or limited remote identification UAS to a Remote ID
    USS may be available
    to the general public. Remote ID USS would be required to provide to
    the public, for no cost, the
    UAS Identification message element, either the UAS serial number or
    session ID. At this time,
    the FAA does not intend to make registration data held under 14 CFR
    part 48 available to
    Remote ID USS or the general public. The FAA would provide
    registration data associated with
    a particular serial number or session ID only to law enforcement or
    the Federal Government. The
    FAA welcomes comments on whether it should provide some fields in the registration database
    to some or all Remote ID USS for use by law enforcement or the Federal Government.
    For standard remote identification UAS, in addition to transmitting
    the message elements
    to the Remote ID USS, the unmanned aircraft would broadcast the
    message elements using radio
    frequency spectrum in accordance with 47 CFR part 15 that is
    compatible with personal wireless
    devices. This means that any of the message elements that are
    broadcast directly from the
    unmanned aircraft could be received by commonly available consumer
    cellular phone, tablet, or
    other wireless device capable of receiving that broadcast. Therefore,
    any message element that is
    broadcast would be publicly available.
    172
    All FAA information systems are bound by the security standards found
    in
    FAA Order 1370.121, FAA Information Security and Privacy Program &
    Policy. This order
    defines the minimum standards for data encryption, privacy protection,
    and cybersecurity
    controls. To address the security of information maintained by third
    party systems (e.g., USS
    information systems), the FAA would adopt National Institute of
    Standards and Technology
    (NIST) standards to ensure compliance with their requirements and
    guidelines where appropriate
    and would include them in the technical parameters required by the
    MOA. The Remote ID USS
    and UAS producers would be responsible for ensuring that UAS remote identification data and
    connections would be protected against cyber-attacks.
    XV. FAA-Recognized Identification Areas
    The FAA is proposing a means for UAS that do not meet the requirements
    of standard
    remote identification UAS under § 89.110 or limited remote
    identification UAS under § 89.115
    to comply with the intent of this rule. In § 89.120, the FAA is
    proposing to allow UAS to operate
    without remote identification equipment if they do so within visual
    line of sight and within
    certain defined geographic areas approved by the FAA, called
    FAA-recognized identification
    areas. For UAS not equipped with Remote ID, the way to identify and
    comply with the intent of
    the remote identification rule is to operate within the FAA-recognized identification areas. The
    intent is to minimize the regulatory burden for operators of UAS that
    do not have remote
    identification equipment, while still meeting the intent of the rule.
    This proposal would not
    preclude UAS with remote identification from operating in or
    transiting the airspace over FAArecognized identification areas; it
    would simply limit UAS with no remote identification
    equipment from operating anywhere else.
    173
    UAS with remote identification equipment that operate in or transit
    the airspace over
    FAA-recognized identification areas would be required to comply with
    the applicable remote
    identification requirements in § 89.105(a) for standard remote
    identification UAS or § 89.105(b)
    for limited remote identification UAS. Some UAS manufacturers may
    offer an option to modify
    a UAS originally manufactured without remote identification to become
    compliant with the
    requirements for a standard remote identification UAS or limited
    remote identification UAS. For
    example, a UAS manufacturer may offer a software update that would
    turn the UAS into a
    standard or limited remote identification UAS. A UAS that is modified
    to have remote
    identification capability must remotely identify throughout its
    operation, regardless of where it is
    operated. This means that the operator of a modified UAS would have to
    follow the requirements
    for remotely identifying everywhere, even when flying at
    FAA-recognized identification areas,
    including transmitting to a Remote ID USS. Operators of modified UAS
    would be required to
    subscribe to a Remote ID USS to operate anywhere where internet
    connectivity is available,
    including within an FAA-recognized identification area. The FAA seeks
    comments on this
    requirement.
    The FAA recognizes that UAS flying sites exist today without a
    significant impact on
    aviation safety. As proposed in § 89.205, only a community based
    organization (CBO)
    recognized by the Administrator would be eligible to apply for the establishment of a flying site
    as an FAA-recognized identification area to enable operations of UAS
    without remote
    identification within those areas. For clarification purposes, the
    concept of FAA-recognized
    identification areas proposed in this rule is different and
    independent from the fixed-site concept
    in 49 U.S.C. 44809(c)(1) and a fixed site would not automatically be
    approved as an FAArecognized identification area.
    174
    The FAA would maintain a list of FAA-recognized identification areas
    at
    https://www.faa.gov. The location of FAA-recognized identification
    areas would be made
    available to the public to: (1) advise UAS operators of where
    operations of UAS without remote
    identification are permitted; (2) advise both manned and unmanned
    aircraft operators of where
    operations of UAS without remote identification are taking place; and
    (3) inform security and
    law enforcement agencies of where operations of UAS without remote identification are taking
    place. Operators of UAS with remote identification would be able to
    avoid these locations if they
    prefer to operate in areas where there are no UAS without remote identification. Law
    enforcement and security personnel would be able to identify if a
    suspect UAS has remote
    identification and, if not, determine if it is legally operating
    within an FAA-recognized
    identification area.
    The FAA is proposing to accept applications for FAA-recognized
    identification areas
    within 12 calendar months of the effective date of a final rule. At
    the end of that 12-month
    period, no new applications for FAA-recognized identification areas
    would be accepted. After
    that date, the number of FAA-recognized identification areas could
    therefore only remain the
    same or decrease. Over time, the FAA anticipates that most UAS without
    remote identification
    will reach the end of their useful lives or be phased out. As these
    numbers dwindle, and as
    compliance with remote identification requirements becomes cheaper and
    easier, the number of
    UAS that need to operate only at FAA-recognized identification areas
    would likely drop
    significantly.
    Operating within FAA-recognized identification areas would not provide
    relief from
    other applicable Federal, State, or local laws, ordinances, or
    regulations, nor would they provide
    any authorization to operate. Operators would remain obligated to
    comply with all relevant
    175
    requirements. The FAA is not proposing any additional or specific
    operating rules for operations
    within the bounds of FAA-recognized identification areas.
    A. Eligibility
    The FAA proposes in § 89.205 to only allow a CBO recognized by the Administrator to
    apply for the establishment of an FAA-recognized identification area.
    For purposes of this rule, a
    CBO shall have the meaning ascribed to the term in 49 U.S.C. 44809.76
    Persons requesting the establishment of an FAA-recognized
    identification area would do
    so using an online process. The FAA is currently working on Advisory
    Circular (AC) 91-57C,
    Unmanned Aircraft Systems – Recreational Operating Standards, which,
    among other things,
    provides the process by which the FAA will recognize an organization
    as a Community Based
    Organization (CBO). The matters addressed in AC 91-57C directly relate
    to areas beyond remote
    identification of unmanned aircraft systems (e.g., limited
    recreational operations of unmanned
    aircraft) so the FAA intends to publish AC 91-57C in an independent
    docket for public comment
    and expects to finalize it prior to the publication of the final rule
    that follows this notice of
    proposed rulemaking. One person would be permitted to request multiple
    sites be established,
    provided that person could demonstrate that he or she has the
    authority to request establishment
    on behalf of each site.

    76 49 U.S.C. 44809 defines a “community based organization” as a membership-based association entity that-- (1) is
    described in section 501(c)(3) of the Internal Revenue Code of 1986;
    (2) is exempt from tax under section 501(a) of
    the Internal Revenue Code of 1986; (3) the mission of which is
    demonstrably the furtherance of model aviation; (4)
    provides a comprehensive set of safety guidelines for all aspects of
    model aviation addressing the assembly and
    operation of model aircraft and that emphasize safe aeromodelling
    operations within the national airspace system
    and the protection and safety of individuals and property on the
    ground, and may provide a comprehensive set of
    safety rules and programming for the operation of unmanned aircraft
    that have the advanced flight capabilities
    enabling active, sustained, and controlled navigation of the aircraft
    beyond visual line of sight of the operator; (5)
    provides programming and support for any local charter organizations, affiliates, or clubs; and (6) provides
    assistance and support in the development and operation of locally
    designated model aircraft flying sites.
    176
    B. Process to Request an FAA-Recognized Identification Area
    Under the proposed § 89.210, a request to establish an FAA-recognized identification
    area would have to be submitted within 12 calendar months from the
    effective date of a final rule
    and would have to include certain specified information, including at
    a minimum:
    ? The name of the CBO requesting the FAA-recognized identification
    area.
    ? A declaration that the person making the request has the authority
    to act on behalf of
    the CBO.
    ? The name and contact information of the primary point of contact for communications with the FAA.
    ? The physical address of the proposed FAA-recognized identification
    area.
    ? The latitude and longitude coordinates delineating the geographic
    boundaries of the
    proposed FAA-recognized identification area.
    ? If applicable, a copy of any existing letter of agreement regarding
    the flying site.
    77
    The process to request establishment of an FAA-recognized
    identification area would
    include an FAA review of each application to verify safety, security,
    and eligibility criteria are
    met. The FAA could require additional information or documentation, as
    needed, to supplement
    the request for establishment of an FAA-recognized identification
    area. Under § 89.215, the
    Administrator may take into consideration the following matters when
    reviewing a request for
    establishment of an FAA-recognized identification area:

    77 Facility guidance for development of letters of agreement is
    outlined in FAA JO 7210.3, Chapter 4,
    Section 3. Letters of agreement are formally developed between the ATC
    facility and the CBO. They establish items
    such as the CBO operating areas (horizontal/vertical dimensions),
    coordination procedures, hours of operation, and
    emergency procedures (e.g., lost link).
    177
    ? The effects on existing or contemplated airspace capacity.
    ? The effect on critical infrastructure, existing or proposed manmade
    objects,
    natural objects, or the existing use of the land, within or close to
    the FAArecognized identification area.
    ? The safe and efficient use of airspace by other aircraft.
    ? The safety and security of persons or property on the ground.
    The FAA would maintain a list of FAA-recognized identification areas
    at
    https://www.faa.gov.
    The FAA solicits comment on whether the proposed 12 month deadline for
    applying for
    an FAA-recognized identification area should be extended. The
    responses should include
    specific reasons for why or why not the time period should be
    extended.
    C. Amendment
    Under § 89.220, any change to the information submitted in a request
    for establishment
    of an FAA-recognized identification area would have to be submitted to
    the FAA within 10
    calendar days of the change. Such changes would include, but not be
    limited to, a change to the
    point of contact for the FAA-recognized identification area, or a
    change to the CBO’s affiliation
    with the FAA-recognized identification area. A request to change the
    geographic boundaries of
    the FAA-recognized identification area may be submitted to the FAA for
    review and approval.
    Any change to the information submitted to the Administrator would be
    reviewed under § 89.215
    and could result in the termination of the FAA-recognized
    identification area pursuant to
    § 89.230. The FAA may terminate an FAA-recognized identification area
    for cause or upon a
    finding that the FAA-recognized identification area may pose a risk to
    aviation safety, public
    178
    safety, or national security, a finding that the FAA-recognized
    identification area is no longer
    associated with a community based organization recognized by the
    Administrator, or a finding
    that the person who submitted a request for establishment of an
    FAA-recognized identification
    area provided false or misleading information during the submission,
    amendment, or renewal
    process.
    D. Duration of an FAA-Recognized Identification Area
    Under proposed § 89.225, the term of an FAA-recognized identification
    area would be 48
    calendar months after the date the FAA approves the request for
    establishment of an FAArecognized identification area.
    A person wishing to renew the establishment of an FAA-recognized
    identification area
    would have to submit a request for renewal no later than 120 days
    before the expiration date. If a
    request for renewal is submitted after that time but prior to the
    expiration date, the Administrator
    could choose not to consider the request. Requests for renewal
    submitted after the expiration date
    of the designation would not be considered by the Administrator.
    E. Expiration and Termination
    Unless renewed, an FAA-recognized identification area would be
    automatically cancelled
    as of the day immediately after its expiration date.
    Under proposed § 89.230(b)(1), if a CBO wanted to terminate an
    FAA-recognized
    identification area prior to the expiration date, it would do so by
    submitting a request for
    termination to the Administrator. Once the CBO has terminated an
    FAA-recognized
    identification area, the CBO may not reapply to have that flying site reestablished as an FAA-
    179
    recognized identification area and that site would no longer be
    eligible to be an FAA-recognized
    identification area. The FAA seeks comment on this approach.
    Under proposed § 89.230(b)(2), the FAA would be able to terminate an FAA-recognized
    identification area for any reason, including but not limited to a
    finding that the designation
    could pose a risk to aviation safety, public safety, or national
    security or that the person who
    submitted a request for establishment of an FAA-recognized
    identification area provided false or
    misleading information during the submission, amendment, or renewal
    process. Once an FAArecognized identification area is terminated by
    the FAA, a CBO may not reapply to have the
    associated flying site reestablished as an FAA-recognized
    identification area.
    F. Petition to Reconsider the FAA’s Decision to Terminate and
    FAA-Recognized Identification
    Area
    Under § 89.230(c), a person whose FAA-recognized identification area
    has been
    terminated by the FAA would be able to petition for reconsideration by submitting a request for
    reconsideration within 30 calendar days of the date of issuance of the termination.
    XVI. Use of ADS-B Out and Transponders
    Section 91.225 requires aircraft to be equipped with ADS-B Out by the
    year 2020
    when operating in certain parts of the airspace of the United States,
    including Class A, Class
    B, Class C, and Class E airspace above 10,000 feet mean sea level. Additionally, any
    aircraft equipped with ADS-B Out must have that equipment on and
    operating at all times,
    regardless of airspace. UAS operated under part 107 are not required
    to meet the part 91
    ADS-B Out equipage requirement but are currently not prohibited from
    doing so.
    180
    A recent study showed that the existing ADS-B frequencies cannot
    support the projected
    number of UAS operations, which is likely to vastly exceed estimates
    for future manned aircraft
    operations (e.g., unmanned aircraft counts could be 5-10 times that of
    manned aircraft in the
    same airspace volume).78 This study’s projections led the FAA to
    reevaluate current
    regulations and policies regarding ADS-B Out for UAS. The FAA is
    concerned that the
    potential proliferation of ADS-B Out transmitters on UAS may
    negatively affect the safe
    operation of manned aircraft in the airspace of the United States.
    The current ADS-B system (which uses two radio frequencies: 978
    megahertz (MHz)
    and 1090 MHz) does not have capacity for significant growth. The 1090
    MHz frequency is
    also used by the Air Traffic Control Radio Beacon System (ATCRBS),
    Traffic Alert and
    Collision Avoidance System (TCAS), and Department of Defense IFF (Identification,
    Friend or Foe) systems. These systems are already experiencing
    interference and other
    issues in high density areas such as the Northeast corridor and the
    Los Angeles area. The
    1090 MHz frequency is significantly more congested than the 978 MHz
    frequency. The
    study also looked at the ability of the 978 MHz frequency to support
    small UAS operations
    using reduced power 978 MHz ADS-B Out avionics.79 This study concluded
    that, based on
    the projected number of small unmanned aircraft to be in operation
    going forward, 978 MHz
    could become unusable for manned aircraft in some areas and blind some
    FAA ADS-B
    ground stations, interfering with the ability of the FAA to provide
    ATC separation services.
    Thus, the FAA concluded that the widespread use of ADS-B Out for
    unmanned aircraft, on

    78 Guterres, Michael; Jones, Stanley; Orrell, Greg and Strain, Robert.
    "ADS-B Surveillance System Performance
    With Small UAS at Low Altitudes", AIAA Information Systems-AIAA
    Infotech @ Aerospace, AIAA SciTech
    Forum, (AIAA 2017-1154). https://doi.org/10.2514/6.2017-1154
    79 Id.
    181
    either 978 or 1090 MHz, would interfere with the safe operation of
    manned aircraft in the
    airspace of the United States.
    The FAA is proposing changes to 14 CFR part 91. Under the proposed
    changes, UAS
    operating under part 91 would no longer be mandated to equip with
    ADS-B Out. However, there
    are certain UAS operations for which ADS-B Out would be necessary due
    to existing airspace
    equipage requirements or operational necessities. The FAA proposes to
    require UAS to operate
    ADS-B Out in transmit mode when the person operating UAS is engaged in
    two-way radio
    communication with air traffic control and the operation is conducted
    under a flight plan.
    Additionally, the FAA is proposing to allow the Administrator to
    authorize the use of ADS-B
    Out when appropriate. The FAA envisions that certain unmanned aircraft receiving ATC
    services, such as large UAS operating at high altitudes, would need to
    be equipped with ADS-B
    Out because they will routinely be inhabiting the same airspace as
    manned aircraft and will need
    to be participating in the same air traffic control systems.
    To implement these changes in the specific operating rules, the FAA is proposing to
    amend § 91.215 to prohibit persons from operating an unmanned aircraft
    under part 91 with a
    transponder on, unless the operation is conducted under a flight plan
    and the person operating the
    unmanned aircraft system maintains two-way radio communication with
    air traffic control or
    unless otherwise authorized by the Administrator.
    The FAA is proposing changes to 14 CFR part 107 to generally prohibit
    unmanned
    aircraft from operating with ADS-B Out. The FAA envisions that remote identification would
    provide a similar safety function for unmanned aircraft and provide
    similar situational awareness
    to various stakeholders. The prohibition would allow ADS-B to continue
    to enable the safety of
    airspace for manned aircraft going forward. However, the proposal does
    not prohibit the use of
    182
    ADS-B In, if the ADS-B In equipment is manufactured and installed in
    accordance with FAA
    requirements and guidance.80
    The FAA is proposing to add §§ 107.52 and 107.53 in part 107, to
    prohibit persons from
    operating a small unmanned aircraft with a transponder on or with
    ADS-B Out equipment in
    transmit mode, unless otherwise authorized by the Administrator. These
    changes are in addition
    to the proposed § 89.125 prohibition against using ADS-B Out equipment
    to comply with the
    remote identification requirements of part 89.
    XVII. Proposed Effective and Compliance Dates
    The sooner the remote identification of UAS is required, the sooner
    law enforcement,
    security partners, public safety personnel, and the FAA would be able
    to locate unsafe and
    careless operators, bring an end to the unsafe activity, and educate
    or conduct enforcement
    actions as needed. Until the remote identification of UAS can be
    implemented, most allegedly
    unauthorized UAS sightings remain unverified; incidents remain
    unsolved; and operator
    intention remains unknown, leaving it unclear if the operator is being
    careless or is engaged in
    nefarious activity. Without the remote identification of UAS, security
    and law enforcement
    agencies are left with few options to stop the unauthorized activity
    and address the safety or
    security risk potentially posed by the errant or malicious UAS
    operation.
    The FAA believes expedited implementation and effectivity of this NPRM
    would protect
    the interests of operators of manned aircraft, compliant UAS
    operators, and the security agencies
    charged with protecting lives and property on the ground.
    Additionally, due to the essential role

    80 See Advisory Circulars 20-172B and 90-114A.
    183
    of remote identification of UAS in contributing to the safety and
    efficiency of the airspace, and
    its role as a critical tool in a robust UAS protection security
    regime, the FAA believes the remote
    identification of UAS must be implemented as quickly as possible. In
    addition, UAS remote
    identification is a foundational building block of UTM and a key
    stepping stone to the future
    ability to conduct routine BVLOS operations.
    The FAA proposes a number of requirements for operators and producers
    of UAS with
    remote identification. This rule also includes proposed requirements
    for applying for FAArecognized identification areas. As with most new regulations, the FAA recognizes that some
    elements of this proposal would take time to fully implement. The FAA
    also recognizes it would
    need to quickly implement requirements that address ongoing safety and
    security needs.
    Therefore, the FAA proposes that a final rule finalizing remote
    identification requirements would
    become effective on the first day of the calendar month following 60
    days from the date of
    publication of the final rule that follows this proposal.
    The FAA finds that CBOs can begin to identify flying sites that they
    may wish to apply
    to have established as FAA-recognized identification areas
    immediately. This proposal allows
    time for CBOs to evaluate their needs and organize their applications
    for establishment of their
    flying sites as FAA-recognized identification areas. For that reason,
    the proposal includes a 12
    calendar month period after the effective date of the rule to make
    that application. Applications
    made before the effective date of the rule, or after the 12-month
    period, would not be considered.
    Persons responsible for the production of UAS would not be able to
    submit declarations
    of compliance until the FAA accepts at least one means of compliance.
    Once a means of
    compliance is accepted by the FAA, persons responsible for the
    production of UAS would need
    time to design, develop, and test UAS using that means of compliance.
    For that reason, the
    184
    proposal includes a 24-month period before compliance with the
    production requirements
    proposed in this rule is required. During this 24-month period, UAS
    without remote
    identification can continue to be produced, sold, and operated in the
    United States. It also
    provides time for the development and deployment of Remote ID USS to
    support the
    requirements of the proposed rule. Prior to the 24-month compliance
    date, this proposal allows
    for the production and operation of both UAS with and without remote identification.
    Requirements that prohibit operation of UAS without remote
    identification would begin
    36 months after the effective date of the rule. This 36-month period
    runs concurrently with the
    24-month period provided for the development of means of compliance,
    and for the design,
    production, and sale of UAS with remote identification. Once UAS with
    remote identification
    are widely available, this proposal would allow an additional one-
    year period of time for UAS
    owners and operators to purchase and transition to operations of UAS
    with remote identification.
    The FAA is seeking comments about whether certain UAS operations
    currently
    conducted under waiver, such as operations over people or nighttime
    operations, should be
    required to comply with remote identification prior to being
    authorized under a waiver or
    regulation. For example, should the FAA require UAS to comply with
    remote identification as a
    condition precedent to granting a nighttime waiver or authorizing
    operations over people?
    The following are the FAA’s proposed compliance dates:
    Table 5: Proposed Compliance Dates
    Requirement Compliance Date
    Any non-excepted unmanned
    aircraft weighing more than
    0.55 pounds must have an
    FAA-accepted declaration of
    compliance (89.510)
    First day of the month
    following 24 months after the
    effective date
    Serial number added to
    185
    unmanned aircraft
    registration
    Requirement to remotely
    identify (89.105)
    First day of the month
    following 36 months after the
    effective date
    The serial number of any UA
    required to be registered must
    be listed on an FAA-accepted
    declaration of compliance or
    the UA can only be flown
    within an FAA-recognized
    identification area
    (89.110(c)(1) and
    89.115(c)(1))
    First day of the month
    following 36 months after the
    effective date
    Submit an application for
    establishment of an FAArecognized identification area
    (89.210)
    First day of the month
    following 12 months after the
    effective date
    The FAA believes that early compliance may benefit both industry and
    UAS operators
    and encourages regulated parties to implement remote identification of
    UAS sooner than the
    compliance dates established in this proposed rule. The FAA invites
    comments providing
    specific proposals and ideas on how to build an early compliance
    framework into the regulation.
    The agency is interested in comments related to how an early
    compliance framework would
    work and how it would fit into the overarching remote identification
    framework proposed by the
    FAA.
    The FAA would also consider providing incentives that the FAA can
    reasonably provide
    to parties that adopt remote identification as early as possible. The
    FAA invites comments on
    possible incentives for early compliance.
    186
    XVIII. Proposed Guidance Documents
    The FAA is proposing several guidance documents to supplement the
    requirements
    proposed in this rule. Copies of the draft guidance documents are
    included in the docket for this
    rulemaking. The FAA invites comments regarding these draft advisory
    materials.
    The FAA is proposing a new advisory circular, Means of Compliance
    Process for Remote
    Identification of Unmanned Aircraft Systems. This advisory circular
    provides guidance on the
    means of compliance process described in part 89. This AC outlines the
    required information for
    submitting a means of compliance.
    The FAA is proposing a new Advisory Circular, Declaration of
    Compliance Process for
    Remote Identification of Unmanned Aircraft Systems. This advisory
    circular provides guidance
    on the declaration of compliance process described in part 89. This AC
    outlines the required
    information for submitting a declaration of compliance.
    The FAA is proposing to revise AC 107-2, Small Unmanned Aircraft
    Systems, to
    describe the requirements of remote identification. The draft AC also
    describes where the various
    small UAS would be permitted to operate.
    As noted, the FAA would update the Airman Certification Standards and
    remote pilot test
    questions to reflect the new regulatory requirements regarding remote identification.
    The FAA is proposing a new Advisory Circular for FAA-recognized
    identification areas.
    This advisory circular provides guidance to persons requesting the establishment of an FAArecognized identification area under § 89.210.
    This AC also provides guidance for persons
    responsible for FAA-recognized identification areas, as well as

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