Remote Identification of Unmanned Aircraft Systems, 72438-72524 [2019-28100]

Download as PDF 72438 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 47, 48, 89, 91, and 107 [Docket No.: FAA–2019–1100; Notice No. 20–01] RIN 2120–AL31 Table of Contents Remote Identification of Unmanned Aircraft Systems Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking. AGENCY: This action would require the remote identification of unmanned aircraft systems. The remote identification of unmanned aircraft systems in the airspace of the United States would address safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States while also enabling greater operational capabilities. DATES: Send comments on or before March 2, 2020. ADDRESSES: Send comments identified by docket number FAA–2019–1100 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov. Docket: Background documents or comments received may be read at https://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. khammond on DSKJM1Z7X2PROD with PROPOSALS2 SUMMARY: VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Ben Walsh, Flight Technologies and Procedures Division, Federal Aviation Administration, 470 L’Enfant Plaza SW, Suite 4102, Washington, DC 20024; telephone 1–844–FLY–MY–UA; email: UASRemoteID@faa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Executive Summary A. Introduction and Overview B. Purpose of the Regulatory Action C. Summary of the Proposed Rule D. Summary of Costs and Benefits E. Structure of This Proposed Rule II. Authority for This Rulemaking III. Integration of UAS Into the Airspace of the United States IV. Need for Remote Identification of UAS Operating in the Airspace of the United States A. Maintaining the Safety and Efficiency of the Airspace of the United States B. Unmanned Aircraft Systems Traffic Management (UTM) C. Facilitating Beyond Visual Line of Sight Operations D. National Security and Law Enforcement Efforts V. Related International Activities VI. Aviation Rulemaking Committee A. ARC Recommendations Final Report B. FAA Response to ARC Report VII. Terms Used in this Proposed Rule VIII. Applicability of Remote Identification Requirements IX. Changes to Registration Requirements A. Registration Under Part 47 B. Registration Under Part 48 C. Issues With the Current Registration Requirements and Proposed Changes D. Proposed Changes to the Registration Requirements To Require a Serial Number and Telephone Number as Part of the Registration Process E. Request for Comments Regarding Serial Number Requirements F. Serial Number Marking X. Operating Requirements for Remote Identification A. Requirement To Broadcast or Transmit B. Prohibition from Using ADS–B To Satisfy Remote Identification Requirements C. Internet Availability and Transmission to a Remote ID USS D. In-flight Loss of Connectivity with a Remote ID USS or Loss of Functionality E. Valid Declaration of Compliance F. Foreign Registered Civil Unmanned Aircraft Operated in the United States G. Example Operating Scenarios XI. Law Enforcement Access to Remote Identification and Registration Information XII. Means of Compliance A. Introduction B. Applicability C. Remote Identification Message Elements D. Minimum Performance Requirements E. Other Performance Requirements Considered F. Submission and FAA Acceptance of Means of Compliance PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 G. Rescission of a Means of Compliance H. Record Retention Requirements XIII. Design and Production Requirements A. Applicability and Summary of Requirements B. Requirement To Issue Serial Numbers C. Requirement To Label UAS D. Requirement for a UAS To Be Designed and Produced Using an FAA-Accepted Means of Compliance E. Requirement To Submit a Declaration of Compliance F. Accountability XIV. Remote Identification UAS Service Suppliers A. UAS Service Suppliers (USS) B. Remote ID USS C. Data Privacy and Information Security XV. FAA-Recognized Identification Areas A. Eligibility B. Process to Request an FAA-Recognized Identification Area C. Amendment D. Duration of an FAA-Recognized Identification Area E. Expiration and Termination F. Petition To Reconsider the FAA’s Decision To Terminate and FAARecognized Identification Area XVI. Use of ADS–B Out and Transponders XVII. Proposed Effective and Compliance Dates XVIII. Proposed Guidance Documents XIX. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Determination C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility and Cooperation G. Environmental Analysis XX. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13211, Regulations that Significantly Affect Energy Supply, Distribution, or Use C. Executive Order 13609, Promoting International Regulatory Cooperation XXI. Tribal Considerations XXII. Privacy XXIII. Additional Information A. Comments Invited B. Confidential Business Information C. Availability of Rulemaking Documents D. Small Business Regulatory Enforcement Fairness Act List of Abbreviations Frequently Used in This Document AC—Advisory Circular ADS–B—Automatic Dependent SurveillanceBroadcast ARC—Aviation Rulemaking Committee ATC—Air traffic control BVLOS—Beyond visual line of sight DOT—U.S. Department of Transportation FAA—Federal Aviation Administration GPS—Global Positioning System ICAO—International Civil Aviation Organization IFR—Instrument flight rules MOA—Memorandum of Agreement OMB—Office of Management and Budget UAS—Unmanned aircraft system USS—UAS service supplier E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules UTM—Unmanned aircraft systems traffic management I. Executive Summary A. Introduction and Overview khammond on DSKJM1Z7X2PROD with PROPOSALS2 This proposed rule would establish requirements for the remote identification of unmanned aircraft systems (UAS) 1 operated in the airspace of the United States. Remote identification (or Remote ID) is the ability of an unmanned aircraft in flight to provide certain identification and location information that people on the ground and other airspace users can receive. This is an important building block in the unmanned traffic management ecosystem. For example, the ability to identify and locate UAS operating in the airspace of the United States provides additional situational awareness to manned and unmanned aircraft. This will become even more important as the number of UAS operations in all classes of airspace increases. In addition, the ability to identify and locate UAS provides critical information to law enforcement and other officials charged with ensuring public safety. While remote identification alone will not enable routine expanded operations such as operations over people or beyond visual line of sight, it is a critical element for building unmanned traffic management capabilities. The FAA envisions that the remote identification network will form the foundation for the development of other technologies that can enable expanded operations. Full implementation of remote identification relies on three interdependent parts that are being developed concurrently. The first is this proposed rule, which establishes operating requirements for UAS operators and performance-based design and production standards for producers of UAS. The second is a network of Remote ID UAS Service Suppliers (Remote ID USS) that would collect the identification and location in real-time from in-flight UAS. The Remote ID USS would perform this service under contract with the FAA, based on the same model the FAA currently uses for the Low Altitude Authorization and 1 The FAA does not use the terms unmanned aircraft system and unmanned aircraft interchangeably. The FAA uses the term unmanned aircraft as defined in 14 CFR 1.1 to refer specifically to the unmanned aircraft itself. The FAA uses the term unmanned aircraft system to refer to both the unmanned aircraft and any communication links and components that control the unmanned aircraft. As explained in section VII of this proposed rule, the FAA is proposing to add the definition of unmanned aircraft system to part 1 of 14 CFR. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Notification Capability (LAANC).2 The third part of the remote identification ecosystem is the collection of technical requirements that standards-setting organizations will develop to meet the performance-based design and production requirements in this proposed rule. All UAS operating in the airspace of the United States, with very few exceptions, would be subject to the requirements of this rule. All UAS operators would be required to comply regardless of whether they conduct recreational or commercial operations, except those flying UAS that are not otherwise required to be registered under the FAA’s existing rules. All UAS produced for operation in the airspace of the United States would have to comply with the design and production requirements established in this proposal with exceptions for amateurbuilt UAS, UAS of the United States government, and unmanned aircraft that weigh less than 0.55 pounds. This proposal establishes design and production requirements for two categories of remote identification: Standard remote identification UAS and limited remote identification UAS. Standard remote identification UAS would be required to broadcast identification and location information directly from the unmanned aircraft and simultaneously transmit that same information to a Remote ID USS through an internet connection. Limited remote identification UAS would be required to transmit information through the internet only, with no broadcast requirements; however, the unmanned aircraft would be designed to operate no more than 400 feet from the control station. Under this proposal, the vast majority of UAS would be required to comply with one of these two categories of remote identification. For those limited exceptions, which include certain amateur-built UAS and UAS manufactured prior to the compliance date, operators flying UAS without remote identification capabilities would be permitted to fly only at certain specific geographic areas established under this rule specifically to accommodate them. This proposal envisions that within three years of the effective date of this rule, all UAS operating in the airspace of the United States will be compliant 2 For more information on LAANC, consult https://www.faa.gov/uas/programs_partnerships/ data_exchange/. On December 20, 2018, the FAA issued a request for information (RFI) seeking data exchange strategies and demonstrations for potential Remote ID USS. For more information on the RFI, consult https://faaco.faa.gov/index.cfm/ announcement/view/32514. PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 72439 with the remote identification requirements. No UAS could be produced for operation in the United States after two years and no UAS could be operated after three years except in accordance with the requirements of this proposal. Details on the requirements and their applicability are in the sections that follow. B. Purpose of the Regulatory Action The FAA is integrating unmanned aircraft systems (UAS) operations into the airspace of the United States through a phased, incremental, and riskbased approach.3 On June 28, 2016, the FAA achieved a major step towards UAS integration when it published the final rule for Operation and Certification of Small Unmanned Aircraft Systems.4 This was one of multiple UAS-related regulatory actions taken by the FAA to enable the safe integration of UAS into the airspace of the United States. As technology progresses and the utility of UAS increases, the FAA anticipates a need for further rulemaking to continue to foster the safe, secure, and efficient use of the airspace of the United States. The FAA believes that the next step in the regulatory process is to develop regulatory requirements that enable the remote identification of UAS operating in the airspace of the United States. The remote identification of UAS is necessary to ensure public safety and the safety and efficiency of the airspace of the United States. The remote identification framework would provide UAS-specific data, which could be used in tandem with new technologies and infrastructure to facilitate future, more advanced operational capabilities (such as detect-and-avoid and aircraft-toaircraft communications that support beyond visual line of sight operations) and to develop the necessary elements for comprehensive UAS traffic management (UTM). Furthermore, remote identification of UAS would provide airspace awareness to the FAA, national security agencies, and law enforcement entities. This information could be used to distinguish compliant airspace users from those potentially posing a safety or security risk. Current rules for registration and marking of unmanned aircraft facilitate the identification of the owners of unmanned aircraft, but normally only upon physical examination of the aircraft. Existing electronic surveillance technologies like transponders and Automatic Dependent Surveillance3 Consult https://www.faa.gov/uas for additional information regarding UAS operations. 4 81 FR 42064. E:\FR\FM\31DEP2.SGM 31DEP2 72440 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 Broadcast (ADS–B), in addition to radio communications with air traffic control (ATC), were all considered as potential solutions for the remote identification of UAS but were determined to be unsuitable due to the lack of infrastructure for these technologies at lower altitudes and the potential saturation of available radio frequency spectrum. The FAA proposes to address the identification issues associated with UAS by requiring the use of new services and technology to enable the remote identification of UAS. The proposed remote identification requirements are consistent with the FAA’s safety mission of overseeing and promoting safety in air commerce and national security as well as promoting the safe and efficient use of the navigable airspace. The newly-available information would serve the public interest of enhancing safety, efficiency, and security in air commerce by creating situational awareness of all UAS flying in the airspace of the United States, which would allow additional and more complex UAS operations to take place. Remote identification would also strengthen the FAA’s oversight of UAS operations and support efforts of law enforcement and national security agencies to address and mitigate disruptive behavior and hazards, which may threaten the safety and security of the airspace of the United States, other UAS, manned aviation, and persons and property on the ground. Remote identification information provided in near real-time would also assist Federal security partners in threat discrimination—allowing them to identify an operator and make an informed decision regarding the need to take actions to mitigate a perceived security or safety risk. The proposed rule would enhance the FAA’s ability to monitor compliance with applicable regulations; would contribute to the FAA’s ability to undertake compliance, enforcement, and educational actions required to mitigate safety risks; and would advance the safe integration of UAS into the airspace of the United States. C. Summary of the Proposed Rule This proposed rule provides a framework for remote identification of all UAS operating in the airspace of the United States. The rule would facilitate the collection and storage of certain data such as identity, location, and altitude regarding an unmanned aircraft and its control station. The FAA is proposing to tie the remote identification requirements to the registration of unmanned aircraft because the FAA and law enforcement VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 agencies have a need to correlate remote identification and registration data. The proposed rule would therefore impose operating requirements on persons operating unmanned aircraft registered or required to be registered under title 14, Code of Federal Regulations (CFR), part 47 or part 48, and on persons operating foreign civil unmanned aircraft in the United States. The proposed rule would also impose requirements on persons applying for and using FAA-recognized identification areas (areas specifically recognized by the FAA where UAS without remote identification equipment could operate) and requirements for persons developing means of compliance (e.g., standards) that describe how a UAS would be designed and produced to meet the performance requirements proposed in this rule. Finally, the proposed rule would require persons designing and producing UAS with remote identification for operations in the United States to produce them using an FAA-accepted means of compliance. UAS owners, UAS operators (including pilots, remote pilots, recreational flyers, and other persons manipulating the flight controls of UAS), UAS designers and producers, developers of remote identification means of compliance, and Remote Identification UAS Service Suppliers (Remote ID USS) would have important roles in the remote identification of UAS. The subsections that follow describe the roles and responsibilities of each of these groups within the scope of the proposed rule. 1. UAS Owners The FAA proposes to revise the registration requirements to require all owners of unmanned aircraft to register each unmanned aircraft individually when registering under part 48. Furthermore, the owners of standard or limited remote identification unmanned aircraft would have to provide the serial number of all unmanned aircraft registered under part 47 or part 48, on or before the 36th month after the effective date of the final rule. The serial number would establish the unique identity of the unmanned aircraft. The serial number provided during registration or re-registration would have to be issued by the producer of the unmanned aircraft and comply with the ANSI/CTA–2063–A serial number standard. Owners of unmanned aircraft used exclusively for limited recreational PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 operations 5 who currently register multiple aircraft under a single registration number would be required to register each aircraft, individually by manufacturer, model, and, if the unmanned aircraft is a standard or limited remote identification unmanned aircraft, the aircraft’s serial number, on or before the 36th month after the effective date of the final rule. The owners of small unmanned aircraft registered after the effective date of the final rule would have to comply with the new registration requirements prior to the operation of the unmanned aircraft. The registration requirements are discussed in section IX of this preamble. 2. UAS Operators i. Remote Identification Operating Requirements Under the proposed rule, a person operating a UAS in the airspace of the United States would have to meet the remote identification requirements in one of three ways, depending upon the capabilities of the UAS, on or before the 36th month after the effective date of the final rule. a. Standard Remote Identification UAS For purposes of this proposed rule, a ‘‘standard remote identification UAS’’ is a UAS with remote identification equipment capable of both: (1) Connecting to the internet and transmitting through that internet connection to a Remote ID USS; and (2) broadcasting directly from the unmanned aircraft. Standard remote identification UAS are discussed further in section X.A.1 of this preamble. Any person operating a standard remote identification UAS would be required to ensure: • The UAS was designed and produced to meet the minimum performance requirements of the rule using an FAA-accepted means of compliance for standard remote identification UAS. Persons would be able to meet this obligation by ensuring that the serial number of the standard remote identification UAS is listed on an FAA-accepted declaration of compliance. A person operating a UAS would be able to read the label on the aircraft indicating whether the UAS is a 5 This proposal uses the term ‘‘limited recreational operations’’ when discussing current registration requirements under part 48. Part 48 uses the term ‘‘model aircraft’’ to describe recreational UAS operations. The FAA considers that model aircraft under part 48 are consistent with the ‘‘limited recreational operations’’ described in 49 U.S.C. 44809, therefore ‘‘limited recreational operations’’ has been used throughout to ensure consistency of terminology with current statutory requirements. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 standard or limited remote identification UAS. Additionally, a person could determine whether the UAS is listed on an FAA-accepted declaration of compliance by verifying the status on the FAA’s website. The standard remote identification UAS broadcasts the remote identification message elements directly from the unmanned aircraft from takeoff to landing. • When the internet is available at takeoff, the standard remote identification UAS connects to the internet and transmits the required message elements through that internet connection to a Remote ID USS. The required message elements include, among others, a UAS Identification to establish the unique identity of the UAS. Operators would have to choose whether to use the serial number of the unmanned aircraft or a session ID (e.g., a randomly-generated alphanumeric code assigned by a Remote ID USS on a per-flight basis designed to provide additional privacy to the operator) as the UAS Identification. The required message elements are discussed in section XII.C of this preamble. A person could operate a standard remote identification UAS only if: (1) It has a serial number that is listed on an FAA-accepted declaration of compliance; (2) its remote identification equipment is functional and complies with the requirements of the proposed rule from takeoff to landing; and (3) its remote identification equipment and functionality have not been disabled. b. Limited Remote Identification UAS For purposes of this proposed rule, a ‘‘limited remote identification UAS’’ is a UAS that: (1) Is designed and produced to restrict operation to no more than 400 feet from its control station; (2) is capable of connecting to the internet and transmitting the remote identification message elements through that internet connection to a Remote ID USS; and (3) cannot broadcast remote identification message elements. Limited remote identification UAS are discussed further in section X.A.2 of this preamble. Persons operating a limited remote identification UAS would be required to operate within visual line of sight and ensure that: • The UAS was designed and produced to meet the minimum performance requirements of the rule using an FAA-accepted means of compliance for a limited remote identification UAS. Persons would be able to meet this obligation by ensuring that the serial number of the limited remote identification UAS is listed on VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 an FAA-accepted declaration of compliance. Additionally, a person could determine whether the UAS is listed on an FAA-accepted declaration of compliance by verifying the status on the FAA’s website. • From takeoff to landing, the limited remote identification UAS connects to the internet and transmits the required remote identification message elements through that internet connection to a Remote ID USS. The required message elements would include, among others, a UAS Identification to establish the unique identity of the UAS. Operators would have to choose whether to use the unmanned aircraft’s serial number or a session ID assigned by a Remote ID USS as the UAS Identification. The required message elements are discussed in section XII.C of this preamble. A person could operate a limited remote identification UAS only if: (1) it has a serial number that is listed on an FAA-accepted declaration of compliance; (2) its remote identification equipment is functional and complies with the requirements of the proposed rule from takeoff to landing; and (3) its remote identification equipment and functionality have not been disabled. Examples of the use of limited remoted identification UAS are further discussed in section X.G of this preamble. c. UAS Without Remote Identification Equipment Under the proposed rule, the vast majority of UAS would be required to have remote identification capability, however as discussed in section X. A. 3, a limited number of UAS would continue to not have remote identification. The FAA envisions that upon full implementation of this rule, no unmanned aircraft weighing more than 0.55 pounds will be commercially available that is not either a standard remote identification UAS or a limited remote identification UAS. However, there will be certain UAS including amateur built aircraft and previously manufactured UAS that might not have remote identification capability. A person operating a UAS without remote identification equipment would always be required to operate within visual line of sight 6 and within an FAA-recognized identification area. Under the proposed rule, an FAA-recognized identification 6 While this proposed rule does not propose any changes to requirements related to beyond visual line of sight (BVLOS) operations, the FAA intends for the rule to be dynamic to account for future changes related to line of sight operations. The FAA specifically notes that this rulemaking requires UAS without remote identification equipment to always be operated within line of sight. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 72441 area is a defined geographic area where UAS without remote identification can operate. An area would be eligible for establishment as an FAA-recognized identification area if it is a flying site that has been established within the programming of a community based organization recognized by the Administrator. The FAA would maintain a list of FAA-recognized identification areas at https:// www.faa.gov. FAA-recognized identification areas are discussed further in section XV of this preamble. ii. Prohibition Against the Use of ADS– B Out and Transponders The proposed rule also prohibits use of ADS–B Out and transponders for UAS operations under 14 CFR part 107 and part 91 unless otherwise authorized by the FAA. 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 projected numbers of UAS operations have the potential to saturate available ADS–B frequencies, affecting ADS–B capabilities for manned aircraft and potentially blinding ADS–B ground receivers. The FAA is therefore proposing that UAS operators, with limited exceptions, be prohibited from using ADS–B Out or transponders. The prohibition against the use of ADS–B Out and transponders is discussed in Section XVI of this preamble. 3. UAS Designers and Producers For each UAS designed or produced for operation in the United States, the person responsible for the design or production of the unmanned aircraft system (with limited exceptions included in the proposal) would be required to design or produce the UAS in accordance with the performance requirements for a standard remote identification UAS or limited remote identification UAS using an FAAaccepted means of compliance for remote identification on or before the 24th month after the effective date of the final rule. A person responsible for the production of UAS (with limited exceptions) would be required to: • Issue each unmanned aircraft a serial number that complies with the ANSI/CTA–2063–A serial number standard. • Label the unmanned aircraft to indicate that it is remote identification compliant and indicate whether the UAS is standard remote identification or limited remote identification. • Submit a declaration of compliance for acceptance by the FAA, declaring E:\FR\FM\31DEP2.SGM 31DEP2 72442 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules that the UAS complies with the requirements of the proposed rule. The FAA could ask the person responsible for the production of the UAS to submit additional information or documentation, as needed, to supplement a declaration of compliance. The FAA would notify the submitter of its acceptance of a declaration of compliance. The FAA would also provide a list of accepted declarations of compliance at https:// www.faa.gov. A person that submits a declaration of compliance would be required to retain certain data for as long as the UAS listed on that declaration of compliance is produced plus an additional 24 calendar months. If the FAA rescinds its acceptance of a declaration of compliance, the submitter of the FAAaccepted declaration of compliance or any person adversely affected by the rescission of the Administrator’s acceptance of the declaration of compliance may petition the FAA to reconsider the rescission by submitting a request for reconsideration to the FAA within 60 calendar days of publication in the Federal Register of a notice of rescission. 4. Developers of Remote Identification Means of Compliance Means of compliance, as discussed in section XII of this preamble, are developed by persons or organizations to describe methods by which a person designing or producing a UAS with remote identification may comply with the performance requirements of this proposed rule. Under the proposed rule, a means of compliance would have to be accepted by the FAA before it could be used for the design and production of UAS with remote identification. A person or entity seeking acceptance by the FAA of a means of compliance for UAS with remote identification equipment would be required to submit the means of compliance to the FAA. The FAA would review the means of compliance to determine if it meets the minimum performance requirements, and testing and validation procedures of the proposed rule. Specifically, the person or entity would have to submit a detailed description of the means of compliance, a justification for how the means of compliance meets the minimum performance requirements of the proposed rule, and any substantiating material the person or entity wishes the FAA to consider as part of the application. The minimum performance requirements, and testing and validation procedures, are discussed in sections XII.D and XII.F of this preamble. A person or entity who submits a means of compliance that is accepted by the FAA would have to retain certain data for as long as the means of compliance is accepted plus an additional 24 calendar months. The FAA would indicate acceptance of a means of compliance by notifying the submitter of the acceptance of the proposed means of compliance. The FAA also expects to notify the public that it has accepted the means of compliance by including it on a list of accepted means of compliance at https://www.faa.gov. The FAA would not disclose commercially valuable information in this document. 5. Remote ID USS The proposed rule would require persons operating UAS with remote identification to transmit the remote identification message elements to a Remote ID USS over the internet. A Remote ID USS would be a service provider qualified by the Administrator to provide remote identification services to UAS. Each Remote ID USS would be required to establish a contractual relationship with the FAA through a Memorandum of Agreement (MOA) entered into under the FAA’s ‘‘other transaction authority’’ under 49 U.S.C. 106(l) and (m), and to comply with a series of terms, conditions, limitations, and technical requirements that outline how the Remote ID USS must interpret and provide data to external users, as well as store and protect such data. The Remote ID USS would also be contractually required to meet qualityof- service metrics that would establish the minimum requirements for providing remote identification services, including availability of the service and what happens when various failures occur. To implement remote identification, the FAA anticipates establishing a cooperative data exchange mechanism between the FAA and Remote ID USS, as discussed in section XIV of this preamble. Remote ID USS would be required to demonstrate four primary capabilities: (1) The ability to share the remote identification message elements in near real-time with the FAA upon request; (2) the ability to maintain remote identification information securely and to limit access to such information; (3) the ability to meet contractuallyestablished technical parameters; and (4) the ability to inform the FAA when their services are active and inactive. Another capability of a Remote ID USS may be to generate and provide UAS operators with a UAS Identification known as a session ID. A session ID would be a randomly-generated alphanumeric code that is used only for one flight. UAS operators would have the option to use a Session ID to identify the UAS instead of the serial number, to provide a greater level of privacy. This capability would be defined in the technical requirements agreed to in the MOA. To become an FAA-qualified Remote ID USS, a prospective Remote ID USS would enter into an MOA with the FAA, demonstrate it meets the technical requirements, and successfully test the end-to-end system and connections. Prospective Remote ID USS would also be reviewed for consistency with national security and cybersecurity requirements and export administration regulations. FAA-qualified Remote ID USS would be subject to ongoing FAA review to ensure compliance and quality-of-service. 6. Table of Major Provisions Table 1 provides a summary of the major provisions of this proposed rule. TABLE 1—SUMMARY OF MAJOR PROVISIONS khammond on DSKJM1Z7X2PROD with PROPOSALS2 Issue Proposed requirement CFR section Registration Requirements Individual registration of unmanned aircraft and conforming changes. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Requires the individual registration of all unmanned aircraft registered under part 48. Requires each unmanned aircraft to be registered under a unique registration number. Eliminates existing option to allow multiple recreational unmanned aircraft to register under a single registration number. PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 48.100 48.110 48.5 48.30 48.115 48.200 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 72443 TABLE 1—SUMMARY OF MAJOR PROVISIONS—Continued Issue Proposed requirement Serial numbers for unmanned aircraft ...... The unmanned aircraft serial number provided as part of an application for aircraft registration for a standard remote identification or limited remote identification unmanned aircraft would be the serial number issued by the manufacturer in accordance with the requirements of part 89. The owner of a small unmanned aircraft would have to include the manufacturer and model name of the unmanned aircraft during the registration or registration renewal process, and for any standard or limited remote identification unmanned aircraft, the serial number issued by the manufacturer. Adds clarifying language for existing registration requirements for part 107 operators. Telephone number(s) for applicant for registration. CFR section Requires telephone number(s) of applicant at time of registration ............................. 47.14 48.100 48.15 48.100 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Operating Requirements Applicability of operating requirements ..... The remote identification operating requirements would apply to: (1) Persons operating unmanned aircraft registered or required to be registered under parts 47 or 48; and (2) persons operating foreign civil unmanned aircraft in the United States. 89.101 Remote identification requirements generally. No person would be allowed to operate a UAS within the airspace of the United States unless the operation is conducted under one of the following: (1) The UAS is a standard remote identification UAS and that person complies with the requirements of § 89.110; (2) the UAS is a limited remote identification UAS and that person complies with the requirements of § 89.115; or (3) the UAS does not have remote identification equipment and that person complies with the requirements of § 89.120. 89.105 Standard remote identification UAS ......... Remote identification .................................................................................................... If the internet is available at takeoff, the UAS would have to do the following from takeoff to landing: (1) Connect to the internet and transmit the required remote identification message elements through that internet connection to a Remote ID USS; and (2) broadcast the message elements directly from the unmanned aircraft. If the internet is unavailable at takeoff, or if during the flight, the unmanned aircraft can no longer transmit through an internet connection to a Remote ID USS, the UAS would have to broadcast the message elements directly from the unmanned aircraft from takeoff to landing. In-flight loss of broadcast capability: A person manipulating the flight controls of a standard remote identification UAS that can no longer broadcast the message elements would have to land as soon as practicable. Operation of standard remote identification UAS: A person would be allowed to operate a standard remote identification UAS 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 proposed part 89 from takeoff to landing; and (3) its remote identification equipment and functionality have not been disabled. 89.110 Limited remote identification UAS ............ Remote identification .................................................................................................... The UAS would have to do the following from takeoff to landing: (1) Connect to the internet and transmit the required remote identification message elements through that internet connection to a Remote ID USS; and (2) be operated within visual line of sight. In-flight loss of remote identification: A person manipulating the flight controls of a limited remote identification UAS would have to land as soon as practicable when it cannot transmit the message elements through an internet connection to a Remote ID USS. Operation of limited remote identification UAS: A person would be allowed to operate a limited remote identification UAS 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 proposed part 89 from takeoff to landing; and (3) its remote identification equipment and functionality have not been disabled. 89.115 UAS without remote identification ............ The limited number of UAS that do not have remote identification equipment would be allowed to operate within visual line of sight and within an FAA-recognized identification area. 89.120 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 72444 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 1—SUMMARY OF MAJOR PROVISIONS—Continued Issue Proposed requirement CFR section With authorization from the Administrator, a person may operate a UAS that does not have remote identification for the purpose of aeronautical research or to show compliance with regulations. Transponder and Automatic Dependent Surveillance-Broadcast (ADS–B) use. ADS–B Out equipment may not be used to comply with the remote identification requirements. ATC transponder and altitude-reporting equipment and use requirements do not apply to persons operating UAS unless the operation is conducted under a flight plan and the person operating the UAS maintains two-way radio communication with ATC, or the use of a transponder is otherwise authorized by the Administrator. No person would be allowed to operate a small UAS with a transponder on, unless otherwise authorized by the Administrator. ADS–B equipment and use requirements do not apply to persons operating UAS unless the operation is conducted under a flight plan and the person operating the UAS maintains two-way radio communication with ATC, or the use of ADS–B Out is otherwise authorized by the Administrator. No person would be allowed to operate a small UAS with ADS–B Out equipment in transmit mode, unless otherwise authorized by the Administrator. 89.125 Confirmation of identification for foreign registered civil unmanned aircraft operated in the United States. No person would be allowed to operate a foreign registered civil unmanned aircraft in the United States unless, prior to the operation, the person submits a notice of identification that includes basic information regarding the unmanned aircraft and the person responsible for the operation. 89.130 Record Retention ...................................... The Administrator shall require any Remote ID USS to retain any remote identification message elements for 6 months from the date when the remote identification message elements are received or otherwise come into the possession of the Remote ID USS. 89.135 91.215 107.52 91.225 107.53 khammond on DSKJM1Z7X2PROD with PROPOSALS2 FAA-recognized identification areas Applicability ............................................... Prescribes procedural requirements to establish an FAA-recognized identification area. 89.201 Eligibility .................................................... Only a community based organization (CBO) recognized by the Administrator would be allowed to apply for the establishment of an FAA-recognized identification area. 89.205 Requests for establishment ...................... Application .................................................................................................................... A CBO requesting establishment of an FAA-recognized identification area would have to submit an application within 12 calendar months from the effective date of the final rule. The FAA will not consider any applications submitted after that date. Required documentation .............................................................................................. A request for establishment of an FAA-recognized identification area would have to contain the following information: • Name of the CBO making the request. • Declaration that the person making the request has the authority to act on behalf of the CBO. • Name and contact information, including telephone number(s), of the primary point of contact for communications with the FAA. • Physical address of the proposed FAA-recognized identification area. • 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. Approval of an FAA-recognized identification area ..................................................... FAA would approve or deny applications for FAA-recognized identification areas, and may take into consideration matters including but not limited to: the effects on existing or contemplated airspace capacity, critical infrastructure, existing or proposed manmade objects, natural objects, or the existing use of the land, within or close to the proposed FAA-recognized identification area; the safe and efficient use of airspace by other aircraft; and the safety and security of persons or property on the ground. Amendment .................................................................................................................. Any change to the information submitted in the application for establishment of an FAA-recognized identification area would have to be submitted to the FAA within ten calendar days of the change. Such information includes, but would not be limited to, a change to the point of contact for the FAA-recognized identification area, or a change to the community based organization’s affiliation with the FAA-recognized identification area. 89.210 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 89.210 89.215 89.220 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 72445 TABLE 1—SUMMARY OF MAJOR PROVISIONS—Continued Issue Proposed requirement CFR section If the community based organization wishes to change the geographic boundaries of the FAA-recognized identification area, the organization must submit the request to the FAA for review. The geographic boundaries of the FAArecognized identification area will not change until they have been approved or denied in accordance with § 89.215. Duration of an FAA-recognized identification area ...................................................... An FAA-recognized identification area would be in effect for 48 calendar months after the date the FAA approves the request for establishment of an FAA-recognized identification area. Renewal ....................................................................................................................... A request for renewal would have to be submitted no later than 120 days prior to the expiration of the FAA-recognized identification area in a form and manner acceptable to the Administrator. The Administrator may deny requests submitted after that deadline or requests submitted after the expiration of the FAA-recognized identification area. Expiration and termination ........................ Expiration ..................................................................................................................... Unless renewed, an FAA-recognized identification area would be automatically cancelled and have no further force or effect as of the day immediately after its expiration date. Termination prior to expiration (by request): A CBO may submit a request to the Administrator to terminate an FAA-recognized identification area. Once an FAA-recognized identification area is terminated, that CBO may not reapply to have that flying site reestablished as an FAA-recognized identification area. Termination by FAA: FAA would be able to terminate an FAA-recognized identification area for cause or upon a finding that the FAA-recognized identification area 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 process. Once an FAA-recognized identification area is terminated, that CBO may not reapply to have that flying site reestablished as an FAA-recognized identification area. Petition to reconsider the FAA’s decision to terminate an FAA recognized identification area: A CBO whose FAA-recognized identification area has been terminated by the FAA would be able to petition for reconsideration by submitting a request for reconsideration and establishing the grounds for such reconsideration within 30 calendar days of the date of issuance of the termination. 89.225 89.225 89.230 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Requirements for UAS with Remote Identification Applicability ............................................... Prescribes the minimum message elements set and minimum performance requirements for standard remote identification UAS and limited remote identification UAS. 89.301 Message elements broadcast and transmitted by standard remote identification UAS. Standard remote identification UAS would have to broadcast and transmit the following remote identification message elements: • The identity of the UAS consisting of one of the following: Æ The serial number assigned to the unmanned aircraft by the producer. Æ Session ID assigned by a Remote ID USS. • An indication of the latitude and longitude of the control station and unmanned aircraft. • An indication of the barometric pressure altitude of the control station and unmanned aircraft. • A Coordinated Universal Time (UTC) time mark. • An indication of the emergency status of the UAS, which could include lostlink or downed aircraft. 89.305 Minimum performance requirements for standard remote identification UAS. Standard remote identification UAS would have to meet minimum performance requirements related to the following: • Control station and unmanned aircraft location. • Automatic Remote ID USS connection. • Time mark. • Self-testing and monitoring. • Tamper resistance. • Connectivity. • Error correction. • Interference considerations. 89.310 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 72446 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 1—SUMMARY OF MAJOR PROVISIONS—Continued Issue Proposed requirement CFR section • Message transmission requirements for broadcast and Remote ID USS transmission. • Message elements performance requirements for broadcast and Remote ID USS transmission. • Cybersecurity. Message elements transmitted by limited remote identification UAS. Limited remote identification UAS would have to transmit the following remote identification message elements: • The identity of the UAS consisting of one of the following: Æ The serial number assigned to the unmanned aircraft by its producer. Æ Session ID assigned by a Remote ID USS. • An indication of the latitude and longitude of the control station. • An indication of the barometric pressure altitude of the control station. • A Coordinated Universal Time (UTC) time mark. • An indication of the emergency status of the UAS, which could include lostlink or downed aircraft. 89.315 Minimum performance requirements for limited remote identification UAS. Limited remote identification UAS would have to meet minimum performance requirements related to the following: • Control station location. • Automatic Remote ID USS connection. • Time mark. • Self-testing and monitoring. • Tamper resistance. • Connectivity. • Error correction. • Interference considerations. • Message transmission requirements for Remote ID USS transmission. • Message elements performance requirements for Remote ID USS transmission. • Cybersecurity. • Range limitation. • Broadcast limitation. 89.320 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Means of Compliance Applicability ............................................... Prescribes the following: • Requirements for means of compliance. • Procedural requirements for the submission and acceptance of means of compliance. • Rules governing persons submitting means of compliance for FAA acceptance. 89.401 Submitting a means of compliance for FAA acceptance. Any person would be able to submit a means of compliance for acceptance by the FAA by submitting certain specified information to the FAA in a form and manner acceptable to the Administrator. A means of compliance would have to include testing and validation procedures for persons designing and producing standard remote identification UAS or limited remote identification UAS to demonstrate through analysis, ground test, or flight test, as appropriate, how the standard remote identification UAS or limited remote identification UAS performs its intended functions and meets the requirements for UAS with remote identification. 89.405 Acceptance of a means of compliance .... A person requesting acceptance of a means of compliance would have to demonstrate to the FAA that the means of compliance addresses all applicable requirements and that any UAS with remote identification designed and produced in accordance with such means of compliance would meet the performance requirements of proposed part 89. 89.410 Rescission ................................................. Rescission of FAA’s acceptance of a means of compliance ...................................... FAA would be able to rescind its acceptance of a means of compliance if it finds that the means of compliance does not meet any of the applicable requirements for a means of compliance. 89.415 Record retention ....................................... A person who submits a means of compliance that is accepted by the Administrator would have to retain certain specified data for as long as the means of compliance is accepted plus an additional 24 calendar months. 89.420 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 72447 TABLE 1—SUMMARY OF MAJOR PROVISIONS—Continued Issue Proposed requirement CFR section khammond on DSKJM1Z7X2PROD with PROPOSALS2 Design and Production of UAS with Remote Identification Applicability ............................................... Applies to the design and production of UAS operating in the United States except for the design and production of the following (unless they are standard remote identification UAS or limited remote identification UAS, in which case they would have to comply with the design and production requirements of the proposed rule): • Amateur-built UAS. • UAS of the United States Government. • UAS where the unmanned aircraft weighs less than 0.55 pounds including the weight of anything attached to or carried by the aircraft. • UAS produced for the purpose of aeronautical research or showing compliance with regulations. Prescribes the following: • Requirements for design and production of UAS operating in the United States. • Procedural requirements for the submission and acceptance of declarations of compliance. • Rules governing persons holding FAA-accepted declarations of compliance or operating UAS with remote identification. 89.501 Serial numbers .......................................... Producers of UAS with remote identification would have to issue each unmanned aircraft a serial number that complies with ANSI/CTA–2063–A. 89.505 Design and production requirements ....... No person would be allowed to produce a UAS unless .............................................. • The UAS is designed and produced to meet the minimum performance requirements for standard remote identification UAS or limited remote identification UAS using an FAA-accepted means of compliance. • The UAS meets the requirements of proposed subpart F. • The FAA has accepted a declaration of compliance for that UAS. Producers of UAS would have to: • Allow the Administrator to inspect their facilities, technical data, and any standard remote identification UAS or limited remote identification UAS the person produces, and to witness any tests necessary to determine compliance with subpart F. • Perform independent audits on a recurring basis, and whenever the FAA provides notice of noncompliance or of potential noncompliance, to demonstrate the UAS listed under a declaration of compliance meet the requirements of subpart F. The person responsible for the production of standard remote identification UAS or limited remote identification UAS must provide the results of all such audits to the FAA upon request. • Maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes a UAS to no longer meet the requirements of subpart F, within 15 calendar days of the date the person becomes aware of the defect or condition. 89.510 Labeling .................................................... Persons responsible for the production of UAS with remote identification would have to include a label on the UAS to indicate that it meets the remote identification requirements and whether the unmanned aircraft system is a standard remote identification UAS or limited remote identification UAS. The label would have to be in English and be legible, prominent, and permanently affixed to the unmanned aircraft. 89.515 Submission of declaration of compliance for FAA acceptance. The person responsible for the production of a UAS with remote identification equipment would have to submit a declaration of compliance for acceptance by the FAA. The declaration of compliance would have to include certain specified information, including a declaration that: • The UAS was designed and produced using an FAA-accepted means of compliance. • The person responsible for the production of the UAS complies with the requirements of § 89.510(b). 89.520 Acceptance of a declaration of compliance. The FAA would notify the submitter of its decision to accept or reject a declaration of compliance. 89.525 Rescission and reconsideration ................ Rescission of FAA’s acceptance of a declaration of compliance ................................ 89.530 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 72448 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 1—SUMMARY OF MAJOR PROVISIONS—Continued Issue Proposed requirement CFR section The FAA would be able to rescind its acceptance of a declaration of compliance if it determines any of the following: (1) A UAS with remote identification listed under an FAA-accepted declaration of compliance does not meet the applicable minimum performance requirements; (2) an FAA-accepted declaration of compliance does not meet any of the relevant requirements of proposed part 89; or (3) the FAA rescinded its acceptance of the means of compliance listed in an FAA-accepted declaration of compliance. If the FAA determines it is in the public interest, prior to rescission, it would be able to provide a reasonable period of time for the person holding the declaration of compliance to remediate the noncompliance. Petition for reconsideration: The person who submitted the FAA-accepted declaration of compliance or any person adversely affected by the rescission would be able to petition for reconsideration within 60 days of the rescission. The petition would have to show that the petitioner is an interested party and has been adversely affected by the rescission. The petition would also have to demonstrate one of the following: (1) The petitioner has a significant additional fact not previously presented to the FAA; (2) the Administrator made a material error of fact in the decision to rescind its acceptance; or (3) that the Administrator did not correctly interpret a law, regulation, or precedent. Record retention ....................................... A person who submits a declaration of compliance that is accepted by the Administrator would have to retain certain specified data for as long as the UAS listed on that declaration of compliance are produced plus an additional 24 calendar months. That person would have to also make certain information available for inspection by the FAA, including: (1) The means of compliance, all documentation, and substantiating data related to the means of compliance used; (2) records of all test results; and (3) any other information necessary to demonstrate compliance with the means of compliance so that the UAS meets the remote identification requirements and the design and production requirements of this part. 89.535 Definitions and Abbreviations Definitions ................................................. Abbreviations ............................................ • • • • • • Unmanned aircraft system ....................................................................................... UAS service supplier. Visual line of sight. Amateur-built unmanned aircraft system ................................................................. Broadcast. Remote ID USS. • USS means a UAS service supplier ........................................................................ 1.1 89.1 1.2 Falsification, Reproduction, Alteration, or Omission khammond on DSKJM1Z7X2PROD with PROPOSALS2 Falsification, reproduction or alteration ..... VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 No person would be allowed to make or cause to be made any of the following ...... • 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. • 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. • Any reproduction or alteration, for fraudulent purpose, of any document related to any acceptance, application, approval, authorization, certificate, declaration, designation, qualification, record, report, request for reconsideration, or similar, submitted or granted under this part. No person may conceal a material fact 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. • Any document required to be developed, provided, kept, or used to show compliance with any requirement under this part. The commission of a prohibited act would result in: • 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. • A civil penalty. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 89.5 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules D. Summary of Costs and Benefits This proposed rule would provide remote identification of UAS in the airspace of the United States to address safety, security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States while also enabling greater operational capabilities. This proposal would promote public safety and the safety and efficiency of the airspace of the United States. The remote identification framework would provide UAS-specific data, which may be used in tandem with new technologies and infrastructure to facilitate more advanced operational capabilities (such as detect-and-avoid and aircraft-to-aircraft communications that support beyond visual line of sight operations) and to develop the necessary elements for comprehensive UAS traffic management (UTM). Furthermore, remote identification of UAS provides airspace awareness to the FAA, national security agencies, and law enforcement entities. This information could be used to distinguish compliant airspace users from those potentially posing a safety or security risk fulfilling a key requirement for law enforcement and national security agencies charged with protecting public safety. This proposed rule would result in additional costs for persons responsible for the production of UAS, owners and operators of registered unmanned aircraft, community based organizations, Remote ID USS, and the FAA. This proposal would provide cost savings for the FAA and law enforcement resulting from a reduction in hours and associated costs expended investigating UAS incidents.7 Additionally, part 107 allows individuals to request waivers from certain provisions, including those prohibiting operations at night and over people. This proposed rule, in concert with the FAA’s proposed rule for operations over people would create cost savings for the FAA and part 107 operators by avoiding the time expended processing waivers for these activities.8 The analysis of this proposed rule is based on the fleet forecast for small 72449 unmanned aircraft as published in the FAA Aerospace Forecast.9 The forecast includes base, low, and high scenarios. This analysis provides a range of net impacts from low to high based on these forecast scenarios. The FAA considers the primary estimate of net impacts of the proposed rule to be the base scenario. For the primary estimate, over a 10-year period of analysis this proposed rule would result in net present value costs of about $582 million at a three percent discount rate with annualized net costs of about $68 million. At a seven percent discount rate, the net present value costs are about $474 million with annualized net costs of $67 million. The following table presents a summary of the primary estimates of the quantified costs and cost savings of this proposed rule. Additional details, including low and high estimates of quantified net costs, are provided in the Regulatory Evaluation section of this proposal and in the Preliminary Regulatory Impact Analysis available in the docket for this rulemaking. TABLE 2—PRELIMINARY ESTIMATES OF COSTS AND COST SAVINGS OF PROPOSED RULE ($MILLIONS) * BASE SCENARIO— PRIMARY ESTIMATE 10-year present value (at 3%) Affected entity/category Annualized (at 3%) 10-year present value (at 7%) Annualized (at 7%) UAS Owners/Operators ................................................................................... Remote ID USS Subscription .......................................................................... UAS Producers (US and Foreign) ................................................................... Developers of Remote ID Means of Compliance ............................................ Remote ID USS Memoranda of Agreement .................................................... Community Based Organizations .................................................................... FAA Costs ........................................................................................................ $145.87 241.72 134.58 2.85 1.60 0.39 56.96 $17.10 28.34 15.78 0.33 0.19 0.05 6.68 $117.48 191.74 111.58 2.36 1.43 0.35 50.33 $16.73 27.30 15.89 0.34 0.20 0.05 7.17 Total Costs ............................................................................................... Cost Savings (reduced hours for FAA investigations) ............................. 583.98 (2.45) 68.46 (0.29) 475.27 (1.82) 67.67 (0.26) Net Costs ........................................................................................... 581.52 68.17 473.46 67.41 * Table notes: Column totals may not sum due to rounding and parenthesis, ‘‘( )’’, around numbers to indicate savings. The FAA expects this proposed rule will result in several important benefits and enhancements to support the safe integration of expanded UAS operations in the airspace of the United States. The proposal would provide situational awareness of UAS operations to other aircraft and airport operators. The proposed rule would provide information to distinguish compliant UAS users from those potentially posing a safety or security risk. The following table summarizes the benefits of the proposed rule. TABLE 3—SUMMARY OF BENEFITS OF PROPOSED RULE khammond on DSKJM1Z7X2PROD with PROPOSALS2 Safety and Security ..................... • Provides situational awareness of UAS flying in the airspace of the United States to other aircraft in the vicinity of those operations and airport operators. 7 This analysis includes quantified savings to the FAA only. A variety of other entities involved with airport operations, facility and infrastructure security, and law enforcement would also save time and resources involved with UAS identification and incident reporting, response and investigation. The FAA plans to update its estimates of savings for additional information and data identified during VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 the comment period and development of the final rule. 8 On February 13, 2019, the FAA published a notice of proposed rulemaking titled ‘‘Operation of Small Unmanned Aircraft Systems over People,’’ (84 FR 3856) in which the FAA proposed to allow operations of small unmanned aircraft over people in certain conditions and operations of small UAS at night without obtaining a waiver. PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 9 FAA Aerospace Forecast Fiscal Years 2019– 2039, available at https://www.faa.gov/data_ research/aviation/aerospace_forecasts/media/ FY2019–39_FAA_Aerospace_Forecast.pdf. The forecast provides a base (i.e., likely) with high (or optimistic) and low (or pessimistic) scenarios. The low and high forecast scenarios are not symmetric around the base—please see the forecast report for more information. E:\FR\FM\31DEP2.SGM 31DEP2 72450 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 3—SUMMARY OF BENEFITS OF PROPOSED RULE—Continued Enables Expanded Operations and UAS Integration. • Provides information to distinguish compliant UAS users from those potentially posing a safety or security risk. • Enables the FAA, national security agencies, and law enforcement entities to obtain situational awareness of UAS in the airspace of the United States in near real-time. • Provides additional registration and notification requirements for identifying aircraft and promoting accountability and the safe and efficient use of the airspace of the United States. • Assists in the implementation of operations of small UAS over people and at night. A final rule for operation of small UAS over people and at night is contingent upon a final action for UAS with remote identification being in effect. • Provides UAS-specific data to facilitate future, more advanced operational capabilities, such as detect-and-avoid and aircraft-toaircraft communications that support beyond visual line of sight (BVLOS) operations. • Provides UAS-specific data to develop a comprehensive UAS traffic management (UTM) system that would facilitate the safe expansion of operations. khammond on DSKJM1Z7X2PROD with PROPOSALS2 In addition, the proposed rule provides flexibility through minimum performance requirements that would accommodate future innovation and improve the efficiency of UAS operations. The proposal also does not preclude early compliance for UAS producers or operators to realize earlier expanded operations and commercial opportunities. E. Structure of This Proposed Rule This proposed rule addresses remote identification of UAS from a number of perspectives: UAS owners, UAS operators, UAS designers and producers, developers of remote identification means of compliance, and Remote ID USS. The FAA recognizes that certain persons may only be interested in certain topics. Therefore, the following provides the structure of this proposed rule. Section II of this preamble discusses the FAA’s legal authority for promulgating this proposed rule. Section III of this preamble discusses the integration of UAS into the airspace of the United States. The complexities surrounding the full integration of UAS into the airspace of the United States has led the FAA to engage in a phased, incremental, and risk-based approach to rulemaking based on the statutory authorities delegated to the agency. Section IV of this preamble discusses the need for remote identification of UAS operating in the airspace of the United States. The section addresses the role of the FAA as the United States civil aviation authority and air navigation service provider, current registration requirements and how those requirements do not provide information responsive to remote identification, current cooperative surveillance for manned aircraft, and the need for situational awareness. The section further explains how remote identification of UAS fits within the FAA’s compliance and enforcement programs. The section describes how the FAA envisions remote identification may facilitate beyond visual line of sight (BVLOS) operations in the future. The potential benefits of remote VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 identification of UAS to national security and law enforcement agencies are noted. Section V of this preamble discusses related international activities. Section VI of this preamble provides a summary of the Unmanned Aircraft Systems (UAS) Identification (ID) and Tracking Aviation Rulemaking Committee (ARC) (UAS–ID ARC) report and the FAA’s response to that report. Section VII of this preamble discusses the new terms to be defined as part of this proposed rule. Section VIII of this preamble describes the applicability of the proposed rule. It also discusses the framework of the following sections: Operating requirements for UAS with remote identification, means of compliance, and design and production requirements. Section IX of this preamble discusses the current registration requirements for unmanned aircraft under part 47 and part 48 and the issues with the current registration requirements in light of the need for remote identification of UAS. The section also discusses the FAA’s proposed revision of the registration requirements of part 48 to require the individual registration of unmanned aircraft and the proposed use of unmanned aircraft serial numbers as unique identifiers for remote identification purposes. Section X of this preamble explains the operating requirements related to remote identification of UAS. It describes the requirements for standard remote identification UAS and limited remote identification UAS. It also discusses the proposed requirements for UAS without remote identification. The section provides the proposed requirements to transmit and broadcast, as appropriate, message elements. It discusses the FAA’s proposal to prohibit the use of ADS–B Out to satisfy remote identification of UAS. Finally, it discusses UAS operators’ requirement to operate a UAS with remote identification only if that UAS is listed on a valid FAA-accepted declaration of compliance. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 Section XI of this preamble discusses law enforcement access to remote identification information. Section XII of this preamble discusses the FAA’s proposed requirements for what an FAA-accepted means of compliance for remote identification would contain. The FAA is proposing that any FAA-accepted means of compliance contain requirements regarding the message elements to be transmitted and the minimum performance requirements for the transmission and broadcast, as appropriate, of those elements. The section discusses the process to submit and have the FAA accept a means of compliance, and data retention requirements for submitters of means of compliance. The section also discusses other requirements the FAA considered in the development of this proposed rule. Section XIII of this preamble provides the proposed design and production requirements. It discusses the proposed requirement that producers of standard remote identification UAS and limited remote identification UAS issue serial numbers for UAS and that persons producing UAS with remote identification would be required to do so in accordance with the minimum performance requirements of the proposed rule using an FAA-accepted means of compliance. The section also describes the requirement for producers to submit a declaration of compliance, followed by a description of the process for FAA acceptance of declarations of compliance, rescission of those declarations, and the right of a 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 to petition for reconsideration of a rescission. Finally, the section discusses data retention requirements for producers submitting FAA-accepted declarations of compliance. Section XIV of this preamble discusses the role of Remote ID USS. The section describes the FAA’s vision regarding the role of Remote ID USS in E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 providing remote identification services as well as how they will be established and what data provided to them will be publicly available. The section also describes the FAA’s vision for data privacy and information security. Section XV of this preamble provides the overarching requirements for FAArecognized identification areas to be used by UAS that cannot, or do not, comply with the proposed remote identification requirements. Section XVI of this preamble discusses the circumstances under which the use of ADS–B Out and transponders for UAS would be prohibited. Section XVII of this preamble provides the proposed effective dates and compliance dates. Section XVIII of this preamble discusses the proposed guidance documents. Sections XIX and XX of this preamble address the FAA’s requirements to comply with various statutes and Executive Orders pertaining to all regulations. Section XXI of this preamble discusses the tribal considerations related to this proposed rule. Section XXII of this preamble discusses the privacy impact analysis the FAA conducted as part of this proposed rule. Section XXIII of this preamble provides additional information to persons wishing to provide comments to this proposed rule. II. Authority for This Rulemaking The FAA’s authority to issue rules on aviation safety is found in Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. This rulemaking is promulgated pursuant to 49 U.S.C. 40103(b)(1) and (2), which direct the FAA to issue regulations: (1) To ensure the safety of aircraft and the efficient use of airspace; and (2) to govern the flight of aircraft for purposes of navigating, protecting and identifying aircraft, and protecting individuals and property on the ground. In addition, 49 U.S.C. 44701(a)(5) charges the FAA with promoting safe flight of civil aircraft by prescribing regulations the FAA finds necessary for safety in air commerce and national security. Section 2202 of Public Law 114–190 requires the Administrator to convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 owners of UAS and associated unmanned aircraft and to issue regulations or guidance based on any standards developed. The Administrator is granted the authority under 49 U.S.C. 44805 to establish a process for, among other things, accepting risk-based consensus safety standards related to the design and production of small UAS. Under 49 U.S.C. 44805(b)(7), one of the considerations the Administrator must take into account prior to accepting such standards is any consensus identification standard regarding remote identification of unmanned aircraft developed pursuant to section 2202 of Public Law 114–190. Additionally, section 44809(f) of 49 U.S.C. provides that the Administrator is not prohibited from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception for limited recreational operations of unmanned aircraft. Among other things, this authority extends to rules relating to the registration and marking of unmanned aircraft and the standards for remotely identifying owners and operators of UAS and associated unmanned aircraft. The FAA has authority to regulate registration of aircraft under 49 U.S.C. 44101–44106 and 44110–44113, which require aircraft to be registered as a condition of operation and establish the requirements for registration and registration processes. Finally, this rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules, and 49 U.S.C. 40101(d), which authorizes the FAA to consider in the public interest, among other things, the enhancement of safety and security as the highest priorities in air commerce, the regulation of civil and military operations in the interest of safety and efficiency, and assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety. III. Integration of UAS Into the Airspace of the United States The rapid proliferation of UAS has created significant opportunities and challenges for their integration into the airspace of the United States. The relatively low cost of highly capable UAS technology has allowed for hundreds of thousands of new operators to enter the aviation community. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 72451 The complexities surrounding the full integration of UAS into the airspace of the United States have led the FAA to engage in a phased, incremental, and risk-based approach to rulemaking based on the statutory authorities delegated to the agency. On December 16, 2015, the FAA and DOT jointly published an interim final rule in the Federal Register titled Registration and Marking Requirements for Small Unmanned Aircraft (‘‘Registration Rule’’),10 which provided for a webbased aircraft registration process for small unmanned aircraft in 14 CFR part 48, to serve as an alternative to the registration requirements for aircraft established in 14 CFR part 47. The Registration Rule imposed marking requirements on small unmanned aircraft registered under part 48 to display a unique identifier in a manner that is visible upon inspection. This unique identifier could be the registration number issued to an individual or to the aircraft by the FAA Registry or the small unmanned aircraft’s serial number if authorized by the Administrator and provided with the application for the certificate of aircraft registration. On June 28, 2016, the FAA and DOT jointly published the final rule for Operation and Certification of Small Unmanned Aircraft Systems (‘‘The 2016 Rule’’) in the Federal Register.11 This was an important step towards the integration of civil small UAS operations (for aircraft weighing less than 55 pounds) into the airspace of the United States. The 2016 Rule set the initial operational structure and certain restrictions to allow routine civil operations of small UAS in the airspace of the United States in a safe manner. Prior to the 2016 Rule, the FAA authorized commercial UAS operations, including real estate photography, precision agriculture, and infrastructure inspection, under section 333 of Public Law 112–95. Over 5,500 operators received this authorization. The FAA also issued over 900 Certificates of Waiver or Authorization (COA), allowing Federal, State, and local governments, law enforcement agencies, and public universities to perform numerous tasks with UAS, including search-and-rescue, border patrol, and research. The 2016 Rule allows for certain operations of small UAS in the airspace of the United States without the need for airworthiness certification, exemptions, or certificates of waiver or authorization. 10 80 11 81 E:\FR\FM\31DEP2.SGM FR 78594. FR 42064. 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72452 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules The 2016 Rule also imposed certain restrictions on small UAS operations. The restrictions include a prohibition on nighttime operations, limitations on operations conducted during civil twilight, restrictions on operations over people, a requirement for all operations to be conducted within visual line of sight, and other operational, airspace, and pilot certification requirements. Since the rule took effect on August 29, 2016, most low-risk small UAS operations that were previously authorized on a case-by-case basis under Public Law 112–95 section 333 are now considered routine operations. These operations are now permitted within the requirements of part 107 without further interaction with the FAA. Publishing Part 107 was the first significant regulatory step to enable lower risk, less complex UAS operations. Part 107 opened the airspace of the United States to the vast majority of routine small UAS operations, allowing flight within visual line of sight while maintaining flexibility to accommodate future technological innovations. Part 107 allows individuals to request waivers from certain provisions, including those prohibiting operations over people and beyond visual line of sight. Petitions for waivers from the provisions of part 107 must demonstrate that the petitioner has provided sufficient mitigations to safely conduct the requested operation. On October 5, 2018, Congress enacted Public Law 115–254, also known as the FAA Reauthorization Act of 2018. The FAA Reauthorization Act of 2018 amended Part A of subtitle VII of title 49, United States Code by inserting a new chapter 448 titled Unmanned Aircraft Systems and incorporating additional authorities and mandates to support the further integration of UAS into the airspace of the United States, including several provisions that specifically deal with the need for remote identification of UAS. Section 376 of the FAA Reauthorization Act of 2018 requires the FAA to perform testing of remote identification technology and to assess the use of remote identification for the development of UTM. Additionally, congressional action supports the implementation of remote identification requirements for most UAS. Section 349 of the FAA Reauthorization Act of 2018 included a provision indicating that the Administrator is not prohibited from promulgating rules relating to the standards for remotely identifying owners and operators of UAS and VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 associated unmanned aircraft.12 The provision denotes Congress’s acknowledgment that remote identification is an essential part of the UAS regulatory framework. Section 349 also does not prohibit the Administrator from promulgating rules generally applicable to unmanned aircraft related to updates to the operational parameters for unmanned aircraft used for limited recreational operations, the registration and marking of unmanned aircraft, and other standards consistent with maintaining the safety and security of the airspace of the United States.13 Lastly, on February 13, 2019, the FAA published three rulemaking documents in the Federal Register as part of the next phase for integrating small UAS into the airspace of the United States. The first of such documents was an interim final rule titled ‘‘External Marking Requirement for Small Unmanned Aircraft,’’ 14 in which the FAA required small unmanned aircraft owners to display the registration number assigned by the FAA on an external surface of the aircraft. The second rulemaking document was a notice of proposed rulemaking titled ‘‘Operation of Small Unmanned Aircraft Systems Over People,’’ 15 in which the FAA proposed to allow operations of small unmanned aircraft over people in certain conditions and operations of small UAS at night without obtaining a waiver. The third rulemaking document was an advance notice of proposed rulemaking titled ‘‘Safe and Secure Operations of Small Unmanned Aircraft Systems,’’ 16 in which the FAA sought information from the public on whether and under which circumstances the FAA should promulgate new rules to require stand-off distances, additional operating and performance restrictions, the use of UAS Traffic Management (UTM), additional payload restrictions, and whether the agency should prescribe design requirements and require that unmanned aircraft be equipped with critical safety systems. IV. Need for Remote Identification of UAS Operating in the Airspace of the United States A. Maintaining the Safety and Efficiency of the Airspace of the United States The FAA is both the civil aviation authority and the air navigation service provider (ANSP) for the United States. The FAA has statutory responsibilities to set standards and certify aircraft, 12 See 49 U.S.C. 44809. 13 Id. 14 84 FR 3669. FR 3856. 16 84 FR 3732. 15 84 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 airmen, and facilities. In addition, the FAA is responsible for ensuring the safe and efficient use of navigable airspace. The FAA carries out its responsibilities by developing air traffic rules, assigning the use of airspace, and controlling air traffic through a complex network of airport towers, air route traffic control centers, and flight service stations. The FAA is responsible for serving tens of thousands of commercial and private aircraft operating in 29 million square miles of airspace each day. Through its air traffic management (ATM) system, the FAA coordinates the movements of these aircraft to ensure they operate at safe distances from each other and manages disruptions to normal air traffic flow. The FAA’s ability to manage air traffic in the airspace of the United States is predicated on the agency knowing who is operating in the airspace and, if necessary, on being able to communicate with those airspace users. 1. Existing Cooperative Surveillance System The ATM system relies on appropriately equipped aircraft to provide the surveillance services necessary to ensure the safety and efficiency of the airspace of the United States. In addition to ground-based equipment such as primary and secondary radar, participating aircraft use ATC transponders and ADS–B Out to participate in the ATM’s cooperative surveillance environment. Transponders emit a radio frequency response when they are interrogated by ground-based secondary radar systems. Part of the response is the Mode 3/A code which is a four digit number ranging from 0000 to 7777 that allows ATC to identify aircraft under radar surveillance and correlate the target to a flight plan. Other information provides ATC with the location of the aircraft, which is shown on ATC radar displays. After January 1, 2020, aircraft will be required to equip with ADS–B Out to operate in certain airspace. Some UAS, such as those operating in Class A airspace, are already equipped with transponders and ADS–B Out and operate in accordance with existing rules. But for the majority of UAS, especially those operating at low altitudes, the existing cooperative surveillance system is not capable of providing the necessary services. Currently, there is no regulatory requirement mandating the remote identification of unmanned aircraft other than the existing equipment rules in part 91 for transponders that are applicable to aircraft in certain airspace and ADS–B Out, which will be required E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 for aircraft in certain airspace after January 1, 2020. Because the majority of UAS operations occur at low altitudes, the existing rules do not adequately provide for awareness of who is operating in the airspace. The FAA is therefore proposing to require the remote identification of UAS to enable the agency to identify unmanned aircraft flying in the airspace of the United States and locate the operators of those aircraft. Remote identification equipment would provide identifying information for UAS similar to how ADS–B and transponders provide identifying information for manned aircraft. This information would also be essential for the management of the flow of air traffic as more UAS integrate into the airspace of the United States. The FAA does not propose the use of transponders or ADS–B Out for remote identification for three primary reasons. First, the use of these technologies would require significant additional infrastructure, including radars and receivers, to cover the lower altitudes of the airspace of the United States where unmanned aircraft are expected to primarily operate. Second, the FAA expects that, due to the volume of unmanned aircraft operations projected, the additional radio frequency signals would saturate the available spectrum and degrade the overall cooperative surveillance system. Finally, transponders and ADS–B Out do not provide any information about the location of control stations, as these systems were designed for manned aircraft. For these reasons, the FAA has determined that existing cooperative surveillance systems are incapable of supporting UAS remote identification and is proposing a new cooperative surveillance technology specifically for UAS. However, the proposal does not prohibit the use of ADS–B In, if the ADS–B In equipment is manufactured and installed in accordance with FAA requirements and guidance.17 2. Current Challenges With Associating UAS With Their Owners and Operators All manned aircraft, unmanned aircraft weighing over 0.55 pounds, and any unmanned aircraft operated pursuant to 14 CFR part 107 or part 91 (irrespective of weight) are subject to FAA’s aircraft registration and marking requirements. These requirements are the fundamental means for the FAA to physically identify manned and unmanned aircraft operating in the airspace of the United States and to associate them with their owners. The FAA recognizes that current registration 17 See Advisory Circulars 20–172B and 90–114A. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 and marking requirements are most useful when the aircraft is static or when information regarding the aircraft and its owner is needed without a direct link to the aircraft itself. In the case of unmanned aircraft in flight, however, registration and marking alone are insufficient to identify the aircraft and to locate the person manipulating the flight controls of a UAS. This is due to both the small size of most unmanned aircraft and to the fact that the person manipulating the flight controls of the UAS is not co-located with the aircraft. The Registration Rule acknowledged that the registration of small unmanned aircraft would provide a means by which to quickly identify the aircraft in the event of an incident or accident involving a small UAS. The Registration Rule also acknowledged that registration of small unmanned aircraft would provide an immediate and direct opportunity for the FAA to educate small UAS owners on safety requirements before they begin operating. The Registration Rule did not, however, envision the use of registration numbers as a means to identify or locate the small UAS owner or the person manipulating the flight controls of the UAS during real-time flight operations. The small size of most unmanned aircraft makes it difficult—if not impossible—to read their registration numbers from the ground, preventing proper identification of the unmanned aircraft while it is in flight. Although it is true that manned aviation faces similar identification issues (since aircraft registration marks may be impossible to read from the ground when the aircraft is flying at certain altitudes or speeds), there is an important distinction between manned and unmanned aviation that makes the inability to read a registration number from the ground less problematic in manned aviation. In manned aviation, the pilot-in-command is co-located with the aircraft and is therefore more easily identifiable, even if such identification occurs after landing. In addition, pilots of manned aircraft are often required to, or choose to, maintain two-way communications with air traffic control (ATC) for purposes of receiving air traffic services. This communication helps ascertain the identity and intent of the pilot in command. Furthermore, transponders and ADS–B Out systems transmit unique codes that allow ATC to identify and distinguish aircraft from others flying in the airspace of the United States, as discussed in the preceding section. These means of identification are not currently required or feasible for PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 72453 UAS. The challenge of identifying UAS would only increase with the proliferation of BVLOS operations— when pilots will likely be located far away from the unmanned aircraft location. 3. Situational Awareness The ability to know the location of unmanned aircraft operating in the airspace of the United States and to identify and locate their operators creates situational awareness of operations conducted in the airspace of the United States, fosters accountability of the operators and owners of UAS, and improves the capabilities of the FAA and law enforcement to investigate and mitigate careless, hazardous, and noncompliant operations. This contributes to safety in air commerce and the efficient use of the airspace of the United States. Remote identification would provide greater situational awareness of UAS operating in the airspace of the United States to other aircraft in the vicinity of those operations and also provide information to airport operators. Manned aircraft, especially those operating at low altitudes where UAS operations are anticipated to be the most prevalent, such as helicopters and agricultural aircraft, could carry the necessary equipment to display the location of UAS operating nearby. Facility operators could use remote identification information to know about UAS operating near an airport, airfield, or heliport, regardless of the airspace in which the facility is located. This would provide a level of awareness that is currently unavailable for those facilities and the aircraft operating nearby. For example, an aircraft preparing to take off from an airport in Class G airspace may have access to greater information (e.g., number and location of UAS, types of operations conducted in the airspace, etc.) than currently available. 4. Compliance and Enforcement The safety of the airspace of the United States largely depends on aircraft operators following the prescribed rules and being accountable for their actions. The FAA needs the ability to identify aircraft and their owners to ensure adequate oversight of the operations (e.g., facilitate the identification of noncompliant or unauthorized operations). When unsafe operations are discovered, the FAA is required to adequately address safety issues that may adversely affect the airspace of the United States as well as people and property on the ground. To accomplish this, the FAA needs a means E:\FR\FM\31DEP2.SGM 31DEP2 72454 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 to locate UAS operators—in near realtime, if necessary—to take immediate or subsequent action to mitigate safety issues or security threats. Thus, the FAA believes that the remote identification requirements in this proposed rule are necessary to ensure the safety of the airspace of the United States. If an operator is unwilling or unable to comply with, or is deliberately flouting regulations, the FAA could employ legal enforcement action, including civil penalties and certificate actions, as appropriate, to address violations and help deter future violations. Civil penalties for violations of the federal aviation regulations range from a maximum per violation penalty of $1,466, for individual operators, to $33,333 for large companies. In addition, Congress granted the FAA authority to assess civil penalties of up to $20,000 against an individual who operates a UAS and in so doing knowingly or recklessly interferes with a law enforcement, emergency response, or wildfire suppression activity. The FAA may take enforcement action against anyone who conducts an unauthorized UAS operation or operates a UAS in a way that endangers the safety of the airspace of the United States. This authority is designed to protect users of the airspace as well as people and property on the ground. B. Unmanned Aircraft Systems Traffic Management (UTM) The FAA, in an effort to further integrate UAS into the airspace of the United States, is collaborating with other government agencies and industry stakeholders to develop unmanned aircraft systems traffic management (UTM) separate from, but complementary to, the ATM system. The term ‘‘UTM’’ refers to a set of thirdparty services and an all-encompassing framework for managing multiple UAS operations. This vision for UTM includes services for flight planning, communications, separation, and weather, among others. The FAA believes that remote identification facilitates the long-term implementation of UTM by providing greater awareness of all aircraft, including unmanned aircraft, operating in a particular area. UTM would help enable increased UAS operations in both controlled and uncontrolled airspace, including airspace where no air traffic separation services are currently provided. The vision for UTM 18 relies on third parties’ ability to supply services, under FAA’s regulatory authority, where such 18 https://utm.arc.nasa.gov/docs/2018-UTMConOps-v1.0.pdf VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 services do not currently exist. The FAA envisions community-based traffic management, where UAS operators have the responsibility for the coordination, execution, and management of a safe operating environment. UTM would be designed to support the demand and expectations for a broad spectrum of UAS operations with ever-increasing complexity and risk. The concept of UTM is predicated on layers of information sharing and exchange, from operator to operator, aircraft to aircraft, and operator to the FAA, to achieve safe operations. Operators would share their flight intent with each other and coordinate to deconflict and safely separate trajectories. Remote identification is a crucial first step in the development of these UTM services. C. Facilitating Beyond Visual Line of Sight Operations Providing a means to conduct routine BVLOS operations is a critical step in the integration of UAS operations in the airspace of the United States. The technologies and procedures necessary to enable BVLOS operations have been the focus of past and current research by the FAA and others.19 The research indicated that for UAS to conduct safe, routine BVLOS operation, UAS should be able to detect both cooperative and non-cooperative aircraft (manned and unmanned) so they can maintain a safe distance from those aircraft. Cooperative aircraft are those that are providing information that identifies the location of the aircraft, typically through a standardized and receivable electronic radio frequency broadcast or other type of transmission. Non-cooperative aircraft are those that are not providing any information regarding their location. A UAS that broadcasts or transmits remote identification information would contribute to a cooperative operating environment. Operators of UAS could use remote identification information available from a Remote ID USS or broadcast directly from other unmanned aircraft to know the location of UAS operating nearby. Such data could be used in UAS detect-and-avoid and aircraft-to-aircraft communication systems to aid in unmanned aircraft collision avoidance. Under UTM, when the locations of other unmanned aircraft become known, the UAS operators would be able to maintain a safe distance from those aircraft. 19 https://www.faa.gov/uas/programs_ partnerships/integration_pilot_program/; https:// www.faa.gov/uas/programs_partnerships/ completed/; https://www.assureuas.org/projects/ detectandavoid.php PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 Although remote identification of UAS does not, in and of itself, permit BVLOS operations, it is a key stepping stone to the future ability to conduct those operations. Without remote identification of UAS, BVLOS operations on a large scale are not feasible, and the foundational building blocks of UTM—which is necessary to enable routine BVLOS operations—are not established. D. National Security and Law Enforcement Efforts This proposed rule would serve the public interest by assisting government efforts to address illegal activity and protect national security. The safety and security benefits described in this section are consistent with the FAA’s responsibilities to assist law enforcement agencies in their efforts to enforce laws related to regulation of controlled substances, to the extent consistent with aviation safety,20 and to prescribe regulations necessary for safety in air commerce and national security.21 Federal, State, and local law enforcement and national security agencies have expressed their desire for new regulations to reduce and address the security threats associated with illegal or threatening UAS operations as well as the ability to discriminate between compliant and non-compliant operations. The FAA recognizes the increasing availability and potential use of UAS for illegal activities such as the carrying and smuggling of controlled substances, illicit drugs, and other dangerous or hazardous payloads; the unlawful invasion of privacy; illegal surveillance and reconnaissance; the weaponization of UAS; sabotaging of critical infrastructure; property theft; disruption; and harassment. The misuse of UAS for these purposes presents a direct threat to public safety. Such misuse also presents a hazard to safety in air commerce. Such risks are multiplied with the increasing sophistication of technology, the availability of UAS equipment, and the proliferation of UAS operations across the airspace of the United States. Unmanned aircraft operators who know they cannot easily be identified are more likely to engage in careless, reckless, or dangerous behavior because they believe they will not be caught. These operators could engage in evasive maneuvering to avoid pursuit, violate airspace restrictions, engage in unauthorized night or BVLOS operations, fly too close to other aircraft, 20 49 21 49 E:\FR\FM\31DEP2.SGM U.S.C. 40101(d). U.S.C. 44701(a)(5). 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules or operate in weather conditions beyond the capability of the unmanned aircraft or the person flying it. Such behavior could create severe safety hazards not only to other manned and unmanned aircraft in the surrounding airspace, but also to persons and property on the ground. Additionally, UAS operators that do not comply with applicable law create a unique security challenge. On average, six sightings of UAS allegedly conducting unauthorized operations are reported to the FAA each day. Additionally, based on information provided by other U.S. Government agencies, there may be many additional UAS sightings involving unauthorized or illegal operations not reported to the FAA. Although collisions with aircraft are rare, there have been two confirmed unmanned aircraft collisions with manned aircraft: an Army Blackhawk helicopter in New York City in September 2017, and a small twinengine passenger aircraft approaching Quebec City’s Jean Lesage International Airport in October 2017. In all of these circumstances, remote identification could have enabled immediate identification of the UAS and enabled law enforcement to find the location of the control station for near real-time response and investigation. Owners of critical infrastructure, airports, and venues for mass gatherings have expressed concern over the security of their facilities after sightings of UAS of unknown identity and intent. Many sightings are at night, when it may be more difficult to see and identify the unmanned aircraft or find the operator. Owners and facility managers of sports stadiums and other open-air venues are particularly concerned, given the concentration of people present during an event. Malicious UAS activities designed to disrupt and gain media attention are a distinct threat with the potential to inflict delays, fear, injuries, and significant economic losses across a variety of critical infrastructure sectors, including airports, public facilities, and energy production infrastructure. On April 11, 2019, numerous spectators visually spotted a UAS operating during a Major League Baseball game.22 Although law enforcement were able to eventually identify the operator within 24 hours due to a municipally-owned detection system, remote identification would likely have allowed them to find the operator and control station much more 22 https://www.usatoday.com/story/sports/mlb/ redsox/2019/04/13/drone-fenway-park-juvenile/ 3457190002/. Accessed June 11, 2019. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 quickly and address the issue in real time. After law enforcement confiscated the UAS involved in the April 2019 incident and were able to review its flight log, they learned that the operator had flown over a previous World Series game at the same stadium—violating an FAA Temporary Flight Restriction and numerous safety regulations. A UAS that was not approved to operate over people was used to drop pamphlets over large crowds outside a concert venue and a university event in May, 2019, in Sacramento, California.23 This event was similar to two incidents in 2017 when a UAS was used to drop leaflets at two California National Football League games.24 Although security and law enforcement personnel at the stadium used rudimentary tactics to eventually identify the accused operator, the lack of remote identification made real-time location of the operator impossible.25 Security professionals have raised concerns that unmanned aircraft that have not been determined to be safe to fly over a large gathering of people may pose a safety hazard, and a UAS dropping objects could potentially pose a greater threat by releasing hazardous substances or creating a stampede of frightened spectators fleeing the area. Although social media postings helped identify the operator in some cases, such information rarely helps law enforcement officers address a potential threat in real time. Multiple pilot reports of a UAS approximately 10 miles away from Newark Airport led to a disruption in arrivals in January 2019 that impacted other airports on the East Coast for several hours.26 The more than 30-hour disruption of flights at London’s Gatwick Airport in December 2018,27 as well as brief disruptions at airports in 23 https://www.newsweek.com/drone-used-dropnazi-leaflets-ariana-grande-concert-sacramentobites-bridge-1414933. Accessed June 11, 2019. 24 https://www.justice.gov/usao-ndca/pr/ sacramento-area-resident-charged-flying-droneover-nfl-games-violation-national-defense. Accessed June 10, 2019. 25 Id. 26 https://www.washingtonpost.com/ transportation/2019/01/22/drone-activity-halts-airtraffic-newark-liberty-international-airport/ ?noredirect=on&utm_term=.c0e920a9e756. Accessed June 11, 2019. 27 https://www.theguardian.com/uk-news/2018/ dec/21/gatwick-airport-reopens-limited-number-offlights-drone-disruption. Accessed June 11, 2019. PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 72455 Dubai,28 Dublin,29 and Frankfurt 30 within the last year, further demonstrate the potential for significant operational and financial impact from the presence of an unauthorized UAS in and around an airport. UAS operators have not been identified in any of these airport events. Remote identification of UAS would potentially prevent disruptions such as these by enabling real time action by the FAA, airport facilities, and law enforcement. Remote identification would also aid in preventing terrorist attacks. Recent reports in the news including the Islamic State of Iraq and Ash-Sham’s modifications of commercial UAS,31 the assassination attempt of Nicola´s Maduro in Venezuela,32 a foiled plot in the United Kingdom to fly an unmanned aircraft into an airliner,33 and a bombladen unmanned aircraft flown by Huthi forces and detonated over a military parade in Yemen 34 illustrate the ways in which UAS may be used to threaten life, critical infrastructure, and national security. Remote identification of UAS would enable national security agencies and law enforcement to quickly identify potential threats and act to prevent such incidents. The use of UAS to smuggle contraband into correctional facilities is also increasingly common.35 Even inexpensive consumer-grade UAS models have sufficient payload and technical capabilities to carry illicit and dangerous items over prison walls. Recent efforts by law enforcement, for example, have included the investigation and prosecution of an individual who illegally operated a consumer-grade UAS with the intent to deliver contraband (marijuana) into a 28 https://www.digitaljournal.com/tech-andscience/technology/q-a-recent-airport-shutdownsneed-drone-interdiction-technology/article/543680. Accessed June 11, 2019. 29 https://dronelife.com/2019/02/22/flights-weregrounded-at-dublin-airport-after-another-dronesighting/. Accessed June 11, 2019. 30 https://www.ecnmag.com/news/2019/03/dronesightings-interrupt-germanys-frankfurt-airport. Accessed June 10, 2019. 31 https://ctc.usma.edu/app/uploads/2018/07/ Islamic-State-and-Drones-Release-Version.pdf. Accessed June 11, 2019. 32 https://www.bbc.com/news/world-latinamerica-45073385. Accessed June 9, 2019. 33 https://www.dailystar.co.uk/news/latest-news/ 724185/Terror-drone-plot-Britain-UK-spies-foil. Accessed June 11, 2019. 34 https://www.reuters.com/article/us-yemensecurity/houthi-drones-kill-several-at-yemenimilitary-parade-idUSKCN1P40N9. Accessed June 11, 2019. 35 https://www.washingtonpost.com/local/ prisons-try-to-stop-drones-from-delivering-drugsporn-and-cellphones-to-inmates/2016/10/12/ 645fb102–800c-11e6–8d0c-fb6c00c90481_ story.html?utm_term=.22b0427db4d0. Accessed June 11, 2019. E:\FR\FM\31DEP2.SGM 31DEP2 72456 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 Georgia state prison. The prosecution ultimately resulted in a guilty plea in the Middle District of Georgia to a charge of operating an aircraft eligible for registration knowing that the aircraft is not registered to facilitate a controlled substance offense. The defendant received a sentence of 48 months in prison.36 Remote identification will assist law enforcement in their efforts to find and stop operators who attempt to engage in similar conduct. Four Federal departments 37 have the authority to deploy counter-UAS systems to detect and mitigate credible threats posed by UAS.38 Remote identification of UAS would provide these departments with increased awareness of UAS operations conducted across certain geographical areas of interest. That information would aid the determination of whether UAS represent a threat that must be met with counter-UAS capabilities. In particular, remote identification would provide these departments with crucial information about the owner of the UAS, and the control station’s location in near real-time, supplementing and enriching information obtained via UAS detection capabilities. The FAA believes that the ability to identify the owner and the location of the control station would help these Federal agencies to more accurately assess risk and take action commensurate with that risk. In addition, certain public safety activities have been hampered by the inability to identify UAS and their locations. While there are numerous examples, in one case, a UAS interfered with a police helicopter assisting with a cliff rescue; 39 in another case, a UAS interfered with a police helicopter assisting a fire response.40 In 2017, a helicopter performing security for the United Nations General Assembly struck an unmanned aircraft, causing more than $100,000 worth of damage to the helicopter.41 Remote identification would enable the FAA, first responders, and law enforcement officers to more easily determine who is operating in the airspace, providing important 36 https://www.justice.gov/usao-mdga/pr/illegaldrone-operator-sentenced-attempting-drop-drugsgeorgia-state-prison. 37 Department of Defense, Department of Energy, Department of Homeland Security, and the Department of Justice. 38 10 U.S.C. 130i; 50 U.S.C. 2661; 6 U.S.C. 124n. 39 https://www.mercurynews.com/2017/01/30/ pacifica-drone-operator-arrested-for-interferingwith-helicopter-rescue-mission/. 40 https://www.nbcwashington.com/news/local/ College-Park-Man-Arrested-For-Flying-Drone-Near5-Alarm-Fire-Monday-420369903.html. 41 https://www.reuters.com/article/us-usamilitary-drone/u-s-probing-collision-betweencivilian-drone-army-helicopter-idUSKBN1CA1Z0. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 information to help determine appropriate responses to ensure the safety and security of the airspace of the United States and the people on the ground. Although Federal, State, and local law enforcement agencies are responsible for the investigation and prosecution of illegal activities, the FAA retains the regulatory and civil enforcement authority and oversight over aviation activities that create hazards and pose threats to the safety of flight in air commerce. Both safety and security enforcement are extremely difficult absent a remote identification requirement that enables the prompt and accurate identification of UAS and operators. V. Related International Activities The International Civil Aviation Organization (ICAO) does not prescribe any remote identification equipage for UAS. However, as of the date of publication of this proposed rule, ICAO advisory groups are developing material addressing UTM and UAS operations under instrument flight rules (IFR). The European Union, the Direction Ge´ne´rale de l’Aviation Civile (France Civil Aviation Authority), and the Civil Aviation Administration Denmark (Denmark Civil Aviation Authority) have also proposed various actions and advisory group activity for remote identification. With the exception of Italy and Qatar, no individual ICAO-member Civil Aviation Authority has remote identification requirements for UAS. The Italian Civil Aviation Authority requires aircraft with a maximum takeoff weight of more than 55 pounds (25kg) to have certain equipage that transmits flight parameters and owner/ operator data. Aircraft compliant with these requirements must also meet data storage standards. The Qatar Civil Aviation Authority requires that certain UAS operations be conducted with prescribed geo-fencing and electronic identification systems. In May 2017, the European Commission published a notice of proposed amendment which included proposed rules for remote identification. That proposed amendment would require UAS to broadcast a unique physical serial number of the unmanned aircraft compliant with standard ANSI/ CTA–2063, the geographical position of the unmanned aircraft and its height above the takeoff point, the direction and speed of the unmanned aircraft, and the geographical position of the unmanned aircraft takeoff point. During the first half of 2019, the European Commission finalized and adopted the PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 following rules for remote identification: (1) The Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems, and (2) the Commission Implementing Regulation (EU) 2019/947 of 24 May 2019 on the rules and procedures for the operation of unmanned aircraft. The regulations address the design and operational requirements for unmanned aircraft and include a requirement for unmanned aircraft to be individually identifiable, but do not impose a European standard for remote identification. As adopted, the regulations require the local broadcast of information about an unmanned aircraft in operation, including the marking of the unmanned aircraft to demonstrate conformity with the applicable requirements, so that the information may be obtained without physical access to the unmanned aircraft. The remote identification requirements adopted by the European Commission include the following: (a) Allowing the upload of the UAS operator registration number in accordance with Article 14 of Implementing Regulation (EU) 2019/947 and exclusively following the process provided by the registration system; (b) Ensuring, in real time during the whole duration of the flight, the direct periodic broadcast from the unmanned aircraft using an open and documented transmission protocol, of the following data, in a way that they can be received directly by existing mobile devices within the broadcasting range: (1) the UAS operator registration number; (2) the unique physical serial number of the unmanned aircraft compliant with standard ANSI/CTA–2063; (3) the geographical position of the unmanned aircraft and its height above the surface or take-off point; (4) the route course measured clockwise from true north and ground speed of the unmanned aircraft; and (5) the geographical position of the remote pilot or, if not available, the take-off point. (c) Ensuring that the user cannot modify the data mentioned under paragraph (b)(2) through (5). VI. Aviation Rulemaking Committee On July 15, 2016, Congress passed the FAA Extension, Safety, and Security Act of 2016 (Pub. L. 114–190). Pursuant to section 2202 of that Act, the Administrator and the Secretary were tasked with convening industry stakeholders to facilitate the development of consensus standards for E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules remotely identifying operators and owners of UAS and associated unmanned aircraft. As part of the standards development, the Administrator was directed to consider: (1) Requirements for remote identification of UAS; (2) requirements for different classifications of UAS; and (3) the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and operators, and criteria for exclusion from the database. To comply with the Congressional mandate, on May 4, 2017, the Administrator chartered the Unmanned Aircraft Systems (UAS) Identification (ID) and Tracking Aviation Rulemaking Committee (ARC) (UAS–ID ARC) to inform the FAA on technologies available for remote identification and tracking of UAS and to make recommendations for how remote identification and tracking could be implemented.42 The FAA charged the UAS–ID ARC with the following three objectives: • Identify, categorize, and recommend available and emerging technology for the remote identification and tracking of UAS. • Identify the requirements for meeting the security and public safety needs of the law enforcement, homeland defense, and national security communities for the remote identification and tracking of UAS. • Evaluate the feasibility and affordability of available technical solutions, and determine how well those technologies address the needs of the law enforcement and air traffic control communities. Develop evaluation criteria and characteristics for making decisions, and rate the available technical solutions provided. The Administrator was also tasked with submitting a report to Congress regarding any standards developed and issuing regulations based on the standards developed. On June 30, 2017, the Administrator sent a letter to the Chairman of the Commerce, Science, and Transportation Committee detailing the FAA’s considerations and efforts in supporting the development and implementation of Remote ID standards. khammond on DSKJM1Z7X2PROD with PROPOSALS2 A. ARC Recommendations Final Report The members of the UAS–ID ARC were organized into working groups. 42 The UAS–ID ARC was composed of 74 members representing aviation community and industry member organizations, law enforcement agencies and public safety organizations, manufacturers, researchers, and standards bodies that are involved in the promotion and production of UAS and in addressing security issues surrounding the operation of UAS. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Working Group One (WG1) was tasked with identifying, categorizing, and recommending available and emerging technologies for the remote identification and tracking of UAS. WG1 identified and analyzed eight viable technology solutions, falling into two broad categories: (1) Direct broadcast solutions; and (2) network publishing solutions.43 A detailed discussion of the eight viable technology solutions, as well as tables summarizing WG1’s analysis of those solutions can be found in the ARC Recommendations Final Report (Recommendations Report), available in the docket for this rulemaking. Working Group Two (WG2) was tasked with identifying the requirements for meeting the security and public safety needs of the law enforcement, homeland defense, and national security communities for the remote identification and tracking of UAS. WG2 identified two general categories of UAS ID and tracking needs: (1) Incident investigation; and (2) active monitoring of heightened awareness areas. To achieve the goals of both categories, WG2 determined that all UAS meeting certain threshold requirements would need to be tracked, whether passively or actively, from commencement to termination of each operation.44 WG2 further concluded that information regarding the position of the aircraft, the location of the control station, and the identity of the remote pilot would help maintain a safe and secure environment for the general public and public safety officials. The working groups presented their findings and conclusions to the full UAS–ID ARC for consideration in making its recommendations. The UAS– ID ARC submitted its Recommendations Report to the FAA on September 30, 2017. Although some decisions were not unanimous, the ARC reached general agreement on many of its recommendations.45 43 The eight viable technology solutions WG1 identified are: (1) Automatic Dependent Surveillance Broadcast (ADS–B); (2) Low Power Direct RF; (3) Networked Cellular; (4) Satellite; (5) SW-based Flight Notification with Telemetry; (6) Unlicensed Integrated C2; (7) Physical Indicator; and (8) Visual Light Encoding. 44 WG2 determined that UAS with either of the following characteristics should be required to comply with remote identification and tracking requirements: (1) Those that have the ability to navigate between more than one point without direct and active control of the pilot; or (2) those that have a range from control station greater than 400 feet and real-time remotely viewable sensor. 45 Appendix D of the ARC’s Recommendations Report contains dissenting opinions submitted by ARC members, as well as a chart showing a breakdown of how ARC members voted on the final report. The Recommendations Report is available in the docket for this rulemaking. PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 72457 1. Applicability of Remote ID and Tracking Requirements In its Recommendations Report, the ARC presented two options for an applicability threshold for the ID and tracking requirements and recommended the FAA give due consideration to both of those options. Option 1: All UAS are required to comply with remote identification and tracking requirements except under any of the following circumstances: • The unmanned aircraft is operated within visual line of sight of the remote pilot and is designed to not be capable of flying beyond 400 feet of the remote pilot.46 • The unmanned aircraft is operated in compliance with 14 CFR part 101, unless the unmanned aircraft: Æ Is equipped with advanced flight systems technologies that enable the aircraft to navigate from one point to another without continuous input and direction from the remote pilot. Æ Is equipped with a real-time downlinked remote sensor that provides the remote pilot the capability of navigating the aircraft beyond visual line of sight of the remote pilot. • The UAS is operated under ATC and contains the equipment associated with such operations (including ADS–B, transponder, and communication with ATC). • The UAS operation is exempt from ID and tracking requirements by the FAA (e.g., for the purposes of law enforcement, security or defense, or under an FAA waiver). Option 2: UAS with either of the following characteristics are required to comply with remote identification and tracking requirements: • Ability of the aircraft to navigate between more than one point without direct and active control of the pilot. • Range from control station greater than 400 feet and real-time remotely viewable sensor. The ARC also recommended that, regardless of which option for applicability the FAA chooses, UAS operating under the following circumstances be exempt from the remote identification and tracking requirement: • The UAS is operated under ATC and contains the equipment associated with such operations (including ADS–B, transponder, and communication with ATC). • The UAS operation is exempt from ID and tracking requirements by the 46 The ARC noted that it is not intending to encompass drone racing at very low altitudes on a closed course that may be authorized by operation, by location, or some other mechanism. E:\FR\FM\31DEP2.SGM 31DEP2 72458 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 FAA (e.g., for the purposes of law enforcement, security or defense, or under an FAA waiver). The ARC further recommended the FAA do the following regarding the applicability of remote identification and tracking requirements: • Include a waiver mechanism in the remote identification and tracking rule. • Apply the remote identification and tracking requirements to the remote pilot, not to the manufacturer of the UAS. • Require manufacturers to label their products to indicate whether they are capable of meeting applicable remote identification and tracking requirements. • Consider whether unmanned aircraft equipped with advanced flight system technologies that are strictly for safety purposes and that keep the aircraft within visual line of sight of the remote pilot, such as a ‘‘return to home’’ feature, should be exempt from remote identification and tracking requirements, provided the safety features cannot be readily altered or reprogrammed. Some ARC members objected to both of the applicability options presented in the Recommendations Report, favoring instead a weight-based threshold for applicability, with remote identification and tracking requirements applying to any UAS or model aircraft weighing 250 grams or more. These members also argued that there should be no exemption from the remote identification and tracking requirements for unmanned aircraft operated in compliance with part 101 (i.e., model aircraft).47 2. Method To Provide Remote ID and Tracking Information The ARC recommended two methods for UAS to provide remote identification and tracking information: (1) Direct broadcast; and (2) network publishing to an FAA-approved internet-based database. With regard to direct broadcast capabilities, the ARC recommended the FAA adopt an industry standard for data transmission, which may need to be created, to ensure unmanned aircraft equipment and public safety receivers are interoperable, as public safety officials may not be able to equip with receivers for all possible direct broadcast technologies. With regard to network publishing, the ARC recommended that information held by Third Party Providers (TPP) or UAS 47 Section 336 of Public Law 112–95, the underlying authority for 14 CFR part 101 Subpart E- Special Rule for Model Aircraft, was repealed by section 349 of the FAA Reauthorization Act of 2018, Public Law 115–254. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Service Suppliers (USS) be governed by restrictive use conditions imposed on the TPP/USS related to the use and dissemination of any data and information collected. 3. Tiered Approach to Remote ID and Tracking Requirements The ARC recommended the following tiered approach to direct broadcast and network publishing requirements: • Tier 1—Direct broadcast (locally) or Network publish: UAS in this tier would be required to direct broadcast both ID and tracking information so that any compatible receiver nearby can receive and decode the ID and tracking data. If a network is available, network publishing to an FAA-approved internet-based database satisfies this requirement. A UAS would fall into Tier 1 if it does not qualify for an exemption from remote identification and tracking requirements (exempt UAS are referred to as Tier 0) and does not meet the conditions for Tier 2 or Tier 3. For example UAS conducting most part 107 operations would fit into Tier 1. • Tier 2—Direct broadcast (locally) and Network publish: UAS in this tier would be required to broadcast (locally) ID and tracking data and network publish ID and tracking data to an FAAapproved internet-based database. An example of UAS that may fall into Tier 2 would be UAS that are conducting waivered operations that deviate from certain part 107 operating rules, and where the FAA determines that Tier 2 ID and tracking are required as a condition of the waiver. • Tier 3—Flight under part 91 rules: UAS in this tier would have to adhere to the rules of manned aircraft as defined in 14 CFR part 91. This tier is intended for aircraft that are integrated into the manned aircraft airspace. An example of UAS that may fall into Tier 3 are those whose unmanned aircraft weighs above 55 pounds and operating BVLOS, in IFR conditions, or operating in controlled airspace. 4. Stages of Implementation of Remote ID and Tracking Rule The ARC recommended the following three stages for implementing a remote identification and tracking rule: • Pre-rule—Broaden UAS safety education efforts and continue the UAS detection pathway research with industry stakeholders. • Before final rule is enacted—Work to scope standards needed to enable direct broadcast and network publishing technologies for implementing the remote identification and tracking requirement on new equipment and existing equipment; ensure that PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 standards for ID and tracking technology move forward at a rapid pace; and work closely with industry stakeholders on developing the ideal architecture for the PII System.48 • After final rule enacted—Allow a reasonable grace period to carry out retrofit of UAS manufactured and sold within the United States before the final rule (with grace period ending) when retrofit options are inexpensive and easy to implement.49 5. Minimum Data Requirements for Remote ID and Tracking The ARC recommended a set of minimum data requirements for remote identification and tracking of UAS. Under the ARC’s recommendation, availability of the following types of data related to the unmanned aircraft or associated control station would be required: (1) Unique identifier of the unmanned aircraft; (2) tracking information for the UAS; and (3) identifying information of the UAS owner and remote pilot. Availability of the following types of data related to the unmanned aircraft or associated control station would be optional: (1) Mission type; (2) route data; and (3) operating status of the unmanned aircraft. The ARC also recommended that the specific data elements to be provided by the UAS operator should vary depending on the nature of the operation. Finally, the ARC recommended that some data elements be provided prior to flight (e.g., via the internet), while other data elements be provided in real-time while the UAS is in flight. 6. ATC Interoperability With respect to ATC interoperability with the remote identification and tracking system, the ARC recommended the following: • The FAA should identify whether BVLOS operations would routinely occur without an IFR flight plan, and if so, under what operational conditions. • Any proposal for using ADS–B frequencies in the solution for UAS ID and tracking would have to be analyzed for the impact on the performance of current and future Secondary Surveillance Radar (SSR), Airborne 48 The ARC report defines ‘‘PII System’’ as follows: ‘‘PII System includes processes and technology (direct broadcast or network publishing) that enables approved users to associate UAS ID with the FAA System of Records. This system would include the database where remote pilot/ owner/operator PII [personally identifiable information] is housed for access by authorized users.’’ 49 The FAA notes that the ARC only discussed establishing a grace period for implementation of remote identification. The ARC did not discuss or address grandfathering of existing UAS. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules Collision Avoidance System (ACAS), and ADS–B. • The UAS ID and tracking system should interoperate with the ATC automation such that target information from the ID and tracking ground system, including ID and position, can be passed to ATC automation. • FAA automation should by default filter out UAS ID and tracking system targets from the ATC display that fall outside of adapted airspace deemed to be of interest to ATC. • FAA automation and the UAS ID and tracking system should be able to display designated UAS targets of interest to ATC personnel. 7. Airports and Critical Infrastructure The ARC recommended the FAA do the following related to airports and critical infrastructure: • Incorporate implementation costs of critical infrastructure facilities into rulemaking analysis. • Identify an approach and timeline to designating approved technologies for airports and critical infrastructure facilities, and address any legal barriers to implementing approved technologies. • Provide guidance to airports on any impact or interference to safe airport operations including how UAS ID and tracking may impact definition of UAS Facility Maps, security procedures, and risk assessments of UAS operations. khammond on DSKJM1Z7X2PROD with PROPOSALS2 8. Related Issues Finally, the ARC identified related issues it determined could have an impact on the implementation of effective UAS ID and tracking solutions, and recommended the following for FAA’s consideration: • Access to data related to direct broadcast and network publishing—The FAA should implement three levels of access to the information that is either broadcast or captured and contained in the appropriate database: (1) Information available to the public (the unmanned aircraft unique identifier); (2) information available to designated public safety and airspace management officials (personally identifiable information (PII)); and (3) information available to the FAA and certain identified Federal, State, and local agencies (all relevant tracking data). • PII—The United States government should be the sole keeper of any PII collected or submitted in connection with new UAS ID and tracking requirements. • Governmental UAS Operations— The remote identification and tracking system should include reasonable accommodations to protect the VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 operational security of certain governmental UAS operations. B. FAA Response to ARC Report The ARC was tasked with considering both identification and tracking of UAS; however, the ARC did not provide any specific recommendations related to tracking of UAS. The FAA has developed this proposed rule to require only the identification of UAS. Although the FAA is not proposing any requirements related to the use of remote identification information for tracking UAS, the FAA acknowledges that third parties could potentially track UAS operations in the airspace of the United States by developing systems that use information provided to Remote ID USS or through broadcasts. Similar third party applications exist today, such as FlightAware and Flightradar24, that track and display information about manned aircraft operations in the airspace of the United States. Although there was general agreement that certain UAS operations should be excluded from a remote identification requirement, the ARC did not reach consensus on the applicability of such a requirement. The ARC’s two recommended approaches would have provided for significant numbers of UAS without remote identification.50 50 The ARC recommended the following options: Option 1: Except for those members who strongly favor a weight-based threshold for applicability and those members who strongly oppose an exemption for model aircraft operated in compliance with 14 CFR part 101 . . ., the ARC recommends that all UAS be required to comply with remote ID and tracking requirements except under the following circumstances: 1. The unmanned aircraft is operated within visual line of sight of the remote pilot and is not designed to have the capability of flying beyond 400′ of the remote pilot. 2. The unmanned aircraft is operated in compliance with 14 CFR part 101, unless the unmanned aircraft: a. Is equipped with advanced flight systems technologies that enable the aircraft to navigate from one point to another without continuous input and direction from the remote pilot. b. Is equipped with a real-time downlinked remote sensor that provides the remote pilot the capability of navigating the aircraft beyond visual line of sight of the remote pilot. 3. The UAS is operated under ATC and contains the equipment associated with such operations (including ADS–B, transponder, and communication with ATC). 4. The UAS operation is exempt from ID and tracking requirements by the FAA (e.g., for the purposes of law enforcement, security or defense, or under an FAA waiver). Option 2: Except for those members who strongly favor a weight-based threshold for applicability . . ., the ARC recommends UAS with either of the following characteristics must comply with remote ID and tracking requirements: PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 72459 The FAA believes that there is a need to identify as many UAS as possible because a comprehensive approach increases the usefulness of a remote identification system. Moreover, some of the ARC’s applicability recommendation hinged on whether the UAS in question would have certain sensor capabilities. After consideration, the FAA determined that the sensor capabilities of a particular UAS should not be a factor in determining whether the aircraft should have remote identification. UAS without sensor capabilities can still be operated in a manner that may pose a threat to public safety, national security, and the safety and efficiency of the airspace of the United States and therefore the FAA determined that this recommendation would not meet the objective of this proposed rule. Accordingly, the FAA is proposing that the majority of UAS should have remote identification, regardless of the sensors installed on the unmanned aircraft. However, the FAA acknowledges that remote identification is not necessary for certain UAS operations conducted in an FAArecognized identification area. The FAA acknowledges the dissenting opinion within the ARC regarding using weight as the sole determinant of whether an unmanned aircraft should be required to have remote identification. While an exclusion to any remote identification requirement based on weight or operational performance could make sense from a law enforcement and security perspective, the same cannot be said from the perspective of the overall safety of the airspace of the United States. Because remote identification could be used in the near term to provide situational awareness, and because remote identification would ultimately be a foundational element of a UTM system, it is important for most UAS operated in the airspace of the United States to comply with the remote identification requirements. The FAA does not believe that weight alone should be the determining factor 1. Ability of the aircraft to navigate between more than one point without direct and active control of the pilot. 2. Range from control station greater than 400′ and real-time remotely viewable sensor. The ARC further recommends that UAS operating under the following circumstances be exempt from the remote ID and tracking requirement: • The UAS is operated under ATC and contains the equipment associated with such operations (including ADS–B, transponder, and communication with ATC). • The UAS operation is exempt from ID and tracking requirements by the FAA (e.g., for the purposes of law enforcement, security or defense, or under an FAA waiver). E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72460 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules for whether a UAS is required to comply with remote identification. UAS may be used in a wide variety of types of operations that may present a range of safety and security risks, regardless of the weight of the unmanned aircraft. The FAA believes that the remote identification requirement should be tied to the unmanned aircraft registration requirement because the FAA, national security agencies, and law enforcement agencies have a need to correlate remote identification and registration data. If an unmanned aircraft is required to be registered, or its owner chooses to register the unmanned aircraft, then the UAS would have to comply with remote identification. Accordingly, under current regulations unmanned aircraft weighing less than 0.55 pounds would not be required to comply with the remote identification requirements unless they are registered under part 47 or part 48 (e.g., to comply with the operating requirements of part 91 or part 107). Changes to the registration requirements in part 47 or part 48 (e.g., to require unmanned aircraft weighting less than 0.55 pounds to register) would have a direct impact on which UAS would have to comply with remote identification. The FAA does not agree with the recommendation that model aircraft, referred to throughout this proposal as limited recreational operations for consistency with 49 U.S.C. 44809, should be excluded from the remote identification requirements. Unmanned aircraft used in limited recreational operations required to register under part 47 or part 48 would be subject to the proposed remote identification requirement. The agency is, however, proposing a means for such aircraft to operate without remote identification equipment. Under the proposed rule, UAS would be permitted to operate without remote identification equipment if they are operated within visual line of sight and within an FAArecognized identification area. The FAA agrees with the ARC’s recommendation for the methods of transmission for the remote identification message elements. The FAA agrees that requiring the broadcasting of messages directly from the unmanned aircraft and the transmission of messages over the internet is an appropriate approach because it provides a more complete picture of unmanned aircraft in the airspace of the United States. Moreover, this would support the development of UTM. Thus, the FAA proposes to require both the broadcast of the message elements and their transmission through the internet to a VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Remote ID USS for standard remote identification UAS. Regarding the ARC’s recommendation for a tiered approach for remote identification, the FAA agrees that some UAS, depending on their capabilities, may meet the intent of this proposed rule by only transmitting through the internet to a Remote ID USS. To accommodate these types of UAS, the FAA is proposing that a limited remote identification unmanned aircraft that is designed to operate no more than 400 feet from its control station be required to transmit information regarding the control station only. Standard remote identification UAS would be required to broadcast and transmit the remote identification message elements for both the unmanned aircraft and the control station. The ARC identified a range of 400 feet as the maximum distance that an unmanned aircraft could be operated from its control station where a law enforcement officer could reasonably locate and identify the operator of the unmanned aircraft by visual means only. The FAA agrees with the ARC determination that 400 feet is a reasonable distance for visually associating an unmanned aircraft with the location of its control station, and has included a 400-foot range limitation in the requirements for limited remote identification UAS. The FAA agrees with some of the ARC’s recommendations related to the transmission of message elements. Specifically, the FAA agrees that a unique identifier should be broadcast or transmitted, as appropriate, and be part of the unmanned aircraft’s Certificate of Aircraft Registration. The FAA also agrees that the location of the unmanned aircraft and the control station should be broadcast or transmitted, as appropriate. However, the FAA is not proposing for the identity of the owner of the UAS to be included in the message elements, because the message elements would generally be available to the public. The message elements that the FAA is proposing are the minimum necessary to achieve the FAA’s safety and security goals while avoiding potential privacy concerns. UAS owner information would still be available to the FAA and law enforcement because the FAA would retain the ability to correlate the unmanned aircraft’s unique identifier with the unmanned aircraft’s registration information. The ARC also recommended a number of message elements that could be optionally transmitted. The FAA concurs with the ARC’s recommendation to include the PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 emergency status of the UAS, which could include lost-link or downed aircraft, as part of the remote identification message elements, and therefore proposes to include it as a requirement of the proposed rule. This proposed rule does not preclude broadcasting or transmitting information, as appropriate in addition to the minimum required message elements, although any additional message elements would have to be incorporated as a part of an FAAaccepted means of compliance. The FAA disagrees with the ARC’s recommendation that the identifying information required to be transmitted would be based on the type of operation. The FAA believes that all of the message elements proposed should be broadcast or transmitted, as appropriate, by a UAS from takeoff to landing, regardless of the type of operation being conducted. By requiring the broadcast or transmission, as appropriate, of all message elements from takeoff to landing, the FAA is able to garner basic remote identification information that contributes to the development and operation of comprehensive UTM and ultimately enhances the safety and security of the airspace of the United States. The FAA agrees with the ARC that the UAS operator should be responsible for ensuring that his or her UAS complies with the remote identification requirements. Ultimately, it would be the operator’s responsibility to operate in compliance. That said, the FAA understands that responsibility for meeting UAS design and production requirements should not fall on UAS operators. Accordingly, the FAA is proposing requirements for UAS producers to ensure that UAS are designed and produced in a way that ensures reliable functionality of the remote identification equipment with minimal additional responsibilities for the UAS operator. The FAA concurs with the ARC’s recommendation that manufacturers label UAS to indicate that they comply with the requirements being proposed in this rule, and is proposing that all producers of standard remote identification UAS and limited remote identification UAS label their unmanned aircraft accordingly. The FAA believes that a labeling requirement would communicate to prospective operators, after-market purchasers, law enforcement, and other persons whether a UAS complies with E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules the remote identification requirements.51 khammond on DSKJM1Z7X2PROD with PROPOSALS2 VII. Terms Used in This Proposed Rule The FAA is proposing to define a number of new terms to facilitate the implementation of remote identification of UAS. In part 1, definitions and abbreviations, the FAA is proposing to add definitions of unmanned aircraft system, unmanned aircraft system service supplier, and visual line of sight to § 1.1. The FAA is proposing that unmanned aircraft system (UAS) means an unmanned aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) that are required for the safe and efficient operation of the unmanned aircraft in the airspace of the United States. The FAA is proposing that unmanned aircraft system service supplier means a person qualified by the Administrator to provide aviation-related services to unmanned aircraft systems. The FAA is proposing that visual line of sight means the ability of a person manipulating the flight controls of the unmanned aircraft or a visual observer (if one is used) to see the unmanned aircraft throughout the entire flight with vision that is unaided by any device other than corrective lenses. The FAA recognizes that the term visual line of sight is already used in part 107. The term is specifically described in § 107.31(a). However, the FAA believes that providing a definition in § 1.1 would ensure that the term is used consistently throughout all FAA regulations. Therefore, the FAA is proposing to use the description of visual line of sight contained in § 107.31, without the part 107-specific regulatory requirements, as the basis for the definition of the term visual line of sight in § 1.1.52 To account for the use 51 In addition to the ARC feedback, during the development of this NPRM, the FAA received two letters specific to remote identification of UAS, one from the Academy of Model Aeronautics and the other from the Small UAV Coalition. Both letters provided their respective organizations’ views on the policies that the FAA should propose in this rule. Neither of these letters were considered in the development of this rule. Both letters have been placed in the docket for this rulemaking. 52 In relevant part, 14 CFR 107.31(a) describes visual line of sight as with vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to: (1) Know the unmanned aircraft’s location; (2) Determine the unmanned aircraft’s attitude, altitude, and direction of flight; (3) Observe the airspace for other air traffic or hazards; and (4) Determine that the unmanned VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 of the term in proposed part 89 and the potential use of the term in other parts of 14 CFR, the FAA is proposing to include a slightly modified version of the description used in part 107. Part 107 remote pilots and visual observers would still be bound by the specific provisions of § 107.31 absent a waiver. In § 1.2, abbreviations and symbols, the FAA is proposing to add the abbreviation USS to mean an Unmanned Aircraft System Service Supplier. The FAA is proposing to add a new part 89, Remote Identification of Unmanned Aircraft Systems, to title 14, chapter I, subchapter F, Air Traffic and General Operating Rules. In part 89, § 89.1, the FAA is proposing to include the following definitions: Amateur-built unmanned aircraft system means an unmanned aircraft system the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for their own education or recreation.53 Broadcast means to send information from an unmanned aircraft using radio frequency spectrum. Remote ID USS means a USS qualified by the Administrator to provide remote identification services. VIII. Applicability of Remote Identification Requirements The FAA is proposing to require a new set of technologies, systems, and guidelines for the remote identification of UAS. The proposal includes requirements that apply to operators of UAS, requirements for the development of means of compliance, and requirements that apply to designers and producers of UAS. The FAA is proposing to add a new part 89, Remote Identification of Unmanned Aircraft Systems, to 14 CFR, chapter I, subchapter F, Air Traffic and General Operating Rules. The operating requirements in subpart B of part 89 would apply to persons operating unmanned aircraft registered or required to be registered under part 47 or part 48. The FAA is proposing to tie the remote identification requirements to the registration requirements because the remote identification data broadcast or transmitted from a UAS is meant to be correlated to the registration data of such UAS. To facilitate the correlation of data, the FAA proposes certain changes to the registration requirements aircraft does not endanger the life or property of another. 53 As currently proposed, amateur-built UAS would not include unmanned aircraft kits where the majority of parts of the UAS are provided to the operator as a part of the sold product. PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 72461 in parts 47 and 48, which are discussed in section IX of this preamble. Specifically, the FAA proposes to revise part 48 to require the individual registration of unmanned aircraft.54 The FAA also proposes to require that all registrations of unmanned aircraft with remote identification include the serial number assigned by the producer of the unmanned aircraft. The serial number would be used to provide a unique identity to each unmanned aircraft for remote identification purposes. The operating requirements of the proposed rule would also apply to persons operating foreign civil unmanned aircraft in the United States and to persons operating UAS exclusively within FAA-recognized identification areas. The operating requirements of the proposed rule would not apply to aircraft of the Armed Forces of the United States because these aircraft are not required to be registered under part 47 or part 48. The design and production requirements in subpart F of proposed part 89 would apply to persons responsible for the design and production of UAS produced for operation in the United States. The design and production requirements would not, however, apply to the following UAS, unless they are intentionally produced with remote identification (i.e., a standard remote identification UAS or limited remote identification UAS): amateur-built UAS and UAS of the United States Government. Producers of UAS weighing less than 0.55 pounds (current weight threshold for requirement to register) may, but would not be required to, comply with the proposed remote identification design and production requirements. The FAA anticipates that industry stakeholders would develop means of compliance (which may include consensus standards) that UAS designers and producers would use to comply with the requirements of this proposed rule. Any person or entity could submit a means of compliance for acceptance by the FAA if it meets the requirements in subpart D of proposed part 89. IX. Changes to Registration Requirements Under the proposed rule, persons operating unmanned aircraft registered or required to be registered under part 47 or part 48, would have to comply 54 Currently, 14 CFR part 48 allows owners with UAS operated for limited recreational purposes to register multiple unmanned aircraft under a single registration number. E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72462 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules with the remote identification requirements of proposed part 89. The FAA is proposing to tie the remote identification requirements to the registration of unmanned aircraft because the FAA and law enforcement agencies need the ability to correlate remote identification information with registration data to obtain more complete information regarding the ownership of unmanned aircraft flying in the airspace of the United States. Aircraft registration requirements are the foundation for both identifying aircraft and for promoting accountability and the safe and efficient use of the airspace of the United States by both manned and unmanned aircraft. With limited exceptions, all aircraft are required to be registered under part 47 or part 48; therefore, nearly all UAS operating in the airspace of the United States would have to comply with the remote identification requirements, thereby enhancing the overall safety and efficiency of the airspace of the United States. Parts 47 and 48 of title 14 of the Code of Federal Regulations implement the registration requirements codified in 49 U.S.C. 44101–44103. Additional statutory requirements address the registration of unmanned aircraft; specifically, 49 U.S.C. 44809(a)(8) requires unmanned aircraft used in limited recreational operations to be registered and marked in accordance with chapter 441 of Title 49 of the United States Code. Furthermore, under 49 U.S.C. 44809(f), the Administrator is not prohibited from promulgating rules relating to the registration and marking of unmanned aircraft including unmanned aircraft used in limited recreational operations.55 Under the current registration requirements, no person may operate an unmanned aircraft in the airspace of the United States unless it has been registered by its owner pursuant to part 47 or part 48, or unless the aircraft is excepted from registration. There are two exceptions to the registration requirements for unmanned aircraft: (1) Unmanned aircraft of the Armed Forces of the United States; and (2) most unmanned aircraft weighing 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the aircraft. Small unmanned aircraft operating under 14 CFR part 91 and part 107 are required to register under part 47 or part 48 regardless of weight. 55 Section 336 of Public Law 112–95, which prohibited the FAA from implementing new regulations on certain recreational UAS operations, was repealed by section 349 of the FAA Reauthorization Act of 2018, Public Law 115–254. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 A. Registration Under Part 47 Registration under part 47 is required for: (1) Unmanned aircraft weighing 55 pounds or more; (2) small unmanned aircraft intended to be operated outside of the territorial airspace of the United States; and (3) small unmanned aircraft registered through a trust or voting trust (e.g., to meet U.S. citizenship requirements). Registration under part 47 is available for: (1) Any unmanned aircraft (including small unmanned aircraft) that needs—or desires—an N-number registration (e.g., to operate outside the United States); or (2) when public recording is needed for unmanned aircraft-related loans, leases, or ownership documents. To register under part 47, the unmanned aircraft must not be registered under the laws of a foreign country, and must be: (1) Owned by a citizen of the United States; (2) owned by an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; (3) owned by a corporation not a citizen of the U.S. when the corporation is organized and doing business under U.S. Federal or State laws, and the aircraft is based and primarily used in the United States; or (4) owned by the U.S. Government, or a State, or local governmental entity. The registration process under part 47 is paper-based and commences with the filing of an Aircraft Registration Application (AC Form 8050–1) with the FAA Aircraft Registry. At a minimum, applicants must provide evidence of ownership (e.g., a traditional bill of sale, a contract of conditional sale, a lease with purchase option, or an heir-at-law affidavit), provide a certification of eligibility for registration, and pay a registration fee. Additional documentation may be required, particularly for amateur-built aircraft and aircraft imported from foreign jurisdictions. Additional information required may include a builder certificate describing the type of aircraft and a comprehensive description of the aircraft (e.g., make, model, serial number, engine manufacturer, type of engine, number of engines, maximum takeoff weight, and number of seats). Persons such as corporate registrants, trustees, and non-citizen corporations must file additional documentation evidencing their legal structures, authorities, and related data that supports registration. Aircraft previously recorded in foreign registries PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 must file proof of deregistration. In the case of amateur-built aircraft, either the owner or builder must designate the aircraft model name and serial number. Once an unmanned aircraft is registered, the FAA issues a Certificate of Aircraft Registration (AC Form 8050– 3) to the aircraft owner. The FAA has clarified that, in the case of unmanned aircraft, the Certificate of Aircraft Registration may be maintained at the pilot’s control station rather than on the unmanned aircraft and must be made available for inspection upon request.56 The certificate expires three years after date of issuance.57 A Certificate of Aircraft Registration may be renewed by submitting a renewal application and paying a renewal fee. Unmanned aircraft registered under part 47 must comply with the identification and registration marking requirements in subparts A and C of 14 CFR part 45. Under part 45, the aircraft must display certain marks consisting of the Roman capital letter ‘‘N’’ (denoting U.S. registration) followed by the registration number of the aircraft. The N-number must be: (1) Painted on the aircraft or affixed to the aircraft by some other permanent means; (2) have no ornamentation; (3) contrast in color with the background; and (4) be legible.58 B. Registration Under Part 48 Part 48 provides a web-based aircraft registration process for small unmanned aircraft to facilitate compliance with the statutory requirement that all aircraft register prior to operation.59 A small unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft, may be registered under either part 47 or part 48. Owners of small unmanned aircraft used in civil operations (including commercial operations), limited recreational operations,60 or public aircraft operations, among others, are 56 See Memorandum to John Duncan, from Mark W. Bury, Assistant Chief Counsel for International Law, Legislation, and Regulations (August 8, 2014). 57 Section 556 of the FAA Reauthorization Act of 2018 requires the Administrator to initiate a rulemaking to increase the duration of aircraft registrations for noncommercial general aviation aircraft to 7 years. 58 See 14 CFR 45.21(c). 59 See 80 FR 78593 (December 16, 2015). 60 This proposal uses the term ‘‘limited recreational operations’’ when discussing registration requirements under part 48. Part 48 uses the term ‘‘model aircraft’’ to describe recreational UAS operations. The FAA considers that model aircraft under part 48 are consistent with the ‘‘limited recreational operations’’ described in 49 U.S.C. 44809, therefore ‘‘limited recreational operations’’ has been used throughout to ensure consistency of terminology with current statutory requirements. E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules eligible to register under part 48. Currently, unmanned aircraft may be registered in one of two ways: (1) Under an individual registration number issued to each aircraft; or (2) under a single registration number issued to an owner of multiple unmanned aircraft used exclusively for limited recreational operations. If the owner of a small unmanned aircraft intends to use it at any point for a purpose other than exclusively for limited recreational operations as defined in 49 U.S.C. 44809, the owner must register that aircraft individually and obtain a unique registration number for the aircraft. The aircraft registration must include the: (1) Name of the applicant; (2) applicant’s physical address; (3) applicant’s email address; (4) aircraft manufacturer and model name; (5) aircraft serial number, if available; and (6) any other information required by the Administrator. If the owner of multiple small unmanned aircraft intends to use the aircraft exclusively for limited recreational operations, part 48 currently allows the owner to register once and to obtain a single registration number that constitutes the registration number for all of the owner’s small unmanned aircraft. This means that multiple aircraft may display the same registration number when the unmanned aircraft are used exclusively for limited recreational operations. Applicants for a single Certificate of Aircraft Registration for multiple unmanned aircraft must provide: (1) The applicant’s name; (2) the applicant’s physical address; (3) the applicant’s email address; and (4) any other information required by the Administrator. This option does not require the applicant to provide the unmanned aircraft manufacturer, model, or serial number. Once an unmanned aircraft is registered, the FAA issues a Certificate of Aircraft Registration, which contains a registration number composed of multiple alphanumeric characters. A part 48 registration number is not the traditional N-number issued under part 47. Small unmanned aircraft registered under part 48 may not operate unless they display a unique identifier in a way that is readily accessible and visible upon inspection of the aircraft. The unique identifier must be either: (1) The registration number issued to an individual or the registration number issued to the aircraft by the Registry upon completion of the registration process; or (2) the small unmanned aircraft serial number, if authorized by the Administrator and provided with VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 the application for Certificate of Aircraft Registration. Most commonly, the unique identifier displayed is the FAA registration number. C. Issues With the Current Registration Requirements and Proposed Changes The current registration requirements do not provide for aircraft-specific data of all aircraft, information fundamentally necessary for remote identification, due to the differing requirements of parts 47 and 48. Part 47 requires the individual registration of aircraft and the submission of an aircraft’s serial number as part of the application for a Certificate of Aircraft Registration. These requirements are consistent with the remote identification framework proposed in this NPRM because the FAA would be able to correlate the aircraft-specific registration data (i.e., serial number) obtained under part 47 to the remote identification data which would have to be broadcast or transmitted by unmanned aircraft under the current proposal. This is not the case with the current registration requirements of part 48. Currently, part 48 allows for registration of multiple unmanned aircraft used exclusively for limited recreational operations under a single Certificate of Aircraft Registration without requiring the applicant to submit the aircrafts’ serial numbers.61 This means that the FAA has no aircraftspecific data for aircraft operated under a single Certificate of Aircraft Registration. Second, part 48 requires the provision of an unmanned aircraft’s serial number, only if available, and only if the aircraft is registered individually. This means that the FAA does not have a data set that includes the serial numbers of all unmanned aircraft registered under part 48 and cannot correlate the registration data to the remote identification data which would be broadcast or transmitted by unmanned aircraft under the proposed rule. Thus, the FAA believes that the current registration requirements of part 48 are not sufficient to support the remote identification framework proposed in this NPRM. A change to the registration requirements of part 48 is therefore necessary to enable the FAA to gather 61 As of November 25, 2019, are currently 1,081,329 recreational flyers registered under part 48—but because these registrants do not currently register each individual UA the FAA does not have administrative data on the number or type of recreational UAs being flown. As a point of comparison, as of November 25, 2019, under part 48 there are also 417,663 UAs registered individually as non-model unmanned aircraft (largely part 107 operations). PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 72463 all of the necessary data to support the unique identification of unmanned aircraft registered under part 48. The lack of aircraft-specific data for aircraft registered under part 48 inhibits the FAA and law enforcement agencies from correlating the remote identification data proposed in this rule with data stored in the Aircraft Registry. Thus, the FAA proposes to revise part 48 to require the individual registration of all small unmanned aircraft and the provision of additional aircraft-specific data. Owners of small unmanned aircraft would have to complete the registration application by providing aircraft-specific information in addition to basic contact information. This means that every small unmanned aircraft registered under part 48 would need to have its own Certificate of Aircraft Registration. To ease the financial burden on operators who previously registered multiple model aircraft under a single registration number, the FAA would explore ways to minimize the registration fee when multiple aircraft are registered at the same time. Specifically, the proposed changes would include the removal of §§ 48.100(b) and 48.115, which currently allow small unmanned aircraft used exclusively as a model aircraft to be registered under a single Certificate of Aircraft Registration without unique identifying information. Sections 48.100(a) and 48.110, which require unique identifying information, would become the sole means for registration under part 48 and would be revised to reflect all of the requirements that apply to the individual registration of small unmanned aircraft under part 48. Conforming changes would be made throughout part 48 to reflect the removal of §§ 48.100(b) and 48.115 and the transition to a single form of registration under part 48. The FAA believes the proposed revisions are necessary to implement the remote identification framework because individual aircraft registration under part 48 would allow the FAA to gather aircraft-specific data that is essential for remote identification. Furthermore, the proposed transition to an individual aircraft registration system under part 48 would harmonize these requirements with the individual aircraft registration requirements of part 47. D. Proposed Changes to the Registration Requirements To Require a Serial Number and Telephone Number as Part of the Registration Process As discussed in section XII.C.1 of this preamble, this proposed rule would require a unique identifier as part of the E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72464 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules message elements used to remotely identify UAS. A serial number is a unique number assigned to an aircraft— typically at the time of production—and does not change in case of a sale or transfer of ownership. The proposed revision of part 48 would require the provision of an unmanned aircraft’s serial number at the time of registration. This proposed requirement is essential for the remote identification framework proposed in this NPRM. The serial number requirement would enable the FAA to correlate the data broadcast or transmitted by the UAS with the registration data in the Aircraft Registry to associate an unmanned aircraft with its registered owner. The requirement would also allow the FAA to distinguish one unmanned aircraft from another operating in the airspace of the United States and would facilitate the identification of non-registered unmanned aircraft flying in the airspace of the United States, which may warrant additional oversight or action by the FAA, national security agencies, or law enforcement agencies. There has been little to no standardization regarding the issuance or use of serial numbers by UAS. The FAA believes that standardizing the issuance and use of serial numbers is necessary to successfully implement the remote identification requirements of the proposed rule. The standardization of the issuance and use of serial numbers would prevent a situation where two or more UAS are issued the same serial number. Thus, the FAA is proposing to add a new § 47.14 to require the owners of standard remote identification unmanned aircraft and limited remote identification unmanned aircraft registered under part 47 to list in the Certificate of Aircraft Registration the serial number issued by the manufacturer of the unmanned aircraft in accordance with the requirements of proposed part 89. According to the manufacturing requirements in proposed § 89.505, the serial number would have to comply with the ANSI/ CTA–2063–A serial number standard. The FAA is also proposing to revise § 48.100(a) to require a serial number for every small unmanned aircraft. Consistent with the proposed changes in part 47, § 48.100(a)(5) would require the owner of any standard remote identification unmanned aircraft or limited identification unmanned aircraft to list in the Certificate of Aircraft Registration the serial number issued by the manufacturer of the unmanned aircraft in accordance with the production requirements of part 89. Per the production requirements in proposed § 89.505, such serial number VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 would have to comply with the ANSI/ CTA–2063–A serial number standard. Owners of amateur-built unmanned aircraft would have to comply with the serial number requirement in proposed § 48.100(a)(5) if the unmanned aircraft are designed and produced as standard remote identification unmanned aircraft or limited identification unmanned aircraft. The proposed revisions to § 48.100(a) would also require the owners of amateur-built unmanned aircraft to list in the Certificate of Aircraft Registration a manufacturer and model name of their choice. Additionally, the FAA is proposing to update the registration information requirements to include one or more telephone number(s) for the applicant. Although registration data corresponds to the owner of the unmanned aircraft rather than the operator, the FAA believes that due to the nature and scope of most small UAS operations, it is reasonable to expect a significant number of unmanned aircraft owners to also be the operators of the aircraft or in close contact with the operators of the aircraft. Requiring owners of unmanned aircraft to provide their telephone number(s) as part of the registration process would assist FAA and law enforcement to disseminate safety and security-related information to the registrant in near real-time. This additional information would be retained by the FAA and only disclosed as needed to authorized law enforcement or Federal agencies. E. Request for Comments Regarding Serial Number Requirements The FAA acknowledges that some unmanned aircraft may not have serial numbers that comply with the ANSI/ CTA–2063–A serial number standard. Some examples include unmanned aircraft manufactured prior to the compliance date of the final rule that follows this notice of proposed rulemaking (assuming the producer of the unmanned aircraft is unable to modify the aircraft or push an upgrade to assign an ANSI/CTA–2063–A compliant serial number), some amateur-built unmanned aircraft, and foreign-built unmanned aircraft with no serial numbers or with serial numbers that do not comply with ANSI/CTA– 2063–A. Since these unmanned aircraft do not comply with the remote identification requirements for standard remote identification UAS or limited remote identification UAS, the proposed rule requires their operation be restricted to FAA-recognized identification areas. Accordingly, the FAA has not imposed a requirement for the owners of such unmanned aircraft to PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 obtain an ANSI/CTA–2063–A compliant serial number and to list it in the Certificate of Aircraft Registration or the Certificate of Identification. The FAA welcomes detailed comments on whether and why it should require the owners of UAS without remote identification to have to obtain an ANSI/CTA–2063–A compliant serial number and to list it in the Certificate of Aircraft Registration or the Certificate of Identification and whether there would be any costs associated with obtaining a compliant serial number. The FAA also welcomes comments on whether the Agency should issue ANSI/ CTA–2063–A compliant serial numbers to such aircraft when registered or reregistered by their owners. F. Serial Number Marking The FAA emphasizes that small unmanned aircraft owners are not required to affix the serial number to the exterior of the aircraft. However, nothing in the proposed regulation would preclude the owners from choosing to do so. The FAA envisions that producers may mark the exterior of unmanned aircraft with serial numbers that comply with the ANSI/CTA–2063– A serial number standard, and that such serial numbers could be used to meet the marking requirements of part 48, subpart C. This could alleviate the need to mark each UAS with the registration number. The FAA seeks specific comments on whether UAS producers should be required to affix the serial number to the exterior of all standard remote identification UAS and limited remote identification UAS. Please explain why or why not and provide data to support your response. X. Operating Requirements for Remote Identification A. Requirement To Broadcast or Transmit Under the proposed rule, no person would be able to operate a UAS in the airspace of the United States unless the UAS has remote identification capability meeting the requirements of this proposed rule (i.e., a standard remote identification UAS or limited remote identification UAS) or if the UAS has no remote identification equipment but is otherwise identified by operating exclusively within visual line of sight and within an FAArecognized identification area. The FAA is proposing to require all UAS with remote identification to broadcast or transmit the appropriate remote identification message elements from takeoff to landing. The agency is also proposing that no person would be E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 able to operate a UAS with remote identification unless the UAS is transmitting (for limited remote identification UAS) or transmitting and broadcasting (for standard remote identification UAS) the appropriate message elements. The remote identification message elements are described in greater detail in section XII.C of this preamble. Furthermore, the FAA proposes to prohibit the operation of UAS with remote identification if the remote identification equipment and functionality have been disabled without the authorization of the Administrator. UAS would have to comply with the remote identification requirements in one of three ways, depending on the capabilities of the UAS. To help operators determine whether a particular UAS has remote identification, the FAA is proposing to require that all persons responsible for the production of standard remote identification UAS and limited remote identification UAS label the unmanned aircraft to indicate whether the UAS complies with the remote identification requirements of this proposed rule and whether the UAS is standard remote identification or limited remote identification. A person would therefore be able to determine what type of UAS they have and if it has remote identification capability simply by visual inspection of the unmanned aircraft. 1. Standard Remote Identification UAS Standard remote identification UAS would be required to transmit certain message elements through the internet to a Remote ID USS (an FAA-qualified third party discussed in section XIV of this preamble) and to broadcast the same message elements directly from the unmanned aircraft using radio frequency spectrum in accordance with 47 CFR part 15, where operations may occur without an Federal Communications Commission (FCC) individual license. These message elements would include: The UAS Identification (either the unmanned aircraft’s serial number or session ID); latitude, longitude, and barometric pressure altitude of both the control station and the unmanned aircraft; a time mark; and an emergency status code that would broadcast and transmit only when applicable. A standard remote identification UAS would be required to broadcast and transmit the remote identification message elements from takeoff to landing. If the internet is available at takeoff, the standard remote identification UAS would have to VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 connect to the internet and transmit the message elements through that internet connection to a Remote ID USS and would also be required to broadcast the message elements directly from the unmanned aircraft. If the internet is unavailable at takeoff, the standard remote identification UAS would only be required to broadcast the message elements directly from the unmanned aircraft. If the internet is available, but the UAS cannot connect to a Remote ID USS, the UAS would be designed such that it could not take off. This is discussed in more detail in section XII.D.6 of this preamble. The FAA is proposing to define ‘‘broadcast’’ as sending information from an unmanned aircraft using radio frequency spectrum. Under the proposed rule, only standard remote identification UAS would be able to broadcast remote identification message elements. The reasons for prohibiting limited remote identification UAS from broadcasting message elements is explained in section XII.D.14 of this preamble. A standard remote identification UAS that loses connection to the internet or that can no longer transmit to a Remote ID USS after takeoff would be able to continue its flight, as long as it continues broadcasting the message elements. If a standard remote identification UAS experiences an inflight loss of broadcast capability, regardless of whether it is connected to a Remote ID USS, the operator would have to land the unmanned aircraft as soon as practicable. This is necessary because a loss of the broadcast capability is an indication of a remote identification equipment failure, whereas loss of connectivity to the internet or a Remote ID USS could be attributed to unavailability of a service outside the control of the UAS operator. In addition, a functioning broadcast capability is necessary in order for remote identification information to be available in areas that do not have wireless internet connectivity. For example, during a BVLOS operation, the unmanned aircraft could be operating over a rural area that does not have wireless internet connectivity, but, through the command and control link, the unmanned aircraft has connectivity with a control station that is in turn connected to the internet and transmitting to a Remote ID USS. If the unmanned aircraft is in a location that does not have wireless internet connectivity, then for any local thirdparty observers attempting to identify the unmanned aircraft the only accessible source of remote identification information would be the PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 72465 broadcast. To support compliance with this requirement, the FAA is proposing that standard remote identification UAS have a monitoring feature that would notify the person manipulating the flight controls of the UAS if the broadcast capability was lost. The FAA expects that the proposed design and production requirements of this rule would facilitate a person’s compliance with the proposed operating requirements (e.g., transmission requirement). The FAA intends for compliance with the remote identification requirements to be simple and straightforward for individuals operating UAS produced in accordance with a current FAA-accepted means of compliance. For example, a standard remote identification UAS would automatically transmit and broadcast the message elements and its design would prevent it from taking off when the remote identification capability is not functioning. Under this rule, the remote identification capability would be considered not functioning when the equipment does not work or is unable to perform its intended function or when the remote identification message elements are not transmitted or broadcast in accordance with the requirements of the proposed rule. Under this proposed rule, all UAS with remote identification would be designed and produced such that the remote identification functionality is always enabled and cannot be disabled except as otherwise authorized by the Administrator. UAS with remote identification would be designed and produced to notify the person manipulating the flight controls of the UAS of any remote identification malfunctions, failures, or anomalies. 2. Limited Remote Identification UAS Limited remote identification UAS are UAS that are designed and produced such that the aircraft is not capable of operating more than 400 feet from the control station and cannot broadcast the remote identification message elements identified in proposed § 89.305 or § 89.315. Under the proposed rule, persons operating limited remote identification UAS would be required to fly within visual line of sight at all times. Limited remote identification UAS would be required to connect to the internet and transmit the appropriate message elements through that internet connection to a Remote ID USS. Unlike standard remote identification UAS, if a limited remote identification UAS cannot connect to the internet or transmit through an internet connection to a Remote ID USS, the UAS would not be able to take off. E:\FR\FM\31DEP2.SGM 31DEP2 72466 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules Again, unlike with standard remote identification UAS, if a limited remote identification UAS loses connectivity to the Remote ID USS in flight, the person manipulating the flight controls of the UAS would be required to land as soon as practicable. The limited remote identification UAS would not be able to continue its flight because it cannot broadcast remote identification message elements. A limited remote identification UAS is not permitted to broadcast remote identification message elements using radio frequency spectrum because the broadcast function is only applicable to standard remote identification UAS. If remote identification broadcast capability is added to a limited remote identification UAS, it would not have been subject to the design and production requirements of this rule and could result in erroneous, noncompliant, or incorrectly formatted messages being broadcast, undermining the fundamental purposes of this rule. However, the proposal does not prohibit designers, producers, or operators from including a capability for limited remote identification UAS to broadcast information or data unrelated to remote identification, such as a camera feed or telemetry data. The message elements for limited remote identification UAS would include: The UAS Identification (either the unmanned aircraft’s serial number or session ID); latitude, longitude, and barometric pressure altitude of the control station; a time mark; and an emergency status code that would transmit only when applicable. Table 4 provides a summary of the differences between standard remote identification UAS and limited remote identification UAS. TABLE 4—SUMMARY OF DIFFERENCES BETWEEN STANDARD REMOTE IDENTIFICATION UAS AND LIMITED REMOTE IDENTIFICATION UAS Standard remote identification UAS Limited remote identification UAS Message elements UAS Identification (serial number or session ID) .................................... Unmanned aircraft:. Latitude and longitude, barometric pressure altitude: Control station:. Latitude and longitude, barometric pressure altitude: A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output. An indication of the emergency status of the UAS ................................. YES ................................................ YES. YES ................................................ NO. YES ................................................ YES ................................................ YES. YES. YES ................................................ YES. Connectivity prior to takeoff Internet and Remote ID USS .................................................................. Broadcast ................................................................................................ If, at takeoff, the UAS cannot connect to the internet ............................ If, at takeoff, the UAS is connected to the internet, but is not transmitting to a Remote ID USS. YES ................................................ YES ................................................ Broadcast ....................................... Do not take off ............................... YES. NO. Do not take off. Do not take off. In-flight loss of remote identification If, during flight, the UAS loses the connection to the internet or stops transmitting to the Remote ID USS. If, during flight, the UAS loses its ability to broadcast the message elements. Broadcast ....................................... Land as soon as practicable. Land as soon as practicable ......... N/A. Range limitation Range limitation from control station ...................................................... None; operation would have to comply with all other operating requirements. Limited to operations within 400 feet of control station. Broadcasting from the unmanned aircraft at any point khammond on DSKJM1Z7X2PROD with PROPOSALS2 Broadcast limitation ................................................................................. 3. UAS Without Remote Identification Under the proposed rule, the vast majority of UAS would be required to remotely identify. The FAA understands, however, that not all UAS would be able to meet this requirement. For example, some UAS manufacturers may be able to bring UAS produced before the compliance date of this rule VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Standard remote identification unmanned aircraft must broadcast remote identification message elements. into compliance, but others might not. In addition, certain amateur-built UAS might not be equipped with remote identification equipment. The FAA is proposing operating rules in § 89.120 to allow these aircraft to continue to operate without remote identification equipment. A UAS that would not qualify as either a standard remote identification UAS or a limited remote PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 Limited remote identification unmanned aircraft cannot broadcast remote identification message elements. identification UAS would only be allowed to operate under two circumstances. The first circumstance is where the UAS operates within visual line of sight and within the boundaries of an FAA-recognized identification area. An FAA-recognized identification area is a defined geographic area where UAS without remote identification can operate. In the proposed § 89.120(a), the E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules phrase ‘‘operated within an FAArecognized identification area’’ means that both the unmanned aircraft and the person manipulating the flight controls of the UAS would be required to be located within the FAA-recognized identification area from takeoff to landing. FAA-recognized identification areas are described in section XV of this preamble. Note that this operating exception from remotely identifying only applies to those UAS that do not have remote identification; anyone operating a standard or limited remote identification UAS would continue to be bound by the operating rules applicable to their UAS, even if he or she is located inside an FAA-recognized identification area during the flight. The second circumstance in which a UAS that is not a standard remote identification UAS or limited remote identification UAS could be operated without remote identification is where the person operating the UAS has been authorized by the Administrator to operate the UAS for the purpose of aeronautical research or to show compliance with regulations. In this context, the FAA would consider aeronautical research to be limited to the research and testing of the unmanned aircraft, the control systems, equipment that is part of the unmanned aircraft (such as sensors), and flight profiles, or development of specific functions and capabilities for the UAS. Under this provision, producers and other persons authorized by the Administrator, would have the ability to operate UAS prototypes without remote identification exclusively for researching and testing the UAS design, equipment, or capabilities. This provision does not extend to any other type of research using a UAS. Additionally, a person authorized by the Administrator would be permitted to conduct flight tests and other operations to show compliance with an FAA-accepted means of compliance for remote identification, or airworthiness regulations, including but not limited to flights to show compliance for issuance of type certificates and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. B. Prohibition From Using ADS–B To Satisfy Remote Identification Requirements The FAA proposes to prohibit the use of ADS–B Out to meet remote identification requirements in this rule. The FAA determined that both the ADS–B message elements and the VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 infrastructure required to receive the ADS–B message elements are incompatible with the current need for remote identification at lower altitudes. ADS–B does not provide information regarding the location of a UAS control station. Thus, it would not advance the FAA’s need to associate a control station with the actual unmanned aircraft it controls. Further, because ADS–B receivers do not provide sufficient low altitude coverage, ADS–B Out would not align well with the FAA’s vision for the development of UTM. Finally, the FAA determined that the use of ADS– B Out by UAS would generate undue signal saturation and would create an overall safety hazard for manned aircraft due to the potentially high numbers of UAS which may be operating in the airspace at any given time. For these reasons, the FAA is proposing in § 89.125 to prohibit ADS–B Out equipment from being used to comply with the remote identification requirements of part 89. C. Internet Availability and Transmission to a Remote ID USS The FAA is proposing to require standard remote identification UAS and limited remote identification UAS to connect automatically to the internet, when available, and transmit remote identification message elements through that internet connection to a Remote ID USS. The FAA is also proposing a related performance requirement for standard remote identification UAS and limited remote identification UAS to continuously monitor the connectivity to the internet and the transmission of remote identification message elements to a Remote ID USS and notify the person manipulating the flight controls of the UAS if that connection is lost or the UAS is no longer transmitting to the Remote ID USS. Because of this proposed performance requirement for the UAS, the person manipulating the flight controls of the UAS would be aware at all times of whether the UAS was connected to the internet and transmitting to a Remote ID USS. The FAA believes an internet-based solution is appropriate, when the internet is available, because the internet is the largest, most multifaceted, and prevalent platform for data transmission. Under the proposed rule, the internet would be considered available if cellular or other forms of wireless internet connectivity such as Wi-Fi are available in an operational area with sufficient signal strength to maintain a connection between the UAS and the internet. UAS with remote identification would automatically connect to the internet when it is PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 72467 available, similar to how wireless devices, such as smart phones, connect automatically to the internet when there is sufficient signal strength and coverage. If the internet is available but the operator’s Remote ID USS is not working, the operator would be required to either connect to another Remote ID USS or the UAS would be restricted from taking off. In the unlikely event that all Remote ID USS become unavailable at the same time but the internet remains available, no standard or limited remote identification UAS would be able to take off. The FAA assumes this situation would be extremely unlikely. The FAA seeks public comment on whether there are ways to address this extremely unlikely situation within the framework of the rule as proposed. After connecting to the internet, a standard remote identification UAS or limited remote identification UAS must transmit the remote identification message elements to a Remote ID USS. The FAA anticipates that there will be some Remote ID USS available to the general public and that others will be private. Under the proposed rule, a Remote ID USS would be considered available as long as that Remote ID USS provides remote identification services to the general public at the time the standard remote identification UAS or limited remote identification UAS is being operated. A private or restricted access Remote ID USS would be considered available only to UAS operators who receive remote identification services from that Remote ID USS. For example, if Company ABC sets up a private Remote ID USS to provide remote identification services exclusively to its fleet of UAS, then the private Remote ID USS would only be available to the UAS operators of Company ABC. In comparison, if Company XYZ sets up a Remote ID USS that can be accessed by the general public for remote identification services, then Company XYZ’s Remote ID USS would be considered available to all operators of UAS flying in the airspace of the United States, irrespective of whether that access requires a monetary cost. The FAA is not proposing to establish specific requirements regarding Remote ID USS business models, (e.g., charging fees, requiring user agreements, and requiring information from Remote ID USS users). The FAA believes that operators will choose a Remote ID USS that best meets their operational needs. The FAA further discusses some of its assumptions related to Remote ID USS business models in the accompanying E:\FR\FM\31DEP2.SGM 31DEP2 72468 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 Regulatory Impact Analysis, where it assumes (while acknowledging significant uncertainty) the average publicly available Remote ID USS will charge $2.50 as a monthly subscription ($30 annually) cost to users of its service. D. In-Flight Loss of Connectivity With a Remote ID USS or Loss of Functionality The FAA foresees situations where the person manipulating the flight controls of a UAS would need to receive an indication that the connection to a Remote ID USS has been lost mid-flight. Under this proposal, standard remote identification UAS would be produced with the capability to both connect to the internet and, through that connection, transmit to a Remote ID USS and to broadcast. The broadcast capability provides continuous remote identification information and continues to provide remote identification when connectivity to the internet is lost or the unmanned aircraft is no longer transmitting to a Remote ID USS. If the connection to the internet or to a Remote ID USS is lost after takeoff, the person manipulating the flight controls would be allowed to continue operating the UAS as long as it is still broadcasting the remote identification message elements. If, however, a standard remote identification UAS loses its ability to broadcast the message elements, the person manipulating the flight controls of the UAS would be required to land the unmanned aircraft as soon as practicable. This is necessary because a loss of the broadcast capability is an indication of a remote identification equipment failure. Because limited remote identification UAS cannot broadcast remote identification message elements, if the UAS loses connection to the internet or to a Remote ID USS, then the person manipulating the flight controls would have to land the unmanned aircraft as soon as practicable. The FAA considers this to be the safest course of action given that these operations would be conducted within visual line of sight and no more than 400 feet from the person manipulating the flight controls of the UAS. Should the UAS remote identification equipment experience a loss of functionality or malfunction in flight, the FAA proposes in §§ 89.110(b) and 89.115(b) to require the person manipulating the flight controls of the UAS to land as soon as practicable. The FAA does not define the phrase ‘‘land as soon as practicable’’ and expects that the person manipulating the flight controls of the UAS will take steps to land in a safe manner. For instance, if VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 the aircraft is still within visual line of sight, the safest option may be to keep the aircraft within sight to avoid other aircraft and return to the departure point. For a standard remote identification UAS operating BVLOS, the safest way to land may be to continue to the intended destination. E. Valid Declaration of Compliance The FAA is proposing to require persons responsible for the production of UAS with remote identification to declare that the UAS meet the minimum performance requirements of the proposed rule using an FAA-accepted means of compliance by submitting a declaration of compliance for acceptance by the FAA. A declaration of compliance is a document submitted to the FAA by the person responsible for the production of UAS with remote identification. It includes information required by the FAA to determine whether the person and the UAS comply with the remote identification requirements of the rule. The FAA is proposing in §§ 89.110(c)(1) and 89.115(c)(1) to prohibit a person from operating a UAS with remote identification unless its serial number is identified on an FAA-accepted declaration of compliance. The FAA would provide a list of all FAAaccepted declarations of compliance on its website to notify the public when its acceptance of a declaration of compliance is valid. The website would also identify declarations of compliance that have been rescinded. Section XIII.E.3 of this preamble discusses the rescission of a declaration of compliance. F. Foreign Registered Civil Unmanned Aircraft Operated in the United States In § 89.101(b), the FAA is proposing to apply the operational requirements of part 89 to persons operating foreign civil unmanned aircraft in the United States. These persons would have to comply with the remote identification requirements in § 89.105, which means that these persons would only be able to operate foreign civil unmanned aircraft in the United States that qualify as standard remote identification UAS, limited remote identification UAS, or that have no remote identification equipment but are operated within an FAA-recognized identification area. The FAA must be able to correlate the remote identification message elements transmitted or broadcast by foreign civil unmanned aircraft operated in the United States against information that helps FAA and law enforcement identify a person responsible for the foreign civil unmanned aircraft. Where PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 unmanned aircraft are registered in a foreign jurisdiction, the FAA may not have access to information regarding the unmanned aircraft or its registered owner. Thus, the FAA is proposing in § 89.130(a) to allow a person to operate foreign-registered civil unmanned aircraft in the United States only if the person submits a notice of identification to the Administrator. The notice would include the following information to allow the FAA to associate an unmanned aircraft to a responsible person: (1) The name of the operator and, for an operator other than an individual, the name of the authorized representative providing the notice. (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 does not receive mail at a physical address, a mailing address must also be provided. (3) The physical address of the operator in the United States (e.g., hotel name and address). (4) One or more telephone number(s) where the operator can be reached while in the United States. (5) The email address of the operator or, for an operator other than an individual, the email address of the authorized representative. (6) The aircraft manufacturer and model name. (7) The serial number of the aircraft. (8) The country of registration of the aircraft. (9) The registration number of the aircraft. Once a person submits a notice of identification, the FAA would issue a confirmation of identification. Under § 89.130(c), a person operating a foreignregistered unmanned aircraft in the United States would have to maintain the confirmation of identification at the UAS’ control station and would have to produce it when requested by the FAA or a law enforcement officer. As specified in proposed § 89.130(b)(2), the filing of the notice of identification and the issuance of a confirmation of identification would not have the effect of U.S. aircraft registration. The issuance of a confirmation of identification would not exempt any person from having to obtain the appropriate safety authority issued by the FAA or economic authority issued by the Department of Transportation 62 prior to conducting unmanned aircraft 62 https://www.faa.gov/uas/resources/foreign_ operators/. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules operations in the airspace of the United States, if required for their particular operations. Lastly, under proposed § 89.130(d), the holder of a confirmation of identification would have to ensure that the information provided under proposed § 89.130(a) remains accurate and is current prior to operating a foreign registered civil unmanned aircraft system in the United States. G. Example Operating Scenarios The FAA is providing these notional scenarios to provide examples of how the FAA envisions the proposed rule would apply to certain common situations. khammond on DSKJM1Z7X2PROD with PROPOSALS2 1. Subscribing to a USS Kim decides to give her daughter Emily a UAS for her birthday. Emily, excited to finally have her own UAS, eagerly unwraps the package so she can begin taking aerial selfies. Under FAA rules, Emily’s drone must be registered and therefore comes with remote identification. The UAS will not take off unless it is connected to a Remote ID USS. In order to comply with the remote identification requirement, Kim researches FAA-qualified Remote ID USS on the FAA’s website and decides to subscribe to Alpha USS, Inc. Emily’s UAS was designed to pair with her smartphone and connect to the Remote ID USS through her smartphone’s internet connection. After Emily’s UAS connects to Alpha USS, she is able to start using her drone to take selfies. 2. Operating a Standard Remote Identification UAS Patty has a photography business and has decided to purchase a UAS to take aerial photos for weddings and other events. She researched different types of UAS and their capabilities and determined that she needs a UAS that can operate more than 400 feet from its control station. Patty decides to buy a standard remote identification UAS. Because the UAS has standard remote identification, it is designed to: (1) Connect to the internet and transmit the remote identification message elements through that internet connection to a Remote ID USS; and (2) broadcast the same message elements directly from the unmanned aircraft. Patty sees that the UAS she wants to buy has a label that says it is a standard remote identification UAS. Regardless, Patty checked the FAA’s website to confirm that the UAS she is buying has a valid FAA-accepted declaration of compliance. Because the UAS was listed on the FAA website, the UAS meets the requirements of part 89. Patty intends to VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 operate her UAS for business purposes, so the operations are subject to the operating rules in 14 CFR part 107, which require her to register the unmanned aircraft with the FAA. Patty goes online to the FAADroneZone 63 website, applies for, and is issued a Certificate of Aircraft Registration under part 48. As part of the application process, Patty submits her unmanned aircraft’s serial number. Because Patty is required to register her unmanned aircraft under part 48, she is subject to the remote identification operating requirements in part 89. Patty then subscribes online to Alpha, Inc., an FAA-qualified Remote ID USS. Her UAS is designed to connect to the internet by automatically pairing with her personal smart phone when the phone is running an application provided by Alpha USS. Each time Patty uses her UAS, it automatically transmits the standard remote identification UAS’ remote identification message elements through that internet connection to Alpha USS. Patty chooses to use her unmanned aircraft’s serial number for the UAS Identification message element, but in the future, she may instead choose to use a session ID assigned by Alpha USS. Sometimes, Patty’s UAS loses its internet connection while she is operating in rural areas; she can continue the operation as long as the unmanned aircraft is still broadcasting the remote identification message elements. During one operation, Patty’s UAS indicated that, due to a malfunction, the unmanned aircraft was no longer broadcasting the message elements, at which point she landed the unmanned aircraft as soon as practicable. During a different operation, Patty’s UAS attempts to connect to Alpha USS at the time of takeoff, but Alpha’s remote identification service is unavailable because Alpha’s server is down. Patty’s UAS can still connect to the internet through her smart phone and she discovers that an alternate FAAqualified Remote ID USS, Bravo, Inc., is available. Patty’s UAS connects to Bravo, Inc. and is able to fly her UAS. Patty’s subscription with Alpha USS provides for a ‘‘roaming’’ feature that allows her to connect to other available USS free of charge so she can have uninterrupted service. If her subscription did not provide this roaming feature, Patty would have had to pay any associated fees directly to Bravo. This is because if any Remote ID USS is available, even if it is not the one she contracted with, her UAS is 63 https://faadronezone.faa.gov. PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 72469 designed to connect to it through the internet. As long as she can connect to the internet, it is incumbent on Patty to connect to a USS. Only when the UAS cannot connect to the internet would the unmanned aircraft be able to take off while only broadcasting. On another occasion, Patty is unable to connect to Alpha, Inc. at the time of takeoff due to a disruption in Alpha’s service, but Bravo is also experiencing problems. There are no other publicly available Remote ID USS. Because Patty’s UAS is designed not to take off when it has access to the internet but is not connected to a Remote ID USS, her unmanned aircraft would not take off. Her service would be interrupted until Alpha, Bravo, or another publicly available USS became available.64 3. Operating a Limited Remote Identification UAS Charlie purchases a used UAS that looks like a spaceship. The UAS weighs more than 0.55 pounds and he intends to operate it outside his house for recreational purposes, such as filming his daughter’s soccer games and entertaining his sons who love science fiction movies. The person who sold Charlie the UAS assures him it is remote identification compliant. Because the company responsible for production of the UAS was required to label the unmanned aircraft to indicate that it is remote identification compliant, Charlie is able to confirm the seller’s assurance by reading the label affixed to the aircraft. Charlie’s UAS is a ‘‘limited remote identification UAS,’’ which means it is designed and produced to operate no more than 400 feet from its control station and cannot broadcast remote identification message elements. Under part 89, he is only allowed to operate his limited remote identification unmanned aircraft within visual line of sight. Prior to his purchase, Charlie visits the FAA’s website and confirms that his UAS has an FAA-accepted declaration of compliance. After the previous UAS owner de-registers the unmanned aircraft as required by § 48.105(b)(2), Charlie goes online to the FAADroneZone website, applies for, and is issued a Certificate of Aircraft Registration under part 48. During the registration process, he provides the UAS manufacturer name, the model name, and the aircraft’s manufacturerissued serial number. Because Charlie is required to register his unmanned aircraft, he is also subject 64 Practically speaking, the FAA anticipates that there will be many more than two publicly available USS and this scenario under which all USS would be simultaneously unavailable should not occur except in the rarest of circumstances. E:\FR\FM\31DEP2.SGM 31DEP2 72470 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 to the remote identification operating rules in part 89. This means that before Charlie can start to use the UAS, he must subscribe to a USS. He subscribes to Bravo, Inc., an FAA-qualified Remote ID USS and opts to use the unmanned aircraft’s serial number for the UAS Identification message element. Charlie’s UAS is designed to pair with his smartphone to transmit the remote identification message elements through an internet connection to a USS. Because Charlie’s UAS cannot broadcast remote identification message elements, it does not function unless his smartphone is connected to the internet and transmitting through that internet connection to Bravo USS. If Charlie’s UAS loses its connection to either the internet or is unable to transmit to Bravo USS in the middle of an operation, he would be required to land the aircraft as soon as practicable. Charlie may take off again as soon as his UAS reestablishes its connection to the internet and can transmit to a Remote ID USS. 4. Operating a UAS Without Remote Identification Linus wants to fly a UAS without remote identification that he assembled at home from parts he bought at a hobby shop a few years ago. He uses his unmanned aircraft exclusively as a model aircraft. Since he registered his unmanned aircraft in 2018, before the effective date of the remote identification rule, he was not required to provide any specific information about the aircraft, such as the serial number. Linus’s aircraft registration expires in 2021, and he will renew the registration of his unmanned aircraft on the FAADroneZone website. At that time, he would have to submit the unmanned aircraft’s manufacturer and model name as part of the registration process. Because Linus built his own UAS, he plans to use his own name as the manufacturer and use a model number of his choosing. Because his UAS does not have any remote identification capabilities, Linus knows he may only operate it within an FAA-recognized identification area. Linus is a member of the Arizona Amateur Modelers (AAM) organization, which has an FAA-recognized identification area near his home. He found information about AAM’s FAArecognized identification area at the FAA website and has agreed to AAM’s terms and conditions for operating within the FAA-recognized identification area. While operating there, Linus makes sure that both he and the unmanned aircraft physically stay within the boundaries of the FAArecognized identification area. Linus VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 operates the unmanned aircraft within visual line of sight and in accordance with any applicable operational rules and site-specific safety guidelines. 5. Flying in an FAA-Recognized Identification Area Scenario 1: Linus owns another UAS which is a standard remote identification UAS and wants to operate it at AAM’s FAA-recognized identification area. Since his second UAS is a standard remote identification UAS, even when operating within the boundaries of the FAA-recognized identification area, he is still required to ensure that the standard remote identification UAS transmits the applicable remote identification message elements through an internet connection to a Remote ID USS and broadcasts directly from the unmanned aircraft. The remote identification requirements for Linus are no different inside or outside of the FAA-recognized identification area when he is operating a UAS with remote identification. Scenario 2: Linus owns a third UAS— this one a limited remote identification UAS—which was given to him as a birthday present. He decided he would try out his new limited remote identification UAS after he finished posting on his blog. While working on his computer, there was a massive power outage that took out all communications in the city. Since Linus lost connection to the internet in both his computer and mobile phone, he decided he would go fly his limited remote identification UAS at the nearby FAA-recognized identification area until the internet came back and he could finish working on his blog. When Linus arrived at the FAA-recognized identification area, he took out the limited remote identification UAS from its box, turned it on, and attempted to fly. The limited remote identification UAS did not lift off. Linus realized that he was going to have to go back home to get his standard remote identification UAS or his UAS with no remote identification capabilities. Even though he was at an FAA-recognized identification area, he would not be able to fly his limited remote identification UAS because the limited remote identification UAS cannot broadcast remote identification message elements and was produced to meet requirements that prevent it from taking off when it cannot connect to the internet and transmit to a Remote ID USS. Linus will be able to operate his limited remote identification UAS at the FAArecognized identification area or elsewhere when the connection to the internet is reestablished and his limited PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 remote identification UAS is able to transmit to a Remote ID USS. Scenario 3: Sam is cleaning out his closet and finds a UAS that he bought a number of years ago. The UAS was purchased before the remote identification rule went into effect and the unmanned aircraft weighs 1 pound. He remembers registering the unmanned aircraft, but knows it does not have remote identification. Sam is aware that some older UAS manufactured without remote identification could receive a software update that makes them remote identification compliant. He checks the UAS manufacturer’s website, but unfortunately his model of UAS is not eligible for an update. Because Sam’s unmanned aircraft is required to be registered and does not have remote identification, Sam can only operate it at an FAA-recognized identification area. XI. Law Enforcement Access to Remote Identification and Registration Information In addition to aiding the FAA in its civil enforcement of FAA regulations, the FAA anticipates that with the implementation of the proposed remote identification requirements, law enforcement and national security agencies would find the remote identification information useful for criminal enforcement, public safety, and security purposes. There are over 18,000 law enforcement and security agencies across the United States, many of which would seek access to remote identification information to respond to emerging threats or as part of an investigation. The FAA envisions it would facilitate near real-time access to the remote identification message elements (paired with certain registration data, when necessary) for accredited and verified law enforcement and Federal security partners. The information could be used to identify and possibly contact the person manipulating the flight controls of a UAS in response to potentially unsafe or nefarious UAS activities. Potential scenarios include local law enforcement or Federal agencies seeking information in response to nuisance calls from private citizens or large crowd event managers; UAS at emergency scenes (e.g., fires, motor vehicle accident scenes); critical infrastructure protection; UAS around airports; and manned aircraft encounters with UAS. Law enforcement agencies would be able to access remote identification information in near realtime and also access remote identification information maintained by Remote ID USS. E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules Remote identification would assist in providing law enforcement and security agencies with important information about the UAS in real time, including the location of the control station and therefore the location of the person manipulating the flight controls of the UAS. This information would better enable law enforcement to immediately find the location of the person manipulating the flight controls of a UAS and help with preliminary threat discrimination. In addition, when correlated with registration information, remote identification of UAS also would enable law enforcement officers to determine some information about who the UAS’ owner is before engaging the person manipulating the flight controls of a UAS directly. Once located, a law enforcement officer can speak with the person manipulating the flight controls of a UAS to gain potential insight into his or her intentions and allow the officer to either educate the person manipulating the flight controls of a UAS or begin an investigation. Although remote identification of UAS may not deter nefarious actors, it would allow the swift interdiction of the clueless and careless persons manipulating the flight controls of UAS and shift law enforcement and security partners’ UAS protection efforts to the truly nefarious actors. This information would also aid in any subsequent criminal or civil enforcement action. Remote identification information, when correlated with UAS registry information, would inform law enforcement officers about two essential factors: Who registered the UAS, and where the person manipulating the flight controls of a UAS is currently located. This is particularly relevant to a law enforcement officer’s decision on whether use of force would be appropriate. Law enforcement officials have made clear that it can be very difficult to make a decision about the potential intent of a person manipulating the flight controls of a UAS with the limited information available from visually observing a UAS. Remote identification information would enable better threat discrimination, an immediate and appropriate law enforcement response, and a more effective follow-on investigation. As part of this NPRM, the FAA has conducted a Privacy Impact Assessment. The PIA found the NPRM requirements that affect privacy include, among others, the registration of the UAS with the FAA, the transmission of data from the UAS to Remote ID USS, and the broadcast of data from standard remote identification UAS to any person VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 capable of receiving broadcasts. As noted elsewhere in this NPRM, the FAA anticipates that the message elements related to any standard remote identification UAS or limited remote identification UAS are publicly available information and may be accessed by any person able to receive a broadcast or who has access to a Remote ID USS. Currently, the FAA restricts access to information contained in its small unmanned aircraft registration system; the FAA is not proposing to change the restrictions regarding that information. The PIA discusses the information proposed to be collected and the uses of that information. The PIA points to several mitigation strategies including: limiting collection to only relevant and necessary personally identifiable information (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 crossreference that information with registry data would not be publicly available and would be limited to the FAA and law enforcement for security purposes. A copy of the draft PIA is posted in the docket for this rulemaking.65 The following paragraphs provide notional scenarios regarding how the FAA envisions the proposed rule would apply to law enforcement agents. Lucy is a sheriff’s deputy in Boone County, Montana, and is assigned to provide a law enforcement presence at an outdoor concert. At one point during the event, Lucy observes an unmanned aircraft circling above the crowd. She opens an application (app) for law enforcement 66 on her smartphone, which identifies the UAS and indicates that the UAS operator is located 90 feet away from where she is standing. She approaches a man holding a UAS 65 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). 66 The FAA anticipates that in the future, third parties may develop mobile phone applications for law enforcement use. PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 72471 controller who appears to be operating the UAS. The UAS operator tells her he is filming the crowd for the purposes of creating and selling a video of the event. Lucy’s app informs her that the unmanned aircraft is not registered. Through the conversation, Lucy learns that the person manipulating the flight controls of the UAS is unaware of the rules for operating unmanned aircraft over people. She also discovers that the person manipulating the flight controls of the UAS does not hold an FAA remote pilot certificate. Based on the information available to Lucy, she requests that the person manipulating the flight controls of the UAS land the UAS in a manner that ensures the safety of the concert audience. After the unmanned aircraft lands, she collects the pilot’s information, takes appropriate local law enforcement action, and forwards the information to the FAA for appropriate action. In another scenario, Officer Schroeder, a law enforcement officer working at a national security facility, sees a UAS operating near a protected area of the facility that is not transmitting any remote identification information. He knows this because he has an internet-connected tablet computer with an application developed for law enforcement that displays remote identification information for UAS operating nearby. Because the UAS is not transmitting any remote identification information, he is unable to access information that could identify the UAS and indicate the location of the person manipulating the flight controls of the UAS. He visually scans an area on the ground below where the UAS is operating but does not see anyone that could be the person manipulating the flight controls of the UAS. After completing his risk assessment, Officer Schroeder determines the UAS is a potential threat and takes action in accordance with his agency’s procedures. On a different occasion, Officer Schroeder is alerted to the presence of a UAS near the same protected area of the facility because the UAS is transmitting remote identification information in accordance with FAA regulatory requirements. Officer Schroeder is able to identify the UAS and sees the location of the person manipulating the flight controls of the UAS on a tablet computer. The serial number being transmitted by the UAS is used to determine that the registered owner is Schultz Inspection Services. Officer Schroeder checks the facility’s log of authorized UAS activities for the day and determines that Schultz E:\FR\FM\31DEP2.SGM 31DEP2 72472 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules Inspection Services is conducting an authorized inspection. XII. Means of Compliance khammond on DSKJM1Z7X2PROD with PROPOSALS2 A. Introduction Performance-based regulations describe outcomes, goals, or results without establishing a specific means or process for regulated entities to follow. Under certain FAA performance-based rules, a person may use a means of compliance to meet these performance requirements. The FAA recognizes that UAS technology is continually evolving, making it necessary to harmonize new regulatory action with technological growth. Setting performance requirements is one way to promote that harmonization. Developing a regulatory framework with performance-based requirements rather than prescriptive text provides a flexible regulation that allows a person to develop means of compliance—which may include consensus standards—that adjust to the fast pace of technological change, innovation, design, and development while still meeting the regulatory requirements. The FAA believes that the use of an FAA-accepted consensus standard as a means of compliance would provide stakeholders this flexibility to comply with the remote identification requirement. The FAA recognizes that consensus standards are one way, but not the sole means, to show compliance with the performance requirements of the proposed part 89. The FAA emphasizes that, although a means of compliance developed by a consensus standards body (e.g., ASTM International (ASTM), Society of Automotive Engineers (SAE), Consumer Technology Association (CTA), etc.) may be available, any individual or organization would also be able to submit its own means of compliance to the Administrator for consideration and potential acceptance. The FAA encourages consensus standards bodies to develop means of compliance and submit them to the FAA for acceptance. These bodies generally incorporate openness, balance, due process, appeals process, and peer review. The FAA has an extensive history of working with consensus standards bodies such as ASTM International, SAE, and Institute of Electrical and Electronics Engineers (IEEE). Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTAA) 67 directs Federal agencies to use consensus standards in lieu of government-unique standards 67 Public Law 104–113; 15 U.S.C. 3701 et seq. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 except where inconsistent with law or otherwise impractical. The FAA intends to rely increasingly on consensus standards as FAA-accepted means of compliance for UAS performance-based regulations for remote identification, consistent with FAA precedent for general aviation aircraft and other initiatives taken with respect to UAS. The proposed approach aligns with the direction of the Office of Management and Budget (OMB) Circular A–119, which favors the use of performance-based regulations and voluntary consensus standards. OMB Circular A–119 states that, for cases in which no suitable voluntary consensus standards exist, an agency may consider using other types of standards. In addition, an agency may develop its own standards or use other governmentunique standards, solicit interest from qualified standards development organizations for development of a standard, or develop a standard using the process principles outlined in Section 2e of the Circular.68 OMB Circular A–119 cautions regulators to avoid standards with biases in favor of a few large manufacturers that create an unfair competitive advantage. B. Applicability The FAA is proposing that—with limited exceptions—all UAS produced for operation in the United States would be required to be designed and produced to meet the performance requirements of proposed part 89 in accordance with an FAA-accepted means of compliance for remote identification. The FAA is also proposing that persons operating a UAS within the airspace of the United States (other than within FAA-recognized identification areas) would be prohibited from doing so unless the UAS meets the requirements of the rule. Subpart D of the proposed rule prescribes the minimum remote identification message element set and minimum performance requirements for standard remote identification UAS and limited remote identification UAS. Specifically, § 89.305 and § 89.315 establish the proposed minimum message elements which would have to be broadcast or transmitted, as appropriate, by standard remote identification UAS and limited remote identification UAS. The minimum remote identification message element requirements are discussed in greater detail in section XII.C of this preamble. Sections 89.310 and 89.320 propose the minimum performance requirements for standard remote identification UAS and 68 OMB PO 00000 Circular A–119, Section 5d. Frm 00036 Fmt 4701 Sfmt 4702 limited remote identification UAS. These requirements are discussed in section XII.D of this preamble. Subpart E of the proposed rule would prescribe the requirements for the submission (§ 89.405) and acceptance (§ 89.410) of means of compliance used in the design and production of standard remote identification UAS or limited remote identification UAS to ensure such UAS meet the minimum performance requirements of subpart D. The process for submission and acceptance of a means of compliance is discussed in section XII.F of this preamble. C. Remote Identification Message Elements The FAA is proposing the minimum message elements necessary for the remote identification of UAS. These message elements contain the data required to meet the objectives of the proposed rule. Although the message elements are designed specifically to meet remote identification requirements, the FAA anticipates the proposed message elements would also support future UTM services. Under proposed § 89.315, the message elements for limited remote identification UAS would include: (1) The UAS Identification; (2) an indication of the control station’s latitude and longitude; (3) an indication of the control station’s barometric pressure altitude; (4) a time mark; and (5) an indication of the emergency status of the UAS. Under proposed § 89.305, the message elements for standard remote identification UAS would include the same message elements required for limited remote identification UAS plus (1) an indication of the unmanned aircraft’s latitude and longitude, and (2) an indication of the unmanned aircraft’s barometric pressure altitude. In accordance with § 89.120, unless authorized by the Administrator to operate UAS for the purpose of aeronautical research or showing compliance with regulations, a person operating a UAS that does not meet the requirements for standard remote identification UAS under § 89.110 or for limited remote identification UAS under § 89.115 would only be allowed to operate within FAA-recognized identification areas. 1. UAS Identification The UAS Identification message element establishes the unique identity of UAS operating in the airspace of the United States. This message element would consist of one of the following: E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules • A serial number assigned to the unmanned aircraft by the person responsible for the production of the standard or limited remote identification unmanned aircraft system; or • A session identification number (session ID) assigned by a Remote ID USS. The FAA considered but is not proposing to use the unmanned aircraft registration number instead of a serial number as the UAS Identification. A serial number is a unique identifier issued by the UAS producer to identify and differentiate individual aircraft. The serial number is preferable as a unique identifier in a remote identification message because it would be encoded into the unmanned aircraft system during production whereas a registration number is provided to the owner of the unmanned aircraft and may change for that aircraft if the unmanned aircraft is resold. In addition, a registration number is assigned by the FAA only after a UAS owner applies for one, whereas a serial number would be assigned prior to the UAS being purchased and would provide a means for the UAS to send out a remote identification message, even if it is not registered. The FAA anticipates a UAS would be designed to broadcast and transmit, as appropriate, its serial number regardless of whether the unmanned aircraft has been registered or not. operational privacy to these operators without adversely impacting the safety and security needs of the FAA, national security agencies, and law enforcement. Where a session ID has been issued, the FAA and authorized entities would have the means to correlate the session ID to the UAS serial number and would consequently be able to correlate the UAS serial number to its registration data. i. Session Identification The FAA is proposing an option for UAS operators to be able to use a session ID assigned by a Remote ID USS as the UAS Identification, instead of the unmanned aircraft serial number. This would provide a layer of operational privacy. The association between a given session ID and the unmanned aircraft serial number would not be available to the public through the broadcast message. This association would be available to the issuing Remote ID USS, the FAA, and other authorized entities, such as law enforcement. The FAA recognizes there could be concerns with the transmission of the serial number from UAS conducting routine or repetitive operations. For example, some businesses operating UAS may be concerned with the collection and analysis of flight information by their competitors in a manner that reveals sensitive business practices, such as the flight profile of an individual UAS over time. Allowing a UAS to broadcast and transmit to a Remote ID USS, as appropriate, a session ID instead of a serial number would provide As proposed in § 89.305(b) for standard remote identification UAS and § 89.315(b) for limited remote identification UAS, the FAA would require a UAS to transmit the latitude and longitude of its control station through an internet connection to a Remote ID USS. In addition, standard remote identification UAS would have to broadcast this information. This message element would be derived from a position source, such as a GPS receiver. The FAA notes that it is not proposing a specific type of position source used to determine this information to allow the greatest flexibility to designers and producers of UAS. The FAA would require that the person manipulating the flight controls of the UAS is co-located with the control station; therefore, knowing the control station location would also provide the location of the person manipulating the flight controls. This message element would be used by the FAA and authorized entities to locate the UAS operator when necessary for the safety, security, or efficiency of aircraft operations in the airspace of the United States. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 ii. Correspondence Between Serial Number and Session ID The FAA is proposing in § 89.310(j)(1) to require standard remote identification UAS to use the same remote identification message elements, including the same UAS Identification, when transmitting to a Remote ID USS and broadcasting directly from the unmanned aircraft. The FAA considers that the UAS Identification should be required to be identical because a lack of consistency regarding this message element could create confusion as to who is flying in the airspace of the United States. If the broadcast message and the transmission to the Remote ID USS contain different UAS Identifications, it may potentially appear as if there are two different aircraft in the airspace instead of one in a particular location. 2. An Indication of the Control Station’s Latitude and Longitude PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 72473 3. An Indication of the Control Station’s Barometric Pressure Altitude As proposed in § 89.305(c) for standard remote identification UAS and § 89.315(c) for limited remote identification UAS, the FAA would require an indication of the control station’s barometric pressure altitude, referenced to standard sea level pressure of 29.92 inches of mercury or 1013.2 hectopascals. This information would be used to establish a standard altitude reference for UAS operating in the airspace of the United States and provide information that could be used to approximate the control station’s height above ground level. This information is necessary for instances where the person manipulating the flight controls of the UAS is not at ground level, such as a person operating a UAS from the roof of a building. The FAA considered and rejected a requirement to indicate the control station’s geometric altitude, which is a measure of altitude provided by GPS that is not affected by atmospheric pressure. Barometric pressure altitude is a more precise measurement than geometric altitude and is the standard altitude reference for aviation. While systems such as ADS–B require an indication of both barometric pressure altitude and geometric altitude, those requirements are necessary to ensure the safe separation of aircraft in controlled airspace. The FAA concluded that a single altitude reference for UAS with remote identification equipment is sufficient for identification and thus is proposing to use only barometric pressure altitude. The FAA requests comments regarding whether both barometric pressure altitude and geometric altitude of the control station should be part of the remote identification message elements. 4. An Indication of the Unmanned Aircraft’s Latitude and Longitude As proposed in § 89.305(d) for standard remote identification UAS, this message element would provide the position of the unmanned aircraft using its latitude and longitude and would be derived from a position source, such as a GPS receiver. This message element would be used to associate a specific unmanned aircraft with its associated control station position. It would also be used to provide situational awareness to other aircraft, both manned and unmanned, operating nearby. Manned aircraft, especially those operating at low altitudes where UAS operations are anticipated to be the most prevalent, such as helicopters and agricultural aircraft, could carry the necessary E:\FR\FM\31DEP2.SGM 31DEP2 72474 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules equipment to display the location of UAS operating nearby. Facility operators could use latitude and longitude information to know about the location of UAS operating near an airport, airfield, or heliport. The FAA notes that this proposed requirement would not apply to limited remote identification UAS, which would be required to transmit message elements regarding the location of the control station only through an internet connection to a remote ID USS. khammond on DSKJM1Z7X2PROD with PROPOSALS2 5. An Indication of the Unmanned Aircraft’s Barometric Pressure Altitude As proposed in § 89.305(e) for standard remote identification UAS, this message element would indicate the unmanned aircraft’s barometric pressure altitude referenced to standard sea level pressure of 29.92 inches of mercury or 1013.2 hectopascals. This information would be used to establish a standard altitude reference for UAS operating in the airspace of the United States. It would also be used to provide situational awareness to other aircraft, both manned and unmanned, operating nearby. The FAA notes that this proposed requirement would not apply to limited remote identification UAS, which would be required to transmit through an internet connection to a Remote ID USS message elements regarding the location of the control station only. The FAA considered and rejected a requirement to indicate the unmanned aircraft’s geometric altitude, concluding that a single altitude reference—barometric pressure altitude—is sufficient (see discussion in XII.C.3 of this preamble). The FAA requests comments regarding whether both barometric pressure altitude and geometric altitude of the unmanned aircraft should be part of the remote identification message elements. 6. Time Mark This message element would provide a time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output. A position source output is the latitude and longitude coordinates of the unmanned aircraft or control station, as applicable. The time of applicability is therefore a record of the UTC time when the UAS was at a particular set of coordinates. As proposed in § 89.305(f) for standard remote identification UAS, the time mark would apply to the position source output for both the control station and the unmanned aircraft. For limited remote identification UAS, the same requirement is proposed in § 89.315(d), but the time mark would only be VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 applicable to the control station position source output. While the FAA is not proposing a particular format for the time mark, the FAA anticipates that a means of compliance that specifies a GPS position source would also specify a GPS time mark. As an unmanned aircraft or control station position changes, the position source, such as a GPS receiver, provides continuous outputs that indicate the new position of the unmanned aircraft or control station. The time mark message element would be used to indicate the time a particular unmanned aircraft or control station location was measured, therefore providing information that can be used to correlate the time and location of unmanned aircraft operating in the airspace of the United States. 7. An Indication of the Emergency Status of the UAS As proposed in § 89.305(g) for standard remote identification UAS and § 89.315(e) for limited remote identification UAS, this message element would specify a code that indicates the emergency status, which could include lost-link, downed aircraft, or other abnormal status of the UAS. The FAA anticipates that a standard for remote identification would specify the different emergency codes applicable to unmanned aircraft affected by this rule. This message element could be initiated manually by the person manipulating the flight controls of the UAS or automatically by the UAS, depending on the nature of the emergency and the UAS capabilities. This message element would alert others that the UAS is experiencing an emergency condition and would indicate the type of emergency. The requirement would be useful for a multitude of reasons. For example, security personnel could use an emergency status to differentiate a nefarious actor from a malfunctioning unmanned aircraft. Other users of the airspace of the United States or Remote ID USS could use the information to make informed decisions about how best to keep nearby aircraft out of the way of an unmanned aircraft experiencing an emergency. Thus, the emergency status requirement would contribute to a safer and more efficient airspace of the United States. D. Minimum Performance Requirements The proposed rule would require standard remote identification UAS to meet the minimum performance requirements established in § 89.310 by using an FAA-accepted means of compliance. These requirements relate to the control station location, automatic PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 connection to a Remote ID USS, time mark, self-testing and monitoring, tamper resistance, connectivity, error correction, interference considerations, message transmission, and message elements performance requirements. The proposed rule would require limited remote identification UAS to meet the minimum performance requirements established in § 89.320 by using an FAA-accepted means of compliance. The performance requirements for limited remote identification UAS cover the topics addressed in the requirements for standard remote identification UAS not related to broadcast functionality, and include criteria for range limitation. 1. Control Station Location As proposed in § 89.310(a) for standard remote identification UAS and § 89.320(a) for limited remote identification UAS, the FAA would require all UAS with remote identification to generate and encode a control station location that corresponds to the location of the person manipulating the flight controls of the UAS. The rationale for this requirement is to assist the FAA and authorized persons using this information to locate the person manipulating the flight controls of the UAS. The FAA envisions that in some situations, the control station might be a distributed system where some elements, such as a remotely sited uplink antenna, might not be located in a close enough proximity to the person manipulating the flight controls of the UAS. Thus, the FAA intends for an FAA-accepted means of compliance to outline a process for UAS designers and producers to determine which part or element of the control station should be incorporated into the remote identification message due to its close proximity to the person manipulating the flight controls of the UAS. 2. Automatic Remote ID USS Connection As proposed in § 89.310(b) for standard remote identification UAS and § 89.320(b) for limited remote identification UAS, the FAA is proposing that from takeoff to landing, the UAS would be required to automatically maintain a connection to the internet when available and would be required to transmit the message elements to a Remote ID USS through that connection. The FAA envisions that UAS would connect to an internet-based Remote ID USS upon initialization. This process would be similar to the way cell phones automatically connect to cellular networks without user input E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules when the cell phones are turned on and when they are within range of a cellular network. Standard remote identification UAS would also be required to broadcast message elements. The FAA welcomes comments on whether the connection should be required from takeoff to landing or whether it should be required from start up to shut down. khammond on DSKJM1Z7X2PROD with PROPOSALS2 3. Time Mark As proposed in §§ 89.310(c) for standard remote identification UAS and § 89.320(c) for limited remote identification UAS, the FAA is proposing that all UAS with remote identification would be required to generate and transmit through an internet connection to a Remote ID USS messages with the time mark message element; standard remote identification UAS would broadcast the message element as well. The time mark message element would have to be synchronized to the time when all other message elements are generated. The purpose of this requirement is to ensure that position and other data contained in remote identification messages would have a usable time reference for the purposes of reconstructing unmanned aircraft flight profiles. 4. Self-Testing and Monitoring The FAA is proposing in § 89.310(d) for standard remote identification UAS and § 89.320(d) for limited remote identification UAS, to require UAS with remote identification to automatically test the remote identification functionality when the UAS is powered on and to notify the person manipulating the flight controls of the UAS of the result of the test. Further, the FAA is proposing to prohibit these UAS from taking off if the remote identification equipment is not fully functional. Since a person would only be allowed to operate a standard remote identification UAS or a limited remote identification UAS if its remote identification equipment is functional (§ 89.110(c)(2) and § 89.115(c)(2)), the FAA envisions that UAS designers and producers would build a notification system to alert potential operators of any remote identification equipmentrelated malfunction. This notification requirement would help operators comply with the operating requirements of proposed part 89. The FAA is also proposing to require UAS to continuously self-monitor the remote identification functionality throughout the flight and to provide notification of malfunction or failure to the person manipulating the flight controls of the UAS. With this VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 capability, the person manipulating the flight controls of the UAS can make informed decisions about what actions to take to minimize risk to other users of the airspace and people and property on the ground. This requirement is necessary because, as proposed in § 89.110(b), a standard remote identification UAS would be required to land as soon as practicable if it loses broadcast capability in-flight. Similarly, a limited remote identification UAS would be required to land as soon as practicable if it can no longer transmit the message elements through an internet connection to a Remote ID USS, as proposed in § 89.115(b). 5. Tamper Resistance The FAA is proposing in § 89.310(e) for standard remote identification UAS and in § 89.320(e) for limited remote identification UAS to require that UAS with remote identification be designed and produced in a way that reduces the ability of a person to tamper with the remote identification functionality. The FAA envisions the UAS would have tamper-resistant design features to hinder the ability to make unauthorized changes to the remote identification equipment or messages. 6. Connectivity For standard remote identification UAS, the FAA is proposing in § 89.310(f)(1) and § 89.310(f)(2) that if the internet is available at takeoff, the unmanned aircraft would be required to be designed and produced so that it would not be able to take off unless it is connected to the internet and transmitting the message elements in proposed § 89.305 through that internet connection to a Remote ID USS. In addition, the FAA is proposing to require that the message elements be broadcast directly from the unmanned aircraft. If the internet is unavailable at takeoff, the standard remote identification UAS would not be able to take off unless it is broadcasting the message elements. Further, in § 89.310(f)(3), the FAA is proposing to require a standard remote identification UAS to continuously monitor its connection to the internet and the transmission of remote identification message elements to a Remote ID USS. If either is lost, the UAS would have to notify the person manipulating the flight controls of the UAS so he or she may take appropriate action, as needed. For limited remote identification UAS, the FAA is proposing in § 89.320(f)(1) that if the internet is available at takeoff, the limited remote identification UAS would be required to be designed and produced in such a PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 72475 way that it would not be able to take off until it establishes a connection to the internet and transmits the message elements in proposed § 89.315 through that internet connection to a Remote ID USS. If the internet is unavailable at takeoff, the limited remote identification UAS would not be able to take off because, unlike a standard remote identification UAS, a limited remote identification UAS would not be able to broadcast the remote identification message elements in § 89.305 or § 89.315. Further, under proposed § 89.320(f)(2), a limited remote identification UAS would be required to continuously monitor the connection to the internet and the transmission of remote identification message elements to a Remote ID USS. If connection to the internet is lost or the UAS stops transmitting to a Remote ID USS, the UAS would be required to notify the person manipulating the flight controls of the UAS so that the person may land the limited remote identification UAS as soon as practicable. 7. Error Correction As proposed in § 89.310(g) for standard remote identification UAS and § 89.320(g) for limited remote identification UAS, the FAA is proposing to require all UAS with remote identification equipment to incorporate error correction in the transmission and broadcast of the message elements, as appropriate. Error correction would allow remote identification broadcast receivers, such as smart phones, and Remote ID USS to detect potential errors that may exist in the message, and take the appropriate action. The FAA is not proposing any specific algorithms or technologies that would be required to be incorporated into an FAA-accepted means of compliance. Instead, the error correction capabilities incorporated into a proposed means of compliance would be reviewed and evaluated as a part of the acceptance process. 8. Interference Considerations As proposed in § 89.310(h) for standard remote identification UAS and in § 89.320(h) for limited remote identification UAS, and consistent with FCC regulations, the FAA would prohibit the remote identification equipment from causing harmful interference to other systems or equipment installed on the unmanned aircraft or control station. For example, the remote identification equipment could not cause harmful interference to the UAS command and control datalink and could not otherwise be in violation of FCC regulations. In addition, the E:\FR\FM\31DEP2.SGM 31DEP2 72476 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 remote identification equipment would not meet the requirements of this rule if its operation would be adversely affected by interference from other systems or equipment installed on the unmanned aircraft or control station, such as the UAS command and control datalink or a camera feed from the unmanned aircraft to a display at the control station. A specific means of compliance may include requirements to use specific radio frequency emitters and receivers. The FAA envisions that a proposed means of compliance could include an analysis of frequency congestion and interference considerations. For example, a proposed means of compliance could require analysis and mitigation of interference from equipment on the ground as well as other similarly equipped unmanned aircraft in the air. Additionally, the means of compliance could also consider the impact those equipped aircraft could have on manned aircraft or equipment on the ground that use the same frequency bands (e.g., personal electronic devices). The FAA does not propose a particular method by which interference considerations are identified or mitigated by designers or producers. Instead, the FAA would consider proposed methods for dealing with interference considerations and would verify that they are appropriate for the types of equipment and operations applicable to those means of compliance and do not run counter to any applicable regulations, including FCC regulations. 9. Message Transmission The FAA is proposing in § 89.310(i)(1) that standard remote identification UAS be capable of transmitting the message elements in proposed § 89.305 through an internet connection to a Remote ID USS. Additionally, the FAA is proposing in § 89.310(i)(2) to require that standard remote identification UAS be capable of broadcasting the message elements in proposed § 89.305 using a non-proprietary broadcast specification and radio frequency spectrum in accordance with 47 CFR part 15 that is compatible with personal wireless devices. The FAA envisions that remote identification broadcast equipment would broadcast using spectrum similar to that used by Wi-Fi and Bluetooth devices. The FAA is not, however, proposing a specific frequency band. Rather, the FAA envisions industry stakeholders would identify the appropriate spectrum to use for this capability and would propose solutions through the means of compliance acceptance process. This requirement VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 would ensure that the public has the capability, using existing commonly available and 47 CFR part 15 compliant devices, such as cellular phones, smart devices, tablet computers, or laptop computers, to receive these broadcast messages. The FAA has considered the conditions of operation, the general technical requirements, and the performance limitations associated with the use of part 15 devices and has determined that these conditions, requirements, and limitations would be acceptable and compatible with the proposed use and expected performance of the broadcast capability of standard remote identification UAS. The FAA acknowledges that, by rule, part 15 devices, including those used for the remote identification broadcast, may not cause harmful interference and must accept any interference received. To meet the proposed requirement of compatibility with personal wireless devices, a means of compliance may take into consideration whether the remote identification capability would be compatible with current and older models of personal wireless devices still in common usage. The FAA intends the proposed requirement to ensure that the broadcast message from standard remote identification UAS would be accessible by most personal wireless devices in use. Additionally, for standard remote identification UAS, § 89.310(i)(2) proposes that the broadcast device use radio frequency spectrum in accordance with 47 CFR part 15 that is compatible with personal wireless devices and must be designed to maximize the range at which the broadcast can be received, while complying with the 47 CFR part 15 regulatory requirements in effect at the time that the Declaration of Compliance is submitted for FAA acceptance, and must be integrated into the unmanned aircraft or control station without modification to its authorized radio frequency parameters. This proposed requirement would ensure that producers use a means of compliance that specifies a broadcast technology or broadcast technology characteristics that maximize the broadcast range while still meeting the other minimum performance requirements under this proposed rule. Maximizing the broadcast range would ensure that remote identification information would be available to the largest number of potential receiving devices within the limits permitted by law. Maximized range would also optimize future operational capabilities, such as detect-and-avoid and aircraft-to- PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 aircraft communications where range is a factor. For limited remote identification UAS, the FAA is proposing in § 89.320(i) that the UAS be capable of transmitting the message elements in proposed § 89.315 through an internet connection to a Remote ID USS. Under the proposed rule, limited remote identification UAS would be prohibited from broadcasting the remote identification message elements. For both standard and limited remote identification UAS, at this time the FAA has not proposed any requirements regarding how the UAS connects to the internet to transmit the message elements or whether that transmission is from the control station or the unmanned aircraft. The FAA understands, however, that there are concerns about the impact that connecting to the internet directly from the unmanned aircraft (as opposed to the control station) could have on networks that use radio frequency spectrum, including interference, network stability, or other effects. The FAA seeks comments on these potential effects, recognizing that issues of interference or other impacts to communications networks are independently reviewed by the FCC. The FAA requests that comments indicate any drawbacks or impacts to users or license holders of either licensed or unlicensed spectrum. Additionally, the FAA seeks feedback regarding whether any existing UAS are capable of connecting to the internet from the unmanned aircraft, and if so, what methods are used for those connections. 10. Interoperability To achieve interoperability among standard remote identification UAS that may be produced using different means of compliance, the FAA is also proposing in § 89.310(i)(2) that for standard remote identification UAS, a means of compliance would be required to include the requirement that the message elements be broadcast using a non-proprietary specification for remote identification. For the broadcast to be interoperable with personal wireless devices, the message elements for standard remote identification UAS would have to be broadcast using a message format available to the public. A known message format is necessary for the receiving personal wireless devices to decode the messages and make the message elements available for use by software applications on the receiving devices. For example, where the UAS remote identification broadcast message format is known to the public, E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules an entity would be able to develop a mobile phone application that allows the user to view unmanned aircraft operating nearby on a map display. 11. Message Elements Performance Requirements As proposed in § 89.310(j) for standard remote identification UAS and § 89.320(j) for limited remote identification UAS, the FAA would require that all UAS with remote identification meet certain minimum requirements regarding the transmission of the message elements including the minimum performance requirements related to positional accuracy, barometric pressure, message latency, and message transmission rate. The FAA invites comments on whether the parameters for the message elements performance requirements proposed in § 89.310(j) and § 89.320(j) are appropriate and requests commenters submit specifics, supported by data, to sustain their position. khammond on DSKJM1Z7X2PROD with PROPOSALS2 i. Transmission and Broadcast of Identical Message Elements Under § 89.310(j)(1), the FAA is proposing that standard remote identification UAS transmit and broadcast identical message elements. ii. Positional Accuracy The FAA is proposing positional accuracy requirements that are compatible with commercial off the shelf position sources, such as GPS receivers integrated into many existing UAS, smart phones, or other smart devices. For an unmanned aircraft, the position source is considered to be equipment onboard the aircraft that computes a geodetic position (latitude and longitude). The position source can be a separate sensor or can be integrated into other systems. While the FAA anticipates that most unmanned aircraft would use a GPS receiver as the position source, other equipment could be used as long as it is capable of producing the required message elements and meets the proposed accuracy requirement. For a control station, the position source is considered to be equipment that is either integrated into the control station or separate from but in close proximity to the control station. For example, a commercially available smart phone with a GPS receiver could be an acceptable control station position source if it meets the proposed accuracy requirement. As proposed in § 89.310(j)(2) for standard remote identification UAS, the reported position of the unmanned aircraft and control station would have VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 to be accurate to within 100 feet of the true position, with 95 percent probability. For limited remote identification UAS, the same requirement is proposed in § 89.320(j)(1) except that it would only apply to the control station since the FAA is not proposing an unmanned aircraft location message element requirement for limited remote identification UAS. The proposed 100-foot accuracy requirement is based on the 30-meter (98.4 feet) accuracy requirement for commercial off the shelf GPS position sources allowed for Traffic Awareness Beacon System (TABS) equipment in TSO–C199.69 Based on information the FAA has reviewed from UAS producers and smart device technology developers, the FAA believes this accuracy requirement is achievable by the majority of GPSenabled UAS and smart devices in use today, and indications are that future GPS-based technology will have improved accuracy compared to current systems. The FAA expects that future UAS will take advantage of technological advancements in position source accuracy to provide even greater accuracies as technologies evolve. iii. Barometric Pressure Altitude Accuracy The FAA is proposing an unmanned aircraft and control station barometric pressure altitude accuracy requirement that it believes is compatible with barometers integrated into many existing UAS, smart phones, and smart devices. As proposed in § 89.310(j)(3) for standard remote identification UAS, the reported barometric pressure altitude for the unmanned aircraft and the control station would be required to be accurate to within 20 feet of the true barometric pressure altitude for pressure altitudes ranging from 0 to 10,000 feet. For limited remote identification UAS, the same requirement is proposed in § 89.320(j)(2) for the control station only, as there is no unmanned aircraft pressure altitude message element requirement for limited remote identification UAS. Based on information the FAA has reviewed from producers of UAS, the FAA believes this requirement is achievable by many UAS and smart devices in use today that are equipped with a barometer. In addition, there are indications that UAS and smart device barometer technology is continually improving in terms of 69 See https://rgl.faa.gov/Regulatory_and_ Guidance_Library/rgTSO.nsf/0/1600df588a6f53ae 86257d710070d105/$FILE/TSO-C199.pdf. Accessed July 31, 2019. PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 72477 accuracy, and the FAA expects the trend of improving performance and accuracy of these systems to continue. The FAA seeks comment from UAS designers and producers and other interested individuals on whether the proposed barometric pressure altitude accuracy requirement is consistent with current and anticipated future UAS performance capabilities. iv. Remote Identification Message Latency The FAA is proposing a remote identification system latency requirement that it believes is compatible with existing commercial off the shelf UAS systems, including position sources, and both transmit and broadcast technologies. The proposed latency requirement would apply to both the transmitted message set and the broadcast message set and is the time between when a position is measured by the unmanned aircraft or control station position source and when it is transmitted and broadcast by the remote identification equipment. The latency requirement does not apply to any systems external to the UAS, such as broadcast receivers or information display devices. Based on information the FAA has reviewed from manufacturers of commercial off the shelf position sources, broadcast equipment, and transmission equipment, the FAA believes a latency of no more than one second is achievable by existing systems. The FAA therefore proposes that this is the appropriate latency requirement for the remote identification message set in § 89.310(j)(4) for standard remote identification UAS and in § 89.320(j)(3) for limited remote identification UAS. v. Remote Identification Message Transmission Rate The FAA is proposing a transmission rate for the remote identification message elements that it believes is compatible with existing commercial off the shelf UAS systems, including both internet connectivity and broadcast technologies. The proposed transmission rate would apply to both the message elements transmitted to a Remote ID USS and broadcast, and is the minimum rate at which the remote identification message would be either broadcast or transmitted to a Remote ID USS by the remote identification equipment. The FAA believes a transmission rate of at least 1 message per second (1 hertz) is achievable by existing systems and is proposing this as the minimum transmission rate for the remote identification message elements in § 89.310(j)(5) for standard remote E:\FR\FM\31DEP2.SGM 31DEP2 72478 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules identification UAS and § 89.320(j)(4) for limited remote identification UAS. 12. Cybersecurity As proposed in § 89.310(k) for standard remote identification UAS and § 89.320(k) for limited remote identification UAS, the FAA is proposing to require all UAS with remote identification equipment to incorporate cybersecurity protections for the transmission and broadcast of the message elements, as appropriate. Cybersecurity protections are necessary to defend against cyber threats that could adversely affect the authenticity or integrity of the remote identification information being transmitted by the UAS to a Remote ID USS or being broadcast from the unmanned aircraft. The FAA is not proposing any specific cybersecurity protection methods that would be required to be incorporated into an FAA-accepted means of compliance. Instead, the cybersecurity protection methods incorporated into a proposed means of compliance would be reviewed and evaluated as a part of the acceptance process. khammond on DSKJM1Z7X2PROD with PROPOSALS2 13. Range Limitation The FAA is proposing in § 89.320(l) to require that a limited remote identification UAS be designed to operate no more than 400 feet from its control station. The FAA is proposing this as a performance-based requirement so that persons submitting means of compliance can innovate and develop their own means to meet the requirement. The FAA envisions that this requirement can be met through a range of solutions, such as geo-fencing or command and control link power limitations. The FAA is not proposing to impose any range limitation on standard remote identification UAS. 14. Broadcast Limitation The FAA is proposing in § 89.320(m) to prohibit limited remote identification unmanned aircraft from broadcasting remote identification message elements identified in § 89.305 or § 89.315. A limited remote identification unmanned aircraft cannot broadcast remote identification message elements using radio frequency spectrum because the broadcast function is only applicable to standard remote identification UAS. Remote identification broadcast capability on a limited remote identification UAS would not have been designed or produced to meet the proposed requirements in this rule and could result in erroneous, noncompliant, or incorrectly formatted messages being broadcast, undermining VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 the principal purposes of this proposed rule. An unmanned aircraft that is equipped to broadcast any of the remote identification message elements identified in § 89.305 or § 89.315 would have to comply with the remote identification requirements for standard remote identification UAS. E. Other Performance Requirements Considered The FAA considered imposing additional performance requirements as part of an acceptable means of compliance; however, the FAA believes that the current proposal reflects the minimum requirements necessary to achieve the intent of the proposed rule. Regardless, the FAA acknowledges that imposing additional requirements could add value to the remote identification of UAS and further integration into the National Airspace System. The FAA welcomes comments on whether the final rule should incorporate additional performance requirements, including but not limited to any of the ones addressed in this section. The FAA emphasizes that nothing in the proposed rule would preclude a person or entity from developing and submitting a means of compliance that covers the topics discussed in this section or any other topics that span beyond the minimum performance requirements of the proposed rule. Although the FAA is proposing to require specific minimum performance requirements on certain message elements such as location and altitude, the FAA envisions that technology may progress such that improved performance may become achievable and revised minimum performance requirements may be appropriate at some point in the future. For this reason, the FAA would be willing to consider means of compliance that incorporate performance requirements that are more stringent and that exceed the minimum performance requirements of the proposed rule. The FAA would not accept any means of compliance that fails to meet any of the minimum performance requirements of the proposed rule but would consider accepting means of compliance that exceed the minimum performance requirements. Once a means of compliance is accepted by the FAA, it establishes the actual required performance and functionality for UAS with remote identification that are designed and produced using that particular means of compliance. A person responsible for the design and production of UAS using a particular means of compliance would be required to adhere to that means of PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 compliance in its totality, even if certain elements exceed the minimum performance requirements. Developers of means of compliance should consider the implications of specifying performance or functionality that exceeds the minimum regulatory requirements. The FAA considered several potential requirements that it ultimately decided were not necessary to include in the proposed minimum performance requirements. The FAA considered but chose not to propose the following: • Other message elements such as certain UAS operator contact information or other aircraft or control station information such as velocity, direction, route, or altitude above ground level; • Equipment interface requirements such as the appropriate connections between GPS receivers, altimeters, and the remote identification message compiler, the communication protocol between the aircraft and the control station through which remote identification message data is exchanged, or protocols and interfaces between UAS, internet providers, and Remote ID USS; • Flight data recording features to store remote identification information within the UAS; • Requirements for connection indications such as a separate indication of whether the UAS is connected to the internet and its connection to a specific Remote ID USS, an indication of the transmission latency, or a notification of the specific Remote ID USS to which the UAS is connected; or • Transmission or broadcast requirements during a command and control lost-link event. Although the FAA is not proposing these features in the minimum performance requirements, the FAA requests comments on whether and why any should be required. F. Submission and FAA Acceptance of Means of Compliance Any person or entity would be able to submit a proposed means of compliance to the FAA for review and potential acceptance. To submit a means of compliance for acceptance by the FAA, a person or entity would be required to indicate how the means of compliance meets the minimum performance requirements in §§ 89.305 through 89.320, as applicable, by submitting any information, analysis, or test results necessary for the FAA to determine acceptability. Specifically, under § 89.405(b), the person or entity would be required to submit all of the following information to the FAA: (1) E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 The name of the person or entity submitting the means of compliance, the name of the main point of contact for communications with the FAA, the physical address, email address, and other contact information; (2) a detailed description of the means of compliance; (3) an explanation of how the means of compliance addresses all of the minimum performance requirements established in §§ 89.305 through 89.320, as applicable, so that any standard remote identification UAS or limited remote identification UAS designed and produced using that means of compliance meets the remote identification performance requirements of proposed part 89; and (4) any substantiating material the person or entity wishes the FAA to consider as part of the application. In § 89.405(c), the FAA is proposing to require the means of compliance to include testing and validation procedures for the person responsible for production of the standard remote identification UAS or limited remote identification UAS to demonstrate through analysis, ground test, or flight tests, as appropriate, how the UAS with remote identification would perform its intended functions and how it meets the minimum performance requirements established in §§ 89.305 through 89.320, as applicable. The FAA makes no finding on radio transmitter technical compliance with 47 CFR regulations but expects technically compliant transmitters to be integrated into the UAS without modification to their authorized radio frequency parameters. The FAA would indicate acceptance of a means of compliance by notifying the submitter and publishing a notice in the Federal Register identifying the means of compliance as accepted. The FAA would also notify the public that it has accepted the means of compliance by including it on a list of accepted means of compliance at https:// www.faa.gov. The FAA would not disclose commercially valuable information in this document. It would only provide general information stating that FAA has accepted the means of compliance. G. Rescission of a Means of Compliance Pursuant to proposed § 89.415, a means of compliance is subject to ongoing review by the Administrator. The Administrator would be able to rescind acceptance of a means of compliance when the Administrator finds that a means of compliance does not meet any or all of the requirements of the proposed rule. The FAA would publish a notice of rescission in the Federal Register. If discussions with the VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 person or entity that submitted the means of compliance are unable to resolve any noncompliance issues, the FAA would notify the person or entity who submitted the FAA-accepted means of compliance of its decision to rescind its acceptance of the means of compliance by sending a letter of rescission to the email address on file for such person or entity. The FAA would also provide notice of the rescission to any person responsible for the production of standard remote identification UAS or limited remote identification UAS who submitted an FAA-accepted declaration of compliance as discussed in section XIII.E of this preamble that uses the means of compliance that is no longer accepted as a basis for compliance with the proposed requirements of this rule. Lastly, the FAA would also choose to publish at https://www.faa.gov a list of rescinded means of compliance. The main consequence of the rescission of the FAA’s acceptance of a means of compliance is that the FAA’s acceptance of any declaration of compliance that relies on the no longer accepted means of compliance may be rescinded. Therefore, any UAS with remote identification produced and listed under a declaration of compliance that relies on a no longer accepted means of compliance would fail to comply with the proposed requirements of this rule and would be restricted to flying within FAA-recognized identification areas. The rescission of the FAA’s acceptance of a declaration of compliance, as a result of the rescission of the FAA’s acceptance of a means of compliance, would follow the rescission and reconsideration provisions of proposed § 89.530. In such case, prior to rescinding the FAA’s acceptance of a declaration of compliance, the FAA proposes to notify the submitters of the affected FAA-accepted declaration(s) of compliance that their declaration(s) of compliance may be rescinded by sending a letter to the email address on file for such person or entity. Where the proposed rescission is due to the rescission of the FAA’s acceptance of a means of compliance, the FAA may allow the submitter of the FAA-accepted declaration of compliance to amend the declaration of compliance to include another FAA-accepted means of compliance, as long as the UAS produced and listed under the declaration of compliance comply with the newly-listed means of compliance. The FAA proposes not to rescind its acceptance of a declaration of compliance that is promptly amended to list another FAA-accepted means of PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 72479 compliance. Failure to amend the declaration of compliance would result in the rescission of FAA acceptance of the declaration of compliance in accordance with the provisions of § 89.530. The FAA does not expect the rescission of its acceptance of a means of compliance to occur frequently. However, the FAA does contemplate potential scenarios when FAAacceptance of a means of compliance might be rescinded. For example, the FAA could rescind its acceptance of a means of compliance if it is based on a technology standard that becomes obsolete, particularly if the old technology would interfere with the newer technologies used on UAS at that given time. The FAA believes that due to the rapid changes in technology, new means of compliance would likely be submitted for FAA acceptance whenever a significant technological change warrants a change in the design and production of UAS with remote identification. The FAA believes that due to the typical lifecycle of UAS, very few UAS built in accordance with older means of compliance would be in operation by the time the FAA’s acceptance of a means of compliance is rescinded due to a major shift in technology. By that time, the FAA expects most UAS would be designed and produced in accordance with the latest means of compliance available. Older, operational UAS built in accordance with means of compliance that are no longer accepted would still be eligible to operate within FAArecognized identification areas. H. Record Retention Requirements In § 89.420, the FAA is proposing for persons or entities who submit FAAaccepted means of compliance under part 89 to retain certain information for as long as the means of compliance is accepted plus an additional 24 calendar months. The information would be required to be made available to the FAA upon request. Specifically, the person or entity would be required to retain all documentation and substantiating data submitted for the acceptance of the means of compliance; records of all test procedures, methodologies, and other procedures, if applicable; and any other information necessary to justify and substantiate how the means of compliance enables compliance with the remote identification requirements of part 89. This requirement is being proposed so that, in the event of an FAA investigation or analysis, the Administrator may obtain data necessary to re-assess the acceptability E:\FR\FM\31DEP2.SGM 31DEP2 72480 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules of the means of compliance. The additional 24 calendar months is being proposed because the FAA envisions that, if a means of compliance is found to no longer be acceptable, UAS produced using that means of compliance might still be on the market or in the possession of operators. The additional time would ensure that the data is still readily available while any FAA actions are being taken such as possible rescissions of FAA acceptance of declarations of compliance. If the FAA requests the data and the submitter did not retain the data in accordance with this requirement, then the Administrator may choose to rescind acceptance of the means of compliance. XIII. Design and Production Requirements A. Applicability and Summary of Requirements khammond on DSKJM1Z7X2PROD with PROPOSALS2 Subpart F of the proposed rule prescribes requirements for the design and production of UAS operated in the United States. It also proposes certain procedural requirements for the submission of declarations of compliance for FAA acceptance and certain rules governing persons who have submitted FAA-accepted declarations of compliance. According to proposed § 89.501(c), the requirements of subpart F would not apply to the following UAS, unless they are intentionally designed or produced as standard remote identification UAS or limited remote identification UAS: • Amateur-built UAS. • UAS of the United States Government.70 • UAS where the unmanned aircraft weighs less than 0.55 pounds including the weight of anything attached to or carried by the aircraft. • UAS designed or produced exclusively for the purpose of aeronautical research or to show compliance with regulations. The FAA is proposing that persons responsible for the production of standard remote identification UAS or limited remote identification UAS would be required to do the following: 70 Although this exception applies to UAS produced for the use of the United States Government, U.S. government entities would still be bound by the operating provisions of part 89, subpart B. Only the aircraft of the national defense forces of the United States are excepted from the aircraft registration requirements and not required to comply with subpart B. All other United States government entities who wish to use UAS without remote identification at a location other than an FAA-recognized identification area would be required to seek authorization from the Administrator to deviate from the operating provisions of subpart B. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 • Under § 89.505, ensure each UAS produced has a serial number that complies with the ANSI/CTA–2063–A serial number standard. • Under § 89.510(a)(1), ensure that the UAS are designed and produced to meet the minimum performance requirements for standard remote identification UAS or limited remote identification UAS by using an FAAaccepted means of compliance. • Under § 89.510(b), comply with certain inspection, audit, and notification requirements. • Under § 89.515, label each unmanned aircraft to indicate that the unmanned aircraft system is remote identification compliant and indicate whether it is a standard remote identification UAS or a limited remote identification UAS. • Under § 89.520, submit a declaration of compliance for acceptance by the FAA declaring that the UAS complies with the design and production requirements of the proposed rule. The FAA anticipates that most UAS produced will be consumer or professional grade, fully-assembled UAS from a commercial manufacturer. Under those circumstances, the manufacturer is subject to all of the design and production requirements of subpart F. There are certain circumstances, however, where the responsibility for the production requirements may be less obvious. • UAS Kits. The FAA anticipates that some UAS producers will wish to sell kits that would allow a person to assemble a fully functional UAS. If the kit contains all the parts and instructions necessary to build a UAS, the producer of the kit, not the person assembling the UAS from the kit, is considered the manufacturer of the UAS and is subject to all of the design and production requirements of proposed subpart F. For purposes of the proposed rule, the FAA does not consider any package containing less than 100% of the parts and instructions necessary to assemble a complete, functional UAS to be a UAS kit. • Amateur-built UAS. As discussed later in this section, the FAA considers a UAS to be amateur built when the person building it fabricates and assembles more than 50 percent of the UAS. Under these circumstances, the person building the UAS would be the producer and may, but is not required to, comply with the design and production requirements of proposed subpart F. • UAS assembled completely from pre-fabricated parts. The FAA anticipates that some model aircraft PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 enthusiasts may assemble UAS entirely from pre-fabricated parts and that commercial vendors may wish to sell UAS parts, including packages that contain more than 50 but less than 100 percent of the parts necessary to build a UAS. The resulting UAS would not qualify as amateur-built because the person building it would be fabricating and assembling 50 percent or less of the UAS. The UAS would not qualify as built from a kit because it did not include 100 percent of the necessary parts. Under these circumstances, the person assembling the UAS would be considered the producer and would be required to comply with the design and production requirements of proposed subpart F. In § 89.1 of this proposed rule, the FAA proposes defining an amateur-built unmanned aircraft system as a UAS, the major portion of which has been fabricated and assembled by a person who undertook the construction project solely for his or her own education or recreation. The FAA would consider a UAS to be amateur built if the person building it fabricates and assembles at least 50 percent of the UAS. The FAA is proposing, in § 89.501(c)(1) to exclude amateur-built UAS from the requirements of subpart F. Specifically, amateur-built UAS would not be required to meet the performance requirements for a standard remote identification UAS or limited remote identification UAS. However, irrespective of the applicability of subpart F, all UAS operated in the airspace of the United States would be subject to the operating requirements of the proposed rule. Accordingly, an amateur-built UAS that is fabricated and assembled without remote identification would be restricted to operating within an FAArecognized identification area in accordance with §§ 89.105(c) and 89.120. The FAA has chosen to exclude this category from the design and production requirements of this rule because builders of amateur-built UAS may not have the necessary technical knowledge, ability, or financial resources to design and produce a UAS that meets the minimum performance requirements proposed in this rule. Requiring amateur-built UAS to comply with the performance requirements proposed in this rule would place an undue burden on the builders of these UAS. The FAA expects that amateurbuilt UAS will represent a very small portion of the total number of UAS operating in the airspace of the United States. Nothing in this proposal would prevent a person from building a UAS E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules with remote identification for educational or recreational purposes. However, a person doing so would be subject to all of the requirements of subpart F, even if the UAS would otherwise be considered an amateurbuilt UAS. For example, an individual may wish to design and produce their own standard remote identification UAS for educational or other purposes, procuring parts and components from multiple vendors. Under the proposed § 89.501(c), this person would be required to meet the requirements of subpart F including using a means of compliance that meets the requirements of proposed § 89.310. The FAA is not proposing any restrictions on the sale, transfer of ownership, or lending of amateur-built UAS with or without remote identification to someone other than the person who originally built the UAS. For example, a person could lend his or her amateur-built UAS to another person on a temporary basis or sell it after he or she no longer intends to use it for personal operation. However, the new operators of such UAS would be required to comply with the applicable operating rules at all times, including the limitation to fly within an FAArecognized identification area if the amateur-built UAS does not have remote identification. The FAA anticipates that some UAS producers will wish to sell complete kits including all parts and instructions that would allow a person to assemble a fully functional UAS with remote identification. If the kit contains all the parts and instructions necessary to build a standard remote identification UAS or limited remote identification UAS, and the fully assembled UAS would meet the requirements of an FAA-accepted means of compliance, then the producer of the kit, not the person assembling the UAS from the kit, is considered the producer of the UAS and is subject to all of the design and production requirements of subpart F. A requirement for the owner to assemble some or all of the parts of a UAS fabricated by a particular company prior to flight would not turn that owner into a producer for purposes of subpart F when all the parts and instructions for assembly have been included for sale. The FAA requests comments about whether persons should be allowed to produce kits for sale that contain 100 percent of the parts and the instructions for assembly necessary to build a fully functioning UAS without remote identification capability. Once assembled, such UAS without remote identification would be required to either have the unmanned aircraft weigh VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 less than 0.55 pounds or operate only within an FAA-recognized identification area. UAS that are designed and produced for the purpose of aeronautical research or showing compliance with regulations would not be required to meet the production requirements of the rule. The FAA intends this exception to allow for testing of prototype UAS not intended for sale without the requirement that the producer meet all of the production requirements of the proposed rule. Any person operating a UAS under this exception would still need to receive authorization from the Administrator to operate the UAS in accordance with § 89.120. B. Requirement To Issue Serial Numbers The FAA is proposing in § 89.505 to require the person responsible for the production of standard remote identification UAS or limited remote identification UAS to issue a serial number to each unmanned aircraft that complies with the ANSI/CTA–2063–A serial number standard. The FAA is proposing to adopt ANSI/CTA–2063–A as the serial number standard to be used by producers of UAS, and seeks comments on this approach. The FAA believes the standard is appropriate because it enables the issuance of unique serial numbers to UAS and promotes worldwide standardization of UAS remote identification requirements: The European Commission recently issued rules adopting this standard.71 The FAA seeks specific comment regarding whether this standard can be effectively used as a serial number standard for unmanned aircraft other than small unmanned aircraft. 1. American National Standards Institute/Consumer Technology Association Standard 2063–A For the serial number, the FAA is proposing the use of American National Standards Institute/Consumer Technology Association standard 2063– A (ANSI/CTA–2063–A)—Small Unmanned Aerial Systems Serial Numbers (September 2019) for the format of the serial number. ANSI/CTA– 2063–A outlines the elements and characteristics of a serial number to be used by small UAS.72 The FAA is proposing the use of ANSI/CTA–2063– A as it has been specifically developed 71 Commission Delegated Regulation (EU) 2019/ 945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems. 72 ANSI/CTA–2063–A—Small Unmanned Aerial Systems Serial Numbers (September, 2019) available at https://www.cta.tech. PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 72481 to provide a format for small UAS serial numbers. It is the only widely available standard for these serial numbers. Use of ANSI/CTA–2063–A would provide a single accepted format for serial numbers, helping to ensure consistency in transmission of this message element. The FAA seeks feedback from UAS manufacturers who are assigning serial numbers in accordance with ANSI/ CTA–2063–A, including the type and number of UAS that the serial numbers are being assigned to. 2. Incorporation by Reference The FAA is proposing to incorporate ANSI/CTA–2063–A by reference. The Office of the Federal Register has regulations concerning incorporation by reference. These regulations require that, for a final rule, agencies must discuss in the preamble to the rule the way in which materials that the agency incorporates by reference are reasonably available to interested persons, and how interested persons can obtain the materials. Additionally, the preamble to the rule must summarize the material. Interested persons can view ANSI/ CTA–2063–A at https://www.cta.tech by creating a free account and searching under ‘‘Research and Standards’’. At the time of publication of this notice of proposed rulemaking, the ANSI/CTA– 2063–A standard is available for viewing and download free of charge. ANSI/CTA–2063–A is summarized in the immediately preceding section, 1. American National Standards Institute/ Consumer Technology Association Standard 2063–A. C. Requirement To Label UAS The FAA proposes in § 89.515 that persons responsible for the production of standard remote identification UAS and limited remote identification UAS label each UAS with an indication of its remote identification capability and whether it is a standard remote identification UAS or a limited remote identification UAS. The FAA envisions such labels would be useful to UAS operators, FAA inspectors, investigators, and law enforcement agencies by communicating the capabilities and restrictions of a particular unmanned aircraft with respect to remote identification. The label would be affixed to the unmanned aircraft and would provide a simple and efficient way to determine the UAS capabilities. The FAA is not proposing a prescriptive labeling requirement that specifies exactly how a producer would label an aircraft, what size font to use, where the label would have to be located, and so on. Due to the variety of UAS models that exist, such a prescriptive E:\FR\FM\31DEP2.SGM 31DEP2 72482 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules requirement would be unnecessarily limiting for UAS producers. Instead, a producer could label the aircraft by any means as long as the label is in English, legible, prominent, and permanently affixed to the unmanned aircraft. khammond on DSKJM1Z7X2PROD with PROPOSALS2 D. Requirement for a UAS To Be Designed and Produced Using an FAAAccepted Means of Compliance According to proposed § 89.510(a)(1) and (3), no person would be allowed to produce a standard remote identification UAS or a limited remote identification UAS unless the person obtains FAA acceptance of the declaration of compliance. The declaration of compliance would establish that the UAS meets the minimum performance requirements for standard remote identification UAS or limited remote identification UAS because it was produced in accordance with an FAA-accepted means of compliance (see § 89.405) that meets the minimum performance requirements for standard remote identification UAS or limited remote identification UAS. Further, § 89.510(a)(2) would require persons responsible for the production of UAS to meet all requirements of subpart F. E. Requirement To Submit a Declaration of Compliance The FAA is proposing in § 89.520 that a person responsible for the production of standard remote identification UAS and limited remote identification UAS be required to submit a declaration of compliance for acceptance by the FAA. The declaration of compliance would affirm that the UAS meets the minimum performance requirements for remote identification by meeting all aspects of an FAA-accepted means of compliance (e.g., a consensus standard) for UAS with remote identification equipment. The FAA would rely on the declaration of compliance to show that the UAS complied with the applicable remote identification requirements at the time the UAS was produced. The FAA would not consider a declaration of compliance under this proposed rule to be an airworthiness certification. UAS that are certified under the 14 CFR part 21 Airworthiness Certification processes may have other identification requirements in addition to those being proposed in this rule. 1. Information Required for a Declaration of Compliance Proposed § 89.520(b) lists the information that would be required to be included in a declaration of compliance submitted by a person responsible for the design or production VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 of a standard remote identification UAS or limited remote identification UAS. This information would make clear to the FAA if the producer has demonstrated compliance with the remote identification equipage requirements. The following information would be required in the declaration of compliance: (1) The name, physical address, telephone number, and email address of the person responsible for production of the UAS. (2) The UAS make and model name. (3) The UAS serial number, or the range of serial numbers for which the person responsible for production is declaring compliance. (4) The means of compliance used in the design and production of the UAS and whether the UAS is a standard remote identification UAS or a limited remote identification UAS. (5) Whether the declaration of compliance is an initial declaration or an amended declaration, and if the declaration of compliance is an amended declaration, the reason for the amendment. (6) A declaration that the person responsible for the production of the unmanned aircraft system can demonstrate that the UAS was designed and produced to meet the minimum performance requirements of § 89.310 or § 89.320 by using an FAA-accepted means of compliance. (7) A declaration that the producer complies with the inspection, audit, and notification requirements of § 89.510(b). (8) A declaration that the producer will perform independent audits on a recurring basis to demonstrate compliance with the requirements of subpart F of proposed part 89 and will provide the results of those audits to the FAA upon request. (9) A declaration that the producer will maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes the UAS to no longer meet the requirements of subpart F, within 15 calendar days of the date the person becomes aware of the defect or condition. The FAA invites comments on whether the previously discussed 15 calendar day notice period is appropriate for the public to gain awareness of any defect or condition that causes the UAS to no longer meet the requirements of subpart F. 2. Acceptance of a Declaration of Compliance As proposed in § 89.525, after a person submits a declaration of PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 compliance to the FAA, the Administrator would evaluate the declaration of compliance submitted and may request additional information (e.g., test results) or documentation, as needed, to supplement the declaration of compliance. The FAA would evaluate the declaration of compliance to ensure completeness and compliance with the requirements of § 89.520(b). After the FAA has finished its evaluation, the FAA would notify the submitter whether the declaration of compliance has been accepted or not accepted. The FAA would also notify the submitter if it determines the submitter has not provided sufficient evidence to demonstrate compliance. The FAA would also provide a list of accepted declarations of compliance at https:// www.faa.gov. 3. Rescission of FAA Acceptance of a Declaration of Compliance Pursuant to proposed § 89.530, a declaration of compliance would be subject to ongoing review by the Administrator. The FAA would notify a person responsible for the production of standard remote identification UAS or limited remote identification UAS if a non-compliance issue has been identified prior to initiating a proceeding to rescind its acceptance of a declaration of compliance. If the Administrator determines that it is in the public interest, prior to rescinding acceptance of a declaration of compliance, the Administrator could provide a reasonable period of time for the person holding the declaration of compliance to remediate the noncompliance. A failure to remediate the noncompliance would result in the rescission of FAA’s acceptance of the declaration of compliance. As part of the rescission process, the FAA would notify the person who submitted the declaration of compliance of its decision to rescind its acceptance by sending a letter of rescission to the email address on file for such person or entity. The FAA would also send a notice of rescission to the registered owners of unmanned aircraft listed under a declaration of compliance that is no longer accepted by the FAA. Additionally, the FAA would publish a notice of rescission in the Federal Register to provide notice of the rescission to all interested or affected parties, which include: (a) The person holding the FAA-accepted declaration of compliance and (b) the owners and operators of unmanned aircraft listed in the no longer accepted declaration of compliance. Lastly, the FAA would publish at https://www.faa.gov a list of E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 declarations of compliance that are no longer accepted. The FAA could rescind its acceptance of a declaration of compliance under circumstances including, but not limited to: (1) A standard remote identification UAS or a limited remote identification UAS listed under an accepted declaration of compliance does not meet the minimum performance requirements of § 89.310 for standard remote identification UAS or of § 89.320 for limited remote identification UAS. (2) A previously FAA-accepted declaration of compliance does not meet the requirements of subpart F of proposed part 89. (3) The FAA rescinds its acceptance of a means of compliance listed in a declaration of compliance. 4. Petition To Reconsider the Rescission of FAA Acceptance of a Declaration of Compliance The FAA proposes in § 89.530(b) to allow a person who submitted a declaration of compliance that is no longer accepted or any person adversely affected by the rescission of the Administrator’s acceptance of that declaration of compliance to petition for a reconsideration of the decision to rescind its acceptance by submitting a request to the FAA. For purposes of the reconsideration, those adversely affected by the rescission of the Administrator’s acceptance of a declaration of compliance includes the owners and operators of unmanned aircraft listed in the no longer accepted declaration of compliance. A request for reconsideration would be required to be submitted to the FAA within 60 calendar days of publication in the Federal Register of a notice of rescission. A petition to reconsider the rescission of the Administrator’s acceptance of a declaration of compliance would be required to show that the petitioner is an interested party and has been adversely affected by the decision of the FAA. The petition for reconsideration would be required to demonstrate at least one of the following: • The petitioner has a significant additional fact not previously presented to the FAA. • The Administrator made a material error of fact in the decision to rescind its acceptance of the declaration of compliance. • The Administrator did not correctly interpret a law, regulation, or precedent. If the FAA chooses to reinstate its acceptance of a declaration of compliance, it would indicate so by notifying the petitioner, and the person VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 who submitted the FAA-accepted declaration of compliance (if different). The FAA would also publish at https:// www.faa.gov a list of declarations of compliance that have been reinstated. 5. Record Retention The FAA is proposing in § 89.535 to require any person who submits a declaration of compliance to retain all of the following information for as long as the UAS listed on that declaration of compliance are produced plus an additional 24 calendar months: • The means of compliance, all documentation, and substantiating data related to the means of compliance used. • Records of all test results. • Any other information necessary to demonstrate compliance with the means of compliance so that the UAS meets the remote identification requirements and the design and production requirements of this part. The person submitting the declaration of compliance would be required to make the information available for inspection by the Administrator. F. Accountability After obtaining FAA acceptance of their declaration of compliance, the FAA expects persons responsible for the production of UAS to monitor all UAS produced under that declaration of compliance to ensure they comply with the remote identification requirements of the proposed rule. The FAA expects persons responsible for the production of UAS with remote identification to take remedial action whenever they become aware of a lack of compliance with the proposed design and production regulations. If the FAA suspects, or becomes aware of, a lack of compliance with any of the requirements of the proposed rule, the person responsible for the production of the standard remote identification UAS or limited remote identification UAS would be required to allow the Administrator to inspect any associated facilities, technical data, or any UAS produced, and to witness any tests necessary to determine compliance with part 89. In addition to any inspection that may be required by the Administrator from time to time, the person responsible for the production of UAS with remote identification would be responsible for performing independent audits on a recurring basis to ensure that the standard remote identification UAS or limited remote identification UAS continue to comply with the remote identification requirements of proposed part 89. The FAA is not proposing a specific PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 72483 timeframe for the independent audits. It expects that the person responsible for the production of the UAS would apply industry best practices to determine when and how often independent audits are needed. However, the FAA believes these audits would have to occur on a regular basis and as many times as necessary to ensure continuous compliance with the technical requirements of the proposed rule. Additionally, all audit reports would have to be retained and would have to be provided to the FAA upon request. The FAA requests comments regarding appropriate time intervals for conducting independent audits, including any time intervals specified in industry standards related to independent audits of aviation systems. As part of the independent audits, a person responsible for the production of UAS would be responsible for maintaining a product support and notification system and procedures to notify the public and the FAA of any defect or condition that may cause a standard remote identification UAS or limited remote identification UAS to no longer comply with the remote identification requirements of proposed part 89. To satisfy these obligations, persons responsible for the production of UAS would have to monitor their manufacturing processes, UAS operational usage to the extent the manufacturer has access to such information, and collection of accident and incident data. The FAA expects that as part of the monitoring process, producers would collect, analyze, and provide to the FAA any information that is furnished by the owners and operators of the UAS with remote identification. If the FAA identifies a safety issue that warrants review of a producer’s data, records, or facilities, the producers would have to grant the FAA access to such data, records, or facilities, and would have to provide all data and reports from the independent audits and investigations. XIV. Remote Identification UAS Service Suppliers The operating rules in subpart B of part 89 would require persons operating a standard remote identification UAS or limited remote identification UAS to transmit the remote identification message elements through an internet connection to an FAA-qualified Remote ID USS. The FAA intends to provide oversight of the Remote ID USS through contractual agreements and is therefore not proposing specific rules related to how the Remote ID USS offer services. This section provides background information so that persons operating E:\FR\FM\31DEP2.SGM 31DEP2 72484 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules standard remote identification UAS or limited remote identification UAS may understand what the FAA expects a Remote ID USS would be and how it would be required to provide services to be FAA-qualified. khammond on DSKJM1Z7X2PROD with PROPOSALS2 A. UAS Service Suppliers (USS) As the FAA looks to innovative solutions to develop UAS traffic management (UTM), the FAA is partnering with third parties referred to as UAS Service Suppliers (USS). This proposal defines a USS as any person (e.g., governmental or non-governmental entity) that is qualified by the Administrator to provide aviation related services to UAS. The FAA anticipates that some USS may choose to offer a suite of different services, while others may choose to specialize in one service. The FAA already has leveraged the USS concept successfully in the implementation of the Low Altitude Authorization and Notification Capability (LAANC).73 In qualifying a USS to be a LAANC service provider, the FAA uses its acquisition authority to enter into a Memorandum of Agreement (MOA) with the USS. All prospective USS go through an onboarding process to become qualified and agree to abide by a set of documented terms and conditions regarding the technical administration of the service and how it is administered to the public.74 See 49 U.S.C. 106(l) and (m). The LAANC USS are fully responsible for the development and operation of the software applications; the FAA does not provide payment for the development or operation of LAANC USS products or services. Congress affirmed the USS model for future UTM-related services in the FAA Reauthorization Act of 2018. Section 376 of Public Law 115–254 recommended that the FAA use the LAANC model of private sector participation in implementing future expanded UTM services. The FAA is proposing to use a similar strategy for remote identification. B. Remote ID USS A Remote ID USS would be a person or entity qualified by the FAA to provide remote identification services to UAS. A Remote ID USS would perform four primary functions: (1) Collect and store the remote identification message 73 LAANC automates significant portions of the application and approval process for airspace authorizations through an electronic data exchange with third party USS. 74 The terms and conditions the LAANC USS agree to be bound by are available at: https:// www.faa.gov/uas/programs_partnerships/uas_data_ exchange/industry/media/uss_operating_rules.pdf. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 elements; (2) provide identification services on behalf of the UAS operator and act as the UAS operator’s access point to identification services; (3) provide the FAA access to the remote identification information collected and stored upon request through a data connection that may be on-demand or a continuous connection depending on safety and security needs; and (4) inform the FAA when its services are active and inactive. Although a USS may be qualified as both a Remote ID USS and a LAANC USS, the services provided and the terms for providing each service would be independent from one another. Although the FAA anticipates that most Remote ID USS would offer their services to the general public, a Remote ID USS, such as an operator of multiple routine unmanned aircraft flights, may choose to provide remote identification services only for its own fleet. Additionally, the FAA expects that the majority of Remote ID USS would likely come from private industry; however, the FAA anticipates other Federal agencies may consider creating a Remote ID USS to manage their own flights. Although some Remote ID USS may choose to offer their services for free, Remote ID USS may have a variety of business models and may choose to require a subscription, payment, or personal information to access that Remote ID USS. The FAA does not propose to require a Remote ID USS be universally compatible with all UAS. That said, the FAA anticipates that some UAS manufacturers will also be Remote ID USS. In those cases, the Remote ID USS may choose to only connect to UAS made by the same manufacturer. This model is similar to how mobile telephone networks sell devices that can only be used on their networks. The FAA requests comment on whether manufacturers should be permitted to produce UAS that are only compatible with a particular Remote ID USS. Persons operating UAS with remote identification would be required to interact with a Remote ID USS. The FAA envisions that a UAS operator would connect to the Remote ID USS through the internet using a variety of different technologies, such as cellular phone applications, web-based interfaces, or other tools. The FAA expects some Remote ID USS may provide UAS operators with a session ID that would be used in place of the unmanned aircraft serial number to satisfy the UAS Identification message element requirement. Such Remote ID USS would be responsible for PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 generating (and maintaining) the session IDs. To ensure safety in the airspace of the United States, the FAA may require access to the remote identification message elements transmitted by UAS with remote identification to Remote ID USS. This request may take the form of an individual query or a continuous connection to the Remote ID USS. In addition, the FAA anticipates providing that information, to other airspace users, authorized Federal Government partners, and law enforcement entities as discussed in section XI of this preamble. Upon request, a Remote ID USS would be required to provide the FAA: (1) The near real-time remote identification message elements that meet the minimum message element performance requirements discussed in sections XII.C and XII.D.11 of this preamble; and (2) stored remote identification data. Under proposed § 89.135, the Administrator would contractually require that Remote ID 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 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 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. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 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 valueadded services. The FAA would not have access to information collected by Remote ID USS other than the remote identification information required by this rule. 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 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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. 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 FAArecognized 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. UAS with remote identification equipment that operate in or transit the airspace over FAA-recognized identification areas would be required PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 72485 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. 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 E:\FR\FM\31DEP2.SGM 31DEP2 72486 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 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 FAArecognized 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 requirements. The FAA is not proposing any additional or specific operating rules for operations within the bounds of FAA-recognized identification areas. khammond on DSKJM1Z7X2PROD with PROPOSALS2 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 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 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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. B. Process To Request an FAARecognized 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 FAArecognized 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 assistance and support in the development and operation of locally designated model aircraft flying sites. 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). PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 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: • 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 FAArecognized 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 FAArecognized 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 FAArecognized identification area for cause or upon a finding that the FAArecognized identification area may pose a risk to aviation safety, public 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 E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules misleading information during the submission, amendment, or renewal process. khammond on DSKJM1Z7X2PROD with PROPOSALS2 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 FAA-recognized 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. able to petition for reconsideration by submitting a request for reconsideration within 30 calendar days of the date of issuance of the termination. 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 FAArecognized 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-recognized identification area and that site would no longer be eligible to be an FAArecognized 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 FAA-recognized 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. 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. 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 F. Petition To Reconsider the FAA’s Decision To Terminate and FAARecognized Identification Area Under § 89.230(c), a person whose FAA-recognized identification area has been terminated by the FAA would be 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. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 72487 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 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 ADS–B In, if the ADS–B In equipment is manufactured and installed in accordance with FAA requirements and guidance.80 80 See E:\FR\FM\31DEP2.SGM Advisory Circulars 20–172B and 90–114A. 31DEP2 72488 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 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 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 FAA-recognized 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 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 24month 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: khammond on DSKJM1Z7X2PROD with PROPOSALS2 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). Serial number added to unmanned aircraft registration. Requirement to remotely identify (89.105) ............................................................... First day of the month following 24 months after the effective date. The serial number of any UA required to be registered must be listed on an FAAaccepted declaration of compliance or the UA can only be flown within an FAArecognized identification area (89.110(c)(1) and 89.115(c)(1)). Submit an application for establishment of an FAA-recognized identification area (89.210). The FAA believes that early compliance may benefit both industry and UAS operators and encourages VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 First day of the month following 36 months after the effective date. First day of the month following 36 months after the effective date. First day of the month following 12 months after the effective date. regulated parties to implement remote identification of UAS sooner than the compliance dates established in this PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 proposed rule. The FAA invites comments providing specific proposals and ideas on how to build an early E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 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. 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 persons operating UAS at FAArecognized identification areas under § 89.120. XIX. Regulatory Notices and Analyses Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act of 1979 (Pub. L. 96–39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). The FAA has provided a more detailed Preliminary Regulatory Impact Analysis of this proposed rule in the docket of this rulemaking. This portion of the preamble summarizes this analysis. In conducting these analyses, the FAA has determined that this proposed rule: (1) Has benefits that justify its costs; (2) is not an economically ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866; (3) will have a significant economic impact on a substantial number of small entities; (4) will not create unnecessary obstacles to the foreign commerce of the United States; and (5) will not impose an unfunded mandate on state, local, or tribal governments, or on the private sector by exceeding the threshold identified above. A. Regulatory Evaluation 1. Key Assumptions and Data Sources The FAA’s analysis of the proposed rule is based on findings from the Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee (UAS–ID ARC), as well as data and information from the FAA and industry stakeholders. The analysis for the regulatory evaluation is based on the following assumptions and data sources: A. Retrofits An important assumption used in this analysis involves the availability of retrofits. Based on information from PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 72489 UAS producers,81 part of the existing fleet of UAS could be retrofit to comply with remote identification requirements with relative ease and minimal cost (e.g., by a software update or ‘‘push’’ through the internet) and this could be achieved within the first year after the effective date of the final rule given the availability of FAA-accepted means of compliance.82 This would enable early compliance with remote identification for persons operating a portion of the existing UAS fleet and those UAS purchased during the proposal’s 24month period before compliance with production requirements. Based on industry information and market research, the FAA estimates at least 93% of the current part 107 fleet and at least 20% of the current recreational fleet would be eligible for retrofits, thus minimizing the costs for operators and producers.83 This is based on industry information suggesting that small UAS at a certain level of design specification and operational capability would likely have system and connectivity capabilities that could be retrofit through a software update. The FAA reviewed UAS registered to part 107 operators and found 93% of the existing part 107 UAS fleet may have technical capabilities to be retrofit based on information received by industry (i.e., could support software updates through internet).84 The FAA identified 81 The FAA received information from industry on the potential to retrofit during Executive Order 12866 meetings from September through December, 2019. Information from these meetings will be available in the docket of this rulemaking. Under Executive Order 12866, OIRA meets on regulatory actions with any interested party to discuss issues on a rule under review. Under OIRA procedures, the OIRA Administrator or his/her designee meets with outside parties during a review and the subject, date, and participants of the meeting are publicly disclosed on Reginfo.gov along with any written materials received from outside parties on rules under review (https://reginfo.gov/public/do/ eo/neweomeeting). 82 Producers of UAS with Remote ID, including those that retrofit, would be required to meet proposed performance standards using an FAAaccepted means of compliance for remote identification. 83 Assuming retrofits can be made under an FAAaccepted means of compliance, some producers would not need to delay compliance. Retrofits may indicate producers need less modification of existing UAS models to comply with the proposal. In addition, the availability of retrofits would minimize impacts for some operators of UAS purchased without remote identification equipment who would otherwise need to upgrade or buy a new UAS equipped for Remote ID, especially those operated under part 107 for commercial purposes that would not receive any commercial value or benefit from operating at an FAA-recognized identification area. 84 This is 93% of the part 107 ‘‘consumer’’ grade aircraft could be retrofit. Additionally, the FAA assumes the entire fleet of part 107 ‘‘professional’’ grade UAS could be retrofit. E:\FR\FM\31DEP2.SGM 31DEP2 72490 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules the top-10 registered aircraft by producer and researched registered model specifications online. The FAA found each of the registered models within this group had internet and Wi- Fi connectivity, ability to transmit data, receive software uploads, and had radio frequency transceivers, among other technology such as advanced microprocessors. Figure 1 provides the breakdown of manufacturers of registered part 107 UAS that could retrofit representing 93% of part 107 registered UAS fleet. FIGURE 1—PART 107 UNMANNED AIRCRAFT REGISTRATIONS BY MANUFACTURER UAS registrations— part 107 Producer/manufacturer DJI .............................................................................................................................. Intel ............................................................................................................................ Yuneec ....................................................................................................................... Parrot ......................................................................................................................... GoPro ......................................................................................................................... 3dr .............................................................................................................................. Holy Stone ................................................................................................................. Autel ........................................................................................................................... Hubsan ....................................................................................................................... Kespry ........................................................................................................................ Percent share of total 252,678 13,147 9,725 7,928 5,980 4,687 2,580 2,677 1,278 1,143 Cumulative percent share 78.1 4.1 3.0 2.5 1.8 1.4 0.8 0.8 0.4 0.4 78.1 82.2 85.2 87.7 89.5 91.0 91.8 92.6 93.0 93.3 Source: FAA, part 107 UAS Registrations, October 2019 point-in-time count. khammond on DSKJM1Z7X2PROD with PROPOSALS2 The FAA has limited information on the manufacturers and types of UAS in the recreation fleet because part 48 registration currently allows limited recreational flyers to register multiple small unmanned aircraft under a single Certificate of Aircraft Registration. However, published market information finds 36% of the North America fleet is manufactured by one producer (DJI) 85 that provided information to the FAA suggesting they could retrofit. The FAA estimates that about 20% of the recreational fleet is comprised of aircraft manufactured by DJI that could be retrofit. This estimate was developed by multiplying the combined part 107 and recreational unmanned aircraft fleet by 36%, and then subtracting DJI aircraft registered under part 107.86 Therefore, the FAA assumes UAS purchased in year 1 that are retrofit would allow the aircraft to ‘‘continue flying’’ under the limited or standard remote identification requirements after the compliance date of the final rule. UAS sold in year 1 that could not be 85 Source: 2017 Skylogic Research, a firm tracking the drone industry found 36% of the units sold in North America in the $500 to $1000 range are manufactured by DJI (https://www.vox.com/2017/4/ 14/14690576/drone-market-share-growth-charts-djiforecast). For purposes of this analysis, the 36 percent is used as a proxy for the share of DJI units in the U.S. fleet. 86 The FAA made the following calculations to estimate the portion of the modeler fleet that are DJI: (i) Multiplied the year 1 combined UAS sales forecast developed for the proposed rule by 36 percent to estimate the number of DJI units sold for recreational and part 107 purposes during year 1; (ii) Multiplied the year 1 part 107 sales forecast by 71% to estimate portion of part 107 sales that were DJI; and, (iii) Subtracted ‘‘b’’ from ‘‘a’’ to estimate year 1 recreational sales of DJI units. Based on these calculations, DJI recreational units sold in year 1 accounted for about 20% of the recreational units sold in year 1. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 retrofit would likely not meet the limited or standard remote identification requirements after year 3. Persons that own unmanned aircraft in this group of ‘‘legacy’’ UAS without remote identification equipment would have potential ‘‘loss of use’’ associated impacts since this proposal does not include grandfathering.87 The retrofit assumptions above were used in this analysis to estimate the effects of retrofits on the costs of the proposal and its compliance period. The FAA requests comments on the capability of retrofits to meet the proposed remote identification requirements. Specifically, the FAA requests information and data from producers of affected UAS in response to the following questions that can be used to inform this analysis. Please provide references and sources for information and data. • As a producer of UAS affected by this proposal, would you be able to retrofit your current UAS models to comply with the proposed rule given the availability of FAA-accepted means of compliance? • Do you have information that would assist in the early development of means of compliance that would be available for retrofits for the following scenarios a) before the effective date of the final rule, which is 60 days after the publication date of the final rule, and b) within one year after effective date of the final rule? 87 Persons operating UAS without remote identification equipment would always be required to operate within visual line of sight and within an FAA-recognized identification area. Persons operating UAS without remote identification equipment would need to travel and incur costs of operating within an FAA-recognized identification area. PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 • Would it be possible to retrofit by a software or firmware update through an internet download? • How would a retrofit solution meet the proposed tamper resistance and labelling requirements? Would a software push be able to meet requirements for tamper resistance or would it require hardware? How would you meet labelling requirements under a retrofit scenario (e.g., would you mail the label)? • Would retrofits meet the limited or standard remote identification requirements? • What are the costs of retrofits to the producer and the owner/operator? • In lieu of a software push through the internet, what other methods could producers use to facilitate retrofits (e.g., mail-in programs or physical retrofit drop-off locations)? • If retrofits are not an option for certain makes and models, would you offer operators ‘‘buy-back’’ or ‘‘trade-in’’ incentives to replace UAS without remote identification equipment? If so, please describe the incentive and the process. • The FAA also solicits comments on the capability of producers of UAS weighing greater than 55 pounds to retrofit aircraft to be compliant with remote identification requirements. B. Period of Analysis & Valuation of Impacts • The analysis uses 2019 constant dollars. Year 1 of the period of analysis, which would correlate with the effective date of the final rule, is used as the base year. • The FAA uses a ten-year time period of analysis to capture the effects E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules of the proposed compliance period and recurring effects of the proposed rule.88 • The analysis includes the proposed two-year phase-in period for compliance by persons responsible for the production of UAS from the effective date of the rule. Operators have one additional year beyond this compliance date to comply with the provisions of the final rule. • The FAA uses a three percent and seven percent discount rate to quantify present value costs and cost savings as prescribed by OMB in Circular A–4.89 C. Affected UAS Fleet/Characteristics khammond on DSKJM1Z7X2PROD with PROPOSALS2 • The analysis of costs and cost savings of this proposed rule are based on the fleet forecast for small unmanned aircraft as published in the FAA Aerospace Forecast 2019–2039.90 The forecast includes base, low, and high scenarios. The analysis provides a range of net impacts from low to high based on these forecast scenarios. The FAA considers the primary estimate of net impacts of the proposed rule to be the base scenario. • Based on the FAA fleet forecast for small unmanned aircraft, the FAA estimates the average number of aircraft owned by each part 107 operator to be 2.4 and the average number owned by each recreational flyer to be 1.4 aircraft. The FAA assumes the average lifespan for unmanned aircraft operated by these two groups is three years based on FAA research related to the its annual aerospace forecast, UAS registration information, information from recreational and model unmanned aircraft owners, and a review of literature.91 88 The FAA typically uses a five-year time period for Regulatory Impact Analysis of UAS rulemakings to align with historical and current FAA UAS Forecasts (see https://www.faa.gov/data_research/ aviation/aerospace_forecasts/media/Unmanned_ Aircraft_Systems.pdf). In addition, the FAA acknowledges uncertainty in estimating incremental impacts of this proposed rule beyond five years due to rapid changes in UAS technology and innovation. 89 OMB Circular A–4, Regulatory Analysis (2003), https://www.whitehouse.gov/sites/whitehouse.gov/ files/omb/circulars/A4/a-4.pdf. 90 FAA Aerospace Forecast Fiscal Years 2019– 2039 at 30–33, available at https://www.faa.gov/ data_research/aviation/aerospace_forecasts/media/ FY2019–39_FAA_Aerospace_Forecast.pdf 91 A review of articles and papers further supports an average three-year lifespan for a small UAS. The review found life expectancy is influenced by many factors, such as flight conditions, frequency of use, and quality of maintenance. Lifespan is also affected by rapid advances in technology, which can result in ‘‘planned obsolescence’’ of older UAS models due to manufacturers advancing new capabilities that drive consumer satisfaction and demand at additional costs. UAS lifespan is expected to last similar to other consumer electronics within the same price range. In the United States, smart phones are replaced after 32 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 • The FAA assumes members of a nationwide community based organization own, on average, two aircraft,92 which may have an average lifespan that exceeds ten years. As a result, members of a nationwide community-based organization may not incur the same pattern of maintenance and replacement costs as other recreational flyers.93 D. Producers (Manufacturers) • Based on the FAA part 48 unmanned aircraft registry, the FAA estimates that 83 percent of small unmanned aircraft sold in the United States are produced by foreign entities. • Each UAS producer will incur an estimated one-time cost of $313 for the purchase of a remote identification standard from a consensus standards body.94 • The FAA estimates that potentially as many as 157 U.S. and 324 foreign producers would submit a declaration of compliance for 313 U.S. and 787 foreign models of UAS for FAA acceptance by year 1 or 2 of the analysis period depending on their ability to retrofit.95 During each of the remaining years of months, on average, while laptops have an average lifespan of 2–4 years (see the 2018 NPD Mobile Connectivity Report; https://www.npd.com/wps/ portal/npd/us/news/press-releases/2018/theaverage-upgrade-cycle-of-a-smartphone-in-the-u-s-is-32-months---according-to-npd-connectedintelligence/). Other information published by the European Union Aviation Safety Agency (‘‘EASA’’; https://www.easa.europa.eu/sites/default/files/dfu/ GTF%20-%20Report_ Issue2.pdf#page=93&zoom=100,0,13. p.47), the Civil Aviation Authority of Israel (https:// en.globes.co.il/en/article-proposals-drawn-up-forregulating-drones-in-israel-1001270656), and academia (see for example, https://eng.fau.edu/ research/fmri/pdf/Y1R1-17_Final_figliozzi.pdf, p. 34), suggests the range is probably one year to three years, with EASA suggesting a span of one to four years. 92 The FAA has heard that the Academy of Model Aeronautics (AMA) has a membership of about 200,000 and each member has nine aircraft on average. This would equate to a 1,800,000 AMA Fleet. The FAA plans to reach out to the AMA to confirm the average number of unique aircraft owned by its members (i.e., an estimate adjusted for double-counting of shared aircraft that includes operational aircraft weighing more than 0.55 pounds) 93 Based on research of ownership trends and discussions with UAS enthusiasts, the FAA assumes that CBO members spend more money to purchase or build their model aircraft and to maintain their aircraft such that the aircraft last much longer than that of the ‘‘average’’ recreational flyer. Additionally, members of CBOs are expected to own more model aircraft, on average, compared to other recreational flyers. 94 https://my.rtca.org/nc__ store?category=a0L36000003g7jDEAQ. Accessed November 13, 2018. Average price for the 11 unmanned aircraft standards available at the RTCA website. The 11 standards range in price from $140 to $675 for an average of $313. 95 Based on analysis of the Association for Unmanned Vehicle Systems International (AUVSI) Unmanned Systems & Robotics Database. PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 72491 the analysis period, the FAA assumes an additional nine new producers would submit a declaration of compliance annually for one model of unmanned aircraft each, and nine new models will be produced by preexisting producers, for a total of eighteen new models of UAS annually.96 • The FAA assumes that five percent of the declarations of compliance submitted by persons responsible for the production of standard remote identification UAS and limited remote identification UAS to the FAA would not be accepted. The declaration of compliance would then be rewritten and resubmitted to the FAA for acceptance, and the FAA would accept the resubmission. • Producers will maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes the UAS to no longer meet the requirements of proposed part 89. E. Remote ID USS • The FAA estimates that ten entities will request to become Remote ID USS and nine of the entities will be approved by the FAA by the end of year 1 in the analysis period. For each of the nine remaining years of the analysis period, the FAA assumes one additional entity will request to become a Remote ID USS annually which will then be approved by the FAA.97 • Each Remote ID USS applicant will be required to submit an application package to the FAA requesting to become an FAA-qualified Remote ID USS. The FAA determines that each application package submitted will not exceed 40 pages 98 and will take the applicant 25 hours per page to complete at a fully burdened wage of $92.72 per hour (a fully burdened wage includes pay and benefits).99 96 Based on analysis of the Association for Unmanned Vehicle Systems International (AUVSI) Unmanned Systems & Robotics Database. 97 Source: FAA subject matter expert. 98 See Section 6.5 Application Package Specifics, page 8. (Source: https://www.faa.gov/uas/programs_ partnerships/data_exchange/laanc_for_industry/ media/FAA_USS_LAANC_Onboarding_ Process.pdf.) The FAA determines that the Remote ID USS applicant package will be more complex than the application package for LAANC. 99 Based on information from the regulatory analysis of the 2019 proposed rule, Operations of Small Unmanned Aircraft Systems Over People (https://www.regulations.gov/docket?D=FAA-20181087). The regulatory analysis estimated it would take a small UAS manufacturer 25 hours per page of representative activity to compile information, draft, review, and approve remote pilot operating instructions. This estimate is used as a proxy for the time required by a USS service provider applicant to complete each page of the application package submitted to the FAA. E:\FR\FM\31DEP2.SGM 31DEP2 72492 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules • The FAA assumes each entity operating a UAS would be required to subscribe to a Remote ID USS at a rate of $2.50 per month or $30 per year.100 Entities that operate UAS without remote identification may only operate within FAA-recognized identification areas and are not required to subscribe to a Remote ID USS. F. Other • The FAA assigns the United States Department of Transportation guidance on the hourly value of travel time savings for personal purposes (for limited recreational flyers only). This value is equal to $14.21 per hour and is applicable for the ten-year analysis period.101 • The FAA assumes that all Academy of Model Aeronautics (AMA) flying sites will submit requests to become FAArecognized identification areas, and that 90 percent of the requests will be approved. The remaining ten percent are assumed to be in sensitive areas and therefore will not be approved to become an FAA-recognized identification area. • The FAA estimates it will conduct 2,002 investigations of UAS incidents annually for each year of the analysis period and that each investigation will range between 1 and 40 hours.102 The FAA requests comments, with supporting documentation, on these assumptions. khammond on DSKJM1Z7X2PROD with PROPOSALS2 2. Benefits Summary The FAA is proposing to require the remote identification of UAS operating in the airspace of the United States. Remote identification of UAS provides situational awareness of operations conducted in the airspace of the United States, fosters accountability of the operators and owners of UAS, and improves the capabilities of the FAA and law enforcement to investigate and mitigate careless, hazardous, and noncompliant operations. The ability to know the location of UAS operating in the airspace of the United States, and to identify and locate their operators, creates a safer environment. This, in turn, enhances safety in air commerce 100 FAA review of subscription costs to USS for LAANC range from 0$ to $5 per month. The average of $2.50 is used for the regulatory analysis. In this analysis, the FAA assumes the subscription cost will be a flat rate and will not vary by the number of UAS operated by an entity. UAS service providers may charge additional fees for other services not related to this proposed rule. 101 Time savings is estimated to be median hourly wage plus benefits as described in the U.S. Department of Transportation Revised Departmental Guidance on Valuation of Travel Time in Economic Analysis (Sept. 27, 2016). 102 The FAA conducted 2,002 investigations in FY 2018. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 and the efficient use of the airspace of the United States. First and foremost, the implementation of these proposed remote identification requirements would allow the FAA, as well as law enforcement entities, to have access to new information to help them be better able to perform their responsibilities in protecting users of the airspace as well as people and property on the ground. Remote identification of UAS would enable the FAA, national security agencies, and law enforcement entities to have near real-time awareness of UAS users in the airspace of the United States. This information could be used to distinguish compliant operators from those potentially posing a safety or security risk. There has been an increase in UAS sightings near airports, some of which have caused travel disruptions and significant financial costs.103 While remote identification alone will not stop such occurrences, the FAA expects the duration of the event can be reduced by the remote identification capabilities in this proposed rule.104 London’s Gatwick Airport was closed due to unmanned aircraft sightings in July 2017 and again in December 2018. In July 2017, a spokesperson for the airport reported that operations were suspended twice in one day, for a period of nine minutes, and again for a period of five minutes. In the December 2018 incident, Gatwick was closed twice during the holiday travel rush, once for almost 36 hours as police worked to identify those operating unmanned aircraft in the area.105 The December closures affected approximately 150,000 passengers and 103 The FAA has been compiling a database of UAS sightings since November 2014. The database is compiled mostly from reports by pilots submitting statements of possible UAS sightings or encounters to the FAA’s air traffic control facilities, but it also contains reports submitted by the general public, law enforcement, air traffic controllers, and others. The reports typically involve sightings of UAS operating around airports or airborne manned aircraft. The FAA analyzed 7,285 records from the database for the 48-month period starting with January 2015 and going through December 2108. During this time, UAS sightings have increased almost two fold, going from about 100 reports per month to just under 200 reports per month. The FAA acknowledges that the data is often not sufficient for the FAA to conduct investigations, and that reported sightings could involve UAS operating in a safe and authorized manner. However, the increase in reported sightings is indicative of a proliferation of UAS operating in the airspace. 104 https://www.digitaljournal.com/tech-andscience/technology/q-a-recent-airport-shutdownsneed-drone-interdiction-technology/article/543680. Accessed February 26, 2019. 105 https://www.theguardian.com/uk-news/2018/ dec/21/gatwick-airport-reopens-limited-number-offlights-drone-disruption. Accessed February 26, 2019. PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 resulted in approximately 1,000 flight cancellations,106 which cost the airlines and the airport approximately $64.5 million 107 and $20 million, respectively.108 Flights at London Heathrow Airport were suspended in January 2019 after a sighting of an unmanned aircraft.109 The suspension of flights lasted approximately one hour. The Dubai International Airport experienced closures due to unauthorized unmanned aircraft activity in 2015, 2016, and 2019.110 In 2015, the unauthorized activity caused the airport to shut down for 55 minutes. In 2016, unauthorized UAS activity closed the airport three more times. Two of the closures lasted 30 minutes each, and one closure lasted for 115 minutes. Estimated losses for the three closures that occurred in 2016 totaled $16.6 million.111 During the airport’s most recent closure (February 2019), flight departures were suspended for 32 minutes. According to the Emirates Authority for Standardization and Metrology, airports in the United Arab Emirates suffer financial losses averaging $95,368 per minute due to unauthorized UAS activity. In the United States, New Jersey’s Newark Liberty International Airport experienced a closure in January 2019 after receiving two separate reports of a UAS sighting. The FAA reported that 43 flights were required to hold while nine flights were diverted during the event that lasted for 21 minutes.112 On February 21, 2019, flights at Dublin Airport in Ireland were delayed for 30 minutes due to unauthorized unmanned aircraft activity, and on March 22, Frankfurt International Airport 106 https://www.independent.co.uk/travel/newsand-advice/gatwick-drones-arrests-flight-delaycancelled-airport-christmas-travel-latest-updatea8695846.html. Accessed February 26, 2019. 107 https://fortune.com/2019/01/22/gatwick-droneclosure-cost/. Accessed February 26, 2019. Extrapolated from EasyJet’s announcement that it lost $19.3 million in revenue and customer welfare costs during the shutdown. EasyJet reported 400 flight cancellations, and that the incident affected 82,000 of their passengers, for whom it paid an average of $160.90. Accessed February 26, 2019. 108 https://www.independent.co.uk/travel/newsand-advice/gatwick-drone-airport-cost-easyjetrunway-security-passenger-cancellationa8739841.html. Accessed February 26, 2019. 109 https://www.thenational.ae/world/europe/ flights-briefly-stopped-at-heathrow-airport-overdrone-sighting-1.810964. Accessed February 26, 2019. 110 https://www.digitaljournal.com/tech-andscience/technology/q-a-recent-airport-shutdownsneed-drone-interdiction-technology/article/543680. 111 https://www.arabianbusiness.com/content/ 375851-drone-costs-100000-minute-loss-to-uaeairports. 112 https://www.reuters.com/article/us-usadrones/faa-details-impact-of-drone-sightings-onnewark-airport-idUSKCN1PH243. Accessed February 26, 2019. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 suspended operations for 29 minutes after an unmanned aircraft was spotted in the area.113 114 Frankfurt International Airport was closed again on May 9 for a period of 28 minutes due to a UAS sighting. The May 9 closure resulted in the cancellation of 143 departures with an additional 48 arrivals diverted to other airports.115 Currently, personnel that conduct law enforcement and compliance activities lack the ability to have near real-time awareness of UAS users in the airspace of the United States. These challenges are an impediment to the FAA’s mission of ensuring the safety of the airspace of the United States. For example, over 200 unmanned aircraft were detected in the no-fly-zone of the 2018 Albuquerque International Balloon Fiesta in spite of the FAA prohibition.116 This proposed rule could have aided the FAA to identify the operators of these unmanned aircraft. The FAA believes this proposed rule is crucial for the development of UTM, which would enhance the safety and efficiency of the airspace of the United States. The FAA is collaborating with other government agencies and industry stakeholders to develop UTM, which would be separate from, but complementary to, the ATM system. As of mid-December 2018, there were 1.27 million unmanned aircraft in the unmanned aircraft registry. This is over five times greater than the number of active manned aircraft registered with the FAA. While ADS–B is currently used to track manned aircraft and is mandated for manned aircraft in certain airspace after January 1, 2020, it was not designed to incorporate millions of unmanned aircraft on the same network. Instead, the FAA envisions a community-based traffic management system, where UAS operators have the responsibility to participate in a safe operating environment. This vision for UTM includes services for flight planning, communications, separation, and weather, among others. The FAA also believes remote identification would provide greater situational awareness of UAS operating in the airspace of the United States to other aircraft in the vicinity of those 113 https://dronelife.com/2019/02/22/flights-weregrounded-at-dublin-airport-after-another-dronesighting/. Accessed February 26, 2019. 114 https://www.ecnmag.com/news/2019/03/ drone-sightings-interrupt-germanys-frankfurtairport. 115 https://www.france24.com/en/20190509drone-sighting-briefly-grounds-flights-frankfurtairport. 116 https://www.krqe.com/news/balloon-fiesta/ hundreds-violate-faa-s-no-drone-fly-zone-atballoon-fiesta/1510662538. Accessed December 18, 2018. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 operations, and provide information to airport operators. Manned aircraft, especially those operating at low altitudes where UAS operations are anticipated to be the most prevalent, such as helicopters and agricultural aircraft, could carry the necessary equipment to display the location of UAS operating nearby. In addition, we expect towered airports will use remote identification information for situational awareness, especially for landing and takeoff operations. Further, an aircraft preparing to take off from a non-towered airport in Class G airspace may have access to greater information than is currently available. Remote identification is a key stepping stone to facilitating the ability to conduct BVLOS operations. While the FAA acknowledges remote identification of UAS does not, in and of itself, permit BVLOS operations, without remote identification of UAS, BVLOS operations on a large scale are not feasible. BVLOS operations are expected to replace riskier manned activities and to also create new economic opportunities. When UAS are transmitting and broadcasting, as appropriate, remote identification information, they are contributing to a cooperative operating environment which supports detect-and-avoid and aircraft-to-aircraft communication systems that could aid in unmanned aircraft collision avoidance. Remote identification would help enable these operations to occur on a routine basis, rather than through the waiver process. BVLOS operations enable entities to conduct activity which may otherwise be too expensive, too dangerous, or too impractical to carry out.117 For example, BVLOS operations allow unmanned aircraft to collect data at costs less than those incurred using the more traditional methods of manned aircraft or satellites.118 Cost savings from the use of unmanned aircraft for BVLOS operations is validated in a Precision Hawk case study. In this study, the costs of power line inspections using unmanned aircraft versus a manned helicopter were compared.119 In the electric utilities industry, high tension power lines must be inspected on a regular basis, and these inspections are typically performed with manned helicopters. While requirements and methodologies vary, helicopter inspection costs could range from $40 to 117 https://www.precisionhawk.com/beyondvisual-line-of-sight-bvlos-drone-operations/. Accessed December 19, 2018. 118 Ibid. 119 Ibid. PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 72493 $700 per mile.120 Conversely, utility companies operating UAS BVLOS could spend $10 to $25 per mile of inspection. Based on these costs, the Precision Hawk Study estimates a potential savings of approximately $9 million over a five-year period for a company that must inspect 10,000 miles of power lines per year.121 UAS remote identification and BVLOS operations would enable entities to conduct dangerous activities with unmanned aircraft. While UAS remote identification itself does not prevent accidents, accidents involving unmanned aircraft typically have a much lower threat to human life than do accidents involving manned aircraft. One example of an accident where injury could possibly have been prevented if a UAS was substituted for a manned aircraft was for a power line inspection near BWI Marshall Airport, MD Amtrak Rail Station. The helicopter used to perform the inspection crashed, resulting in injuries to the helicopter’s three occupants, and subsequently started a brush fire that resulted in a service interruption for Amtrak passengers travelling between Washington, DC,122 and Baltimore, Maryland. In May of 2018, a helicopter performing a routine transmission line inspection crashed in Louisiana when its landing gear became entangled in transmission lines. Of the three people on board the helicopter, one was killed, and the other two were injured.123 This loss of life could possibly have been prevented if the inspection had been conducted with a UAS instead of a manned helicopter. In addition to replacing manned aircraft for utility inspections, UAS can also eliminate the need for workers to climb to dangerous heights for inspection of power lines, cellular towers, and wind turbines.124 This proposed rule would assist government efforts to address illegal activity and protect national security. Criminal operations create a direct threat to national security and public safety and also pose severe hazards to safety in air commerce. Such risks are multiplied with the increasing sophistication of technology, the availability of UAS equipment, and the enabling of additional types of 120 Ibid. 121 Ibid. 122 https://baltimore.cbslocal.com/2016/04/16/ helicopter-crash-reported-near-bwi-airport/. Accessed December 19, 2018. 123 https://www.nola.com/traffic/index.ssf/2018/ 05/victims_in_fatal_boutte_helico.html. 124 https://www.powermag.com/using-drones-toincrease-net-safety-in-the-utility-sector/ ?pagenum=1. There are approximately 52,000 utility-scale wind turbines in the United States. E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72494 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules operations across the airspace of the United States. The FAA recognizes the increasing availability and potential use of UAS for illegal activities such as the carrying and smuggling of controlled substances, illicit drugs, and other payloads; the unlawful invasion of privacy; illegal surveillance and reconnaissance; the weaponization of UAS; sabotaging of critical infrastructure; property theft; disruption; and harassment. With this proposed rule, the FAA, first responders, and law enforcement officers would be able to more easily determine who is operating in the airspace and assist in identifying anomalies or dubious operations to determine whether action is warranted to ensure the safety and security of the airspace of the United States and the people on the ground. Safety and security enforcement can be extremely difficult absent a remote identification requirement that enables the prompt and accurate identification of UAS and their operators. Recently, there have been several instances of unmanned aircraft operating illegally in the areas of wildfires where the FAA typically implements temporary flight restrictions to support U.S. Forest Service activities. Aerial firefighting aircraft typically fly in smoky, windy, turbulent conditions, and unauthorized unmanned aircraft flights near a wildfire could cause injury or death to firefighters and pilots because firefighting aircraft typically fly at very low altitudes, which creates an environment for mid-air collisions.125 If unmanned aircraft are detected in an unauthorized area, firefighting aircraft could be grounded. The effects of lost aircraft flying time can be compounded by flames moving into untreated terrain, potentially threatening lives and property.126 The U.S. Department of Interior tracks private unauthorized unmanned aircraft incursions over wildland fires. In their first year of reporting (2014), there were two incursions of unauthorized unmanned aircraft over wildland fires. In 2015, the number of unauthorized unmanned aircraft incursions increased six-fold from the prior year to total 12 incursions.127 By 2016, there were 42 unauthorized unmanned aircraft 125 https://www.usda.gov/media/blog/2016/08/ 10/unauthorized-drones-near-wildfire-can-costand-kill. Accessed December 21, 2018. 126 https://www.usda.gov/media/blog/2016/08/ 10/unauthorized-drones-near-wildfire-can-costand-kill. Accessed December 21, 2018. 127 https://www.doi.gov/pressreleases/interiorexpands-information-sharing-initiative-preventdrone-incursions. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 incursions over wildland fires.128 Of these 42 incursions, 12 resulted in delays of aerial support to firefighters, and several incursions resulted in fire suppression aviators taking evasive action to avoid collisions with unmanned aircraft. During 2017, aerial wildland firefighting efforts ceased 25 times due to unauthorized unmanned aircraft incursions.129 The most recent report published by the U.S. Department of Interior (August of 2018) shows that firefighting efforts were impacted 15 times due to unauthorized unmanned aircraft incursions over wildland fires.130 Delaying firefighting missions creates significant costs and can also delay transportation of firefighters to different locations.131 During the Lake Fire in California’s San Bernardino County in 2015, three planes carrying flame retardant were prevented from dropping their cargo due to interference from a private unmanned aircraft operating in the vicinity and contrary to rules.132 One aircraft was able to drop its retardant on a different fire, but the other two aircraft had to jettison retardant because they would not be able to land otherwise due to aircraft weight. Officials stated that the failed mission cost between $10,000 and $15,000. Similarly, a State senator from Utah stated that costs for fighting a fire 300 miles south of Salt Lake City would have been lower instead of actual costs of over $10 million if five unmanned aircraft flights had not interfered with firefighting efforts.133 Likewise, in the Pinal Fire (Arizona) that occurred during May of 2017, at least four separate incidents involving unauthorized unmanned aircraft hindered firefighting operations.134 Each of the four incidents involved recreational users. In one of the incidents, an air tanker flying over the fire was forced to release its retardant at a higher altitude for safety reasons, which reduced the retardant’s 128 Ibid. 129 https://www.firehouse.com/tech-comm/ drones/article/12396869/the-lovehate-relationshipbetween-drones-wildland-firefighters. Accessed December 18, 2018. 130 https://www.doi.gov/sites/doi.gov/files/ uploads/2018_wildland_fire_incursion_events_of_ unauthorized_uas.pdf. 131 https://www.doi.gov/sites/doi.gov/files/ uploads/2018_wildland_fire_incursion_events_of_ unauthorized_uas.pdf. 132 https://arstechnica.com/tech-policy/2015/06/ drone-flying-over-forest-fire-diverts-planes-costs-usforest-service-10k/. Accessed December 21, 2018. 133 https://apnews.com/0e8053dc251 f4efbacbd249f3aa8573c. Accessed December 21, 2018. 134 https://wildfiretoday.com/2017/05/26/dronesinterfere-with-aviation-operations-on-pinal-fire/. PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 effectiveness for smothering fire. Likewise, unmanned aircraft disrupting fire-fighting efforts at the Lightner Creek Fire (Colorado) in 2017 resulted in two air tankers jettisoning 1,600 gallons of retardant at a cost of approximately $8,000 to $10,000.135 Lastly, during the Pole Creek Fire (Utah) during October of 2018, all firefighting aircraft in the area were grounded, as well as three helicopters that had been supporting ground crews, due to unmanned aircraft flying in airspace with a temporary flight restriction.136 In addition to the remote ID requirements of this proposed rule, this rulemaking proposes that recreational flyers have a single Certificate of Aircraft Registration for each unmanned aircraft operated. Currently, the FAA does not have aircraft-specific data for aircraft operated by recreational flyers. This means that the FAA does not have a data set that includes the serial numbers of all unmanned aircraft registered under part 48, and thus cannot correlate the registration data to the remote identification data which would be transmitted and broadcast, as appropriate, by unmanned aircraft under the proposed rule. Similarly, the FAA is proposing to allow a person to operate foreign-registered civil unmanned aircraft in the United States only if the person submits a notice of identification to the Administrator. These registration and notification requirements are the foundation for both identifying aircraft and for promoting accountability and the safe and efficient use of the airspace of the United States. The lack of aircraft-specific data inhibits the FAA and law enforcement agencies from correlating the remote identification data proposed in this rule with operators of unmanned aircraft. Conclusion The FAA expects this proposed rule will result in several important benefits and enhancements to support the safe integration of expanded UAS operations in the airspace of the United States. The proposal would provide situational awareness of UAS operations to other aircraft and airport operators. The proposed rule would provide information to distinguish compliant UAS users from those potentially posing a safety or security risk. The followingtable summarizes the benefits of the proposed rule. 135 https://durangoherald.com/articles/169962 136 https://universe.byu.edu/2018/09/21/ firefighters-make-headway-fighting-pole-creek-baldmountain-fires-1/ 137 ‘‘Because these operations have a potential impact on public safety and national security, the FAA does not intend to promulgate a final rule to E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 72495 TABLE 6—SUMMARY OF BENEFITS OF PROPOSED RULE Safety and Security ......................... Enables Expanded Operations and UAS Integration. • Provides situational awareness of UAS flying in the airspace of the United States to other aircraft in the vicinity of those operations and airport operators. • Provides information to distinguish compliant UAS users from those potentially posing a safety or security risk. • Enables the FAA, national security agencies, and law enforcement entities to obtain situational awareness of UAS in the airspace of the United States in near real-time. • Provides additional registration and notification requirements for identifying aircraft and promoting accountability and the safe and efficient use of the airspace of the United States. • Assists in the implementation of operations of small UAS over people and at night. A final rule for operation of small UAS over people and at night is contingent upon a final action for UAS with remote identification being effective.137 • Provides UAS-specific data to facilitate future, more advanced operational capabilities, such as detectand-avoid and aircraft-to-aircraft communications that support beyond visual line of sight (BVLOS) operations. • Provides UAS-specific data contributing to a comprehensive UAS traffic management (UTM) system that would facilitate the safe expansion of operations. In addition, the proposed rule provides flexibility through minimum performance requirements that would accommodate future innovation and improve the efficiency of UAS operations. The proposal also does not preclude early compliance for producers or operators to realize earlier expanded operations and commercial opportunities. 3. Cost and Savings Summary UAS owners, operators, and producers, as well as Remote ID USS and developers of remote identification means of compliance, would play important roles in the remote identification of UAS. The following subsections summarize costs and cost savings by affected groups within the scope of the proposed rule. khammond on DSKJM1Z7X2PROD with PROPOSALS2 i. UAS Owners and Operators Registration Provisions The FAA is proposing to require the owners of UAS to register under part 47 or part 48 and to provide the serial number of the unmanned aircraft, unless the aircraft is specifically excepted from registration. If an unmanned aircraft is currently registered, its owner would be required to update the aircraft’s registration to include the serial number by the compliance date of the final rule or the first registration renewal after a rule becomes effective, whichever is earlier. Part 48 currently requires that registration of aircraft operated under part 107 include the make, model, and serial number, if available, of the aircraft as part of the aircraft registration. Since allow these operations until a regulation finalizes the requirements regarding remote identification of small UAS.’’ Safe and Secure Operations of Small Unmanned Aircraft Systems, Advance Notice of Proposed Rulemaking, February 13, 2019 (84 FR 3732). VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 regulations require these registrations to be renewed every three years, and the compliance date for the requirement to include the make, model, and serial number is 36 months after the effective date of the final rule, some owners of registered aircraft operated under part 107 would not incur additional costs. Likewise, unmanned aircraft registering under part 47 are currently required to include make, model, and serial number, so some owners of these aircraft would not incur additional costs as well. However, a portion of the part 107 fleet will be replaced early as a result of the proposed one-year operational compliance period, which will trigger the requirement to register the new aircraft at a time earlier than would otherwise have been. The 10-year present value incremental cost incurred for registering new aircraft is about $0.03 million at a three percent discount rate and $0.02 million at a seven percent discount rate. The incremental annualized costs are about $0.003 million at either a three percent or seven percent discount rate. The FAA also proposes to revise the registration requirements in part 48 to remove the provisions that allow small unmanned aircraft to register as model aircraft under a single Certificate of Aircraft Registration and to require the individual registration of each aircraft, regardless of its intended use.138 This means that every small unmanned aircraft registered under part 48 would need to have its own Certificate of Aircraft Registration. The FAA estimates additional costs for recreational flyers to amend the part 48 aircraft registry to register each unmanned aircraft owned and update each individual registration to include make, model, and serial number. The FAA estimates the 10-year present value costs to affected recreational flyers is about $1.1 million at a three percent discount rate and about $0.89 million at a seven percent discount rate. The incremental annualized costs are about $0.13 million at either a three percent or seven percent discount rate. Recreational flyers will also be required to pay a $5 registration fee to the FAA for each additional aircraft registered. Government fees and taxes are considered transfer payments per OMB Circular A–4 and are not considered a societal cost. These transfers are reported separately from the costs of this proposed rule.139 Over the 10-year period of analysis, the present value of incremental fees paid by recreational flyers for registration of additional aircraft totals $8.1 million at a three percent discount rate and $6.6 million at a seven percent discount rate. The annualized fees are about $1 million at either a three percent or seven percent discount rate. 138 This proposal uses the term ‘‘limited recreational operations’’ when discussing registration requirements under part 48. Part 48 uses the term ‘‘model aircraft’’ to describe recreational UAS operations. The FAA considers that model aircraft under part 48 are consistent with the ‘‘limited recreational operations’’ described in 49 U.S.C. 44809, therefore ‘‘limited recreational operations’’ has been used throughout to ensure consistency of terminology with current statutory requirements. 139 See the ‘‘Separate Reporting of Transfers’’ per OMB Circular A–4 (https://www.whitehouse.gov/ sites/whitehouse.gov/files/omb/circulars/A4/a4.pdf). PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 Effects of Retrofits and One Year Operational Compliance The proposed rule would require persons responsible for the production of standard remote identification UAS or limited remote identification UAS to provide UAS with remote identification two years after the effective date of the final rule. Operators of UAS would have E:\FR\FM\31DEP2.SGM 31DEP2 72496 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules one additional year beyond the production compliance date to begin using UAS with remote identification.140 The exception is for operators of UAS without remote identification. The FAA determined this affected group could fly UAS without remote identification at FAA-recognized identification areas. Under the proposed construct, any person (e.g., a limited recreational flyer) who flies exclusively at FAA-recognized identification areas could use a UAS without remote identification. As previously discussed in the ‘‘Key Assumptions and Data Sources’’ section, during the development of this rulemaking the FAA received information from industry suggesting part of the existing fleet of UAS can be retrofit to comply with remote identification requirements (e.g., by a software update or ‘‘push’’ through the internet) and this could be achieved within the first year after the effective date of the final rule given the availability of FAA-accepted means of compliance. The FAA estimates at least 93% of the current part 107 fleet and at least 20% of the current recreational fleet would be eligible for retrofits. Besides reducing costs, retrofits would enable early compliance with remote identification for persons operating a portion of the existing UAS fleet and those UAS purchased during the proposal’s 24-month period before compliance with proposed production requirements. For example, retrofits of UAS purchased in year 1 of the analysis period would enable them to be operated for their entire lifespan (i.e., one year after the three year full compliance date of the proposal).141 Therefore, the group of retrofit UAS used in this analysis are based on the following assumptions: (1) These UAS are purchased during year 1 of the analysis period and have a lifespan of three years; (2) the producers of these UAS have identified an FAA-accepted means of compliance for remote identification that can be used for retrofits during year 1 of the analysis period; and, (3) these UAS are capable of being retrofit with relative ease, little downtime from operations, and at minimal costs for at least 93% of the UAS in the part 107 fleet and at least 20% of the UAS in the recreational fleet purchased in year 1. Without the availability of retrofits, UAS purchased during year 1 would not be equipped with Remote Id and therefore grounded in year 4. As a result of the proposed compliance period for UAS operators and the potential for retrofits, a portion of about 7% of the UAS in the part 107 fleet and 80% of the UAS in the recreational fleet purchased in year 1 of the analysis would not be compliant with the proposal in year 4 of the analysis (after the full compliance date) and would effectively become obsolete prior to the end of useful life.142 The FAA uses a straight line depreciation method to estimate a measure of expense or cost to part 107 operators and recreational flyers for early replacement of UAS as a result of the proposed compliance period.143 In the case of the part 107 operators, this measure of depreciation represents the cost to entities for an early outlay of funds for replacing UAS with remaining useful life.144 For the recreational flyers, the estimate is used as a proxy for the opportunity cost for loss of use of UAS with remaining useful life. The estimated straight-line depreciation is based on average UAS purchase prices of $2,500 for the part 107 consumer fleet and about $114 for the fleet of UAS flown by recreational flyers. For each of these categories, the purchase price is spread equally across 36 months to estimate the monthly depreciation expense (36 months is the lifespan of a small UAS).145 146 The early depreciation expense is only applicable to the portion of the UAS fleet purchased in year 1 of the analysis period, as this group of UAS will be grounded due to the proposed rule’s requirement that all UAS have remote identification by the end of year 3 of the analysis period. Therefore, some of the UAS purchased in year 1 will lose up to one year of useful life (and correspondingly up to one year of depreciation expense).147 The following table presents loss of use quantified as depreciation loss for year 4.148 TABLE 7—COST IMPACT OF PROPOSED OPERATIONAL COMPLIANCE PERIOD, LOSS OF USE QUANTIFIED AS DEPRECIATION EXPENSE [$ millions] Number of UAS sold in year 1 Affected UAS fleet khammond on DSKJM1Z7X2PROD with PROPOSALS2 Pt 107—Consumer ................................................................................................................. 140 After the proposed full compliance date of 36months past the effective date of the final rule, UAS without remote identification that weigh more than 0.55 pounds may only be operated at FAArecognized identification areas. 141 This analysis uses an average three year lifespan for affected UAS (not including those UAS operated by members of community based organizations that fly exclusively within FAArecognized identification areas, see the ‘‘Key Assumptions and Data Sources’’ section above). Based on the three year lifespan and the proposed 36-month full compliance period, affected UAS purchased in year 1 of the analysis period, or 12 months after the effective date of the final rule, would be effectively grounded in year 4 of the analysis unless retrofit. 142 This equates to eighteen percent of the overall affected UAS fleet in year 4 would likely be replaced prior to the end of useful life. This excludes UAS that are flown by members of CBO, since the FAA assumes this affected group would fly UAS at FAA-recognized identification areas. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 143 The straight line depreciation method is a common default method of depreciation that is calculated by dividing the difference between an asset’s cost and its expected salvage value by the number of years it is expected to be used (https:// corporatefinanceinstitute.com/resources/ knowledge/accounting/straight-line-depreciation/ or https://www.investopedia.com/terms/s/straight linebasis.asp). 144 The FAA uses this depreciation analysis as a means to measure lost utility or useful life of UAS due to the proposed compliance period. However, these estimates may be offset through tax savings. Companies and other entities may use depreciation expenses to generate tax savings, which is a transfer effect that might reduce the impact on companies, but not reduce the social costs of the rule. U.S. tax rules allow depreciation expenses to be used as tax deductions against revenue in arriving at taxable income. The higher the depreciation expense, the lower the taxable income and the greater the tax savings. 145 Page 47 of The FAA Aerospace Fleet Forecast FY 2019–2039 identifies cost for consumer UAS. PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 12,489 Depreciation expense (units sold in year 1) * *$4.8 The estimated average purchase price for UAS used by limited recreational operators is based on research of UAS used by hobbyists. The monthly depreciation expense for consumer UAS and limited recreational UAS is $69.44 and $3.16, respectively. 146 Annual UAS sales are spread evenly over a 12month period to estimate monthly sales. 147 For ease of calculation, sales of UAS are presumed to occur on the first day of the month. Therefore, units sold in January of year 1 of the analysis period are fully depreciated by December of year 3 and thus there is no loss of useful life; units sold in February of year 1 lose one month of useful life (which is January of year 4); units sold in March of year 1 lose two months of useful life (which are Jan-Feb of Year 4); units sold in April of year 1 lose three months of useful life (which are Jan-Mar of year 4); etc. 148 See the Regulatory Impact Analysis for this proposed rulemaking for the derivation of these estimates. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 72497 TABLE 7—COST IMPACT OF PROPOSED OPERATIONAL COMPLIANCE PERIOD, LOSS OF USE QUANTIFIED AS DEPRECIATION EXPENSE—Continued [$ millions] Number of UAS sold in year 1 Affected UAS fleet Depreciation expense (units sold in year 1) * Recreational ............................................................................................................................ 299,252 5.2 Undiscounted Total ................................................................................................................. 3% PV ..................................................................................................................................... 7% PV ..................................................................................................................................... ........................................ ........................................ ........................................ 10.0 8.9 7.6 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Table notes: (i) Row and column totals may not sum due to rounding. (ii) Affected UAS will be depreciated for a period of one to eleven months, depending on the month of purchase. ii. Remote ID USS Subscription Fee addition, standard remote identification UAS would also be required to broadcast the same message elements directly from the unmanned aircraft. UAS that are unable to comply with the requirements for standard remote identification UAS or limited remote identification UAS would be required to operate exclusively within an FAArecognized identification area. The FAA does not intend to provide remote identification services to UAS operators, but instead would enter into MOAs with Remote ID USS in a manner similar to LAANC USS. The FAA anticipates that UAS operators would subscribe to a Remote ID USS and then connect to the internet using their existing internet service provider. Based on the LAANC USS business model,149 the subscription to a Remote ID USS may range in cost from $0 to $5 per month, per operator, for a midpoint of $2.50 per month.150 For purposes of this regulatory evaluation, the FAA determines that each operator of a standard remote identification UAS or limited remote identification UAS would be required to subscribe to a Remote ID USS at a fee of $2.50 per month. Based on the compliance dates for this rulemaking, the FAA determines that an app to connect standard remote identification UAS and limited remote identification UAS to a Remote ID USS would be available at the start of year 2 of the analysis period. The number of new and renewed Remote ID USS subscriptions is approximately 3.1 million for part 107 operators and 5.7 million for recreational flyers. The present value cost of subscriptions to affected UAS operators totals $242 million at a three percent discount rate The FAA is proposing that three years following the effective date of a final rule, standard remote identification UAS and limited remote identification UAS would be required to transmit remote identification messages through the internet to a Remote ID USS. In 149 The selection process for LAANC providers is approximately 10 months. https://www.faa.gov/ news/updates/?newsId=93047&omniRss=news_ updatesAoc&cid=101_N_U. 150 The cost of $0 to $5 is based on an internet search of LAANC USS providers. LAANC USS also provide services through apps, such as AirMap and Kittyhawk. The present value cost impact of the loss of UAS use for operators is $8.9 million at a three percent discount rate and $7.6 million at a seven percent discount rate. The annualized cost impact of loss of use is about $1 million at either a three percent or seven percent discount rate. If the estimated level of retrofits are possible, then this impact represents only about two percent of the total costs of the proposed rule. If fewer retrofits are possible, then costs related to the loss of UAS use for operators would increase proportional to the number of retrofits available by model and share of the model in the fleet. The FAA believes this cost impact is justified in order to reduce the delay for law enforcement, security partners, the FAA, and airports to use remote ID information. The FAA considered allowing three years beyond the producer compliance date for owners and operators to comply with the remote identification requirements of this proposed rule in the ‘‘Alternatives Considered’’ section. This period of time coincides with the three-year lifespan of a small UAS and would have prevented costly grounding or replacement of UAS prior to the end of useful life. However, the FAA determined that the three-year compliance period was less preferable, because it prolonged safety and security risks to air traffic and airports by delaying the ability of law enforcement personnel to identify unauthorized UAS operations. To reduce the delay in implementing remote identification, the operational compliance period was reduced from three years to one year. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 and $192 million at a seven percent discount rate. The annualized costs of the subscriptions is about $28 million at either a three percent or seven percent discount rate. The FAA notes that the $2.50 subscription fee could be considered a transfer payment that is representative of the cost for Remote ID USS to provide remote identification services. iii. UAS Producers For each UAS designed and produced for operation in the United States, the producer (with limited exceptions included in the proposal) would be required to: • Produce the UAS in accordance with the minimum performance requirements of the proposed rule using an FAA-accepted means of compliance; • Issue each unmanned aircraft a serial number that complies with the ANSI/CTA–2063–A serial number standard; • Label the unmanned aircraft to indicate that it is remote identificationcompliant and indicate whether the UAS is a standard remote identification UAS or limited remote identification UAS; and, • Submit a declaration of compliance for acceptance by the FAA, declaring that the UAS complies with the minimum performance requirements of the proposed rule. As discussed in this preamble, the FAA would require persons responsible for the production of standard remote identification UAS and limited remote identification UAS to comply with the minimum performance requirements of the proposed rule using an FAAaccepted means of compliance and would require the person to issue serial numbers that comply with the ANSI/ CTA–2063–A serial number standard. Presently, an FAA-accepted means of compliance for UAS remote identification does not exist, but the FAA is aware of UAS remote identification standards being developed. The FAA estimates the cost E:\FR\FM\31DEP2.SGM 31DEP2 72498 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 to each producer to obtain a copy of a standard that could be an FAA-accepted means of compliance for remote identification to be $313.151 It is anticipated that a standard for means of compliance for remote identification may not be available until year 2 of the analysis period 152, and during this year, the FAA estimates 157 U.S. producers and 324 foreign producers would purchase the standard to be used as an FAA-accepted means of compliance.153 For the remaining years of the analysis period, the FAA estimates three additional U.S. producers and six additional foreign producers would enter the market annually and would also incur the cost to purchase a means of compliance. The proposed rule would require a person responsible for the production of standard remote identification UAS or limited remote identification UAS to label the UAS to show that it was produced with remote identification technology capable of meeting the proposed rule. The label must be in English and be legible, prominent, and permanently affixed to the unmanned aircraft. The proposed labeling requirement would assist the person manipulating the flight controls of the UAS to know that his or her UAS is eligible to conduct operations within the airspace of the United States. The proposed labeling requirement would also assist the FAA in its oversight role because it provides an efficient means for an inspector to determine whether a UAS meets the requirements of the proposed rule. The FAA estimates that it would take twenty hours to design a label for each model of aircraft produced. The costs would begin in year 2 of the analysis period at which time the FAA estimates 313 U.S. models of aircraft and 787 models of foreign aircraft would require labeling.154 For the remainder of the analysis period, an additional eighteen models of U.S. and foreign produced aircraft would require labeling design on an annual basis. 151 https://my.rtca.org/nc__store?category= a0L36000003g7jDEAQ. Accessed November 13, 2018. Average price for the 11 unmanned aircraft standards available at the RTCA website. The 11 standards range in price from $140 to $675 for an average of $313. 152 Noting the potential for earlier compliance and retrofits, the FAA may adjust its analysis of costs associated with available means of compliance for the final rule based on information received during the comment period. 153 Based on AUVSI Unmanned Systems & Robotics Database for Air Platforms (Association for Unmanned Vehicle Systems International). 154 Based on AUVSI Unmanned Systems & Robotics Database for Air Platforms. (Association for Unmanned Vehicle Systems International. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Over the 10-year period of analysis, the present value costs to producers for labeling is about $2.0 million at a three percent discount rate and $1.7 million at a seven percent discount rate. The proposed rule would require the producers of UAS to submit a DOC to the FAA identifying the means of compliance used to determine that the UAS meets the applicable performance requirements. The FAA would rely on a producer’s DOC to ensure that the make and model of UAS is compliant with the proposed requirements at the time of manufacture. The FAA estimates that the test report and/or substantiating data for the DOC would average 50 pages and would take five hours per page to generate. The five hours consists of one hour for documenting results and four hours for performing tests that demonstrate compliance with the remote identification equipage requirements.155 For this analysis, the FAA assumes that five percent of DOCs would not be accepted and have to be resubmitted, possibly with updated analysis, for acceptance. The FAA also assumes that after a producer rewrites and resubmits a DOC, the FAA would accept the revised DOC. The proposed rule requires manufacturers to retain a test report or any other substantiating data that supports their DOC. In total, estimated costs over the tenyear period of analysis for producers to perform tests and generate substantiating data to support their DOC is approximately $25.2 million at a present value discount rate of three percent and $22.9 million at a present value discount rate of seven percent. Annualized costs at a three percent discount rate and a seven percent discount rate are approximately $3 million. Any producer of a UAS with remote identification will be required to submit a one-page DOC form to the FAA to affirm that the UAS meets the performance requirements and was designed and produced using an FAAaccepted means of compliance for UAS with remote identification.156 The time required to complete the form and submit it through an FAA web portal is estimated to be 15 minutes at a cost of $20.73 per model.157 In addition to the 15 minutes for submitting the DOC form, there is an additional 19.75 hours expended by multiple levels of a producer’s organization for the purpose of review and quality checking. The cost to submit a declaration of compliance occurs largely in year 2 of the analysis period so that UAS producers are able to manufacture inventory with remote identification for availability to operators beginning with year 3 of the analysis period. Producers would incur additional costs for submitting a declaration of compliance during years 3 through 10 of the proposed rule as they design new models of UAS. The FAA assumes that five percent of the submissions will not be accepted initially, but will then be resubmitted and accepted by the FAA. Over the 10-year period of analysis, the present value costs to producers for submitting the declaration of compliance form is about $27.2 million at a three percent discount rate or $24.8 million at a seven percent discount rate for annualized costs of approximately $3.5 million and 3.2 million, respectively. Beginning in year 3 of the analysis period, producers would be required to provide UAS with remote identification.158 Standard remote identification UAS would be required to transmit message elements through the internet to a Remote ID USS and to broadcast the same message elements directly from the unmanned aircraft. Limited remote identification UAS would be required to be designed and produced such that the aircraft can operate no more than 400 feet from the control station and cannot broadcast remote identification message elements. The FAA estimates the incremental cost to a producer of standard remote identification UAS would include the cost of a computer chip for broadcasting the remote identification message elements ($5) and a cost to make the remote identification equipment tamper 155 The report length is equivalent to the report generated in NOS for the DOC. It is used as a proxy for the report that producers will generate to substantiate compliance with remote ID requirements. 156 The time allotted in the FAA information collection related to the registration of small unmanned aircraft is used as a proxy to estimate the cost to producers for submitting a declaration of compliance for remote identification. In the Registration of Small Unmanned Aircraft information collection, it was estimated that seven minutes was required for an individual to complete a small unmanned aircraft registration. Since the DoC requires approximately twice as much information as a registration for unmanned aircraft, the FAA estimates the DoC form will take approximately 15 minutes to complete. 157 In this calculation, the FAA assumes the fully burdened wage (compensation + benefits) to be similar to that of the wage of FAA technical subject matter expert, which is increased by a factor of 1.466 to become a fully burdened wage of $82.93 per hour, or $20.73 for 15 minutes. 158 Note the exceptions to this rule (military, law enforcement, government not conducting operations as civil aircraft). Additionally, the FAA determines that members of a community based organization choose not to integrate remote identification into existing aircraft. PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 resistant ($15). For limited remote identification UAS, the incremental cost to a producer would include a software update that prevents the aircraft from flying beyond 400 feet from the operator ($5) and a cost to make the remote identification equipment tamper resistant ($15). Operators of limited remote identification UAS must transmit message elements to the Remote ID USS from the control station, which could be an electronic device such as a smart phone or tablet.159 For purposes of this analysis, the FAA determines that operators of limited remote identification UAS would already have a cell phone or electronic device capable of transmitting the message elements through an internet connection to the Remote ID USS and thus incur no additional costs for the purchase of a device to transmit messages to a Remote ID USS.160 The present value costs to U.S. producers to build UAS with remote identification totals $105 million at a three percent discount rate and $85 million at a seven percent discount rate. The annualized costs are about $12 million at either a three percent or seven percent discount rate. iv. Developers of Remote Identification Means of Compliance Under the proposed rule, a means of compliance would have to be accepted by the FAA before it is used in the design and production of UAS with remote identification. Means of compliance are developed by persons or organizations to describe methods by which a person responsible for the production of standard remote identification UAS or limited remote identification UAS may comply with the minimum performance requirements of this proposed rule. The FAA would review the means of compliance to determine if it meets the minimum performance requirements, and testing and validation procedures of the proposed rule. Specifically, the person or entity would have to submit a detailed description of the means of compliance, a justification for how the means of compliance meets the minimum performance requirements of the proposed rule, and any substantiating material the person or 159 Based on research of publicly available UAS information, the FAA found that operators of limited remote identification UAS already typically own a smartphone or other electronic device which is capable of transmitting the location of the control station to the internet. 160 In 2018, 77 percent of the adults in the United States owned a smart phone (https:// www.statista.com/statistics/219865/percentage-ofus-adults-who-own-a-smartphone/). VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 entity wishes the FAA to consider as part of the application. The FAA would indicate acceptance of a means of compliance by placing a notice in the Federal Register identifying the means of compliance as accepted and by notifying the submitter of the acceptance of the proposed means of compliance. A UAS remote identification standard that could be one potential means of compliance to the proposed rule is currently being developed by ASTM International, and, for purposes of this analysis, the FAA anticipates it would be available by the beginning of year 2 of the analysis period. Total present value costs incurred by industry consensus standard-setting entities to develop and maintain a remote identification means of compliance is $1.23 million at a three percent discount rate and $1.08 million at seven percent discount rate over the ten-year period of analysis. The annualized costs are about $0.15 million at either a three percent or seven percent discount rate. For purposes of this rulemaking, it is assumed that one additional individual or entity, would submit a means of compliance to the FAA for remote identification on an annual basis for years 2 through 10 of the analysis period. The costs would include time to initially submit the means of compliance and recurring time to accommodate changes in broadcast technology and evolution in the UTM/ network requirements. Total present value costs incurred by entities to develop and maintain a remote identification means of compliance is $1.6 million at a three percent discount rate and $1.3 million at seven percent discount rate over the ten-year period of analysis. 161 The annualized costs are about $0.2 million at either a three percent or seven percent discount rate. v. Remote ID USS MOA The proposed rule would require persons operating UAS to transmit the message elements to a Remote ID USS over the internet. Remote ID USS will be FAA-qualified third party service providers. Each Remote ID USS would be required to establish a contractual relationship with the FAA through a MOA and to comply with a series of terms, conditions, limitations, and technical requirements, and outline how the Remote ID USS must interpret and provide data to external users, as well as store and protect such data. To implement remote identification, the FAA anticipates establishing a cooperative data exchange mechanism between the FAA and Remote ID USS. The FAA estimates ten entities would apply to the FAA to become a Remote ID USS during year 1 of the analysis period, and nine entities would be approved.162 Over the remaining years of the analysis period, the FAA estimates one additional entity per year would submit an application to become a Remote ID USS, and that entity would be approved by the FAA. Each of the entities would address technical requirements in the application to become a Remote ID USS that results in a 40-page document, which is then submitted to the FAA. Each of the documents would take 25 hours per page to prepare at full compensation wage of $92.72 per hour.163 Total costs to Remote ID USS applicants during years 1 through 10 of the analysis period is about $1.6 million at a three percent discount rate and $1.4 million at a seven percent discount rate. The annualized costs are about $0.19 million at either a three percent or seven percent discount rate. vi. FAA-Recognized Identification Areas The FAA is proposing to allow UAS to operate without remote identification if they do so within visual line of sight within FAA-recognized identification areas. By identifying a defined location where operations of UAS without remote identification would be occurring, the FAA-recognized identification area itself becomes the form of identification. The intent is to minimize the regulatory burden for operators of UAS without remote identification, 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 without remote identification from operating anywhere else. Certain flying sites established within the programming of a community based organization (CBO) recognized by the Administrator would be eligible to become FAA-recognized identification areas to enable operations of UAS without remote identification within those areas, if they meet certain criteria and application deadlines. CBOs can request that an existing flying site be established as an FAA-recognized identification areas, where UAS may 162 Based 161 See the Regulatory Impact Analysis for this proposed rulemaking for the derivation of these estimates. PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 72499 on the number of LAANC USS. full compensation wage (salary and benefits) is based on a 2019 FAA ‘‘Technical’’ Pay Band. 163 The E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72500 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules operate without remote identification equipment. The application would have to be submitted within 12 calendar months from the effective date of a final rule. After that date, the number of FAA-recognized identification areas could therefore only remain the same or decrease. The FAA also expects that as compliance with remote identification requirements becomes cheaper and easier, the need to operate only at FAArecognized identification areas would likely decrease. The establishment of an FAA-recognized identification area is approved by the FAA until 48 calendar months after the date on which the request for establishment was approved. A person wishing to renew the establishment of the FAA-recognized identification area would have to submit a request for renewal. The FAA estimates it would receive approximately 2,500 requests for a flying site to become an FAA-recognized identification area, and that as many as 10 percent could be disapproved due to the flying site being in a sensitive area.164 The FAA estimates that in year 1, each request would require two hours to complete at a total compensation wage of $58.12 per hour.165 The FAA anticipates that renewals would require less time to submit since the process is expected to be electronic, thus in years five and nine, the time estimated to complete a renewal is 30 minutes. Over the 10-year period of analysis, costs incurred by CBOs for submitting requests for FAA-recognized identification areas total $0.39 million at a three percent discount rate and $0.35 million at a seven percent discount rate. The annualized costs are about $0.05 million at either a three percent or seven percent discount rate. Individuals that are unable to use a flying site due to FAA disapproval of the application for establishment of an FAA-recognized identification area would have the option to fly UAS with remote identification or to drive to an alternate FAA-recognized identification area. For purposes of this preliminary analysis, the FAA assumes this affected group would choose to drive to the next closest FAA-recognized identification area near their home, which would increase their driving distance to an FAA-recognized identification area an additional 32 miles per round trip, on average.166 The FAA estimates that ten 164 https://www.modelaircraft.org/about-ama. 165 U.S. Bureau of Labor Statistics, Aerospace Engineering or Operations Technician Data. 166 Source: FAA analysis of travel distance to current flying sites based on zip codes of addresses on record for unmanned aircraft registrations for limited recreational operators show that over 94% of registered owners are within 16 miles (32 miles VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 percent of the members belonging to a CBO would be travelling an additional 32 miles per outing, and that this group would travel 52 times per year to an FAA-recognized identification area for a total present value expense of $136 million at a three percent discount rate and $109 million at a seven percent discount rate over the ten-year period of analysis.167 The annualized costs are about $16 million at a three percent and seven percent discount rate. The FAA provides a sensitivity analysis of these costs based on a range of trips per year in the Regulatory Impact Analysis report available in the docket. The FAA requests comments on the costs and frequency of additional travel to FAA-recognized identification areas for recreational flyers affected by this provision. vii. FAA The FAA will incur costs to support the implementation of the proposed remote identification rule. These costs include updating the website portal for the part 48 unmanned aircraft registry to aid recreational flyers to register each unmanned aircraft individually and to facilitate foreign operators of unmanned aircraft to provide notification of identification; establishing MOAs with entities seeking to become Remote ID USS; accepting or not accepting submissions of means of compliance; accepting or not accepting submissions of declarations of compliance; approving or denying requests from CBOs for FAA-recognized identification areas; developing a website for identifying FAA-accepted means of compliance and declarations of compliance; updating the aircraft registry website; and finally, establishing a network for the data exchange between Remote ID USS and the FAA. The present value costs of this proposed rule to FAA total $56.9 million at a three percent discount rate and $50.3 million at a seven percent discount rate. The annualized costs are approximately $7.0 million at either a three percent or seven percent discount rate. The FAA also receives cost savings from this proposed rule resulting from a reduction in hours expended on UAS investigations by aviation safety inspectors. This analysis includes quantified savings to the FAA only. A round trip) of a flying site that may be considered for application as an FAA-recognized identification area. 167 Estimated using United States Department of Transportation guidance on the hourly value of travel time savings for personal purposes, the IRS mileage rate of 20 cents per mile, and the additional 32 miles are traveled at a rate of 50 miles per hour. PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 variety of other entities involved with airport operations, facility and infrastructure security, and law enforcement would also save time and resources involved with UAS identification and incident reporting, response and investigation. The FAA plans to update its estimates of savings for additional information and data identified during the comment period and development of the final rule. The present value cost savings to FAA total $2.4 million at a three percent discount rate and $1.8 million at a seven percent discount rate. The annualized costs savings are almost $0.3 million at either a three percent or seven percent discount rate. Additionally, part 107 allows individuals to request waivers from certain provisions, including those prohibiting operations over people and at night. This proposed rule, in concert with the proposed rule for operations over people would create a cost savings for the FAA resulting from a reduction of time expended by FAA personnel processing waivers for these activities.168 4. Total Costs and Cost Savings The total costs of the proposed remote identification rule include costs incurred by UAS owners, CBOs, UAS operators, UAS producers, developers of remote identification means of compliance, candidates to be Remote ID USS, and the FAA. In addition to the costs incurred by the various entities impacted by the proposed rule, the FAA has a cost savings from avoided aviation safety inspector costs due to a reduction in hours expended on UAS investigations. Over the 10-year period of analysis, using the primary estimate this proposed rule would result in present value costs of $584 million at a three percent discount rate and $475 million at a seven percent discount rate. These costs are partially offset by present value cost savings of $2.5 million and $1.8 million at a three percent and seven percent discount rate, respectively. As a result, the net present value costs are $582 million at a three percent discount rate with annualized net costs of $68 million. At a seven percent discount rate, the net present value costs are $474 million with annualized net costs of $67 million. The following table presents a summary of the primary, low and high estimates of the net costs of the proposed rule. 168 See the appendix of the Remote Identification of Unmanned Aircraft Systems Preliminary Regulatory Impact Analysis for a quantification of these cost savings. E:\FR\FM\31DEP2.SGM 31DEP2 72501 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 8a—PRELIMINARY ESTIMATES OF NET COSTS OF PROPOSED RULE ($MILLIONS) * BASE SCENARIO—PRIMARY ESTIMATE 10-year present value (at 3%) Affected entity/category Annualized (at 3%) 10-year present value (at 7%) Annualized (at 7%) UAS Owners/Operators ................................................................................... Remote ID USS Subscription .......................................................................... UAS Producers (US and Foreign) ................................................................... Developers of Remote ID Means of Compliance ............................................ Remote ID USS Memoranda of Agreement .................................................... Community Based Organizations .................................................................... FAA Costs ........................................................................................................ $145.87 241.72 134.58 2.85 1.60 0.39 56.96 $17.10 28.34 15.78 0.33 0.188 0.05 6.68 $117.48 191.74 111.58 2.36 1.43 0.35 50.33 $16.73 27.30 15.89 0.34 0.2038 0.05 7.17 Total Costs ............................................................................................... Cost Savings ............................................................................................ 583.98 (2.45) 68.46 (0.29) 475.27 (1.82) 67.67 (0.26) Net Costs ........................................................................................... 581.52 68.17 473.46 67.41 * Table notes: Column totals may not sum due to rounding and parenthesis, ‘‘( )’’, around numbers to indicate savings. TABLE 8b—PRELIMINARY ESTIMATES OF NET COSTS OF PROPOSED RULE ($MILLIONS) * LOW SCENARIO 10-year present value (at 3%) Affected entity/category Annualized (at 3%) 10-year present value (at 7%) Annualized (at 7%) UAS Owners/Operators ................................................................................... Remote ID USS Subscription .......................................................................... UAS Producers (US and Foreign) ................................................................... Developers of Remote ID Means of Compliance ............................................ Remote ID USS Memoranda of Agreement .................................................... Community Based Organizations .................................................................... FAA Costs ........................................................................................................ $140.99 206.58 116.53 2.85 1.60 0.39 56.96 $16.53 24.22 13.66 0.33 0.188 0.05 6.68 $113.64 164.24 97.25 2.36 1.43 0.35 50.33 $16.18 23.38 13.85 0.34 0.2038 0.05 7.17 Total Costs ............................................................................................... Cost Savings ............................................................................................ 525.91 (2.45) 61.65 (0.29) 429.61 (1.82) 61.17 (0.26) Net Costs ........................................................................................... 523.46 61.36 427.80 60.91 * Table notes: (i) Column totals may not sum due to rounding and parenthesis, ‘‘( )’’, around numbers to indicate savings. (ii) The low and high forecast scenarios are not symmetric around the base—please see the forecast report for more information. The FAA Aerospace Forecast Fiscal Years 2019–2039, available at https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf. The forecast provides a base (i.e., likely) with high (or optimistic) and low (or pessimistic) scenarios. TABLE 8c—PRELIMINARY ESTIMATES OF NET COSTS OF PROPOSED RULE ($MILLIONS) * HIGH SCENARIO 10-year present value (at 3%) khammond on DSKJM1Z7X2PROD with PROPOSALS2 Affected entity/category Annualized (at 3%) 10-year present value (at 7%) Annualized (at 7%) UAS Owners/Operators ................................................................................... Remote ID USS Subscription .......................................................................... UAS Producers (US and Foreign) ................................................................... Developers of Remote ID Means of Compliance ............................................ Remote ID USS Memoranda of Agreement .................................................... Community Based Organizations .................................................................... FAA Costs ........................................................................................................ $159.32 336.14 181.51 2.85 1.60 0.39 56.96 $18.68 39.41 21.28 0.33 0.188 0.05 6.68 $127.87 264.22 148.26 2.36 1.43 0.35 50.33 $18.21 37.62 21.11 0.34 0.2038 0.05 7.17 Total Costs ............................................................................................... Cost Savings ............................................................................................ 738.78 (2.45) 86.61 (0.29) 594.81 (1.82) 84.69 (0.26) Net Costs ........................................................................................... 736.33 86.32 593.00 84.43 * Table notes: column totals may not sum due to rounding and parenthesis, ‘‘()’’, around numbers to indicate savings. The following table presents an itemized list of preliminary estimates of VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 costs and cost savings from this proposed rule. PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 72502 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 9—REMOTE IDENTIFICATION COSTS AND COST SAVINGS [$Millions] Affected entity 3% PV UAS Owners/Operators: Registration—Recreational Flyers .................................................................................................................... Travel Expense*—Recreational Flyers ............................................................................................................ Registration—Part 107 ..................................................................................................................................... Loss of UAS Use—Recreational Flyers ........................................................................................................... Loss of UAS Use—Pt 107 Operators .............................................................................................................. Community Based Organizations: Letters of Agreement Submission .................................................................................................................... USS Subscription Fee: Part 107 ............................................................................................................................................................ Limited Recreational Flyers .............................................................................................................................. UAS Producers: Equipage Cost .................................................................................................................................................. Declaration of Compliance ............................................................................................................................... Industry Consensus Standard—Remote ID ..................................................................................................... Industry Consensus Standard—Serial # .......................................................................................................... Labeling Requirement ...................................................................................................................................... Developers of Remote Identification MoC: Industry Consensus Standard .......................................................................................................................... Developers of Remote ID MoC (Others) .......................................................................................................... Remote Identification USS: Cost to submit MoA with FAA .......................................................................................................................... FAA Costs: Onboard USS Service Suppliers ...................................................................................................................... Accept/Not Accept MoC ................................................................................................................................... Accept/Not Accept Mfr DoC * ........................................................................................................................... Web Portal Update—Registration/Notification of Identification ........................................................................ Approve/Disapprove Flying Field as an FAA-Recognized Identification Areas ............................................... Website for Means of Compliance/Declarations of Compliance ...................................................................... Remote Identification USS Data Exchange ..................................................................................................... 7% PV $1.070 135.911 0.025 4.625 4.238 $0.887 108.960 0.021 3.972 3.639 0.389 0.354 93.752 147.969 73.787 117.954 105.325 27.178 0.160 0.000 1.917 84.891 24.795 0.146 0.000 1.749 1.230 1.620 1.083 1.276 1.601 1.431 2.179 0.144 0.000 0.728 4.669 2.294 46.950 1.913 0.115 0.000 0.701 3.966 2.000 41.631 Total Costs ................................................................................................................................................ Cost Savings: Reduced Hours FAA UAS Investigations ........................................................................................ 583.975 (2.453) 475.271 (1.815) Total Cost Savings ........................................................................................................................................... (2.453) (1.815) Net Costs .......................................................................................................................................................... 581.522 473.456 Annualized Net Costs ....................................................................................................................................... 68.172 67.409 * Automated approval through FAA drone zone portal. Note: Column totals may not sum due to rounding. The estimated costs are presented on an annual basis in the table below. TABLE 10—REMOTE IDENTIFICATION COSTS AND COST SAVINGS—YEARS 1–10 [$Millions] khammond on DSKJM1Z7X2PROD with PROPOSALS2 Costs by affected entity Costs: UAS Owners (3% PV) ... UAS Owners (7% PV) ... Community Based Org. (3% PV) ...................... Community Based Org. (7% PV) ...................... USS Subscription Fee (3% PV) ...................... USS Subscription Fee (7% PV) ...................... UAS Manufacturer (3% PV) .............................. UAS Manufacturer (7% PV) .............................. Developers of Remote ID MoC (3% PV) ........ Developers of Remote ID MoC (7% PV) ........ Remote ID USS (3% PV) Remote ID USS (7% PV) VerDate Sep<11>2014 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 $0.167 0.161 $15.818 14.656 $15.714 14.018 $24.420 20.968 $15.394 12.724 $15.247 12.130 $15.070 11.541 $14.867 10.961 $14.688 10.424 $14.483 9.894 $145.87 117.48 0.282 ................ ................ ................ 0.056 ................ ................ ................ 0.050 ................ 0.39 0.272 ................ ................ ................ 0.047 ................ ................ ................ 0.036 ................ 0.35 ................ 13.058 29.430 29.681 29.384 28.962 28.491 28.031 27.572 27.112 241.72 ................ 12.099 26.252 25.485 24.288 23.042 21.819 20.667 19.568 18.520 191.74 0.000 39.446 16.244 8.366 12.709 14.362 9.066 11.955 13.038 9.396 134.58 0.000 36.550 14.489 7.182 10.505 11.426 6.943 8.814 9.253 6.418 111.58 0.589 0.215 0.226 0.236 0.245 0.253 0.261 0.268 0.275 0.280 2.85 0.567 0.900 0.867 0.200 0.087 0.081 0.202 0.085 0.076 0.203 0.082 0.071 0.203 0.080 0.066 0.202 0.078 0.062 0.200 0.075 0.058 0.198 0.073 0.054 0.195 0.071 0.050 0.192 0.069 0.047 2.36 1.60 1.43 Frm 00066 Fmt 4701 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 Year 10 Total 72503 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules TABLE 10—REMOTE IDENTIFICATION COSTS AND COST SAVINGS—YEARS 1–10—Continued [$Millions] Costs by affected entity Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Total FAA (3% PV) ................. FAA (7% PV) ................. 28.694 27.619 3.298 3.055 3.202 2.856 3.109 2.669 3.990 3.297 2.930 2.331 2.845 2.178 2.762 2.036 3.545 2.515 2.590 1.769 56.96 50.33 Total Costs—3% PV Total Costs—7% PV 30.632 29.485 71.922 66.641 64.901 57.892 65.894 56.578 61.858 51.130 61.832 49.193 55.809 42.740 57.957 42.730 59.239 42.041 53.930 36.840 583.98 475.27 ................ ................ ................ ................ ................ (0.520) (0.505) (0.490) (0.476) (0.462) (2.453) ................ ................ ................ ................ ................ (0.414) (0.387) (0.361) (0.338) (0.316) (1.815) 30.632 29.485 71.922 66.641 64.901 57.892 65.894 56.578 61.858 51.130 61.312 48.779 55.304 42.354 57.467 42.368 58.763 41.703 53.468 36.524 581.52 473.46 Costs Savings—3% PV ........................ Costs Savings—7% PV ........................ Net Costs—3% PV Net Costs—7% PV khammond on DSKJM1Z7X2PROD with PROPOSALS2 Table notes: PV = Present Value and ‘‘( )’’ = denotes savings. The key cost driver of the proposed rule is the USS subscription fee, followed by travel expenses for a select group of recreational flyers, and the cost of compliance for UAS producers. The present value cost of USS subscription fees is $241.7 million at a three percent discount rate and $191.7 million at a seven percent discount rate. The annualized cost of USS subscription fees is $28.3 million at a three percent and $27.3 million at a seven percent discount rate. This impact represents over 41.4 percent of the total costs of the proposed rule. The travel expense for a select group of recreational users represents 23.3 percent of the proposed rule’s total costs, and costs to UAS producers are 23.0 percent of the total costs. The FAA believes this cost impact is justified in order to reduce the delay (by two years) in implementing for law enforcement, security partners, the FAA, and airports to use remote ID information. The FAA alternatively considered allowing three years beyond the producer compliance date for owners and operators to comply with the remote identification requirements of this proposed rule in the ‘‘Alternatives Considered’’ section. This period of time coincides with the threeyear lifespan of a small UAS and would have prevented grounding or replacement of UAS prior to the end of useful life. However, the FAA determined that the three-year compliance period was less preferable, because it prolonged safety and security risks to air traffic and airports by delaying the ability of law enforcement personnel to identify unauthorized UAS operations. To reduce the delay in implementing remote identification, the operational compliance period was reduced from three years to one year.169 169 As previously discussed, the proposal does not preclude early compliance for producers or operators to realize earlier expanded operations and VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 A potential offsetting benefit of the one-year operational compliance period is that a portion of part 107 operators may be able to immediately perform operations over people and operations at night without a waiver once their UAS has remote identification. As many as 68.4 million operations over people and at night could be enabled by the proposed shortening the of the operational compliance period. Assuming that the flight time for each of these 68.4 million operations lasts 30 minutes and the wage for a remote pilot is $12.09 per operation, the economic benefit in terms of pilot wages alone is about $827 million undiscounted (not present value).170 5. Alternatives Considered The FAA considered both more and less costly alternatives as part of the proposed rule. The alternatives and the FAA’s reasons for rejecting those alternatives are discussed below. i. Alternative Compliance Periods— Producers The chosen compliance period to estimate producer costs is two years beyond the effective date of the final rule. The FAA considered a producer compliance period of one year, especially considering potential retrofits, however this alternative was determined to be impractical since no FAA-accepted means of compliance currently available for producers to build to. Until an FAA-accepted means of compliance exists, producers would commercial opportunities. The FAA provides a sensitivity analysis of costs for earlier developer and producer compliance by the effective date of the final rule (60 days after publication). This analysis shows that if Remote ID USS and UAS with remote identification are available by the effective date of the final rule (as proposed), then total net costs reduce by about 60–70% and operations over people and at night would be enabled beginning in the first year after publication. 170 https://www.payscale.com/research/US/ Job=Drone_Pilot/Hourly_Rate. PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 not be able to submit a declaration of compliance. Accordingly, the FAA believes it is practical for an industry consensus standard to be developed that could be submitted for acceptance as a means of compliance by the end of year 1 after the effective date of the final rule, with an additional year for producers to design, build, and test UAS that meet the standard. The two-year compliance period for producers is consistent with information on timelines for available technology from the UAS–ID ARC Report and expected availability of USS. The ARC found technologies similar to planned Remote ID USS transmissions have a ‘‘readiness for implementation’’ of one year or less. This means products would be available for original equipment manufacturers within one year of the requirements being known. This one-year period would start after the availability of FAA-accepted means of compliance and Remote ID USS—the FAA expects means of compliance and Remote ID USS availability to take up to one year after the effective date of the final rule. At this time, the two-year producer compliance period appears reasonable and has a technical basis. The FAA has not identified or analyzed an alternative. The current proposal does not preclude earlier producer compliance (in light of a potential economic incentive to comply earlier). Likewise, this proposal would not preclude producer compliance through retrofits within the two-year producer compliance period or earlier, as long as retrofits use an FAA-accepted means of compliance. ii. Alternative Operational Compliance Period The FAA considered allowing three years beyond the producer compliance date for owners and operators to comply with the remote identification requirements of this proposed rule. This E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72504 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules period of time coincides with the threeyear lifespan of a small UAS and would have prevented grounding or replacement of UAS prior to end of useful life. However, the FAA determined that the three-year compliance period was less preferable since it prolonged safety and security risks to air traffic and airports by delaying the ability of law enforcement personnel to identify unauthorized UAS operations. In addition, as previously discussed, some producers would be able to retrofit UAS in the existing fleet and comply early. To reduce the delay in implementing remote identification, the owner/operator compliance period was reduced from three years to one year. The FAA analyzed the costs of allowing up to three years for owners/ operators to be in compliance and found this alternative minimizes costs to owners/operators of existing UAS that could not be retrofit, since on average the affected existing fleet of UAS could be replaced at the end of useful life (three years). In addition, this alternative is more likely to reduce uncertainty of adverse impacts to producers with inventories of UAS produced before the compliance date that would likely not meet the remote identification provisions of this proposal, including with retrofits. Given the average three-year UAS lifespan, the three-year operational compliance period would likely assist producers in depleting existing non-compliant inventories with reduced impact compared to the proposed one-year compliance period. Under this alternative, present value costs at a three percent discount rate total $494.2 million with annualized costs of $57.9 million. The present value costs at a seven percent discount rate total $394.4 million with annualized costs of $56.2 million. Present value cost savings at a three percent discount rate total $2.45 million with annualized cost savings of $0.29 million. At a seven percent discount rate, present value costs savings total $1.82 million with annualized cost savings of $0.26 million. As a result, present value net costs at a three percent discount rate are $491.7 million with annualized net costs of $57.7 million. At a seven percent discount rate, present value net costs are $392.6 million with annualized net cost of $55.9 million. The cost associated with this alternative are slightly less than the proposal that assumes producers would be capable of retrofits within one year of the effective date of the final rule. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 iii. Requiring ADS–B Out The FAA could have proposed transponders or ADS–B Out for UAS as a means to remotely identify those aircraft. The FAA does not propose the use of transponders or ADS–B Out for remote identification for three primary reasons. First, the use of these technologies would require significant additional infrastructure, including radars and receivers, to cover the lower altitudes where unmanned aircraft are expected to primarily operate. Second, the FAA expects that, due to the volume of unmanned aircraft operations projected, the additional radio frequency signals would saturate the available spectrum and degrade the overall cooperative surveillance system. Finally, transponders and ADS–B Out do not provide any information about the location of control stations, as these systems were designed for manned aircraft. For these reasons, the FAA has determined that existing cooperative surveillance systems are incapable of supporting UAS remote identification and is proposing a new cooperative surveillance technology specifically for UAS. iv. FAA Provided Remote Identification Services The proposed rule assumes that Remote ID USS would come forward to offer remote identification services to indiviRequireduals operating UAS in the airspace of the United States. The alternative would be for the FAA to provide these services directly to operators of UAS instead of providing them through a third-party provider. The FAA chose the Remote ID alternative for several reasons. First, the LAANC service model has been effective due to the success of public and private sector partnerships in implementing LAANC and clear Congressional approval of the model. Second, similar to LAANC USS, the FAA will not provide payment for the development or operation of Remote ID USS products or services. The FAA anticipates that the Remote ID USS would recoup the costs of providing services either through the sale of subscriptions for remote identification services, online advertising, or ‘‘value added’’ services that can be purchased from the service provider. v. Not Allowing FAA-Recognized Identification Areas The FAA considered not allowing FAA-recognized identification areas. If the proposed rule did not allow for these areas, operators of UAS with no remote identification equipment would PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 not be allowed to operate unless the UAS were redesigned to have remote identification. By identifying a defined location where operations of UAS without remote identification would be occurring, the FAA-recognized identification area itself becomes the form of identification. The intent for allowing FAA-recognized identification areas is to minimize the regulatory burden for operators of existing UAS used exclusively for limited recreational operations that do not have remote identification equipment, while still meeting the intent of the rule. Assumptions • Individuals want to operate UAS without remote identification within FAA-recognized identification areas. • Each individual owns two aircraft which are used for limited recreational operations. • These unmanned aircraft have a lifespan that extends beyond the 10-year analysis period of the proposed rulemaking. Should the FAA not allow FAArecognized identification areas for the operation of UAS without remote identification, it is estimated that as many as 400,000 UAS that are used for recreational flying would be grounded at the end of year 3. vi. Requiring All UAS To Be Standard Remote Identification UAS (Except for UAS Without Remote Identification Operated at FAA-Recognized Identification Areas) The preferred alternative allows operators of limited remote identification UAS to operate at places other than FAA-recognized identification areas. The FAA considered requiring all UAS to be standard remote identification UAS. Under this alternative, owners desiring to operate any UAS that is not a standard remote identification UAS would be required to travel to an FAArecognized identification area. The FAA analyzed the shortest distance between zip codes for each online hobbyist registration and the zip code closest to one of over 2,000 AMA flying fields.171 The zip code analysis indicates a person operating UAS that are not standard remote identification UAS would be required to travel an average of 16 miles one-way to the nearest FAA-recognized identification area. Assumptions • Operators of UAS that are not standard remote identification UAS are 171 As of April 26, 2019, there are 1,013,893 individuals registered as hobbyists. E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules willing to travel to an FAA-recognized identification area. • The average distance between an FAA-recognized identification area and the homes for operators of UAS used for limited recreational operations is 32 miles round trip. On average, operators of UAS that are not standard remote identification UAS would travel to an FAA-recognized identification area 52 times per year. • The share of the UAS fleet operated by recreational flyers that is not a standard remote identification UAS is assumed to be 82 percent. Based on these assumptions, the present value travel costs and opportunity cost of time accrued to recreational flyers is $2,276 million at a seven percent discount rate. These costs accrue during years 4–10 of the analysis period. Additionally, under this alternative, affected recreational flyers would no longer be required to subscribe to a Remote ID USS since they would only be flying at an FAArecognized identification area. Thus this affected group would avert subscription costs. Averted present value subscription costs in this alternative total $72.7 million at a seven percent discount rate. As discussed above, the costs of this alternative are calculated based on individuals traveling an average of 52 times per year to an FAA-recognized identification area. Given that there is uncertainty regarding the average number of trips that this affected group would take on an annual basis, the FAA conducted a sensitivity analysis by varying the input for travel frequency. Using 26 trips per year, the total cost becomes $1,138 million, and using 90 trips per year the cost is $3,939.5 million.172 khammond on DSKJM1Z7X2PROD with PROPOSALS2 vii. Grandfathering of Legacy UAS The FAA considered allowing UAS that would not be able to retrofit to continue operating in the airspace of the United States using software-based flight notification with telemetry.173 172 These trip frequencies assume that an individual travels, on average, every other weekend (26 trips/year), every weekend (52 trips/year), or once every four days (90 trips/year) to an FAARecognized Identification Area. This is used as a sensitivity analysis of the number of times an individual would travel to an FAA-recognized identification area in the period of one year. The lower bound of the sensitivity analysis is based on the average number of rounds a golfer plays in a year (Source: https://www.ngf.org/golf-industryresearch/#golfers). The upper bound of the sensitivity analysis is based on the number of times in a year a person engages in a running/jogging/trail running activity (Source: https:// outdoorindustry.org/resource/2018-outdoorparticipation-report/. Page 23). 173 This option was discussed in the UAS Identification and Tracking (UAS ID) Aviation VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 This would be accomplished through software based mission planning services. The UAS operator would selfdeclare information pertaining to area their drone would be flying in, including altitude, duration and type of aircraft. This information would be shared prior to flight to enable authorities to clearly identify compliant operations. Software apps are currently available on the marketplace that would support this alternative. The FAA did not pursue this option because it would not meet the mission needs of the proposed rule for security, performance, and information quality. While this alternative would allow for the rapid adoption of Remote ID and Tracking for nearly all classes of UAS, it relies on the individual operator to proactively report their location to a USS. Conversely, the proposed rule requires remote identification UAS to automatically connect to a USS. If the UAS cannot connect to the USS, the unmanned aircraft will not take off. B. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96–354) (RFA) establishes ‘‘as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.’’ The RFA covers a wide range of small entities, including small businesses, not-forprofit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. The FAA believes this proposed rule would have a significant economic impact on a substantial number of small entities. Therefore, under Section 603(b) of the RFA, the initial analysis must address: • Description of reasons the agency is considering the action. • Statement of the legal basis and objectives for the proposed rule. Rulemaking Committee (ARC)—ARC Recommendations Final Report, September 30, 2017. PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 72505 • Description of the record-keeping and other compliance requirements of the proposed rule. • All Federal rules that may duplicate, overlap, or conflict with the proposed rule. • Description and estimated number of small entities to which the proposed rule will apply. • Description of Significant Regulatory Alternatives for Small Entities. 1. Description of Reasons the Agency Is Considering the Action The remote identification of UAS is necessary to ensure public safety and the safety and efficiency of the airspace of the United States. The remote identification framework would provide UAS-specific data, which could be used in tandem with new technologies and infrastructure to facilitate more advanced operational capabilities (such as detect-and-avoid and aircraft-toaircraft communications that support beyond visual line of sight operations) and to develop the necessary elements for UTM. Furthermore, remote identification of UAS would provide airspace awareness to the FAA, national security agencies, and law enforcement entities, which could be used to distinguish compliant airspace users from those potentially posing a safety or security risk. Current rules for registration and marking of unmanned aircraft facilitate the identification of the owners of unmanned aircraft, but normally only upon physical examination of the aircraft. Existing electronic surveillance technologies, like transponders and ADS–B, were considered as potential solutions for the remote identification of UAS but were determined to be unsuitable due to the lack of infrastructure for these technologies at lower altitudes and potential saturation of available radio frequency spectrum. Currently, the lack of real-time and historical data regarding UAS operations affects the ability of the FAA to oversee the safety and security of the airspace of the United States, creates challenges for national security agencies and law enforcement entities in identifying threats, and impedes the further integration of UAS into the airspace of the United States. The FAA proposes to address the identification issues associated with UAS by requiring the use of systems and technology to enable the remote identification of UAS. The proposed requirement is consistent with the FAA’s safety mission of overseeing and promoting safety in air commerce and national security and promoting the safe and E:\FR\FM\31DEP2.SGM 31DEP2 72506 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules efficient use of the navigable airspace and would serve the public interest by creating situational awareness of all UAS flying in the airspace of the United States. It would also strengthen the FAA’s oversight of UAS operations and support efforts of law enforcement to address and mitigate disruptive behavior and hazards, which may threaten the safety and security of the airspace of the United States, other UAS, manned aviation, and persons and property on the ground. The near realtime access to remote identification information would also assist Federal security partners in threat discrimination—allowing them to identify an operator and make an informed decision regarding the need to take actions to mitigate a perceived security or safety risk. The proposed rule would enhance the FAA’s ability to monitor compliance with applicable regulations; would contribute to the FAA’s ability to undertake compliance, enforcement, and educational actions required to mitigate safety risks; and would advance the safe integration of UAS into the airspace of the United States. khammond on DSKJM1Z7X2PROD with PROPOSALS2 2. Statement of the Legal Basis and Objectives for the Proposed Rule Statement of the legal basis. The FAA promulgates this rulemaking pursuant to various authorities. First, under 49 U.S.C. 40103(b)(1) and (2), the FAA is directed to issue regulations: (1) To ensure the safety of aircraft and the efficient use of airspace; and (2) to govern the flight of aircraft for purposes of navigating, protecting and identifying aircraft, and protecting individuals and property on the ground. Second, under 49 U.S.C. 44701(a)(5), the FAA must promote safe flight of civil aircraft by prescribing regulations the FAA finds necessary for safety in air commerce and national security. Third, under section 2202 of Public Law 114–190, the Administrator must convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of UAS and associated unmanned aircraft and to issue regulations or guidance based on any standards developed. Fourth, under 49 U.S.C. 44805, the Administrator must establish a process for, among other things, accepting riskbased consensus safety standards related to the design and production of small UAS. Fifth, under 49 U.S.C. 44805(b)(7), the Administrator must take into account any consensus identification standard regarding remote identification of VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 unmanned aircraft developed pursuant to section 2202 of Public Law 114–190. Sixth, under 49 U.S.C. 44809(f), the Administrator is not prohibited from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception for limited recreational operations of unmanned aircraft. Among other things, this authority extends to rules relating to the registration and marking of unmanned aircraft and the standards for remotely identifying owners and operators of UAS and associated unmanned aircraft. Seventh, the FAA has authority to regulate registration of aircraft under 49 U.S.C. 44101–44106 and 44110–44113 which require aircraft to be registered as a condition of operation and establish the requirements for registration and registration processes. Lastly, this rulemaking is promulgated under the authority described in 49 U.S.C. 106(f), which establishes the authority of the Administrator to promulgate regulations and rules, and 49 U.S.C. 40101(d), which authorizes the FAA to consider in the public interest, among other things, the enhancement of safety and security as the highest priorities in air commerce, the regulation of civil and military operations in the interest of safety and efficiency, and assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety. Objectives for the proposed rule. The FAA is integrating UAS operations into the airspace of the United States through a phased, incremental, and riskbased approach.174 On June 28, 2016, the FAA achieved a major step towards UAS integration when it issued the final rule for Operation and Certification of Small Unmanned Aircraft Systems.175 This was one of multiple UAS-related regulatory actions taken by the FAA to enable the safe integration of UAS into the airspace of the United States. As technology progresses and the utility of UAS increases, the FAA anticipates a need for further rulemaking to continue to foster the safe, secure, and efficient use of the airspace of the United States. The FAA believes that the next step in the regulatory process involves the enactment of regulatory requirements to enable the remote identification of UAS 174 Consult https://www.faa.gov/uas for additional information regarding UAS operations. 175 81 FR 42064. PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 operating in the airspace of the United States. This action would implement requirements for the remote identification of UAS. The remote identification of UAS in the airspace of the United States would address safety, security, and law enforcement concerns regarding the further integration of these aircraft into the airspace while also enabling greater operational capabilities. 3. Description of the Record-Keeping and Other Compliance Requirements of the Proposed Rule UAS owners, UAS operators (including pilots, remote pilots, and persons manipulating the flight controls of UAS), UAS manufacturers (i.e., persons responsible for the production of UAS), developers of remote identification means of compliance, and Remote ID USS would have important roles in the remote identification of UAS. Please see section I.C of this preamble for additional detail describing the roles and responsibilities of each group within the scope of the proposed rule. This proposed rule imposes recordkeeping requirements. First, all entities intending to use the small unmanned aircraft for limited recreational operations would be required to include the manufacturer, model, and serial number of each small unmanned aircraft in the registration of that aircraft. Requiring the manufacturer, model, and serial number would obligate registrants to add this additional information to the registration for all their aircraft used for limited recreational operations. Next, the FAA is proposing that persons who develop standards that the FAA may accept as a means of compliance submit those standards for review and acceptance by the FAA. A person who submits a means of compliance is proposed to be required to retain the data for as long as the means of compliance is accepted plus an additional 24 calendar months. The FAA is proposing that persons who produce UAS with remote identification must meet the minimum performance requirements of the proposed rule using an FAA-accepted means of compliance. To demonstrate the UAS has been produced to meet the minimum performance requirements using an FAA-accepted means of compliance, persons responsible for the production of UAS would be required to submit to the FAA a declaration of compliance. A person who submits a declaration of compliance would be required to retain the data submitted for 24 calendar months after the cessation E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules of production of the UAS with remote identification. The proposed rule would require a producer to label the UAS to show that it was produced with remote identification technology capable of meeting the proposed rule. The proposed labeling requirement would inform the operator that the UAS is eligible to conduct operations within the airspace of the United States. The FAA proposes standard remote identification UAS and limited remote identification UAS be designed and produced to connect to the internet and transmit remote identification message elements to Remote ID USS. The collection of this information in the form of message elements is necessary to comply with the statutory requirement to develop standards for remotely identifying operators and owners of UAS and associated unmanned aircraft. The information transmitted between the UAS and the Remote ID USS is collected electronically without input from the human operator, thus there is no burden on the person manipulating the flight controls of the unmanned aircraft to manually submit information to the Remote ID USS. There would be an exchange of information between the Remote ID USS and the FAA when identification of the UAS is required. At this time, it is unknown how often exchanges between the FAA and Remote ID USS will occur. To support the transmission of these message elements, the FAA envisions that a Remote ID USS (an FAA-qualified third party service provider) demonstrate four primary capabilities: (1) The ability to share the remote identification message elements in near real-time with the FAA upon request; (2) the ability to maintain remote identification information; (3) the ability to meet contractually-established technical parameters; and (4) the ability to inform the FAA when their services are active and inactive. Each Remote ID USS would be required to establish a contractual relationship with the FAA through a Memorandum of Agreement (MOA), and to comply with a series of terms, conditions, limitations, and technical requirements, and to outline how the Remote ID USS must interpret and provide data to external users, as well as store and protect such data. The FAA is proposing that representatives of CBOs submitting applications for flying sites to become FAA-recognized identification areas may apply for such designation in a form and manner acceptable to the FAA. The application would collect certain information regarding the location and VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 requirements of the flying site, and require the CBO representative to confirm certain information regarding the site. 4. All Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule The FAA is unaware that the proposed rule will overlap, duplicate or conflict with existing Federal rules. 5. Description and an Estimated Number of Small Entities to Which the Proposed Rule Will Apply This proposed rule would apply to four communities of small entities: Producers of UAS, entities that either own or operate UAS, community based organizations, and Remote ID USS. The first affected group of small entities discussed will be producers. For purposes of this rulemaking, the FAA estimates that there are approximately 154 U.S. entities that produce small UAS as of January 2019.176 Out of these 154 U.S. entities, data on entity size, as defined by number of employees, was available for only 117. Out of the 117 entities for which data was available, 87 of the entities are categorized as small, 12 of the entities are categorized as medium, and 18 are categorized as large.177 Data for the remaining 37 entities was not available and thus the entity size could not be determined, however a majority are believed to be small. NAICS code 336411 is titled ‘‘Miscellaneous Aircraft Manufacturing.’’ The manufacture of unmanned and robotic aircraft are included in this code. The SBA defines industries within this code to be small if they employ 1,500 employees or less. The next group of entities affected by the proposed rule are owners and operators of UAS that conduct operations under part 107 or part 91. Based on analysis conducted by the Association for Unmanned Vehicle Systems International (AUVSI), over 85 percent of part 107 waivers granted have been to small businesses.178 Using this finding based on part 107 waiver data as a proxy for the size of all entities operating UAS under part 107, the FAA 176 AUVSI Air Platform Database. Accessed January 2019. 177 This is based on AUVSI criteria for number of employees. The AUVSI criteria for a manufacturer of unmanned aircraft to be identified as a small entity is 49 employees or fewer. The criteria to be identified as a medium entity is 50–499 employees. Large entities are determined to have 500 or more employees. 178 (AUVSI) Association of Unmanned Vehicle Systems International. As of July 31, 2017, 1,074 waivers had been issued of which 85 percent were granted to small entities (entities with less than 10 employees). PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 72507 assumes that approximately 85 percent of the entities operating under part 107 are small. The FAA requests information on this assumption and the number of small entities affected by the proposal. Model aircraft organizations 179 currently operating flying sites are affected by this rulemaking. These organizations would be required to submit a request to the FAA to have an established flying site approved as an FAA-recognized identification area. Based on membership of AMA (Academy of Model Aeronautics), it is estimated that each flying club has, on average, 78 members.180 SBA standards for NAICS code 713990 ‘‘All Other Amusement and Recreation Activities’’ is $7.5 million in annual receipts, or less, to be considered a small entity. Financial records for these individual community based organizations are not public information, but it is believed that none have receipts totaling $7.5 million, and thus each is considered a small entity. The last group of entities affected by the proposed rule are Remote ID USS. Because Remote ID USS do not yet exist, the FAA is unable to classify the entities as either small or large. The FAA determines that a majority of entities impacted by this proposed rule are small. Therefore, the FAA determines this proposed rule would have a significant economic impact on a substantial number of small entities. 6. Description of Significant Regulatory Alternatives Considered for Small Entities The FAA considered both more and less costly alternatives as part of the proposed rule because the RFA requires the agency to consider significant regulatory alternatives that meet the agency’s statutory objectives and minimize the costs to small entities. The alternatives and the FAA’s reasons for rejecting those alternatives are discussed below. i. Alternative Compliance Periods— Producers The chosen compliance period to estimate producer costs is two years beyond the effective date of the final rule. The FAA considered a producer compliance period of one year; however, this alternative was determined to be impractical. One 179 Academy of Model Aeronautics (AMA), https:// www.modelaircraft.org/aboutama/whatisama.aspx; more than 2,500 AMA fields. 180 Ibid. Based on 2018 AMA membership of 195,000 and approximately 2,500 AMA fields, the average membership per field is estimated to be 78 individuals. E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72508 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules reason that the alternative was not chosen is that there is no FAA-accepted means of compliance currently available for producers to build to. Until an FAAaccepted means of compliance exists, producers would not be able to submit a declaration of compliance. Accordingly, the FAA believes it is practical for an industry consensus standard to be developed that could be submitted for acceptance as a means of compliance by the end of year one after the effective date of the final rule, with an additional year for producers to design, build, and test UAS that meet the standard. The two-year compliance period for producers is consistent with information on timelines for available technology from the UAS–ID ARC Report and expected availability of USS. The ARC found technologies similar to planned Remote ID USS transmissions have a ‘‘readiness for implementation’’ of one year or less. This means products would be available for original equipment manufacturers (producers) within one year of the requirements being known. This one-year period would start after the availability of FAAaccepted means of compliance and services from Remote ID USS—we expect means of compliance and Remote ID USS availability to take up to one year after the effective date of the proposed rule. At this time, the two-year producer compliance period appears reasonable and has a technical basis. The FAA has not identified or analyzed an alternative. The current proposal does not preclude earlier producer compliance (potential economic incentive to comply earlier). The FAA requests comments on alternative compliance periods that would minimize costs for small producers. reduced from three years down to one year. The FAA analyzed the costs of allowing up to three years for owners/ operators to be in compliance and found this alternative minimizes costs to owners/operators since on average the affected existing fleet of UAS could be replaced at the end of useful life (three years). In addition, this alternative is more likely to reduce uncertainty of adverse impacts to producers with inventories of UAS produced before the compliance date that would likely not meet the remote identification provisions of this proposal. Given the average three-year UAS lifespan, the three-year operational compliance period would likely assist producers in depleting existing non-compliant inventories with reduced impact compared to the proposed one-year compliance period. Under this alternative, net present value costs at a three percent discount rate are $491.7 million with annualized net costs of $57.7 million. At a seven percent discount rate, net present value costs are $392.6 million with annualized net cost of $55.9 million. These costs are lower than the costs of the proposed rule: the proposal results in present value costs of about $582 million at a three percent discount rate with annualized net costs of about $68.2 million, and net present value costs of about $473 million at a seven percent discount rate with annualized net costs of about $67.4 million. This alternative would likely minimize impacts on small entities affected by this proposed rule. This alternative does not include impacts and costs related to the loss of use associated with UAS that cannot be retrofit and earlier Remote ID USS subscription fees that would occur under the proposed rule. ii. Alternative Operational Compliance Periods The FAA considered three years beyond the producer compliance date for owners and operators to comply with the remote identification requirements of this proposed rule. This period of time coincides with the threeyear lifespan of a small UAS and would have prevented costly grounding or replacement of UAS prior to end of useful life. However, the FAA determined that the three-year compliance period was unacceptable since it prolonged safety and security risks to air traffic and airports by delaying the ability of law enforcement personnel to identify unauthorized UAS operations. To reduce the delay in implementing remote identification, the owner/operator compliance period was iii. FAA-Provided Remote Identification Services The proposed rule assumes that Remote ID USS will come forward to offer remote identification services to individuals operating UAS in the airspace of the United States. The alternative would be for the FAA to provide these services directly to operators of UAS instead of providing them through a third party provider. The FAA is uncertain how it would recoup costs for these services, at least in the short run. The FAA chose the preferred alternative for several reasons. First, the LAANC service model has been effective due to the success of public and private sector partnerships in implementing LAANC and clear Congressional approval of the model. Second, similar to LAANC USS, the VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 FAA will not provide payment for the development or operation of Remote ID USS products or services. The FAA anticipates that the Remote ID USS would recoup the costs of providing services either through the sale of subscriptions for remote identification services, on-line advertising, or ‘‘value added’’ services that can be purchased from the service provider. The FAA requests comments on alternatives for remote identification services that would minimize cost to small entities. C. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this proposed rule and determined that it ensures the safety of the American public and does not exclude imports that meet this objective. As a result, this proposed rule is not considered as creating an unnecessary obstacle to foreign commerce. The FAA has considered the ongoing work of international organizations and other countries. No international (e.g., ICAO) standards currently exist for the types of operations the FAA proposes in this rule. The FAA will maintain its awareness of other countries’ and international organizations’ work in developing potential standards relevant to UAS operations. D. Unfunded Mandates Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules uses an inflation-adjusted value of about $155 million in lieu of $100 million. Although this proposed rule is a significant regulatory action, it does not contain a mandate that would impose costs of more than $155 million annually. As a result, the requirements of Title II of the Act do not apply. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. There are several new information collections that the FAA is proposing as part of this rule, as well as an existing information collection that is proposed to be revised. 1. New Information collection: Additions to Small Unmanned Aircraft Registration System In this rule, the FAA is proposing to require that all persons registering small unmanned aircraft under part 48 include one or more telephone number(s) of the applicant, and the manufacturer, model, and serial number of the unmanned aircraft as part of the registration information. This information would then be included on the Certificate of Aircraft Registration. The FAA recognizes that persons who currently register their small unmanned aircraft intending to use the small unmanned aircraft as other than a model aircraft are already required to provide the manufacturer, model, and serial number, if available, under § 48.100(a). The FAA proposes to require all persons who register their small unmanned aircraft to include manufacturer name, model name, serial number, and telephone number(s) in the registration. Thus, some persons who have previously registered small unmanned aircraft, but did not include telephone number, manufacturer, model, and serial number information, would be required to update the registration of that aircraft. The FAA is also proposing to require all individuals intending to use the small unmanned aircraft exclusively as a model aircraft to include the telephone number(s) of the applicant, and the manufacturer, model, and serial number of each small unmanned aircraft in the registration. Requiring the telephone number(s), manufacturer, model, and serial number would necessitate amending the registration for all registered model aircraft. Additionally, the FAA proposes to revise the registration requirements in Part 48 to remove the provisions that allow small unmanned aircraft to register as model aircraft under a single Certificate of Aircraft Registration and to require the individual registration of each aircraft, regardless of its intended use.181 This means that every small unmanned aircraft registered under part 72509 48 would need to have its own Certificate of Aircraft Registration. As has been discussed, the FAA recognizes that some small unmanned aircraft would already have serial numbers, while others would require the FAA to assign serial numbers as part of the process of amending the registration. Requiring owners of unmanned aircraft to provide their telephone numbers as part of the registration process would assist FAA and law enforcement to disseminate safety and security related information to the registrant in near real-time. Therefore, the FAA is proposing a new information collection, Additions to Small Unmanned Aircraft Registration System, to reflect the additional burden of adding the telephone number, manufacturer, model, and serial number to each registration and to reflect the burden of having each unmanned aircraft registered separately. Use: The FAA would use the telephone number, manufacturer, model, and serial number to assist with the remote identification of unmanned aircraft systems. The serial number, which may be transmitted as the unique identifier of an unmanned aircraft, would help to identify the aircraft and associate the aircraft with its owner. The FAA would use the telephone number of the owner to disseminate safety and security-related information to the registrant. TABLE 11—SMALL UNMANNED AIRCRAFT REGISTRATION—LIMITED RECREATIONAL OPERATIONS INCREMENTAL HOURLY BURDEN AND COST [$Mil.] Year Registrations Hourly burden Total cost ($Mil.) 1 ................................................................................................................................................... 2 ................................................................................................................................................... 3 ................................................................................................................................................... 442,623 335,236 372,127 12,082 8,040 8,899 $0.17 0.11 0.13 Total ...................................................................................................................................... 1,149,986 29,021 0.41 Row and column totals may not sum due to rounding. The FAA is proposing to extend the operational requirements of part 89 to persons operating foreign civil unmanned aircraft in the United States. These persons would have to comply with the remote identification requirements, which means that these persons would have to operate foreign civil unmanned aircraft that qualify as standard remote identification UAS, limited remote identification UAS, or that have no remote identification equipment but are operated within an FAA-recognized identification area. The FAA is proposing to allow a person to operate foreign-registered civil unmanned aircraft in the United States only if the person submits a notice of identification to the Administrator. The notice would include the following information to allow FAA to associate an unmanned aircraft to a responsible person: (1) The name of the operator and, for an operator other than an individual, the name of the authorized 181 This proposal uses the term ‘‘limited recreational operations’’ when discussing registration requirements under part 48. Part 48 uses the term ‘‘model aircraft’’ to describe recreational UAS operations. The FAA considers that model aircraft under part 48 are consistent with the ‘‘limited recreational operations’’ described in 49 U.S.C. 44809, therefore ‘‘limited recreational operations’’ has been used throughout to ensure consistency of terminology with current statutory requirements. khammond on DSKJM1Z7X2PROD with PROPOSALS2 2. New Information Collection: Identification of Foreign-Registered Civil Unmanned Aircraft Operating in the Airspace of the United States VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 72510 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules representative providing the notification. (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 does not receive mail at the physical address, a mailing address must also be provided. (3) The physical address of the operator in the United States. (4) One or more telephone number(s) where the operator can be reached while in the United States. (5) The email address of the operator or, for an operator other than an individual, the email address of the authorized representative. (6) The aircraft manufacturer and model name. (7) The serial number of the aircraft. (8) The country of registration of the aircraft. (9) The registration number of the aircraft. Once a person submits a notice of identification, the FAA would issue a confirmation of identification. A person operating a foreign-registered unmanned aircraft in the United States would have to maintain the confirmation of identification at the UAS’ control station and would have to produce it when requested by the FAA or a law enforcement officer. The holder of a confirmation of identification would have to ensure that the information provided remains accurate and is current prior to operating a foreign registered civil unmanned aircraft system in the United States. Use: The FAA would use information provided by operators of foreignregistered civil unmanned aircraft operating in the airspace of the United States to identify those aircraft. TABLE 12—NOTICE OF IDENTIFICATION [Unit cost] Minutes to establish account 182 Year 1 ................................................................... 2 ................................................................... 3 ................................................................... Additional minutes per aircraft 5 5 5 3. New Information Collection: Remote Identification Means of Compliance, Declaration of Compliance, and Labeling Requirements i. Means of Compliance The FAA is proposing to require persons who develop standards that the FAA may accept as means of compliance for the production of UAS with remote identification to submit those standards for review and acceptance by the FAA. The means of compliance would include requirements for producer demonstration of how the Total minutes 1 1 1 6 6 6 UAS with remote identification performs its intended functions and meets the performance requirements by analysis, ground test, or flight test, as appropriate. A person who submits a means of compliance that is accepted by the FAA would be required to retain the following data for as long as the means of compliance is accepted and an additional 24 calendar months: All documentation and substantiating data submitted for the acceptance of the means of compliance; records of all test procedures, methodology, and other Part 107 opportunity cost of time ($1.55/minute) 183 $9.30/notification ....... $9.30/notification ....... $9.30/notification ....... Recreational flyer opportunity cost of time ($0.237/minute) 184 $1.42/notification. $1.42/notification. $1.42/notification. procedures, if applicable; and any other information necessary to justify and substantiate how the means of compliance enables compliance with the remote identification requirements of part 89. Use: The FAA would use the means of compliance as a way for persons responsible for the production of standard remote identification UAS or limited remote identification UAS to demonstrate compliance with the requirements for remote identification of UAS. TABLE 14—MEANS OF COMPLIANCE HOURLY BURDEN AND COST MOC submitted Year Total pages Hrs per page Total hours Cost per hour Total cost 1 ............................................................... 2 ............................................................... 3 ............................................................... 1 1 1 12 12 12 1 1 1 12 12 12 $92.72 92.72 92.72 $1,112.64 1,112.64 1,112.64 Total .................................................. 3 36 3 36 ........................ 3,337.92 Row and column totals may not sum due to rounding. khammond on DSKJM1Z7X2PROD with PROPOSALS2 ii. Declaration of Compliance The FAA is proposing to require persons responsible for the production of UAS with remote identification to 182 https://www.faa.gov/news/updates/media/ 2015-12-13_2120-AK82_RIA.pdf. See Page 13 of the Regulatory Impact Analysis of the Interim Final Rule Regulatory Evaluation for the Registration and Marking Requirements for Small Unmanned Aircraft. RIN 2120–AK82. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 produce those UAS to meet the minimum performance requirements of the rule using an FAA-accepted means of compliance. To demonstrate that a UAS has been produced using an FAAaccepted means of compliance, producers would be required to submit 183 The FAA estimates the wage earned by Part 107 operators to be similar to that of a fully burdened wage (compensation + benefits) of an FAA technical subject matter expert, which is $92.72 per hour ($1.55 per minute). 184 Department of Transportation Departmental Guidance on Valuation of Travel Time in Economic Analysis, September 27, 2016. Table 4 Recommended Hourly Values of Travel Time Savings, Page 17. In constant dollars, the hourly value of time for personal travel is $14.21 per hour ($.237 per minute). This value is used as a proxy for the value of time of someone operating UAS for recreational operations. PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules to the FAA a declaration of compliance containing: • The name, physical address, telephone number, and email address of the person responsible for production of the standard remote identification UAS or limited remote identification UAS. • The UAS make and model. • The UAS serial number, or the range of serial numbers for which the person responsible for production is declaring compliance. • The means of compliance used in the design and production of the UAS and whether the UAS is a standard remote identification UAS or a limited remote identification UAS. • Whether the declaration of compliance is an initial declaration or an amended declaration, and if the declaration of compliance is an amended declaration, the reason for the amendment. • A declaration that the person responsible for the production of the UAS: 72511 F of part 89, within 15 calendar days of the date the person becomes aware of the defect or condition. A person who submits a declaration of compliance that is accepted by the FAA would be required to retain the following data for 24 calendar months after the cessation of production of the UAS with remote identification: The means of compliance, all documentation, and substantiating data related to the means of compliance used; records of all test results; and any other information necessary to demonstrate compliance with the means of compliance so that the UAS meets the remote identification requirements of part 89. Use: The FAA would use the declaration of compliance to determine that the person responsible for the production of standard remote identification UAS or limited remote identification UAS has demonstrated compliance with the requirements for remote identification of UAS. Æ Can demonstrate that the UAS was designed and produced to meet the minimum performance requirements of standard remote identification UAS or limited remote identification UAS by using an FAA-accepted means of compliance. Æ Will, upon request, allow the Administrator to inspect its facilities, technical data, and any UAS produced with remote identification, and to witness any tests necessary to determine compliance with part 89, subpart D. Æ Will perform independent audits on a recurring basis, and whenever the FAA provides notice of noncompliance or of potential noncompliance, to demonstrate compliance with the requirements of subpart F of part 89, and will provide the results of those audits to the FAA upon request. Æ Will maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes the UAS to no longer meet the requirements of subpart TABLE 13—DECLARATION OF COMPLIANCE HOURLY BURDEN AND COST [$Mil.] Year DoC submitted Pages per DoC Hours per page Hourly burden Cost per hour Total cost 1 ............................................................... 2 ............................................................... 3 ............................................................... ........................ 1,155 19 ........................ 50 50 ........................ 1 1 ........................ 57,750 945 ........................ $82.93 82.93 ........................ $4.79 0.08 Total .................................................. 1,174 ........................ ........................ 58,695 82.93 4.87 Row and column totals may not sum due to rounding. iii. Labeling For standard remote identification UAS and limited remote identification UAS, the proposed rule would require the person responsible for production of the UAS to label the unmanned aircraft to show that it was produced with remote identification technology that meets the requirements of the proposed rule and to indicate whether it is a standard remote identification UAS or a limited remote identification UAS. The label would be in English and be legible, prominent, and permanently affixed to the unmanned aircraft. The proposed labeling requirement would assist the operator to know that his or her UAS is eligible to conduct operations within the airspace of the United States. Use: The proposed labeling requirement would assist the FAA and owners and operators of UAS to determine if the UAS meets the remote identification requirements of the proposed rule. TABLE 14—LABELING REQUIREMENT HOURLY BURDEN AND COST khammond on DSKJM1Z7X2PROD with PROPOSALS2 [$Mil.] Year Number of platforms Hours per design Hourly burden Cost per hour Total cost 1 ........................................................................................... 2 ........................................................................................... 3 ........................................................................................... ........................ 1,100 18 ........................ 2 2 ........................ 2,200 36 ........................ $82.93 82.93 ........................ $0.182 0.003 Total .............................................................................. 1,118 ........................ 2,236 ........................ 0.185 Row and column totals may not sum due to rounding. 4. New Information Collection: UAS Remote Identification Message Elements The FAA is proposing that standard remote identification UAS and limited VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 remote identification UAS be designed and produced to connect to the internet and transmit remote identification message elements to Remote PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 Identification UAS Service Suppliers (Remote ID USS). The collection of this information in the form of message elements is necessary to comply with E:\FR\FM\31DEP2.SGM 31DEP2 72512 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules the statutory requirement to develop standards for remotely identifying operators and owners of UAS and associated unmanned aircraft. Furthermore, remote identification of UAS would provide airspace awareness to the FAA, national security agencies, and law enforcement entities, which could be used to distinguish compliant airspace users from those potentially posing a safety or security risk. Under this proposed rule, no person would be able to operate a UAS required to have remote identification within the airspace of the United States unless the UAS is capable of connecting to the internet and transmitting certain remote identification message elements throughout the operation. Persons operating UAS would comply with remote identification in one of three ways. First, standard remote identification UAS would connect to the internet and transmit remote identification message elements through that internet connection to a Remote ID USS and broadcast those message elements directly from the unmanned aircraft. These message elements would include the UAS Identification (either the unmanned aircraft’s serial number or session ID), latitude, longitude, and barometric pressure altitude of both the control station and the unmanned aircraft, a time mark, and an emergency status code that would transmit only when applicable. A standard remote identification UAS that could no longer broadcast the message elements would have to land as soon as practicable. Second, limited remote identification UAS would be required to connect to the internet and transmit similar remote identification message elements through that internet connection to a Remote ID USS. If the connection to the internet were unavailable or if the UAS could no longer transmit remote identification message elements to a Remote ID USS, the unmanned aircraft would not be able to take off. Limited remote identification UAS would be designed and produced to operate no more than 400 feet from the control station, cannot broadcast remote identification message elements, and would have to be operated within visual line of sight. TABLE 15—TRANSMIT USS MESSAGE ELEMENTS The third way to comply with the UAS remote identification requirements would be to operate a UAS without remote identification at an FAARecognized Identification Area. Because these types of operations do not involve any information exchanges with a Remote ID USS, they were not considered as part of this information collection. Year Remote ID respondents Remote ID USS respondents 1 ................ 2 ................ 3 ................ ........................ 422,498 972,258 ........................ 10 11 Total ...... 1,394,756 26 5. New Information Collection: Application for FAA-Recognized Identification Areas Use: The remote identification message elements would be sent from the UAS to the Remote ID USS over the internet. The Remote ID USS would, in turn, transmit the information collected to the FAA as required. To implement remote identification, the FAA anticipates establishing a cooperative data exchange mechanism between the FAA and Remote ID USS. The information transmitted between the UAS and the Remote ID USS is collected electronically without input from the human operator, thus there is no burden on the person manipulating the flight controls of the UAS to submit information to the Remote ID USS. There would be an exchange of information between the Remote ID USS and the FAA when identification of the owner of the unmanned aircraft or the location of the UAS is required. At this time, it is unknown how often exchanges between the FAA and Remote ID USS would occur. The following table shows the number of estimated respondents that would transmit messages through the internet to a Remote ID USS and the number of Remote ID USS that would exchange data with the FAA. The FAA is proposing that community-based organization (CBO) representatives submitting applications for flying sites to become FAArecognized identification areas may apply for such establishment in a form and manner acceptable to the FAA. The application would collect certain information regarding the location of the flying site, and require the CBO representative to confirm certain information regarding the site. An applicant for an FAA-recognized identification area would be required to submit: (1) The name of the CBO making the request; (2) a declaration that the person making the request has the authority to act on behalf of the CBO; (3) the name and contact information, including telephone number, of the primary point of contact for communications with the FAA; (4) the physical address of the proposed FAA-recognized identification area; (5) the latitude and longitude coordinates delineating the geographic boundaries of the proposed FAA-recognized identification area, and (6) if applicable, a copy of any existing letter of agreement regarding the flying site. Use: Applications would permit CBOs recognized by the Administrator to apply for FAA-recognized identification area status. TABLE 16—CBO REQUEST FOR FAA-RECOGNIZED IDENTIFICATION AREA HOURLY BURDEN AND COST khammond on DSKJM1Z7X2PROD with PROPOSALS2 [$Mil] Year Requests submitted Pages per request Total pages Hours per page Total hours Hourly burden Total cost 1 ................................... 2 ................................... 3 ................................... 2,500 ........................ ........................ 4 ........................ ........................ 10,000 ........................ ........................ 0.5 ........................ ........................ 5000 ........................ ........................ $58.12 ........................ ........................ $0.29 ........................ ........................ Total ...................... 2,500 ........................ 10,000 ........................ 5,000 ........................ 0.29 Row and column totals may not sum due to rounding. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 6. Requirements for Which Information Collections Are Not Proposed i. Existing Information Collection 2120– 0042: Aircraft Registration While the FAA is proposing to clarify in new § 47.14 that all unmanned aircraft registering under part 47 must include a serial number as part of the registration, the FAA is not proposing to revise existing information collection 2120–0042, Aircraft Registration. The inclusion of a serial number in registrations under part 47 has always been required and a revision to this information collection is not necessary. khammond on DSKJM1Z7X2PROD with PROPOSALS2 ii. Existing Information Collection 2120–0021: Certification: Pilots and Flight Instructors While the FAA is proposing to require that new questions regarding remote identification of UAS be included on the initial and recurrent aeronautical knowledge tests described in § 107.73, and that new training be included in the initial and recurrent training described in § 107.74, for persons seeking a remote pilot certificate with a small UAS rating, the FAA does not believe that the addition of these questions would necessitate further time on the part of applicants to complete the test or training. Therefore, the FAA is not proposing to revise existing information collection 2120–0021, Certification: Pilots and Flight Instructors. iii. Remote ID USS While the FAA envisions the use of Remote ID USS for the transmission of UAS remote identification information, the FAA is still developing the concepts and requirements for those USS. Because the FAA is uncertain at this time regarding the requirements for application by persons to be Remote ID USS, the FAA is not proposing here to establish an information collection for Remote ID USS. Individuals and organizations may send comments on the information collection requirement to the address listed in the ADDRESSES section at the beginning of this preamble by March 2, 2020. Comments may also be submitted to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for FAA, New Executive Office Building, Room 10202, 725 17th Street NW, Washington, DC 20053. F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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 bilateral and multilateral basis to harmonize regulations to the maximum extent possible. The FAA’s international outreach efforts include the following: • Discussions with the Switzerland Federal Office of Civil Aviation (FOCA) regarding plans for use of remote identification to facilitate U-Space 185 operations and plans to allow multiple UAS Service Suppliers to serve a range of U-Space operators in concept similar to current and future FAA USS plans; • Collaboration with the European Aviation Safety Agency (EASA) on the EASA U-Space 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 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 72513 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 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 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/Uspace. PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 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 E:\FR\FM\31DEP2.SGM 31DEP2 72514 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 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. 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. XXI. Tribal Considerations khammond on DSKJM1Z7X2PROD with PROPOSALS2 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. 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 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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 FAArecognized identification areas for UAS flying. 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 186 65 FR 67249 (Nov. 6, 2000). Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/ media/1210.pdf. 187 FAA PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 the FAA intends to impose upon FAAqualified 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 informationhandling 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 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). E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules comments it receives on or before the closing date for comments. The agency may change this proposal in light of the comments it receives. khammond on DSKJM1Z7X2PROD with PROPOSALS2 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, 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 (https://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. 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 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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. 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. 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 * * * * * 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. PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 Unmanned aircraft system service supplier means a person qualified by the Administrator to provide aviationrelated 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. * * * * * ■ 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. ■ General definitions. 72515 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 E:\FR\FM\31DEP2.SGM 31DEP2 72516 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 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 * * * * * ■ 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: khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 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). VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 (5) The aircraft manufacturer and model name. (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. * * * * * § 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 Subpart A—General Sec. 89.1 Definitions. 89.5 Falsification, reproduction, alteration, or omission. Subpart B—Operating Requirements 89.101 Applicability. 89.105 Remote identification requirement. PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 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 SurveillanceBroadcast (ADS–B) Out prohibition. 89.130 Confirmation of identification. 89.135 Record retention. Subpart C—FAA-Recognized Identification Areas 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. 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 E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 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, 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. VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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. (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: (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 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 72517 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. (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. E:\FR\FM\31DEP2.SGM 31DEP2 72518 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules (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 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 SurveillanceBroadcast (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. khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 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. (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 does not receive mail at the physical address, a mailing address must also be provided. (3) The physical address of the operator in the United States. (4) The telephone number(s) where the operator can be reached while in the United States. (5) The email address of the operator or, for an operator other than an VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 individual, the email address of the authorized representative. (6) The aircraft manufacturer and model name. (7) The serial number of the aircraft. (8) The country of registration of the aircraft. (9) The registration number of the aircraft. (b) Issuance of a Confirmation of Identification. (1) The FAA will issue a Confirmation of Identification upon completion of the notification requirements provided in paragraph (a) of this section. (2) The filing of a notification under paragraph (a) of this section and the Confirmation of Identification issued under paragraph (b)(1) of this section do not have the effect of U.S. aircraft registration. (c) Proof of notification. No person may operate a foreign registered civil unmanned aircraft in the United States unless the person obtains a Confirmation of Identification under paragraph (b)(1) of this section, maintains such Confirmation of Identification at the unmanned aircraft system’s control station, and produces the Confirmation of Identification when requested by the FAA or a law enforcement officer. (d) Requirement to maintain current information. The holder of a Confirmation of Identification must ensure that the information provided under § 89.130(a) remains accurate and must update the information prior to operating a foreign registered civil unmanned aircraft system in the United States. § 89.135 Record retention. The Administrator shall require any Remote ID USS to retain any remote identification message elements listed in § 89.305 or § 89.315 obtained in the course of offering services to persons operating under this subpart for 6 months from the date when the remote identification message elements are received or otherwise come into the possession of the Remote ID USS. Subpart C—FAA-Recognized Identification Areas § 89.201 Applicability. This subpart prescribes procedural requirements to establish an FAArecognized identification area. § 89.205 Eligibility. Only a community based organization recognized by the Administrator may apply for the establishment of an FAArecognized identification area under this subpart. PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 § 89.210 Requests for establishment of an FAA-recognized identification area. (a) Application. A community based organization requesting the establishment of an FAA-recognized identification area under this subpart must submit an application in a form and manner acceptable to the Administrator within 12 calendar months from [EFFECTIVE DATE OF FINAL RULE]. (b) Required documentation. A request under this subpart must contain the following information: (1) The name of the community based organization making the request. (2) A declaration that the person making the request has the authority to act on behalf of the community based organization. (3) The name and contact information, including telephone number(s), of the primary point of contact for communications with the FAA. (4) The physical address of the proposed FAA-recognized identification area. (5) The latitude and longitude coordinates delineating the geographic boundaries of the proposed FAArecognized identification area. (6) If applicable, a copy of any existing letter of agreement regarding the flying site. § 89.215 Approval of FAA-recognized identification areas. The Administrator will assess applications for FAA-recognized identification areas and may require additional information or documentation, as needed, to supplement an application. The Administrator will approve or deny an application, and may take into consideration matters such as, but not limited to: (a) The effects on existing or contemplated airspace capacity. (b) The effect on critical infrastructure, existing or proposed manmade objects, natural objects, or the existing use of the land, within or close to the proposed FAA-recognized identification area. (c) The safe and efficient use of airspace by other aircraft. (d) The safety and security of persons or property on the ground. § 89.220 Amendment. (a) From the time of application until expiration or termination of an FAArecognized identification area, any change to the information submitted in the application including but not limited to a change to the point of contact for the FAA-recognized identification area or a change to the E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules community based organization’s affiliation with the FAA-recognized identification area must be submitted to the FAA within 10 calendar days of the change. (b) If the community based organization wishes to change the geographic boundaries of the FAArecognized identification area, the organization must submit the request to the FAA for review. The geographic boundaries of the FAA-recognized identification area will not change until they have been approved or denied in accordance with § 89.215. (c) The establishment of an FAArecognized identification area is subject to ongoing review by the Administrator. All changes to the information submitted in the application may be reviewed in accordance with § 89.215 and may result in the termination of the FAA-recognized identification area pursuant to § 89.230. § 89.225 Duration of an FAA-recognized identification area. (a) Duration. An FAA-recognized identification area will be in effect for 48 calendar months after the date the FAA approves the request for establishment of an FAA-recognized identification area. (b) Renewal. A person wishing to renew an FAA-recognized identification area must submit a request for renewal no later than 120 days prior to the expiration of the FAA-recognized identification area in a form and manner acceptable to the Administrator. The Administrator may deny requests submitted after that deadline or requests submitted after the expiration. khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 89.230 Expiration and termination. (a) Expiration. Unless renewed, an FAA-recognized identification area issued under this subpart will be automatically cancelled and will have no further force or effect as of the day immediately after its expiration date. (b) Termination prior to expiration— (1) Termination by request. A community based organization may submit a request to the Administrator to terminate an FAA-recognized identification area issued under this subpart. Once an FAA-recognized identification area is terminated, that community based organization may not reapply to have that flying site reestablished as an FAA-recognized identification area, and neither may any other person apply to have that site reestablished as an FAA-recognized identification area. (2) Termination by FAA. The FAA may terminate an FAA-recognized identification area for cause or upon a VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 finding that the FAA-recognized identification area may pose a risk to aviation safety, public safety, or national security, a finding that the FAArecognized 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. The Administrator will notify the primary point of contact of the decision to terminate the FAArecognized identification area and the reasons for the termination. Except as provided in paragraph (c) of this section, once an FAA-recognized identification area is terminated, a community based organization may not apply to have that flying site established as an FAA-recognized identification area. (c) Petition to reconsider the FAA’s decision to terminate an FAArecognized identification area. Within 30 calendar days of a termination under this section, the Administrator may be petitioned to reconsider the decision. That petition must state the reasons justifying the reconsideration and include any supporting documentation. Upon consideration of the information submitted by the petitioner, the Administrator will notify the petitioner of the decision. (d) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraphs (b) and (c) of this section. Subpart D—Requirements for Unmanned Aircraft Systems With Remote Identification § 89.301 Applicability. This subpart prescribes the minimum message element set and minimum performance requirements for standard remote identification unmanned aircraft systems and limited remote identification unmanned aircraft systems. § 89.305 Minimum message elements broadcast and transmitted by standard remote identification unmanned aircraft systems. A standard remote identification unmanned aircraft system must transmit the following remote identification message elements through an internet connection to a Remote ID USS and must broadcast the following remote identification message elements: (a) The identity of the unmanned aircraft system consisting of: PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 72519 (1) A serial number assigned to the unmanned aircraft by the person responsible for the production of the standard remote identification unmanned aircraft system; or (2) A session ID assigned by a Remote ID USS. (b) An indication of the latitude and longitude of the control station. (c) An indication of the barometric pressure altitude of the control station. (d) An indication of the latitude and longitude of the unmanned aircraft. (e) An indication of the barometric pressure altitude of the unmanned aircraft. (f) A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output. (g) An indication of the emergency status of the unmanned aircraft system. § 89.310 Minimum performance requirements for standard remote identification unmanned aircraft systems. A standard remote identification unmanned aircraft system must meet the following minimum performance requirements: (a) Control station location. The location of the control station of the unmanned aircraft system must be generated and encoded into the message elements and must correspond to the location of the person manipulating the flight controls of the unmanned aircraft system. (b) Automatic Remote ID USS connection. From takeoff to landing, the unmanned aircraft system must automatically maintain a connection to the internet and transmit the message elements through that internet connection to a Remote ID USS when the internet is available. (c) Time mark. The time mark message element must be synchronized with all other remote identification message elements. (d) Self-Testing and monitoring. (1) When the unmanned aircraft system is powered on, it must automatically test the remote identification functionality and notify the person manipulating the flight controls of the unmanned aircraft system of the result of the test. (2) The unmanned aircraft must not be able to take off if the remote identification equipment is not functional. (3) The unmanned aircraft system must continuously monitor the remote identification functionality from takeoff to landing and must provide notification of malfunction or failure to the person manipulating the flight controls of the unmanned aircraft system. (e) Tamper resistance. The unmanned aircraft system must be designed and E:\FR\FM\31DEP2.SGM 31DEP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 72520 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules produced in a way that reduces the ability of a person to tamper with the remote identification functionality. (f) Connectivity. (1) If the internet is available at takeoff, the unmanned aircraft must not be able to take off unless it is: (i) Connected to the internet and transmitting the message elements in § 89.305 through that internet connection to a Remote ID USS; and (ii) Broadcasting the message elements in § 89.305 directly from the unmanned aircraft. (2) If the internet is unavailable at takeoff, the unmanned aircraft must not be able to take off unless it is broadcasting the message elements in § 89.305. (3) The unmanned aircraft system must continuously monitor its connection to the internet and the unmanned aircraft system’s transmission of the remote identification message elements through that internet connection to a Remote ID USS. If the connection to the internet is lost or the unmanned aircraft system is no longer transmitting the remote identification message elements to a Remote ID USS, the unmanned aircraft system must notify the person manipulating the flight controls of the unmanned aircraft system. (g) Error correction. The remote identification equipment must incorporate error correction in the transmission or broadcast of the message elements in § 89.305. (h) Interference considerations. The remote identification equipment must not interfere with other systems or equipment installed on the unmanned aircraft system, and other systems or equipment installed on the unmanned aircraft system must not interfere with the remote identification equipment. (i) Message transmission. (1) The unmanned aircraft system must be capable of transmitting the message elements for standard remote identification unmanned aircraft systems in § 89.305 through an internet connection to a Remote ID USS. (2) The unmanned aircraft must be capable of broadcasting the message elements in § 89.305 using a nonproprietary broadcast specification and using radio frequency spectrum in accordance with part 15 of title 47, Code of Federal Regulations, where operations may occur without an FCC individual license that is compatible with personal wireless devices. Any broadcasting device used to meet the requirements of this section must be integrated into the unmanned aircraft without modification to its authorized radio frequency parameters and VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 designed to maximize the range at which the broadcast can be received, while complying with 47 CFR part 15 and any other laws in effect as of the date the declaration of compliance is submitted to the FAA for acceptance. (j) Message elements performance requirements. (1) The message elements in § 89.305 transmitted through an internet connection to a Remote ID USS from the unmanned aircraft system and broadcast from the unmanned aircraft must be identical. (2) The reported position of the unmanned aircraft and the control station must be accurate to within 100 feet of the true position, with 95 percent probability. (3) The reported barometric pressure altitude of the unmanned aircraft and control station must be accurate to within 20 feet of the true barometric pressure altitude for pressure altitudes ranging from 0 to 10,000 feet. (4) The unmanned aircraft system must transmit through an internet connection to a Remote ID USS and broadcast the latitude, longitude, and barometric pressure altitude of the unmanned aircraft and its control station no later than 1.0 second from the time of measurement to the time of transmission and broadcast. (5) The unmanned aircraft system must transmit through an internet connection to a Remote ID USS and broadcast the message elements at a rate of at least 1 message per second. (k) Cybersecurity. The unmanned aircraft system must incorporate cybersecurity protections for the transmission and broadcast of the message elements in § 89.305. § 89.315 Minimum message elements transmitted by limited remote identification unmanned aircraft systems. A limited remote identification unmanned aircraft system must transmit the following remote identification message elements through an internet connection to a Remote ID USS: (a) The identity of the unmanned aircraft system consisting of: (1) A serial number assigned to the unmanned aircraft by the person responsible for the production of the limited remote identification unmanned aircraft system; or (2) A session ID assigned by a Remote ID USS. (b) An indication of the latitude and longitude of the control station. (c) An indication of the barometric pressure altitude of the control station. (d) A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output. PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 (e) An indication of the emergency status of the unmanned aircraft system. § 89.320 Minimum performance requirements for limited remote identification unmanned aircraft systems. A limited remote identification unmanned aircraft system must meet the following minimum performance requirements: (a) Control station location. The location of the control station of the unmanned aircraft system must be generated and encoded into the message elements and must correspond to the location of the person manipulating the flight controls of the unmanned aircraft system. (b) Automatic Remote ID USS connection. From takeoff to landing, the unmanned aircraft system must automatically maintain a connection to the internet, when available, and must transmit the appropriate message elements through that internet connection to a Remote ID USS. (c) Time mark. The time mark message element must be synchronized with all other remote identification message elements. (d) Self-Testing and monitoring. (1) When the unmanned aircraft system is powered on, it must automatically test the remote identification functionality and notify the person manipulating the flight controls of the unmanned aircraft system of the result of the test. (2) The unmanned aircraft must not be able to take off if the remote identification equipment is not functional. (3) The unmanned aircraft system must continuously monitor the remote identification functionality from takeoff to landing and must provide notification of malfunction or failure to the person manipulating the flight controls of the unmanned aircraft system. (e) Tamper resistance. The unmanned aircraft system must be designed and produced in a way that reduces the ability of a person to tamper with the remote identification functionality. (f) Connectivity. (1) The unmanned aircraft must not be able to take off unless it is connected to the internet and transmitting the message elements in § 89.315 through that internet connection to a Remote ID USS. (2) The unmanned aircraft system must continuously monitor its connection to the internet and the unmanned aircraft system’s transmission of the remote identification message elements through that internet connection to a Remote ID USS. If the connection to the internet is lost or the unmanned aircraft system is no longer transmitting the remote E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS2 identification message elements to a Remote ID USS, the unmanned aircraft system must notify the person manipulating the flight controls of the unmanned aircraft system. (g) Error correction. The remote identification equipment must incorporate error correction in the transmission of the message elements in § 89.315. (h) Interference considerations. The remote identification equipment must not interfere with other systems or equipment installed on the unmanned aircraft system, and other systems or equipment installed on the unmanned aircraft system must not interfere with the remote identification equipment. (i) Message transmission. The unmanned aircraft system must be capable of transmitting the message elements for limited remote identification unmanned aircraft systems in § 89.315 through an internet connection to a Remote ID USS. (j) Message elements performance requirements. (1) The reported position of the control station must be accurate to within 100 feet of the true position, with 95 percent probability. (2) The reported barometric pressure altitude of the control station must be accurate to within 20 feet of the true barometric pressure altitude for pressure altitudes ranging from 0 to 10,000 feet. (3) The unmanned aircraft system must transmit the latitude, longitude, and barometric pressure altitude of the control station no later than 1.0 second from the time of measurement to the time of transmission. (4) The unmanned aircraft system must transmit the message elements at a rate of at least 1 message per second. (k) Cybersecurity. The unmanned aircraft system must incorporate cybersecurity protections for the transmission of the message elements in § 89.315. (l) Range limitation. The unmanned aircraft must be designed to operate no more than 400 feet from its control station. (m) Broadcast limitation. The unmanned aircraft cannot broadcast any of the remote identification message elements identified in § 89.305 or § 89.315. Subpart E—Means of Compliance § 89.401 Applicability. This subpart prescribes— (a) Requirements for means of compliance. (b) Procedural requirements for the submission and acceptance of means of compliance used in the design and production of standard remote VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 identification unmanned aircraft systems or limited remote identification unmanned aircraft systems to ensure such unmanned aircraft systems meet the minimum performance requirements of this part. (c) Rules governing persons submitting means of compliance for FAA acceptance. § 89.405 Submission of a means of compliance for FAA acceptance. (a) Eligibility. Any person may submit a means of compliance for acceptance by the FAA. (b) Required information. A person requesting acceptance of a means of compliance must submit the following information to the FAA in a form and manner acceptable to the Administrator: (1) The name of the person or entity submitting the means of compliance, the name of the main point of contact for communications with the FAA, the physical address, email address, and other contact information. (2) A detailed description of the means of compliance. (3) An explanation of how the means of compliance addresses all of the minimum performance requirements established in subpart D of this part so that any standard remote identification unmanned aircraft system or limited remote identification unmanned aircraft system designed and produced in accordance with such means of compliance meets the remote identification requirements of this part. (4) Any substantiating material the person wishes the FAA to consider as part of the request. (c) Testing and validation. A means of compliance submitted for acceptance by the FAA must include testing and validation procedures for persons responsible for the production of standard remote identification unmanned aircraft systems or limited remote identification unmanned aircraft systems to demonstrate through analysis, ground test, or flight test, as appropriate, how the standard remote identification unmanned aircraft system or the limited remote identification unmanned aircraft system performs its intended functions and meets the requirements in subpart D of this part, including any FAA performance requirements for radio station operation. § 89.410 Acceptance of a means of compliance. (a) A person requesting acceptance of a means of compliance must demonstrate to the Administrator that the means of compliance addresses all of the requirements of subparts D and E of this part, and that any standard PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 72521 remote identification unmanned aircraft system or limited remote identification unmanned aircraft system designed and produced in accordance with such means of compliance would meet the performance requirements of subpart D of this part. (b) The Administrator will evaluate a means of compliance that is submitted to the FAA and may request additional information or documentation, as needed, to supplement the means of compliance. (c) If the Administrator determines the person has demonstrated that the means of compliance meets the requirements of subparts D and E, the FAA will notify the person that the Administrator has accepted the means of compliance. If the Administrator determines the person has not provided sufficient evidence to demonstrate that the means of compliance meets the requirements of subpart D or E, the FAA will notify the person that the Administrator has not accepted the means of compliance. § 89.415 Rescission. (a) Rescission of an FAA-accepted means of compliance. (1) A means of compliance is subject to ongoing review by the Administrator. The Administrator may rescind its acceptance of a means of compliance if the Administrator determines that a means of compliance does not meet any or all of the requirements of subpart D or E of this part. (2) The Administrator will publish a notice of rescission in the Federal Register. (b) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraph (a) of this section. § 89.420 Record retention. A person who submits a means of compliance that is accepted by the Administrator under this subpart must retain the following information for as long as the means of compliance is accepted plus an additional 24 calendar months, and must make available for inspection by the Administrator the following: (a) All documentation and substantiating data submitted to the FAA for acceptance of the means of compliance. (b) Records of all test procedures, methodology, and other procedures, as applicable. (c) Any other information necessary to justify and substantiate how the means of compliance enables compliance with E:\FR\FM\31DEP2.SGM 31DEP2 72522 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules Subpart F—Design and Production of Unmanned Aircraft Systems With Remote Identification and Records Administration (NARA). For information on the availability of this material at NARA, email fedreg.legal@nara.gov, or go to www.archives.gov/federal-register/cfr/ ibr-locations.html. § 89.501 § 89.510 the remote identification requirements of this part. Applicability. (a) This subpart prescribes— (1) Requirements for the design and production of unmanned aircraft systems operated in the United States. (2) Procedural requirements for the submission, acceptance, and rescission of declarations of compliance. (3) Rules governing persons submitting declarations of compliance for FAA acceptance under this part. (b) Except as provided in paragraph (c) of this section, this subpart applies to the design and production of unmanned aircraft systems operated in the United States. (c) Unless the unmanned aircraft system is a standard remote identification unmanned aircraft system or a limited remote identification unmanned aircraft system, this subpart does not apply to the design or production of: (1) Amateur-built unmanned aircraft systems. (2) Unmanned aircraft systems of the United States Government. (3) Unmanned aircraft systems where the unmanned aircraft weighs less than 0.55 pounds including the weight of anything attached to or carried by the aircraft. (4) Unmanned aircraft systems designed or produced exclusively for the purpose of aeronautical research or to show compliance with regulations. khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 89.505 Serial numbers. Serial number required. No person may produce a standard remote identification unmanned aircraft system or a limited remote identification unmanned aircraft system unless the unmanned aircraft is issued a serial number that complies with ANSI/CTA– 2063–A. ANSI/CTA–2063–A, Small Unmanned Aerial Systems Serial Numbers (September 2019) is incorporated by reference into this section with the approval of the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the FAA’s Office of Rulemaking (ARM–1), 800 Independence Avenue SW, Washington, DC 20590 (telephone 202–267–9677) and is available from Consumer Technology Association, 1919 South Eads Street, Arlington, VA 22202 or at https://www.cta.tech. It is also available for inspection at the National Archives VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Production requirements. (a) General production requirements. After [DATE 24 MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE], no person may produce an unmanned aircraft system unless: (1) The unmanned aircraft system is designed and produced to meet the minimum performance requirements for standard remote identification unmanned aircraft systems established in § 89.310 or for limited remote identification unmanned aircraft systems established in § 89.320 and in accordance with an FAA-accepted means of compliance. (2) The unmanned aircraft system meets the requirements of this subpart. (3) The FAA has accepted a declaration of compliance for that unmanned aircraft system. (b) Inspection, audit, and notification requirements. A person responsible for the production of standard remote identification unmanned aircraft systems or limited remote identification unmanned aircraft systems must: (1) Upon request, allow the Administrator to inspect its facilities, technical data, and any standard remote identification unmanned aircraft system or limited remote identification unmanned aircraft system the person produces, and to witness any tests necessary to determine compliance with this subpart. (2) Perform independent audits on a recurring basis, and whenever the FAA provides notice of noncompliance or of potential noncompliance, to demonstrate the unmanned aircraft systems listed under a declaration of compliance meet the requirements of this subpart. The person responsible for the production of standard remote identification unmanned aircraft systems or limited remote identification unmanned aircraft systems must provide the results of all such audits to the FAA upon request. (3) Maintain product support and notification procedures to notify the public and the FAA of any defect or condition that causes an unmanned aircraft system to no longer meet the requirements of this subpart, within 15 calendar days of the date the person becomes aware of the defect or condition. PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 § 89.515 Labeling. No person may produce a standard remote identification unmanned aircraft system or a limited remote identification unmanned aircraft system unless it displays a label indicating that the unmanned aircraft system meets the remote identification requirements of this part and indicating whether the unmanned aircraft system is a standard remote identification unmanned aircraft system or a limited remote identification unmanned aircraft system. The label must be in English and be legible, prominent, and permanently affixed to the unmanned aircraft. § 89.520 Submission of a declaration of compliance for FAA acceptance. (a) Eligibility. A person responsible for the production of standard remote identification unmanned aircraft systems or limited remote identification unmanned aircraft systems must submit a declaration of compliance for acceptance by the FAA. (b) Required information. The person responsible for the production of a standard remote identification unmanned aircraft system or a limited remote identification unmanned aircraft system requesting acceptance of a declaration of compliance must declare that the unmanned aircraft system complies with the requirements of this subpart by submitting a declaration of compliance to the FAA in a form and manner acceptable to the Administrator. The declaration must include at a minimum the following information: (1) The name, physical address, telephone number, and email address of the person responsible for production of the unmanned aircraft system. (2) The unmanned aircraft system’s make and model. (3) The unmanned aircraft’s serial number, or the range of serial numbers for which the person responsible for production is declaring compliance. (4) The means of compliance used in the design and production of the unmanned aircraft system and whether the unmanned aircraft system is a standard remote identification unmanned aircraft system or a limited remote identification unmanned aircraft system. (5) Whether the declaration of compliance is an initial declaration or an amended declaration, and if the declaration of compliance is an amended declaration, the reason for the amendment. (6) A declaration that the person responsible for the production of the unmanned aircraft system: E:\FR\FM\31DEP2.SGM 31DEP2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules (i) Can demonstrate that the unmanned aircraft system was designed and 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. § 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. khammond on DSKJM1Z7X2PROD with PROPOSALS2 § 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. (2) The Administrator will notify the person who submitted the FAAaccepted 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 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 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 FAAaccepted 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. (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, PO 00000 Frm 00087 Fmt 4701 Sfmt 4702 72523 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. 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 100foot 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, each person operating an aircraft equipped E:\FR\FM\31DEP2.SGM 31DEP2 72524 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS2 (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 VerDate Sep<11>2014 18:02 Dec 30, 2019 Jkt 250001 Class A airspace unless the aircraft has equipment installed that— * * * * * (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 PO 00000 Frm 00088 Fmt 4701 Sfmt 9990 the unmanned aircraft system maintains two-way radio communication with ATC; or (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, Administrator. [FR Doc. 2019–28100 Filed 12–26–19; 11:15 am] BILLING CODE 4910–13–P E:\FR\FM\31DEP2.SGM 31DEP2

Agencies

[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Proposed Rules]
[Pages 72438-72524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28100]



[[Page 72437]]

Vol. 84

Tuesday,

No. 250

December 31, 2019

Part II





Department of Transportation





-----------------------------------------------------------------------





Federal Aviation Administration





-----------------------------------------------------------------------





14 CFR Parts 1, 47, 48, et al.





Remote Identification of Unmanned Aircraft Systems; Proposed Rule

Federal Register / Vol. 84 , No. 250 / Tuesday, December 31, 2019 / 
Proposed Rules

[[Page 72438]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 47, 48, 89, 91, and 107

[Docket No.: FAA-2019-1100; Notice No. 20-01]
RIN 2120-AL31


Remote Identification of Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This action would require the remote identification of 
unmanned aircraft systems. The remote identification of unmanned 
aircraft systems in the airspace of the United States would address 
safety, national security, and law enforcement concerns regarding the 
further integration of these aircraft into the airspace of the United 
States while also enabling greater operational capabilities.

DATES: Send comments on or before March 2, 2020.

ADDRESSES: Send comments identified by docket number FAA-2019-1100 
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to https://www.regulations.gov.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to Docket Operations in Room W12-140 of 
the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and 
Procedures Division, Federal Aviation Administration, 470 L'Enfant 
Plaza SW, Suite 4102, Washington, DC 20024; telephone 1-844-FLY-MY-UA; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
    A. Introduction and Overview
    B. Purpose of the Regulatory Action
    C. Summary of the Proposed Rule
    D. Summary of Costs and Benefits
    E. Structure of This Proposed Rule
II. Authority for This Rulemaking
III. Integration of UAS Into the Airspace of the United States
IV. Need for Remote Identification of UAS Operating in the Airspace 
of the United States
    A. Maintaining the Safety and Efficiency of the Airspace of the 
United States
    B. Unmanned Aircraft Systems Traffic Management (UTM)
    C. Facilitating Beyond Visual Line of Sight Operations
    D. National Security and Law Enforcement Efforts
V. Related International Activities
VI. Aviation Rulemaking Committee
    A. ARC Recommendations Final Report
    B. FAA Response to ARC Report
VII. Terms Used in this Proposed Rule
VIII. Applicability of Remote Identification Requirements
IX. Changes to Registration Requirements
    A. Registration Under Part 47
    B. Registration Under Part 48
    C. Issues With the Current Registration Requirements and 
Proposed Changes
    D. Proposed Changes to the Registration Requirements To Require 
a Serial Number and Telephone Number as Part of the Registration 
Process
    E. Request for Comments Regarding Serial Number Requirements
    F. Serial Number Marking
X. Operating Requirements for Remote Identification
    A. Requirement To Broadcast or Transmit
    B. Prohibition from Using ADS-B To Satisfy Remote Identification 
Requirements
    C. Internet Availability and Transmission to a Remote ID USS
    D. In-flight Loss of Connectivity with a Remote ID USS or Loss 
of Functionality
    E. Valid Declaration of Compliance
    F. Foreign Registered Civil Unmanned Aircraft Operated in the 
United States
    G. Example Operating Scenarios
XI. Law Enforcement Access to Remote Identification and Registration 
Information
XII. Means of Compliance
    A. Introduction
    B. Applicability
    C. Remote Identification Message Elements
    D. Minimum Performance Requirements
    E. Other Performance Requirements Considered
    F. Submission and FAA Acceptance of Means of Compliance
    G. Rescission of a Means of Compliance
    H. Record Retention Requirements
XIII. Design and Production Requirements
    A. Applicability and Summary of Requirements
    B. Requirement To Issue Serial Numbers
    C. Requirement To Label UAS
    D. Requirement for a UAS To Be Designed and Produced Using an 
FAA-Accepted Means of Compliance
    E. Requirement To Submit a Declaration of Compliance
    F. Accountability
XIV. Remote Identification UAS Service Suppliers
    A. UAS Service Suppliers (USS)
    B. Remote ID USS
    C. Data Privacy and Information Security
XV. FAA-Recognized Identification Areas
    A. Eligibility
    B. Process to Request an FAA-Recognized Identification Area
    C. Amendment
    D. Duration of an FAA-Recognized Identification Area
    E. Expiration and Termination
    F. Petition To Reconsider the FAA's Decision To Terminate and 
FAA-Recognized Identification Area
XVI. Use of ADS-B Out and Transponders
XVII. Proposed Effective and Compliance Dates
XVIII. Proposed Guidance Documents
XIX. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
XX. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations that Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, Promoting International Regulatory 
Cooperation
XXI. Tribal Considerations
XXII. Privacy
XXIII. Additional Information
    A. Comments Invited
    B. Confidential Business Information
    C. Availability of Rulemaking Documents
    D. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations Frequently Used in This Document

AC--Advisory Circular
ADS-B--Automatic Dependent Surveillance-Broadcast
ARC--Aviation Rulemaking Committee
ATC--Air traffic control
BVLOS--Beyond visual line of sight
DOT--U.S. Department of Transportation
FAA--Federal Aviation Administration
GPS--Global Positioning System
ICAO--International Civil Aviation Organization
IFR--Instrument flight rules
MOA--Memorandum of Agreement
OMB--Office of Management and Budget
UAS--Unmanned aircraft system
USS--UAS service supplier

[[Page 72439]]

UTM--Unmanned aircraft systems traffic management

I. Executive Summary

A. Introduction and Overview

    This proposed rule would establish requirements for the remote 
identification of unmanned aircraft systems (UAS) \1\ operated in the 
airspace of the United States. Remote identification (or Remote ID) is 
the ability of an unmanned aircraft in flight to provide certain 
identification and location information that people on the ground and 
other airspace users can receive. This is an important building block 
in the unmanned traffic management ecosystem. For example, the ability 
to identify and locate UAS operating in the airspace of the United 
States provides additional situational awareness to manned and unmanned 
aircraft. This will become even more important as the number of UAS 
operations in all classes of airspace increases. In addition, the 
ability to identify and locate UAS provides critical information to law 
enforcement and other officials charged with ensuring public safety. 
While remote identification alone will not enable routine expanded 
operations such as operations over people or beyond visual line of 
sight, it is a critical element for building unmanned traffic 
management capabilities. The FAA envisions that the remote 
identification network will form the foundation for the development of 
other technologies that can enable expanded operations.
---------------------------------------------------------------------------

    \1\ The FAA does not use the terms unmanned aircraft system and 
unmanned aircraft interchangeably. The FAA uses the term unmanned 
aircraft as defined in 14 CFR 1.1 to refer specifically to the 
unmanned aircraft itself. The FAA uses the term unmanned aircraft 
system to refer to both the unmanned aircraft and any communication 
links and components that control the unmanned aircraft. As 
explained in section VII of this proposed rule, the FAA is proposing 
to add the definition of unmanned aircraft system to part 1 of 14 
CFR.
---------------------------------------------------------------------------

    Full implementation of remote identification relies on three 
interdependent parts that are being developed concurrently. The first 
is this proposed rule, which establishes operating requirements for UAS 
operators and performance-based design and production standards for 
producers of UAS. The second is a network of Remote ID UAS Service 
Suppliers (Remote ID USS) that would collect the identification and 
location in real-time from in-flight UAS. The Remote ID USS would 
perform this service under contract with the FAA, based on the same 
model the FAA currently uses for the Low Altitude Authorization and 
Notification Capability (LAANC).\2\ The third part of the remote 
identification ecosystem is the collection of technical requirements 
that standards-setting organizations will develop to meet the 
performance-based design and production requirements in this proposed 
rule.
---------------------------------------------------------------------------

    \2\ For more information on LAANC, consult https://www.faa.gov/uas/programs_partnerships/data_exchange/. On December 20, 2018, the 
FAA issued a request for information (RFI) seeking data exchange 
strategies and demonstrations for potential Remote ID USS. For more 
information on the RFI, consult https://faaco.faa.gov/index.cfm/announcement/view/32514.
---------------------------------------------------------------------------

    All UAS operating in the airspace of the United States, with very 
few exceptions, would be subject to the requirements of this rule. All 
UAS operators would be required to comply regardless of whether they 
conduct recreational or commercial operations, except those flying UAS 
that are not otherwise required to be registered under the FAA's 
existing rules. All UAS produced for operation in the airspace of the 
United States would have to comply with the design and production 
requirements established in this proposal with exceptions for amateur-
built UAS, UAS of the United States government, and unmanned aircraft 
that weigh less than 0.55 pounds.
    This proposal establishes design and production requirements for 
two categories of remote identification: Standard remote identification 
UAS and limited remote identification UAS. Standard remote 
identification UAS would be required to broadcast identification and 
location information directly from the unmanned aircraft and 
simultaneously transmit that same information to a Remote ID USS 
through an internet connection. Limited remote identification UAS would 
be required to transmit information through the internet only, with no 
broadcast requirements; however, the unmanned aircraft would be 
designed to operate no more than 400 feet from the control station. 
Under this proposal, the vast majority of UAS would be required to 
comply with one of these two categories of remote identification. For 
those limited exceptions, which include certain amateur-built UAS and 
UAS manufactured prior to the compliance date, operators flying UAS 
without remote identification capabilities would be permitted to fly 
only at certain specific geographic areas established under this rule 
specifically to accommodate them.
    This proposal envisions that within three years of the effective 
date of this rule, all UAS operating in the airspace of the United 
States will be compliant with the remote identification requirements. 
No UAS could be produced for operation in the United States after two 
years and no UAS could be operated after three years except in 
accordance with the requirements of this proposal. Details on the 
requirements and their applicability are in the sections that follow.

B. Purpose of the Regulatory Action

    The FAA is integrating unmanned aircraft systems (UAS) operations 
into the airspace of the United States through a phased, incremental, 
and risk-based approach.\3\
---------------------------------------------------------------------------

    \3\ Consult https://www.faa.gov/uas for additional information 
regarding UAS operations.
---------------------------------------------------------------------------

    On June 28, 2016, the FAA achieved a major step towards UAS 
integration when it published the final rule for Operation and 
Certification of Small Unmanned Aircraft Systems.\4\ This was one of 
multiple UAS-related regulatory actions taken by the FAA to enable the 
safe integration of UAS into the airspace of the United States. As 
technology progresses and the utility of UAS increases, the FAA 
anticipates a need for further rulemaking to continue to foster the 
safe, secure, and efficient use of the airspace of the United States. 
The FAA believes that the next step in the regulatory process is to 
develop regulatory requirements that enable the remote identification 
of UAS operating in the airspace of the United States.
---------------------------------------------------------------------------

    \4\ 81 FR 42064.
---------------------------------------------------------------------------

    The remote identification of UAS is necessary to ensure public 
safety and the safety and efficiency of the airspace of the United 
States. The remote identification framework would provide UAS-specific 
data, which could be used in tandem with new technologies and 
infrastructure to facilitate future, more advanced operational 
capabilities (such as detect-and-avoid and aircraft-to-aircraft 
communications that support beyond visual line of sight operations) and 
to develop the necessary elements for comprehensive UAS traffic 
management (UTM). Furthermore, remote identification of UAS would 
provide airspace awareness to the FAA, national security agencies, and 
law enforcement entities. This information could be used to distinguish 
compliant airspace users from those potentially posing a safety or 
security risk.
    Current rules for registration and marking of unmanned aircraft 
facilitate the identification of the owners of unmanned aircraft, but 
normally only upon physical examination of the aircraft. Existing 
electronic surveillance technologies like transponders and Automatic 
Dependent Surveillance-

[[Page 72440]]

Broadcast (ADS-B), in addition to radio communications with air traffic 
control (ATC), were all considered as potential solutions for the 
remote identification of UAS but were determined to be unsuitable due 
to the lack of infrastructure for these technologies at lower altitudes 
and the potential saturation of available radio frequency spectrum. The 
FAA proposes to address the identification issues associated with UAS 
by requiring the use of new services and technology to enable the 
remote identification of UAS.
    The proposed remote identification requirements are consistent with 
the FAA's safety mission of overseeing and promoting safety in air 
commerce and national security as well as promoting the safe and 
efficient use of the navigable airspace. The newly-available 
information would serve the public interest of enhancing safety, 
efficiency, and security in air commerce by creating situational 
awareness of all UAS flying in the airspace of the United States, which 
would allow additional and more complex UAS operations to take place. 
Remote identification would also strengthen the FAA's oversight of UAS 
operations and support efforts of law enforcement and national security 
agencies to address and mitigate disruptive behavior and hazards, which 
may threaten the safety and security of the airspace of the United 
States, other UAS, manned aviation, and persons and property on the 
ground. Remote identification information provided in near real-time 
would also assist Federal security partners in threat discrimination--
allowing them to identify an operator and make an informed decision 
regarding the need to take actions to mitigate a perceived security or 
safety risk. The proposed rule would enhance the FAA's ability to 
monitor compliance with applicable regulations; would contribute to the 
FAA's ability to undertake compliance, enforcement, and educational 
actions required to mitigate safety risks; and would advance the safe 
integration of UAS into the airspace of the United States.

C. Summary of the Proposed Rule

    This proposed rule provides a framework for remote identification 
of all UAS operating in the airspace of the United States. The rule 
would facilitate the collection and storage of certain data such as 
identity, location, and altitude regarding an unmanned aircraft and its 
control station.
    The FAA is proposing to tie the remote identification requirements 
to the registration of unmanned aircraft because the FAA and law 
enforcement agencies have a need to correlate remote identification and 
registration data. The proposed rule would therefore impose operating 
requirements on persons operating unmanned aircraft registered or 
required to be registered under title 14, Code of Federal Regulations 
(CFR), part 47 or part 48, and on persons operating foreign civil 
unmanned aircraft in the United States. The proposed rule would also 
impose requirements on persons applying for and using FAA-recognized 
identification areas (areas specifically recognized by the FAA where 
UAS without remote identification equipment could operate) and 
requirements for persons developing means of compliance (e.g., 
standards) that describe how a UAS would be designed and produced to 
meet the performance requirements proposed in this rule. Finally, the 
proposed rule would require persons designing and producing UAS with 
remote identification for operations in the United States to produce 
them using an FAA-accepted means of compliance.
    UAS owners, UAS operators (including pilots, remote pilots, 
recreational flyers, and other persons manipulating the flight controls 
of UAS), UAS designers and producers, developers of remote 
identification means of compliance, and Remote Identification UAS 
Service Suppliers (Remote ID USS) would have important roles in the 
remote identification of UAS. The subsections that follow describe the 
roles and responsibilities of each of these groups within the scope of 
the proposed rule.
1. UAS Owners
    The FAA proposes to revise the registration requirements to require 
all owners of unmanned aircraft to register each unmanned aircraft 
individually when registering under part 48. Furthermore, the owners of 
standard or limited remote identification unmanned aircraft would have 
to provide the serial number of all unmanned aircraft registered under 
part 47 or part 48, on or before the 36th month after the effective 
date of the final rule. The serial number would establish the unique 
identity of the unmanned aircraft. The serial number provided during 
registration or re-registration would have to be issued by the producer 
of the unmanned aircraft and comply with the ANSI/CTA-2063-A serial 
number standard.
    Owners of unmanned aircraft used exclusively for limited 
recreational operations \5\ who currently register multiple aircraft 
under a single registration number would be required to register each 
aircraft, individually by manufacturer, model, and, if the unmanned 
aircraft is a standard or limited remote identification unmanned 
aircraft, the aircraft's serial number, on or before the 36th month 
after the effective date of the final rule. The owners of small 
unmanned aircraft registered after the effective date of the final rule 
would have to comply with the new registration requirements prior to 
the operation of the unmanned aircraft.
---------------------------------------------------------------------------

    \5\ This proposal uses the term ``limited recreational 
operations'' when discussing current registration requirements under 
part 48. Part 48 uses the term ``model aircraft'' to describe 
recreational UAS operations. The FAA considers that model aircraft 
under part 48 are consistent with the ``limited recreational 
operations'' described in 49 U.S.C. 44809, therefore ``limited 
recreational operations'' has been used throughout to ensure 
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

    The registration requirements are discussed in section IX of this 
preamble.
2. UAS Operators
i. Remote Identification Operating Requirements
    Under the proposed rule, a person operating a UAS in the airspace 
of the United States would have to meet the remote identification 
requirements in one of three ways, depending upon the capabilities of 
the UAS, on or before the 36th month after the effective date of the 
final rule.
a. Standard Remote Identification UAS
    For purposes of this proposed rule, a ``standard remote 
identification UAS'' is a UAS with remote identification equipment 
capable of both: (1) Connecting to the internet and transmitting 
through that internet connection to a Remote ID USS; and (2) 
broadcasting directly from the unmanned aircraft. Standard remote 
identification UAS are discussed further in section X.A.1 of this 
preamble. Any person operating a standard remote identification UAS 
would be required to ensure:
     The UAS was designed and produced to meet the minimum 
performance requirements of the rule using an FAA-accepted means of 
compliance for standard remote identification UAS. Persons would be 
able to meet this obligation by ensuring that the serial number of the 
standard remote identification UAS is listed on an FAA-accepted 
declaration of compliance. A person operating a UAS would be able to 
read the label on the aircraft indicating whether the UAS is a

[[Page 72441]]

standard or limited remote identification UAS. Additionally, a person 
could determine whether the UAS is listed on an FAA-accepted 
declaration of compliance by verifying the status on the FAA's website. 
The standard remote identification UAS broadcasts the remote 
identification message elements directly from the unmanned aircraft 
from takeoff to landing.
     When the internet is available at takeoff, the standard 
remote identification UAS connects to the internet and transmits the 
required message elements through that internet connection to a Remote 
ID USS.
    The required message elements include, among others, a UAS 
Identification to establish the unique identity of the UAS. Operators 
would have to choose whether to use the serial number of the unmanned 
aircraft or a session ID (e.g., a randomly-generated alphanumeric code 
assigned by a Remote ID USS on a per-flight basis designed to provide 
additional privacy to the operator) as the UAS Identification. The 
required message elements are discussed in section XII.C of this 
preamble.
    A person could operate a standard remote identification UAS only 
if: (1) It has a serial number that is listed on an FAA-accepted 
declaration of compliance; (2) its remote identification equipment is 
functional and complies with the requirements of the proposed rule from 
takeoff to landing; and (3) its remote identification equipment and 
functionality have not been disabled.
b. Limited Remote Identification UAS
    For purposes of this proposed rule, a ``limited remote 
identification UAS'' is a UAS that: (1) Is designed and produced to 
restrict operation to no more than 400 feet from its control station; 
(2) is capable of connecting to the internet and transmitting the 
remote identification message elements through that internet connection 
to a Remote ID USS; and (3) cannot broadcast remote identification 
message elements. Limited remote identification UAS are discussed 
further in section X.A.2 of this preamble. Persons operating a limited 
remote identification UAS would be required to operate within visual 
line of sight and ensure that:
     The UAS was designed and produced to meet the minimum 
performance requirements of the rule using an FAA-accepted means of 
compliance for a limited remote identification UAS. Persons would be 
able to meet this obligation by ensuring that the serial number of the 
limited remote identification UAS is listed on an FAA-accepted 
declaration of compliance. Additionally, a person could determine 
whether the UAS is listed on an FAA-accepted declaration of compliance 
by verifying the status on the FAA's website.
     From takeoff to landing, the limited remote identification 
UAS connects to the internet and transmits the required remote 
identification message elements through that internet connection to a 
Remote ID USS.
    The required message elements would include, among others, a UAS 
Identification to establish the unique identity of the UAS. Operators 
would have to choose whether to use the unmanned aircraft's serial 
number or a session ID assigned by a Remote ID USS as the UAS 
Identification. The required message elements are discussed in section 
XII.C of this preamble.
    A person could operate a limited remote identification UAS only if: 
(1) it has a serial number that is listed on an FAA-accepted 
declaration of compliance; (2) its remote identification equipment is 
functional and complies with the requirements of the proposed rule from 
takeoff to landing; and (3) its remote identification equipment and 
functionality have not been disabled. Examples of the use of limited 
remoted identification UAS are further discussed in section X.G of this 
preamble.
c. UAS Without Remote Identification Equipment
    Under the proposed rule, the vast majority of UAS would be required 
to have remote identification capability, however as discussed in 
section X. A. 3, a limited number of UAS would continue to not have 
remote identification. The FAA envisions that upon full implementation 
of this rule, no unmanned aircraft weighing more than 0.55 pounds will 
be commercially available that is not either a standard remote 
identification UAS or a limited remote identification UAS. However, 
there will be certain UAS including amateur built aircraft and 
previously manufactured UAS that might not have remote identification 
capability. A person operating a UAS without remote identification 
equipment would always be required to operate within visual line of 
sight \6\ and within an FAA-recognized identification area. Under the 
proposed rule, an FAA-recognized identification area is a defined 
geographic area where UAS without remote identification can operate. An 
area would be eligible for establishment as an FAA-recognized 
identification area if it is a flying site that has been established 
within the programming of a community based organization recognized by 
the Administrator. The FAA would maintain a list of FAA-recognized 
identification areas at https://www.faa.gov. FAA-recognized 
identification areas are discussed further in section XV of this 
preamble.
---------------------------------------------------------------------------

    \6\ While this proposed rule does not propose any changes to 
requirements related to beyond visual line of sight (BVLOS) 
operations, the FAA intends for the rule to be dynamic to account 
for future changes related to line of sight operations. The FAA 
specifically notes that this rulemaking requires UAS without remote 
identification equipment to always be operated within line of sight.
---------------------------------------------------------------------------

ii. Prohibition Against the Use of ADS-B Out and Transponders
    The proposed rule also prohibits use of ADS-B Out and transponders 
for UAS operations under 14 CFR part 107 and part 91 unless otherwise 
authorized by the FAA. 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 projected numbers of UAS operations have the potential to 
saturate available ADS-B frequencies, affecting ADS-B capabilities for 
manned aircraft and potentially blinding ADS-B ground receivers. The 
FAA is therefore proposing that UAS operators, with limited exceptions, 
be prohibited from using ADS-B Out or transponders. The prohibition 
against the use of ADS-B Out and transponders is discussed in Section 
XVI of this preamble.
3. UAS Designers and Producers
    For each UAS designed or produced for operation in the United 
States, the person responsible for the design or production of the 
unmanned aircraft system (with limited exceptions included in the 
proposal) would be required to design or produce the UAS in accordance 
with the performance requirements for a standard remote identification 
UAS or limited remote identification UAS using an FAA-accepted means of 
compliance for remote identification on or before the 24th month after 
the effective date of the final rule.
    A person responsible for the production of UAS (with limited 
exceptions) would be required to:
     Issue each unmanned aircraft a serial number that complies 
with the ANSI/CTA-2063-A serial number standard.
     Label the unmanned aircraft to indicate that it is remote 
identification compliant and indicate whether the UAS is standard 
remote identification or limited remote identification.
     Submit a declaration of compliance for acceptance by the 
FAA, declaring

[[Page 72442]]

that the UAS complies with the requirements of the proposed rule.
    The FAA could ask the person responsible for the production of the 
UAS to submit additional information or documentation, as needed, to 
supplement a declaration of compliance. The FAA would notify the 
submitter of its acceptance of a declaration of compliance. The FAA 
would also provide a list of accepted declarations of compliance at 
https://www.faa.gov.
    A person that submits a declaration of compliance would be required 
to retain certain data for as long as the UAS listed on that 
declaration of compliance is produced plus an additional 24 calendar 
months. If the FAA rescinds its acceptance of a declaration of 
compliance, the submitter of the FAA-accepted declaration of compliance 
or any person adversely affected by the rescission of the 
Administrator's acceptance of the declaration of compliance may 
petition the FAA to reconsider the rescission by submitting a request 
for reconsideration to the FAA within 60 calendar days of publication 
in the Federal Register of a notice of rescission.
4. Developers of Remote Identification Means of Compliance
    Means of compliance, as discussed in section XII of this preamble, 
are developed by persons or organizations to describe methods by which 
a person designing or producing a UAS with remote identification may 
comply with the performance requirements of this proposed rule. Under 
the proposed rule, a means of compliance would have to be accepted by 
the FAA before it could be used for the design and production of UAS 
with remote identification. A person or entity seeking acceptance by 
the FAA of a means of compliance for UAS with remote identification 
equipment would be required to submit the means of compliance to the 
FAA. The FAA would review the means of compliance to determine if it 
meets the minimum performance requirements, and testing and validation 
procedures of the proposed rule. Specifically, the person or entity 
would have to submit a detailed description of the means of compliance, 
a justification for how the means of compliance meets the minimum 
performance requirements of the proposed rule, and any substantiating 
material the person or entity wishes the FAA to consider as part of the 
application. The minimum performance requirements, and testing and 
validation procedures, are discussed in sections XII.D and XII.F of 
this preamble. A person or entity who submits a means of compliance 
that is accepted by the FAA would have to retain certain data for as 
long as the means of compliance is accepted plus an additional 24 
calendar months.
    The FAA would indicate acceptance of a means of compliance by 
notifying the submitter of the acceptance of the proposed means of 
compliance. The FAA also expects to notify the public that it has 
accepted the means of compliance by including it on a list of accepted 
means of compliance at https://www.faa.gov. The FAA would not disclose 
commercially valuable information in this document.
5. Remote ID USS
    The proposed rule would require persons operating UAS with remote 
identification to transmit the remote identification message elements 
to a Remote ID USS over the internet. A Remote ID USS would be a 
service provider qualified by the Administrator to provide remote 
identification services to UAS. Each Remote ID USS would be required to 
establish a contractual relationship with the FAA through a Memorandum 
of Agreement (MOA) entered into under the FAA's ``other transaction 
authority'' under 49 U.S.C. 106(l) and (m), and to comply with a series 
of terms, conditions, limitations, and technical requirements that 
outline how the Remote ID USS must interpret and provide data to 
external users, as well as store and protect such data. The Remote ID 
USS would also be contractually required to meet quality-of- service 
metrics that would establish the minimum requirements for providing 
remote identification services, including availability of the service 
and what happens when various failures occur. To implement remote 
identification, the FAA anticipates establishing a cooperative data 
exchange mechanism between the FAA and Remote ID USS, as discussed in 
section XIV of this preamble.
    Remote ID USS would be required to demonstrate four primary 
capabilities: (1) The ability to share the remote identification 
message elements in near real-time with the FAA upon request; (2) the 
ability to maintain remote identification information securely and to 
limit access to such information; (3) the ability to meet 
contractually-established technical parameters; and (4) the ability to 
inform the FAA when their services are active and inactive. Another 
capability of a Remote ID USS may be to generate and provide UAS 
operators with a UAS Identification known as a session ID. A session ID 
would be a randomly-generated alphanumeric code that is used only for 
one flight. UAS operators would have the option to use a Session ID to 
identify the UAS instead of the serial number, to provide a greater 
level of privacy. This capability would be defined in the technical 
requirements agreed to in the MOA.
    To become an FAA-qualified Remote ID USS, a prospective Remote ID 
USS would enter into an MOA with the FAA, demonstrate it meets the 
technical requirements, and successfully test the end-to-end system and 
connections. Prospective Remote ID USS would also be reviewed for 
consistency with national security and cybersecurity requirements and 
export administration regulations. FAA-qualified Remote ID USS would be 
subject to ongoing FAA review to ensure compliance and quality-of-
service.
6. Table of Major Provisions
    Table 1 provides a summary of the major provisions of this proposed 
rule.

                  Table 1--Summary of Major Provisions
------------------------------------------------------------------------
             Issue                 Proposed requirement     CFR section
------------------------------------------------------------------------
                        Registration Requirements
------------------------------------------------------------------------
Individual registration of       Requires the individual          48.100
 unmanned aircraft and            registration of all             48.110
 conforming changes.              unmanned aircraft
                                  registered under part
                                  48.
                                 Requires each unmanned             48.5
                                  aircraft to be                   48.30
                                  registered under a              48.115
                                  unique registration             48.200
                                  number. Eliminates
                                  existing option to
                                  allow multiple
                                  recreational unmanned
                                  aircraft to register
                                  under a single
                                  registration number.
------------------------------------------------------------------------

[[Page 72443]]

 
Serial numbers for unmanned      The unmanned aircraft             47.14
 aircraft.                        serial number provided
                                  as part of an
                                  application for
                                  aircraft registration
                                  for a standard remote
                                  identification or
                                  limited remote
                                  identification
                                  unmanned aircraft
                                  would be the serial
                                  number issued by the
                                  manufacturer in
                                  accordance with the
                                  requirements of part
                                  89.
                                 The owner of a small             48.100
                                  unmanned aircraft
                                  would have to include
                                  the manufacturer and
                                  model name of the
                                  unmanned aircraft
                                  during the
                                  registration or
                                  registration renewal
                                  process, and for any
                                  standard or limited
                                  remote identification
                                  unmanned aircraft, the
                                  serial number issued
                                  by the manufacturer.
                                 Adds clarifying                   48.15
                                  language for existing
                                  registration
                                  requirements for part
                                  107 operators.
------------------------------------------------------------------------
Telephone number(s) for          Requires telephone               48.100
 applicant for registration.      number(s) of applicant
                                  at time of
                                  registration.
------------------------------------------------------------------------
                         Operating Requirements
------------------------------------------------------------------------
Applicability of operating       The remote                       89.101
 requirements.                    identification
                                  operating requirements
                                  would apply to: (1)
                                  Persons operating
                                  unmanned aircraft
                                  registered or required
                                  to be registered under
                                  parts 47 or 48; and
                                  (2) persons operating
                                  foreign civil unmanned
                                  aircraft in the United
                                  States.
------------------------------------------------------------------------
Remote identification            No person would be               89.105
 requirements generally.          allowed to operate a
                                  UAS within the
                                  airspace of the United
                                  States unless the
                                  operation is conducted
                                  under one of the
                                  following: (1) The UAS
                                  is a standard remote
                                  identification UAS and
                                  that person complies
                                  with the requirements
                                  of Sec.   89.110; (2)
                                  the UAS is a limited
                                  remote identification
                                  UAS and that person
                                  complies with the
                                  requirements of Sec.
                                  89.115; or (3) the UAS
                                  does not have remote
                                  identification
                                  equipment and that
                                  person complies with
                                  the requirements of
                                  Sec.   89.120.
------------------------------------------------------------------------
Standard remote identification   Remote identification..          89.110
 UAS.                            If the internet is
                                  available at takeoff,
                                  the UAS would have to
                                  do the following from
                                  takeoff to landing:
                                  (1) Connect to the
                                  internet and transmit
                                  the required remote
                                  identification message
                                  elements through that
                                  internet connection to
                                  a Remote ID USS; and
                                  (2) broadcast the
                                  message elements
                                  directly from the
                                  unmanned aircraft..
                                 If the internet is
                                  unavailable at
                                  takeoff, or if during
                                  the flight, the
                                  unmanned aircraft can
                                  no longer transmit
                                  through an internet
                                  connection to a Remote
                                  ID USS, the UAS would
                                  have to broadcast the
                                  message elements
                                  directly from the
                                  unmanned aircraft from
                                  takeoff to landing.
                                 In-flight loss of
                                  broadcast capability:
                                 A person manipulating
                                  the flight controls of
                                  a standard remote
                                  identification UAS
                                  that can no longer
                                  broadcast the message
                                  elements would have to
                                  land as soon as
                                  practicable.
                                 Operation of standard
                                  remote identification
                                  UAS:
                                    A person would be
                                     allowed to operate
                                     a standard remote
                                     identification UAS
                                     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
                                     proposed part 89
                                     from takeoff to
                                     landing; and (3)
                                     its remote
                                     identification
                                     equipment and
                                     functionality have
                                     not been disabled.
------------------------------------------------------------------------
Limited remote identification    Remote identification..          89.115
 UAS.                            The UAS would have to
                                  do the following from
                                  takeoff to landing:
                                  (1) Connect to the
                                  internet and transmit
                                  the required remote
                                  identification message
                                  elements through that
                                  internet connection to
                                  a Remote ID USS; and
                                  (2) be operated within
                                  visual line of sight..
                                 In-flight loss of
                                  remote identification:
                                 A person manipulating
                                  the flight controls of
                                  a limited remote
                                  identification UAS
                                  would have to land as
                                  soon as practicable
                                  when it cannot
                                  transmit the message
                                  elements through an
                                  internet connection to
                                  a Remote ID USS.
                                 Operation of limited
                                  remote identification
                                  UAS:
                                 A person would be
                                  allowed to operate a
                                  limited remote
                                  identification UAS
                                  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
                                  proposed part 89 from
                                  takeoff to landing;
                                  and (3) its remote
                                  identification
                                  equipment and
                                  functionality have not
                                  been disabled.
------------------------------------------------------------------------
UAS without remote               The limited number of            89.120
 identification.                  UAS that do not have
                                  remote identification
                                  equipment would be
                                  allowed to operate
                                  within visual line of
                                  sight and within an
                                  FAA-recognized
                                  identification area.

[[Page 72444]]

 
                                 With authorization from
                                  the Administrator, a
                                  person may operate a
                                  UAS that does not have
                                  remote identification
                                  for the purpose of
                                  aeronautical research
                                  or to show compliance
                                  with regulations.
------------------------------------------------------------------------
Transponder and Automatic        ADS-B Out equipment may          89.125
 Dependent Surveillance-          not be used to comply
 Broadcast (ADS-B) use.           with the remote
                                  identification
                                  requirements.
                                 ATC transponder and              91.215
                                  altitude-reporting
                                  equipment and use
                                  requirements do not
                                  apply to persons
                                  operating UAS unless
                                  the operation is
                                  conducted under a
                                  flight plan and the
                                  person operating the
                                  UAS maintains two-way
                                  radio communication
                                  with ATC, or the use
                                  of a transponder is
                                  otherwise authorized
                                  by the Administrator.
                                 No person would be               107.52
                                  allowed to operate a
                                  small UAS with a
                                  transponder on, unless
                                  otherwise authorized
                                  by the Administrator.
                                 ADS-B equipment and use          91.225
                                  requirements do not
                                  apply to persons
                                  operating UAS unless
                                  the operation is
                                  conducted under a
                                  flight plan and the
                                  person operating the
                                  UAS maintains two-way
                                  radio communication
                                  with ATC, or the use
                                  of ADS-B Out is
                                  otherwise authorized
                                  by the Administrator.
                                 No person would be               107.53
                                  allowed to operate a
                                  small UAS with ADS-B
                                  Out equipment in
                                  transmit mode, unless
                                  otherwise authorized
                                  by the Administrator.
------------------------------------------------------------------------
Confirmation of identification   No person would be               89.130
 for foreign registered civil     allowed to operate a
 unmanned aircraft operated in    foreign registered
 the United States.               civil unmanned
                                  aircraft in the United
                                  States unless, prior
                                  to the operation, the
                                  person submits a
                                  notice of
                                  identification that
                                  includes basic
                                  information regarding
                                  the unmanned aircraft
                                  and the person
                                  responsible for the
                                  operation.
------------------------------------------------------------------------
Record Retention...............  The Administrator shall          89.135
                                  require any Remote ID
                                  USS to retain any
                                  remote identification
                                  message elements for 6
                                  months from the date
                                  when the remote
                                  identification message
                                  elements are received
                                  or otherwise come into
                                  the possession of the
                                  Remote ID USS.
------------------------------------------------------------------------
                   FAA-recognized identification areas
------------------------------------------------------------------------
Applicability..................  Prescribes procedural            89.201
                                  requirements to
                                  establish an FAA-
                                  recognized
                                  identification area.
------------------------------------------------------------------------
Eligibility....................  Only a community based           89.205
                                  organization (CBO)
                                  recognized by the
                                  Administrator would be
                                  allowed to apply for
                                  the establishment of
                                  an FAA-recognized
                                  identification area.
------------------------------------------------------------------------
Requests for establishment.....  Application............          89.210
                                 A CBO requesting
                                  establishment of an
                                  FAA-recognized
                                  identification area
                                  would have to submit
                                  an application within
                                  12 calendar months
                                  from the effective
                                  date of the final
                                  rule. The FAA will not
                                  consider any
                                  applications submitted
                                  after that date.
                                 Required documentation.          89.210
                                 A request for
                                  establishment of an
                                  FAA-recognized
                                  identification area
                                  would have to contain
                                  the following
                                  information:
                                  Name of the
                                  CBO making the
                                  request..
                                  Declaration
                                  that the person making
                                  the request has the
                                  authority to act on
                                  behalf of the CBO.
                                  Name and
                                  contact information,
                                  including telephone
                                  number(s), of the
                                  primary point of
                                  contact for
                                  communications with
                                  the FAA.
                                  Physical
                                  address of the
                                  proposed FAA-
                                  recognized
                                  identification area.
                                  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.
                                 Approval of an FAA-              89.215
                                  recognized
                                  identification area.
                                 FAA would approve or
                                  deny applications for
                                  FAA-recognized
                                  identification areas,
                                  and may take into
                                  consideration matters
                                  including but not
                                  limited to: the
                                  effects on existing or
                                  contemplated airspace
                                  capacity, critical
                                  infrastructure,
                                  existing or proposed
                                  manmade objects,
                                  natural objects, or
                                  the existing use of
                                  the land, within or
                                  close to the proposed
                                  FAA-recognized
                                  identification area;
                                  the safe and efficient
                                  use of airspace by
                                  other aircraft; and
                                  the safety and
                                  security of persons or
                                  property on the
                                  ground.
                                 Amendment..............          89.220
                                 Any change to the
                                  information submitted
                                  in the application for
                                  establishment of an
                                  FAA-recognized
                                  identification area
                                  would have to be
                                  submitted to the FAA
                                  within ten calendar
                                  days of the change.
                                  Such information
                                  includes, but would
                                  not be limited to, a
                                  change to the point of
                                  contact for the FAA-
                                  recognized
                                  identification area,
                                  or a change to the
                                  community based
                                  organization's
                                  affiliation with the
                                  FAA-recognized
                                  identification area.

[[Page 72445]]

 
                                 If the community based
                                  organization wishes to
                                  change the geographic
                                  boundaries of the FAA-
                                  recognized
                                  identification area,
                                  the organization must
                                  submit the request to
                                  the FAA for review.
                                  The geographic
                                  boundaries of the FAA-
                                  recognized
                                  identification area
                                  will not change until
                                  they have been
                                  approved or denied in
                                  accordance with Sec.
                                  89.215.
                                 Duration of an FAA-              89.225
                                  recognized
                                  identification area.
                                 An FAA-recognized
                                  identification area
                                  would be in effect for
                                  48 calendar months
                                  after the date the FAA
                                  approves the request
                                  for establishment of
                                  an FAA-recognized
                                  identification area.
                                 Renewal................          89.225
                                 A request for renewal
                                  would have to be
                                  submitted no later
                                  than 120 days prior to
                                  the expiration of the
                                  FAA-recognized
                                  identification area in
                                  a form and manner
                                  acceptable to the
                                  Administrator. The
                                  Administrator may deny
                                  requests submitted
                                  after that deadline or
                                  requests submitted
                                  after the expiration
                                  of the FAA-recognized
                                  identification area.
------------------------------------------------------------------------
Expiration and termination.....  Expiration.............          89.230
                                 Unless renewed, an FAA-
                                  recognized
                                  identification area
                                  would be automatically
                                  cancelled and have no
                                  further force or
                                  effect as of the day
                                  immediately after its
                                  expiration date..
                                 Termination prior to
                                  expiration (by
                                  request):
                                 A CBO may submit a
                                  request to the
                                  Administrator to
                                  terminate an FAA-
                                  recognized
                                  identification area.
                                  Once an FAA-recognized
                                  identification area is
                                  terminated, that CBO
                                  may not reapply to
                                  have that flying site
                                  reestablished as an
                                  FAA-recognized
                                  identification area.
                                 Termination by FAA:
                                 FAA would be able to
                                  terminate an FAA-
                                  recognized
                                  identification area
                                  for cause or upon a
                                  finding that the FAA-
                                  recognized
                                  identification area
                                  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
                                  process.
                                 Once an FAA-recognized
                                  identification area is
                                  terminated, that CBO
                                  may not reapply to
                                  have that flying site
                                  reestablished as an
                                  FAA-recognized
                                  identification area.
                                 Petition to reconsider
                                  the FAA's decision to
                                  terminate an FAA
                                  recognized
                                  identification area:
                                 A CBO whose FAA-
                                  recognized
                                  identification area
                                  has been terminated by
                                  the FAA would be able
                                  to petition for
                                  reconsideration by
                                  submitting a request
                                  for reconsideration
                                  and establishing the
                                  grounds for such
                                  reconsideration within
                                  30 calendar days of
                                  the date of issuance
                                  of the termination.
------------------------------------------------------------------------
             Requirements for UAS with Remote Identification
------------------------------------------------------------------------
Applicability..................  Prescribes the minimum           89.301
                                  message elements set
                                  and minimum
                                  performance
                                  requirements for
                                  standard remote
                                  identification UAS and
                                  limited remote
                                  identification UAS.
------------------------------------------------------------------------
Message elements broadcast and   Standard remote                  89.305
 transmitted by standard remote   identification UAS
 identification UAS.              would have to
                                  broadcast and transmit
                                  the following remote
                                  identification message
                                  elements:
                                  The identity
                                  of the UAS consisting
                                  of one of the
                                  following:.
                                 [cir] The serial number
                                  assigned to the
                                  unmanned aircraft by
                                  the producer..
                                 [cir] Session ID
                                  assigned by a Remote
                                  ID USS..
                                  An indication
                                  of the latitude and
                                  longitude of the
                                  control station and
                                  unmanned aircraft..
                                  An indication
                                  of the barometric
                                  pressure altitude of
                                  the control station
                                  and unmanned aircraft..
                                  A Coordinated
                                  Universal Time (UTC)
                                  time mark..
                                  An indication
                                  of the emergency
                                  status of the UAS,
                                  which could include
                                  lost-link or downed
                                  aircraft..
------------------------------------------------------------------------
Minimum performance              Standard remote                  89.310
 requirements for standard        identification UAS
 remote identification UAS.       would have to meet
                                  minimum performance
                                  requirements related
                                  to the following:
                                  Control
                                  station and unmanned
                                  aircraft location..
                                  Automatic
                                  Remote ID USS
                                  connection..
                                  Time mark.
                                  Self-testing
                                  and monitoring.
                                  Tamper
                                  resistance.
                                  Connectivity.
                                  Error
                                  correction.
                                  Interference
                                  considerations.

[[Page 72446]]

 
                                  Message
                                  transmission
                                  requirements for
                                  broadcast and Remote
                                  ID USS transmission.
                                  Message
                                  elements performance
                                  requirements for
                                  broadcast and Remote
                                  ID USS transmission.
                                  Cybersecurity.
------------------------------------------------------------------------
Message elements transmitted by  Limited remote                   89.315
 limited remote identification    identification UAS
 UAS.                             would have to transmit
                                  the following remote
                                  identification message
                                  elements:
                                  The identity
                                  of the UAS consisting
                                  of one of the
                                  following:.
                                 [cir] The serial number
                                  assigned to the
                                  unmanned aircraft by
                                  its producer.
                                 [cir] Session ID
                                  assigned by a Remote
                                  ID USS.
                                  An indication
                                  of the latitude and
                                  longitude of the
                                  control station.
                                  An indication
                                  of the barometric
                                  pressure altitude of
                                  the control station.
                                  A Coordinated
                                  Universal Time (UTC)
                                  time mark.
                                  An indication
                                  of the emergency
                                  status of the UAS,
                                  which could include
                                  lost-link or downed
                                  aircraft.
------------------------------------------------------------------------
Minimum performance              Limited remote                   89.320
 requirements for limited         identification UAS
 remote identification UAS.       would have to meet
                                  minimum performance
                                  requirements related
                                  to the following:
                                  Control
                                  station location..
                                  Automatic
                                  Remote ID USS
                                  connection..
                                  Time mark.
                                  Self-testing
                                  and monitoring.
                                  Tamper
                                  resistance.
                                  Connectivity.
                                  Error
                                  correction.
                                  Interference
                                  considerations.
                                  Message
                                  transmission
                                  requirements for
                                  Remote ID USS
                                  transmission.
                                  Message
                                  elements performance
                                  requirements for
                                  Remote ID USS
                                  transmission.
                                  Cybersecurity.
                                  Range
                                  limitation.
                                  Broadcast
                                  limitation.
------------------------------------------------------------------------
                           Means of Compliance
------------------------------------------------------------------------
Applicability..................  Prescribes the                   89.401
                                  following:
                                  Requirements
                                  for means of
                                  compliance.
                                  Procedural
                                  requirements for the
                                  submission and
                                  acceptance of means of
                                  compliance.
                                  Rules
                                  governing persons
                                  submitting means of
                                  compliance for FAA
                                  acceptance.
------------------------------------------------------------------------
Submitting a means of            Any person would be              89.405
 compliance for FAA acceptance.   able to submit a means
                                  of compliance for
                                  acceptance by the FAA
                                  by submitting certain
                                  specified information
                                  to the FAA in a form
                                  and manner acceptable
                                  to the Administrator.
                                 A means of compliance
                                  would have to include
                                  testing and validation
                                  procedures for persons
                                  designing and
                                  producing standard
                                  remote identification
                                  UAS or limited remote
                                  identification UAS to
                                  demonstrate through
                                  analysis, ground test,
                                  or flight test, as
                                  appropriate, how the
                                  standard remote
                                  identification UAS or
                                  limited remote
                                  identification UAS
                                  performs its intended
                                  functions and meets
                                  the requirements for
                                  UAS with remote
                                  identification.
------------------------------------------------------------------------
Acceptance of a means of         A person requesting              89.410
 compliance.                      acceptance of a means
                                  of compliance would
                                  have to demonstrate to
                                  the FAA that the means
                                  of compliance
                                  addresses all
                                  applicable
                                  requirements and that
                                  any UAS with remote
                                  identification
                                  designed and produced
                                  in accordance with
                                  such means of
                                  compliance would meet
                                  the performance
                                  requirements of
                                  proposed part 89.
------------------------------------------------------------------------
Rescission.....................  Rescission of FAA's              89.415
                                  acceptance of a means
                                  of compliance.
                                 FAA would be able to
                                  rescind its acceptance
                                  of a means of
                                  compliance if it finds
                                  that the means of
                                  compliance does not
                                  meet any of the
                                  applicable
                                  requirements for a
                                  means of compliance..
------------------------------------------------------------------------
Record retention...............  A person who submits a           89.420
                                  means of compliance
                                  that is accepted by
                                  the Administrator
                                  would have to retain
                                  certain specified data
                                  for as long as the
                                  means of compliance is
                                  accepted plus an
                                  additional 24 calendar
                                  months.
------------------------------------------------------------------------

[[Page 72447]]

 
         Design and Production of UAS with Remote Identification
------------------------------------------------------------------------
Applicability..................  Applies to the design            89.501
                                  and production of UAS
                                  operating in the
                                  United States except
                                  for the design and
                                  production of the
                                  following (unless they
                                  are standard remote
                                  identification UAS or
                                  limited remote
                                  identification UAS, in
                                  which case they would
                                  have to comply with
                                  the design and
                                  production
                                  requirements of the
                                  proposed rule):
                                  Amateur-built
                                  UAS.
                                  UAS of the
                                  United States
                                  Government.
                                  UAS where the
                                  unmanned aircraft
                                  weighs less than 0.55
                                  pounds including the
                                  weight of anything
                                  attached to or carried
                                  by the aircraft.
                                  UAS produced
                                  for the purpose of
                                  aeronautical research
                                  or showing compliance
                                  with regulations.
                                 Prescribes the
                                  following:
                                  Requirements
                                  for design and
                                  production of UAS
                                  operating in the
                                  United States.
                                  Procedural
                                  requirements for the
                                  submission and
                                  acceptance of
                                  declarations of
                                  compliance.
                                  Rules
                                  governing persons
                                  holding FAA-accepted
                                  declarations of
                                  compliance or
                                  operating UAS with
                                  remote identification.
------------------------------------------------------------------------
Serial numbers.................  Producers of UAS with            89.505
                                  remote identification
                                  would have to issue
                                  each unmanned aircraft
                                  a serial number that
                                  complies with ANSI/CTA-
                                  2063-A.
------------------------------------------------------------------------
Design and production            No person would be               89.510
 requirements.                    allowed to produce a
                                  UAS unless.
                                  The UAS is
                                  designed and produced
                                  to meet the minimum
                                  performance
                                  requirements for
                                  standard remote
                                  identification UAS or
                                  limited remote
                                  identification UAS
                                  using an FAA-accepted
                                  means of compliance.
                                  The UAS meets
                                  the requirements of
                                  proposed subpart F.
                                  The FAA has
                                  accepted a declaration
                                  of compliance for that
                                  UAS.
                                 Producers of UAS would
                                  have to:
                                  Allow the
                                  Administrator to
                                  inspect their
                                  facilities, technical
                                  data, and any standard
                                  remote identification
                                  UAS or limited remote
                                  identification UAS the
                                  person produces, and
                                  to witness any tests
                                  necessary to determine
                                  compliance with
                                  subpart F.
                                  Perform
                                  independent audits on
                                  a recurring basis, and
                                  whenever the FAA
                                  provides notice of
                                  noncompliance or of
                                  potential
                                  noncompliance, to
                                  demonstrate the UAS
                                  listed under a
                                  declaration of
                                  compliance meet the
                                  requirements of
                                  subpart F. The person
                                  responsible for the
                                  production of standard
                                  remote identification
                                  UAS or limited remote
                                  identification UAS
                                  must provide the
                                  results of all such
                                  audits to the FAA upon
                                  request.
                                  Maintain
                                  product support and
                                  notification
                                  procedures to notify
                                  the public and the FAA
                                  of any defect or
                                  condition that causes
                                  a UAS to no longer
                                  meet the requirements
                                  of subpart F, within
                                  15 calendar days of
                                  the date the person
                                  becomes aware of the
                                  defect or condition.
------------------------------------------------------------------------
Labeling.......................  Persons responsible for          89.515
                                  the production of UAS
                                  with remote
                                  identification would
                                  have to include a
                                  label on the UAS to
                                  indicate that it meets
                                  the remote
                                  identification
                                  requirements and
                                  whether the unmanned
                                  aircraft system is a
                                  standard remote
                                  identification UAS or
                                  limited remote
                                  identification UAS.
                                  The label would have
                                  to be in English and
                                  be legible, prominent,
                                  and permanently
                                  affixed to the
                                  unmanned aircraft.
------------------------------------------------------------------------
Submission of declaration of     The person responsible           89.520
 compliance for FAA acceptance.   for the production of
                                  a UAS with remote
                                  identification
                                  equipment would have
                                  to submit a
                                  declaration of
                                  compliance for
                                  acceptance by the FAA.
                                  The declaration of
                                  compliance would have
                                  to include certain
                                  specified information,
                                  including a
                                  declaration that:
                                  The UAS was
                                  designed and produced
                                  using an FAA-accepted
                                  means of compliance.
                                  The person
                                  responsible for the
                                  production of the UAS
                                  complies with the
                                  requirements of Sec.
                                  89.510(b).
------------------------------------------------------------------------
Acceptance of a declaration of   The FAA would notify             89.525
 compliance.                      the submitter of its
                                  decision to accept or
                                  reject a declaration
                                  of compliance.
------------------------------------------------------------------------
Rescission and reconsideration.  Rescission of FAA's              89.530
                                  acceptance of a
                                  declaration of
                                  compliance.

[[Page 72448]]

 
                                 The FAA would be able
                                  to rescind its
                                  acceptance of a
                                  declaration of
                                  compliance if it
                                  determines any of the
                                  following: (1) A UAS
                                  with remote
                                  identification listed
                                  under an FAA-accepted
                                  declaration of
                                  compliance does not
                                  meet the applicable
                                  minimum performance
                                  requirements; (2) an
                                  FAA-accepted
                                  declaration of
                                  compliance does not
                                  meet any of the
                                  relevant requirements
                                  of proposed part 89;
                                  or (3) the FAA
                                  rescinded its
                                  acceptance of the
                                  means of compliance
                                  listed in an FAA-
                                  accepted declaration
                                  of compliance.
                                 If the FAA determines
                                  it is in the public
                                  interest, prior to
                                  rescission, it would
                                  be able to provide a
                                  reasonable period of
                                  time for the person
                                  holding the
                                  declaration of
                                  compliance to
                                  remediate the
                                  noncompliance.
                                 Petition for
                                  reconsideration:
                                 The person who
                                  submitted the FAA-
                                  accepted declaration
                                  of compliance or any
                                  person adversely
                                  affected by the
                                  rescission would be
                                  able to petition for
                                  reconsideration within
                                  60 days of the
                                  rescission. The
                                  petition would have to
                                  show that the
                                  petitioner is an
                                  interested party and
                                  has been adversely
                                  affected by the
                                  rescission. The
                                  petition would also
                                  have to demonstrate
                                  one of the following:
                                  (1) The petitioner has
                                  a significant
                                  additional fact not
                                  previously presented
                                  to the FAA; (2) the
                                  Administrator made a
                                  material error of fact
                                  in the decision to
                                  rescind its
                                  acceptance; or (3)
                                  that the Administrator
                                  did not correctly
                                  interpret a law,
                                  regulation, or
                                  precedent.
------------------------------------------------------------------------
Record retention...............  A person who submits a           89.535
                                  declaration of
                                  compliance that is
                                  accepted by the
                                  Administrator would
                                  have to retain certain
                                  specified data for as
                                  long as the UAS listed
                                  on that declaration of
                                  compliance are
                                  produced plus an
                                  additional 24 calendar
                                  months. That person
                                  would have to also
                                  make certain
                                  information available
                                  for inspection by the
                                  FAA, including: (1)
                                  The means of
                                  compliance, all
                                  documentation, and
                                  substantiating data
                                  related to the means
                                  of compliance used;
                                  (2) records of all
                                  test results; and (3)
                                  any other information
                                  necessary to
                                  demonstrate compliance
                                  with the means of
                                  compliance so that the
                                  UAS meets the remote
                                  identification
                                  requirements and the
                                  design and production
                                  requirements of this
                                  part.
------------------------------------------------------------------------
                      Definitions and Abbreviations
------------------------------------------------------------------------
Definitions....................   Unmanned                   1.1
                                  aircraft system.
                                  UAS service
                                  supplier..
                                  Visual line of
                                  sight..
                                  Amateur-built             89.1
                                  unmanned aircraft
                                  system.
                                  Broadcast.....
                                  Remote ID USS.
------------------------------------------------------------------------
Abbreviations..................   USS means a                1.2
                                  UAS service supplier.
------------------------------------------------------------------------
          Falsification, Reproduction, Alteration, or Omission
------------------------------------------------------------------------
Falsification, reproduction or   No person would be                 89.5
 alteration.                      allowed to make or
                                  cause to be made any
                                  of the following.
                                  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..
                                  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.
                                  Any
                                  reproduction or
                                  alteration, for
                                  fraudulent purpose, of
                                  any document related
                                  to any acceptance,
                                  application, approval,
                                  authorization,
                                  certificate,
                                  declaration,
                                  designation,
                                  qualification, record,
                                  report, request for
                                  reconsideration, or
                                  similar, submitted or
                                  granted under this
                                  part.
                                 No person may conceal a
                                  material fact 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.
                                  Any document
                                  required to be
                                  developed, provided,
                                  kept, or used to show
                                  compliance with any
                                  requirement under this
                                  part.
                                 The commission of a
                                  prohibited act would
                                  result in:
                                  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.
                                  A civil
                                  penalty.
------------------------------------------------------------------------


[[Page 72449]]

D. Summary of Costs and Benefits

    This proposed rule would provide remote identification of UAS in 
the airspace of the United States to address safety, security, and law 
enforcement concerns regarding the further integration of these 
aircraft into the airspace of the United States while also enabling 
greater operational capabilities. This proposal would promote public 
safety and the safety and efficiency of the airspace of the United 
States. The remote identification framework would provide UAS-specific 
data, which may be used in tandem with new technologies and 
infrastructure to facilitate more advanced operational capabilities 
(such as detect-and-avoid and aircraft-to-aircraft communications that 
support beyond visual line of sight operations) and to develop the 
necessary elements for comprehensive UAS traffic management (UTM). 
Furthermore, remote identification of UAS provides airspace awareness 
to the FAA, national security agencies, and law enforcement entities. 
This information could be used to distinguish compliant airspace users 
from those potentially posing a safety or security risk fulfilling a 
key requirement for law enforcement and national security agencies 
charged with protecting public safety.
    This proposed rule would result in additional costs for persons 
responsible for the production of UAS, owners and operators of 
registered unmanned aircraft, community based organizations, Remote ID 
USS, and the FAA. This proposal would provide cost savings for the FAA 
and law enforcement resulting from a reduction in hours and associated 
costs expended investigating UAS incidents.\7\ Additionally, part 107 
allows individuals to request waivers from certain provisions, 
including those prohibiting operations at night and over people. This 
proposed rule, in concert with the FAA's proposed rule for operations 
over people would create cost savings for the FAA and part 107 
operators by avoiding the time expended processing waivers for these 
activities.\8\
---------------------------------------------------------------------------

    \7\ This analysis includes quantified savings to the FAA only. A 
variety of other entities involved with airport operations, facility 
and infrastructure security, and law enforcement would also save 
time and resources involved with UAS identification and incident 
reporting, response and investigation. The FAA plans to update its 
estimates of savings for additional information and data identified 
during the comment period and development of the final rule.
    \8\ On February 13, 2019, the FAA published a notice of proposed 
rulemaking titled ``Operation of Small Unmanned Aircraft Systems 
over People,'' (84 FR 3856) in which the FAA proposed to allow 
operations of small unmanned aircraft over people in certain 
conditions and operations of small UAS at night without obtaining a 
waiver.
---------------------------------------------------------------------------

    The analysis of this proposed rule is based on the fleet forecast 
for small unmanned aircraft as published in the FAA Aerospace 
Forecast.\9\ The forecast includes base, low, and high scenarios. This 
analysis provides a range of net impacts from low to high based on 
these forecast scenarios. The FAA considers the primary estimate of net 
impacts of the proposed rule to be the base scenario. For the primary 
estimate, over a 10-year period of analysis this proposed rule would 
result in net present value costs of about $582 million at a three 
percent discount rate with annualized net costs of about $68 million. 
At a seven percent discount rate, the net present value costs are about 
$474 million with annualized net costs of $67 million. The following 
table presents a summary of the primary estimates of the quantified 
costs and cost savings of this proposed rule. Additional details, 
including low and high estimates of quantified net costs, are provided 
in the Regulatory Evaluation section of this proposal and in the 
Preliminary Regulatory Impact Analysis available in the docket for this 
rulemaking.
---------------------------------------------------------------------------

    \9\ FAA Aerospace Forecast Fiscal Years 2019-2039, available at 
https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf. The forecast provides a 
base (i.e., likely) with high (or optimistic) and low (or 
pessimistic) scenarios. The low and high forecast scenarios are not 
symmetric around the base--please see the forecast report for more 
information.

 Table 2--Preliminary Estimates of Costs and Cost Savings of Proposed Rule ($Millions) * Base Scenario--Primary
                                                    Estimate
----------------------------------------------------------------------------------------------------------------
                                                      10-year                         10-year
            Affected entity/category               present value  Annualized (at   present value  Annualized (at
                                                      (at 3%)           3%)           (at 7%)           7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................         $145.87          $17.10         $117.48          $16.73
Remote ID USS Subscription......................          241.72           28.34          191.74           27.30
UAS Producers (US and Foreign)..................          134.58           15.78          111.58           15.89
Developers of Remote ID Means of Compliance.....            2.85            0.33            2.36            0.34
Remote ID USS Memoranda of Agreement............            1.60            0.19            1.43            0.20
Community Based Organizations...................            0.39            0.05            0.35            0.05
FAA Costs.......................................           56.96            6.68           50.33            7.17
                                                 ---------------------------------------------------------------
    Total Costs.................................          583.98           68.46          475.27           67.67
    Cost Savings (reduced hours for FAA                   (2.45)          (0.29)          (1.82)          (0.26)
     investigations)............................
                                                 ---------------------------------------------------------------
        Net Costs...............................          581.52           68.17          473.46           67.41
----------------------------------------------------------------------------------------------------------------
* Table notes: Column totals may not sum due to rounding and parenthesis, ``( )'', around numbers to indicate
  savings.

    The FAA expects this proposed rule will result in several important 
benefits and enhancements to support the safe integration of expanded 
UAS operations in the airspace of the United States. The proposal would 
provide situational awareness of UAS operations to other aircraft and 
airport operators. The proposed rule would provide information to 
distinguish compliant UAS users from those potentially posing a safety 
or security risk. The following table summarizes the benefits of the 
proposed rule.

              Table 3--Summary of Benefits of Proposed Rule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Safety and Security..........   Provides situational awareness
                                of UAS flying in the airspace of the
                                United States to other aircraft in the
                                vicinity of those operations and airport
                                operators.

[[Page 72450]]

 
                                Provides information to
                                distinguish compliant UAS users from
                                those potentially posing a safety or
                                security risk.
                                Enables the FAA, national
                                security agencies, and law enforcement
                                entities to obtain situational awareness
                                of UAS in the airspace of the United
                                States in near real-time.
                                Provides additional registration
                                and notification requirements for
                                identifying aircraft and promoting
                                accountability and the safe and
                                efficient use of the airspace of the
                                United States.
Enables Expanded Operations     Assists in the implementation of
 and UAS Integration.           operations of small UAS over people and
                                at night. A final rule for operation of
                                small UAS over people and at night is
                                contingent upon a final action for UAS
                                with remote identification being in
                                effect.
                                Provides UAS-specific data to
                                facilitate future, more advanced
                                operational capabilities, such as detect-
                                and-avoid and aircraft-to-aircraft
                                communications that support beyond
                                visual line of sight (BVLOS) operations.
                                Provides UAS-specific data to
                                develop a comprehensive UAS traffic
                                management (UTM) system that would
                                facilitate the safe expansion of
                                operations.
------------------------------------------------------------------------

    In addition, the proposed rule provides flexibility through minimum 
performance requirements that would accommodate future innovation and 
improve the efficiency of UAS operations. The proposal also does not 
preclude early compliance for UAS producers or operators to realize 
earlier expanded operations and commercial opportunities.

E. Structure of This Proposed Rule

    This proposed rule addresses remote identification of UAS from a 
number of perspectives: UAS owners, UAS operators, UAS designers and 
producers, developers of remote identification means of compliance, and 
Remote ID USS. The FAA recognizes that certain persons may only be 
interested in certain topics. Therefore, the following provides the 
structure of this proposed rule.
    Section II of this preamble discusses the FAA's legal authority for 
promulgating this proposed rule.
    Section III of this preamble discusses the integration of UAS into 
the airspace of the United States. The complexities surrounding the 
full integration of UAS into the airspace of the United States has led 
the FAA to engage in a phased, incremental, and risk-based approach to 
rulemaking based on the statutory authorities delegated to the agency.
    Section IV of this preamble discusses the need for remote 
identification of UAS operating in the airspace of the United States. 
The section addresses the role of the FAA as the United States civil 
aviation authority and air navigation service provider, current 
registration requirements and how those requirements do not provide 
information responsive to remote identification, current cooperative 
surveillance for manned aircraft, and the need for situational 
awareness. The section further explains how remote identification of 
UAS fits within the FAA's compliance and enforcement programs. The 
section describes how the FAA envisions remote identification may 
facilitate beyond visual line of sight (BVLOS) operations in the 
future. The potential benefits of remote identification of UAS to 
national security and law enforcement agencies are noted.
    Section V of this preamble discusses related international 
activities.
    Section VI of this preamble provides a summary of the Unmanned 
Aircraft Systems (UAS) Identification (ID) and Tracking Aviation 
Rulemaking Committee (ARC) (UAS-ID ARC) report and the FAA's response 
to that report.
    Section VII of this preamble discusses the new terms to be defined 
as part of this proposed rule.
    Section VIII of this preamble describes the applicability of the 
proposed rule. It also discusses the framework of the following 
sections: Operating requirements for UAS with remote identification, 
means of compliance, and design and production requirements.
    Section IX of this preamble discusses the current registration 
requirements for unmanned aircraft under part 47 and part 48 and the 
issues with the current registration requirements in light of the need 
for remote identification of UAS. The section also discusses the FAA's 
proposed revision of the registration requirements of part 48 to 
require the individual registration of unmanned aircraft and the 
proposed use of unmanned aircraft serial numbers as unique identifiers 
for remote identification purposes.
    Section X of this preamble explains the operating requirements 
related to remote identification of UAS. It describes the requirements 
for standard remote identification UAS and limited remote 
identification UAS. It also discusses the proposed requirements for UAS 
without remote identification. The section provides the proposed 
requirements to transmit and broadcast, as appropriate, message 
elements. It discusses the FAA's proposal to prohibit the use of ADS-B 
Out to satisfy remote identification of UAS. Finally, it discusses UAS 
operators' requirement to operate a UAS with remote identification only 
if that UAS is listed on a valid FAA-accepted declaration of 
compliance.
    Section XI of this preamble discusses law enforcement access to 
remote identification information.
    Section XII of this preamble discusses the FAA's proposed 
requirements for what an FAA-accepted means of compliance for remote 
identification would contain. The FAA is proposing that any FAA-
accepted means of compliance contain requirements regarding the message 
elements to be transmitted and the minimum performance requirements for 
the transmission and broadcast, as appropriate, of those elements. The 
section discusses the process to submit and have the FAA accept a means 
of compliance, and data retention requirements for submitters of means 
of compliance. The section also discusses other requirements the FAA 
considered in the development of this proposed rule.
    Section XIII of this preamble provides the proposed design and 
production requirements. It discusses the proposed requirement that 
producers of standard remote identification UAS and limited remote 
identification UAS issue serial numbers for UAS and that persons 
producing UAS with remote identification would be required to do so in 
accordance with the minimum performance requirements of the proposed 
rule using an FAA-accepted means of compliance. The section also 
describes the requirement for producers to submit a declaration of 
compliance, followed by a description of the process for FAA acceptance 
of declarations of compliance, rescission of those declarations, and 
the right of a 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 to petition 
for reconsideration of a rescission. Finally, the section discusses 
data retention requirements for producers submitting FAA-accepted 
declarations of compliance.
    Section XIV of this preamble discusses the role of Remote ID USS. 
The section describes the FAA's vision regarding the role of Remote ID 
USS in

[[Page 72451]]

providing remote identification services as well as how they will be 
established and what data provided to them will be publicly available. 
The section also describes the FAA's vision for data privacy and 
information security.
    Section XV of this preamble provides the overarching requirements 
for FAA-recognized identification areas to be used by UAS that cannot, 
or do not, comply with the proposed remote identification requirements.
    Section XVI of this preamble discusses the circumstances under 
which the use of ADS-B Out and transponders for UAS would be 
prohibited.
    Section XVII of this preamble provides the proposed effective dates 
and compliance dates.
    Section XVIII of this preamble discusses the proposed guidance 
documents.
    Sections XIX and XX of this preamble address the FAA's requirements 
to comply with various statutes and Executive Orders pertaining to all 
regulations.
    Section XXI of this preamble discusses the tribal considerations 
related to this proposed rule.
    Section XXII of this preamble discusses the privacy impact analysis 
the FAA conducted as part of this proposed rule.
    Section XXIII of this preamble provides additional information to 
persons wishing to provide comments to this proposed rule.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code (49 U.S.C.). Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the Agency's 
authority.
    This rulemaking is promulgated pursuant to 49 U.S.C. 40103(b)(1) 
and (2), which direct the FAA to issue regulations: (1) To ensure the 
safety of aircraft and the efficient use of airspace; and (2) to govern 
the flight of aircraft for purposes of navigating, protecting and 
identifying aircraft, and protecting individuals and property on the 
ground. In addition, 49 U.S.C. 44701(a)(5) charges the FAA with 
promoting safe flight of civil aircraft by prescribing regulations the 
FAA finds necessary for safety in air commerce and national security.
    Section 2202 of Public Law 114-190 requires the Administrator to 
convene industry stakeholders to facilitate the development of 
consensus standards for remotely identifying operators and owners of 
UAS and associated unmanned aircraft and to issue regulations or 
guidance based on any standards developed.
    The Administrator is granted the authority under 49 U.S.C. 44805 to 
establish a process for, among other things, accepting risk-based 
consensus safety standards related to the design and production of 
small UAS. Under 49 U.S.C. 44805(b)(7), one of the considerations the 
Administrator must take into account prior to accepting such standards 
is any consensus identification standard regarding remote 
identification of unmanned aircraft developed pursuant to section 2202 
of Public Law 114-190.
    Additionally, section 44809(f) of 49 U.S.C. provides that the 
Administrator is not prohibited from promulgating rules generally 
applicable to unmanned aircraft, including those unmanned aircraft 
eligible for the exception for limited recreational operations of 
unmanned aircraft. Among other things, this authority extends to rules 
relating to the registration and marking of unmanned aircraft and the 
standards for remotely identifying owners and operators of UAS and 
associated unmanned aircraft.
    The FAA has authority to regulate registration of aircraft under 49 
U.S.C. 44101-44106 and 44110-44113, which require aircraft to be 
registered as a condition of operation and establish the requirements 
for registration and registration processes.
    Finally, this rulemaking is promulgated under the authority 
described in 49 U.S.C. 106(f), which establishes the authority of the 
Administrator to promulgate regulations and rules, and 49 U.S.C. 
40101(d), which authorizes the FAA to consider in the public interest, 
among other things, the enhancement of safety and security as the 
highest priorities in air commerce, the regulation of civil and 
military operations in the interest of safety and efficiency, and 
assistance to law enforcement agencies in the enforcement of laws 
related to regulation of controlled substances, to the extent 
consistent with aviation safety.

III. Integration of UAS Into the Airspace of the United States

    The rapid proliferation of UAS has created significant 
opportunities and challenges for their integration into the airspace of 
the United States. The relatively low cost of highly capable UAS 
technology has allowed for hundreds of thousands of new operators to 
enter the aviation community.
    The complexities surrounding the full integration of UAS into the 
airspace of the United States have led the FAA to engage in a phased, 
incremental, and risk-based approach to rulemaking based on the 
statutory authorities delegated to the agency. On December 16, 2015, 
the FAA and DOT jointly published an interim final rule in the Federal 
Register titled Registration and Marking Requirements for Small 
Unmanned Aircraft (``Registration Rule''),\10\ which provided for a 
web-based aircraft registration process for small unmanned aircraft in 
14 CFR part 48, to serve as an alternative to the registration 
requirements for aircraft established in 14 CFR part 47. The 
Registration Rule imposed marking requirements on small unmanned 
aircraft registered under part 48 to display a unique identifier in a 
manner that is visible upon inspection. This unique identifier could be 
the registration number issued to an individual or to the aircraft by 
the FAA Registry or the small unmanned aircraft's serial number if 
authorized by the Administrator and provided with the application for 
the certificate of aircraft registration.
---------------------------------------------------------------------------

    \10\ 80 FR 78594.
---------------------------------------------------------------------------

    On June 28, 2016, the FAA and DOT jointly published the final rule 
for Operation and Certification of Small Unmanned Aircraft Systems 
(``The 2016 Rule'') in the Federal Register.\11\ This was an important 
step towards the integration of civil small UAS operations (for 
aircraft weighing less than 55 pounds) into the airspace of the United 
States. The 2016 Rule set the initial operational structure and certain 
restrictions to allow routine civil operations of small UAS in the 
airspace of the United States in a safe manner. Prior to the 2016 Rule, 
the FAA authorized commercial UAS operations, including real estate 
photography, precision agriculture, and infrastructure inspection, 
under section 333 of Public Law 112-95. Over 5,500 operators received 
this authorization. The FAA also issued over 900 Certificates of Waiver 
or Authorization (COA), allowing Federal, State, and local governments, 
law enforcement agencies, and public universities to perform numerous 
tasks with UAS, including search-and-rescue, border patrol, and 
research. The 2016 Rule allows for certain operations of small UAS in 
the airspace of the United States without the need for airworthiness 
certification, exemptions, or certificates of waiver or authorization.
---------------------------------------------------------------------------

    \11\ 81 FR 42064.

---------------------------------------------------------------------------

[[Page 72452]]

    The 2016 Rule also imposed certain restrictions on small UAS 
operations. The restrictions include a prohibition on nighttime 
operations, limitations on operations conducted during civil twilight, 
restrictions on operations over people, a requirement for all 
operations to be conducted within visual line of sight, and other 
operational, airspace, and pilot certification requirements. Since the 
rule took effect on August 29, 2016, most low-risk small UAS operations 
that were previously authorized on a case-by-case basis under Public 
Law 112-95 section 333 are now considered routine operations. These 
operations are now permitted within the requirements of part 107 
without further interaction with the FAA. Publishing Part 107 was the 
first significant regulatory step to enable lower risk, less complex 
UAS operations.
    Part 107 opened the airspace of the United States to the vast 
majority of routine small UAS operations, allowing flight within visual 
line of sight while maintaining flexibility to accommodate future 
technological innovations. Part 107 allows individuals to request 
waivers from certain provisions, including those prohibiting operations 
over people and beyond visual line of sight. Petitions for waivers from 
the provisions of part 107 must demonstrate that the petitioner has 
provided sufficient mitigations to safely conduct the requested 
operation.
    On October 5, 2018, Congress enacted Public Law 115-254, also known 
as the FAA Reauthorization Act of 2018. The FAA Reauthorization Act of 
2018 amended Part A of subtitle VII of title 49, United States Code by 
inserting a new chapter 448 titled Unmanned Aircraft Systems and 
incorporating additional authorities and mandates to support the 
further integration of UAS into the airspace of the United States, 
including several provisions that specifically deal with the need for 
remote identification of UAS. Section 376 of the FAA Reauthorization 
Act of 2018 requires the FAA to perform testing of remote 
identification technology and to assess the use of remote 
identification for the development of UTM.
    Additionally, congressional action supports the implementation of 
remote identification requirements for most UAS. Section 349 of the FAA 
Reauthorization Act of 2018 included a provision indicating that the 
Administrator is not prohibited from promulgating rules relating to the 
standards for remotely identifying owners and operators of UAS and 
associated unmanned aircraft.\12\ The provision denotes Congress's 
acknowledgment that remote identification is an essential part of the 
UAS regulatory framework. Section 349 also does not prohibit the 
Administrator from promulgating rules generally applicable to unmanned 
aircraft related to updates to the operational parameters for unmanned 
aircraft used for limited recreational operations, the registration and 
marking of unmanned aircraft, and other standards consistent with 
maintaining the safety and security of the airspace of the United 
States.\13\
---------------------------------------------------------------------------

    \12\ See 49 U.S.C. 44809.
    \13\ Id.
---------------------------------------------------------------------------

    Lastly, on February 13, 2019, the FAA published three rulemaking 
documents in the Federal Register as part of the next phase for 
integrating small UAS into the airspace of the United States. The first 
of such documents was an interim final rule titled ``External Marking 
Requirement for Small Unmanned Aircraft,'' \14\ in which the FAA 
required small unmanned aircraft owners to display the registration 
number assigned by the FAA on an external surface of the aircraft. The 
second rulemaking document was a notice of proposed rulemaking titled 
``Operation of Small Unmanned Aircraft Systems Over People,'' \15\ in 
which the FAA proposed to allow operations of small unmanned aircraft 
over people in certain conditions and operations of small UAS at night 
without obtaining a waiver. The third rulemaking document was an 
advance notice of proposed rulemaking titled ``Safe and Secure 
Operations of Small Unmanned Aircraft Systems,'' \16\ in which the FAA 
sought information from the public on whether and under which 
circumstances the FAA should promulgate new rules to require stand-off 
distances, additional operating and performance restrictions, the use 
of UAS Traffic Management (UTM), additional payload restrictions, and 
whether the agency should prescribe design requirements and require 
that unmanned aircraft be equipped with critical safety systems.
---------------------------------------------------------------------------

    \14\ 84 FR 3669.
    \15\ 84 FR 3856.
    \16\ 84 FR 3732.
---------------------------------------------------------------------------

IV. Need for Remote Identification of UAS Operating in the Airspace of 
the United States

A. Maintaining the Safety and Efficiency of the Airspace of the United 
States

    The FAA is both the civil aviation authority and the air navigation 
service provider (ANSP) for the United States. The FAA has statutory 
responsibilities to set standards and certify aircraft, airmen, and 
facilities. In addition, the FAA is responsible for ensuring the safe 
and efficient use of navigable airspace. The FAA carries out its 
responsibilities by developing air traffic rules, assigning the use of 
airspace, and controlling air traffic through a complex network of 
airport towers, air route traffic control centers, and flight service 
stations.
    The FAA is responsible for serving tens of thousands of commercial 
and private aircraft operating in 29 million square miles of airspace 
each day. Through its air traffic management (ATM) system, the FAA 
coordinates the movements of these aircraft to ensure they operate at 
safe distances from each other and manages disruptions to normal air 
traffic flow. The FAA's ability to manage air traffic in the airspace 
of the United States is predicated on the agency knowing who is 
operating in the airspace and, if necessary, on being able to 
communicate with those airspace users.
1. Existing Cooperative Surveillance System
    The ATM system relies on appropriately equipped aircraft to provide 
the surveillance services necessary to ensure the safety and efficiency 
of the airspace of the United States. In addition to ground-based 
equipment such as primary and secondary radar, participating aircraft 
use ATC transponders and ADS-B Out to participate in the ATM's 
cooperative surveillance environment. Transponders emit a radio 
frequency response when they are interrogated by ground-based secondary 
radar systems. Part of the response is the Mode 3/A code which is a 
four digit number ranging from 0000 to 7777 that allows ATC to identify 
aircraft under radar surveillance and correlate the target to a flight 
plan. Other information provides ATC with the location of the aircraft, 
which is shown on ATC radar displays. After January 1, 2020, aircraft 
will be required to equip with ADS-B Out to operate in certain 
airspace.
    Some UAS, such as those operating in Class A airspace, are already 
equipped with transponders and ADS-B Out and operate in accordance with 
existing rules. But for the majority of UAS, especially those operating 
at low altitudes, the existing cooperative surveillance system is not 
capable of providing the necessary services.
    Currently, there is no regulatory requirement mandating the remote 
identification of unmanned aircraft other than the existing equipment 
rules in part 91 for transponders that are applicable to aircraft in 
certain airspace and ADS-B Out, which will be required

[[Page 72453]]

for aircraft in certain airspace after January 1, 2020. Because the 
majority of UAS operations occur at low altitudes, the existing rules 
do not adequately provide for awareness of who is operating in the 
airspace. The FAA is therefore proposing to require the remote 
identification of UAS to enable the agency to identify unmanned 
aircraft flying in the airspace of the United States and locate the 
operators of those aircraft. Remote identification equipment would 
provide identifying information for UAS similar to how ADS-B and 
transponders provide identifying information for manned aircraft. This 
information would also be essential for the management of the flow of 
air traffic as more UAS integrate into the airspace of the United 
States.
    The FAA does not propose the use of transponders or ADS-B Out for 
remote identification for three primary reasons. First, the use of 
these technologies would require significant additional infrastructure, 
including radars and receivers, to cover the lower altitudes of the 
airspace of the United States where unmanned aircraft are expected to 
primarily operate. Second, the FAA expects that, due to the volume of 
unmanned aircraft operations projected, the additional radio frequency 
signals would saturate the available spectrum and degrade the overall 
cooperative surveillance system. Finally, transponders and ADS-B Out do 
not provide any information about the location of control stations, as 
these systems were designed for manned aircraft. For these reasons, the 
FAA has determined that existing cooperative surveillance systems are 
incapable of supporting UAS remote identification and is proposing a 
new cooperative surveillance technology specifically for UAS. However, 
the proposal does not prohibit the use of ADS-B In, if the ADS-B In 
equipment is manufactured and installed in accordance with FAA 
requirements and guidance.\17\
---------------------------------------------------------------------------

    \17\ See Advisory Circulars 20-172B and 90-114A.
---------------------------------------------------------------------------

2. Current Challenges With Associating UAS With Their Owners and 
Operators
    All manned aircraft, unmanned aircraft weighing over 0.55 pounds, 
and any unmanned aircraft operated pursuant to 14 CFR part 107 or part 
91 (irrespective of weight) are subject to FAA's aircraft registration 
and marking requirements. These requirements are the fundamental means 
for the FAA to physically identify manned and unmanned aircraft 
operating in the airspace of the United States and to associate them 
with their owners. The FAA recognizes that current registration and 
marking requirements are most useful when the aircraft is static or 
when information regarding the aircraft and its owner is needed without 
a direct link to the aircraft itself. In the case of unmanned aircraft 
in flight, however, registration and marking alone are insufficient to 
identify the aircraft and to locate the person manipulating the flight 
controls of a UAS. This is due to both the small size of most unmanned 
aircraft and to the fact that the person manipulating the flight 
controls of the UAS is not co-located with the aircraft. The 
Registration Rule acknowledged that the registration of small unmanned 
aircraft would provide a means by which to quickly identify the 
aircraft in the event of an incident or accident involving a small UAS. 
The Registration Rule also acknowledged that registration of small 
unmanned aircraft would provide an immediate and direct opportunity for 
the FAA to educate small UAS owners on safety requirements before they 
begin operating. The Registration Rule did not, however, envision the 
use of registration numbers as a means to identify or locate the small 
UAS owner or the person manipulating the flight controls of the UAS 
during real-time flight operations.
    The small size of most unmanned aircraft makes it difficult--if not 
impossible--to read their registration numbers from the ground, 
preventing proper identification of the unmanned aircraft while it is 
in flight. Although it is true that manned aviation faces similar 
identification issues (since aircraft registration marks may be 
impossible to read from the ground when the aircraft is flying at 
certain altitudes or speeds), there is an important distinction between 
manned and unmanned aviation that makes the inability to read a 
registration number from the ground less problematic in manned 
aviation. In manned aviation, the pilot-in-command is co-located with 
the aircraft and is therefore more easily identifiable, even if such 
identification occurs after landing.
    In addition, pilots of manned aircraft are often required to, or 
choose to, maintain two-way communications with air traffic control 
(ATC) for purposes of receiving air traffic services. This 
communication helps ascertain the identity and intent of the pilot in 
command. Furthermore, transponders and ADS-B Out systems transmit 
unique codes that allow ATC to identify and distinguish aircraft from 
others flying in the airspace of the United States, as discussed in the 
preceding section. These means of identification are not currently 
required or feasible for UAS. The challenge of identifying UAS would 
only increase with the proliferation of BVLOS operations--when pilots 
will likely be located far away from the unmanned aircraft location.
3. Situational Awareness
    The ability to know the location of unmanned aircraft operating in 
the airspace of the United States and to identify and locate their 
operators creates situational awareness of operations conducted in the 
airspace of the United States, fosters accountability of the operators 
and owners of UAS, and improves the capabilities of the FAA and law 
enforcement to investigate and mitigate careless, hazardous, and 
noncompliant operations. This contributes to safety in air commerce and 
the efficient use of the airspace of the United States.
    Remote identification would provide greater situational awareness 
of UAS operating in the airspace of the United States to other aircraft 
in the vicinity of those operations and also provide information to 
airport operators. Manned aircraft, especially those operating at low 
altitudes where UAS operations are anticipated to be the most 
prevalent, such as helicopters and agricultural aircraft, could carry 
the necessary equipment to display the location of UAS operating 
nearby. Facility operators could use remote identification information 
to know about UAS operating near an airport, airfield, or heliport, 
regardless of the airspace in which the facility is located. This would 
provide a level of awareness that is currently unavailable for those 
facilities and the aircraft operating nearby. For example, an aircraft 
preparing to take off from an airport in Class G airspace may have 
access to greater information (e.g., number and location of UAS, types 
of operations conducted in the airspace, etc.) than currently 
available.
4. Compliance and Enforcement
    The safety of the airspace of the United States largely depends on 
aircraft operators following the prescribed rules and being accountable 
for their actions. The FAA needs the ability to identify aircraft and 
their owners to ensure adequate oversight of the operations (e.g., 
facilitate the identification of noncompliant or unauthorized 
operations). When unsafe operations are discovered, the FAA is required 
to adequately address safety issues that may adversely affect the 
airspace of the United States as well as people and property on the 
ground. To accomplish this, the FAA needs a means

[[Page 72454]]

to locate UAS operators--in near real-time, if necessary--to take 
immediate or subsequent action to mitigate safety issues or security 
threats. Thus, the FAA believes that the remote identification 
requirements in this proposed rule are necessary to ensure the safety 
of the airspace of the United States.
    If an operator is unwilling or unable to comply with, or is 
deliberately flouting regulations, the FAA could employ legal 
enforcement action, including civil penalties and certificate actions, 
as appropriate, to address violations and help deter future violations. 
Civil penalties for violations of the federal aviation regulations 
range from a maximum per violation penalty of $1,466, for individual 
operators, to $33,333 for large companies. In addition, Congress 
granted the FAA authority to assess civil penalties of up to $20,000 
against an individual who operates a UAS and in so doing knowingly or 
recklessly interferes with a law enforcement, emergency response, or 
wildfire suppression activity. The FAA may take enforcement action 
against anyone who conducts an unauthorized UAS operation or operates a 
UAS in a way that endangers the safety of the airspace of the United 
States. This authority is designed to protect users of the airspace as 
well as people and property on the ground.

B. Unmanned Aircraft Systems Traffic Management (UTM)

    The FAA, in an effort to further integrate UAS into the airspace of 
the United States, is collaborating with other government agencies and 
industry stakeholders to develop unmanned aircraft systems traffic 
management (UTM) separate from, but complementary to, the ATM system. 
The term ``UTM'' refers to a set of third-party services and an all-
encompassing framework for managing multiple UAS operations. This 
vision for UTM includes services for flight planning, communications, 
separation, and weather, among others. The FAA believes that remote 
identification facilitates the long-term implementation of UTM by 
providing greater awareness of all aircraft, including unmanned 
aircraft, operating in a particular area. UTM would help enable 
increased UAS operations in both controlled and uncontrolled airspace, 
including airspace where no air traffic separation services are 
currently provided.
    The vision for UTM \18\ relies on third parties' ability to supply 
services, under FAA's regulatory authority, where such services do not 
currently exist. The FAA envisions community-based traffic management, 
where UAS operators have the responsibility for the coordination, 
execution, and management of a safe operating environment. UTM would be 
designed to support the demand and expectations for a broad spectrum of 
UAS operations with ever-increasing complexity and risk.
---------------------------------------------------------------------------

    \18\ https://utm.arc.nasa.gov/docs/2018-UTM-ConOps-v1.0.pdf
---------------------------------------------------------------------------

    The concept of UTM is predicated on layers of information sharing 
and exchange, from operator to operator, aircraft to aircraft, and 
operator to the FAA, to achieve safe operations. Operators would share 
their flight intent with each other and coordinate to de-conflict and 
safely separate trajectories. Remote identification is a crucial first 
step in the development of these UTM services.

C. Facilitating Beyond Visual Line of Sight Operations

    Providing a means to conduct routine BVLOS operations is a critical 
step in the integration of UAS operations in the airspace of the United 
States. The technologies and procedures necessary to enable BVLOS 
operations have been the focus of past and current research by the FAA 
and others.\19\ The research indicated that for UAS to conduct safe, 
routine BVLOS operation, UAS should be able to detect both cooperative 
and non-cooperative aircraft (manned and unmanned) so they can maintain 
a safe distance from those aircraft. Cooperative aircraft are those 
that are providing information that identifies the location of the 
aircraft, typically through a standardized and receivable electronic 
radio frequency broadcast or other type of transmission. Non-
cooperative aircraft are those that are not providing any information 
regarding their location.
---------------------------------------------------------------------------

    \19\ https://www.faa.gov/uas/programs_partnerships/integration_pilot_program/; https://www.faa.gov/uas/programs_partnerships/completed/; https://www.assureuas.org/projects/detectandavoid.php
---------------------------------------------------------------------------

    A UAS that broadcasts or transmits remote identification 
information would contribute to a cooperative operating environment. 
Operators of UAS could use remote identification information available 
from a Remote ID USS or broadcast directly from other unmanned aircraft 
to know the location of UAS operating nearby. Such data could be used 
in UAS detect-and-avoid and aircraft-to-aircraft communication systems 
to aid in unmanned aircraft collision avoidance. Under UTM, when the 
locations of other unmanned aircraft become known, the UAS operators 
would be able to maintain a safe distance from those aircraft.
    Although remote identification of UAS does not, in and of itself, 
permit BVLOS operations, it is a key stepping stone to the future 
ability to conduct those operations. Without remote identification of 
UAS, BVLOS operations on a large scale are not feasible, and the 
foundational building blocks of UTM--which is necessary to enable 
routine BVLOS operations--are not established.

D. National Security and Law Enforcement Efforts

    This proposed rule would serve the public interest by assisting 
government efforts to address illegal activity and protect national 
security. The safety and security benefits described in this section 
are consistent with the FAA's responsibilities to assist law 
enforcement agencies in their efforts to enforce laws related to 
regulation of controlled substances, to the extent consistent with 
aviation safety,\20\ and to prescribe regulations necessary for safety 
in air commerce and national security.\21\
---------------------------------------------------------------------------

    \20\ 49 U.S.C. 40101(d).
    \21\ 49 U.S.C. 44701(a)(5).
---------------------------------------------------------------------------

    Federal, State, and local law enforcement and national security 
agencies have expressed their desire for new regulations to reduce and 
address the security threats associated with illegal or threatening UAS 
operations as well as the ability to discriminate between compliant and 
non-compliant operations. The FAA recognizes the increasing 
availability and potential use of UAS for illegal activities such as 
the carrying and smuggling of controlled substances, illicit drugs, and 
other dangerous or hazardous payloads; the unlawful invasion of 
privacy; illegal surveillance and reconnaissance; the weaponization of 
UAS; sabotaging of critical infrastructure; property theft; disruption; 
and harassment. The misuse of UAS for these purposes presents a direct 
threat to public safety. Such misuse also presents a hazard to safety 
in air commerce. Such risks are multiplied with the increasing 
sophistication of technology, the availability of UAS equipment, and 
the proliferation of UAS operations across the airspace of the United 
States.
    Unmanned aircraft operators who know they cannot easily be 
identified are more likely to engage in careless, reckless, or 
dangerous behavior because they believe they will not be caught. These 
operators could engage in evasive maneuvering to avoid pursuit, violate 
airspace restrictions, engage in unauthorized night or BVLOS 
operations, fly too close to other aircraft,

[[Page 72455]]

or operate in weather conditions beyond the capability of the unmanned 
aircraft or the person flying it. Such behavior could create severe 
safety hazards not only to other manned and unmanned aircraft in the 
surrounding airspace, but also to persons and property on the ground.
    Additionally, UAS operators that do not comply with applicable law 
create a unique security challenge. On average, six sightings of UAS 
allegedly conducting unauthorized operations are reported to the FAA 
each day. Additionally, based on information provided by other U.S. 
Government agencies, there may be many additional UAS sightings 
involving unauthorized or illegal operations not reported to the FAA. 
Although collisions with aircraft are rare, there have been two 
confirmed unmanned aircraft collisions with manned aircraft: an Army 
Blackhawk helicopter in New York City in September 2017, and a small 
twin-engine passenger aircraft approaching Quebec City's Jean Lesage 
International Airport in October 2017. In all of these circumstances, 
remote identification could have enabled immediate identification of 
the UAS and enabled law enforcement to find the location of the control 
station for near real-time response and investigation.
    Owners of critical infrastructure, airports, and venues for mass 
gatherings have expressed concern over the security of their facilities 
after sightings of UAS of unknown identity and intent. Many sightings 
are at night, when it may be more difficult to see and identify the 
unmanned aircraft or find the operator. Owners and facility managers of 
sports stadiums and other open-air venues are particularly concerned, 
given the concentration of people present during an event. Malicious 
UAS activities designed to disrupt and gain media attention are a 
distinct threat with the potential to inflict delays, fear, injuries, 
and significant economic losses across a variety of critical 
infrastructure sectors, including airports, public facilities, and 
energy production infrastructure.
    On April 11, 2019, numerous spectators visually spotted a UAS 
operating during a Major League Baseball game.\22\ Although law 
enforcement were able to eventually identify the operator within 24 
hours due to a municipally-owned detection system, remote 
identification would likely have allowed them to find the operator and 
control station much more quickly and address the issue in real time. 
After law enforcement confiscated the UAS involved in the April 2019 
incident and were able to review its flight log, they learned that the 
operator had flown over a previous World Series game at the same 
stadium--violating an FAA Temporary Flight Restriction and numerous 
safety regulations.
---------------------------------------------------------------------------

    \22\ https://www.usatoday.com/story/sports/mlb/redsox/2019/04/13/drone-fenway-park-juvenile/3457190002/. Accessed June 11, 2019.
---------------------------------------------------------------------------

    A UAS that was not approved to operate over people was used to drop 
pamphlets over large crowds outside a concert venue and a university 
event in May, 2019, in Sacramento, California.\23\ This event was 
similar to two incidents in 2017 when a UAS was used to drop leaflets 
at two California National Football League games.\24\ Although security 
and law enforcement personnel at the stadium used rudimentary tactics 
to eventually identify the accused operator, the lack of remote 
identification made real-time location of the operator impossible.\25\ 
Security professionals have raised concerns that unmanned aircraft that 
have not been determined to be safe to fly over a large gathering of 
people may pose a safety hazard, and a UAS dropping objects could 
potentially pose a greater threat by releasing hazardous substances or 
creating a stampede of frightened spectators fleeing the area. Although 
social media postings helped identify the operator in some cases, such 
information rarely helps law enforcement officers address a potential 
threat in real time.
---------------------------------------------------------------------------

    \23\ https://www.newsweek.com/drone-used-drop-nazi-leaflets-ariana-grande-concert-sacramento-bites-bridge-1414933. Accessed June 
11, 2019.
    \24\ https://www.justice.gov/usao-ndca/pr/sacramento-area-resident-charged-flying-drone-over-nfl-games-violation-national-defense. Accessed June 10, 2019.
    \25\ Id.
---------------------------------------------------------------------------

    Multiple pilot reports of a UAS approximately 10 miles away from 
Newark Airport led to a disruption in arrivals in January 2019 that 
impacted other airports on the East Coast for several hours.\26\ The 
more than 30-hour disruption of flights at London's Gatwick Airport in 
December 2018,\27\ as well as brief disruptions at airports in 
Dubai,\28\ Dublin,\29\ and Frankfurt \30\ within the last year, further 
demonstrate the potential for significant operational and financial 
impact from the presence of an unauthorized UAS in and around an 
airport. UAS operators have not been identified in any of these airport 
events. Remote identification of UAS would potentially prevent 
disruptions such as these by enabling real time action by the FAA, 
airport facilities, and law enforcement.
---------------------------------------------------------------------------

    \26\ https://www.washingtonpost.com/transportation/2019/01/22/drone-activity-halts-air-traffic-newark-liberty-international-airport/?noredirect=on&utm_term=.c0e920a9e756. Accessed June 11, 
2019.
    \27\ https://www.theguardian.com/uk-news/2018/dec/21/gatwick-airport-reopens-limited-number-of-flights-drone-disruption. Accessed 
June 11, 2019.
    \28\ https://www.digitaljournal.com/tech-and-science/technology/q-a-recent-airport-shutdowns-need-drone-interdiction-technology/article/543680. Accessed June 11, 2019.
    \29\ https://dronelife.com/2019/02/22/flights-were-grounded-at-dublin-airport-after-another-drone-sighting/. Accessed June 11, 
2019.
    \30\ https://www.ecnmag.com/news/2019/03/drone-sightings-interrupt-germanys-frankfurt-airport. Accessed June 10, 2019.
---------------------------------------------------------------------------

    Remote identification would also aid in preventing terrorist 
attacks. Recent reports in the news including the Islamic State of Iraq 
and Ash-Sham's modifications of commercial UAS,\31\ the assassination 
attempt of Nicol[aacute]s Maduro in Venezuela,\32\ a foiled plot in the 
United Kingdom to fly an unmanned aircraft into an airliner,\33\ and a 
bomb-laden unmanned aircraft flown by Huthi forces and detonated over a 
military parade in Yemen \34\ illustrate the ways in which UAS may be 
used to threaten life, critical infrastructure, and national security. 
Remote identification of UAS would enable national security agencies 
and law enforcement to quickly identify potential threats and act to 
prevent such incidents.
---------------------------------------------------------------------------

    \31\ https://ctc.usma.edu/app/uploads/2018/07/Islamic-State-and-Drones-Release-Version.pdf. Accessed June 11, 2019.
    \32\ https://www.bbc.com/news/world-latin-america-45073385. 
Accessed June 9, 2019.
    \33\ https://www.dailystar.co.uk/news/latest-news/724185/Terror-drone-plot-Britain-UK-spies-foil. Accessed June 11, 2019.
    \34\ https://www.reuters.com/article/us-yemen-security/houthi-drones-kill-several-at-yemeni-military-parade-idUSKCN1P40N9. 
Accessed June 11, 2019.
---------------------------------------------------------------------------

    The use of UAS to smuggle contraband into correctional facilities 
is also increasingly common.\35\ Even inexpensive consumer-grade UAS 
models have sufficient payload and technical capabilities to carry 
illicit and dangerous items over prison walls. Recent efforts by law 
enforcement, for example, have included the investigation and 
prosecution of an individual who illegally operated a consumer-grade 
UAS with the intent to deliver contraband (marijuana) into a

[[Page 72456]]

Georgia state prison. The prosecution ultimately resulted in a guilty 
plea in the Middle District of Georgia to a charge of operating an 
aircraft eligible for registration knowing that the aircraft is not 
registered to facilitate a controlled substance offense. The defendant 
received a sentence of 48 months in prison.\36\ Remote identification 
will assist law enforcement in their efforts to find and stop operators 
who attempt to engage in similar conduct.
---------------------------------------------------------------------------

    \35\ https://www.washingtonpost.com/local/prisons-try-to-stop-drones-from-delivering-drugs-porn-and-cellphones-to-inmates/2016/10/12/645fb102-800c-11e6-8d0c-fb6c00c90481_story.html?utm_term=.22b0427db4d0. Accessed June 11, 
2019.
    \36\ https://www.justice.gov/usao-mdga/pr/illegal-drone-operator-sentenced-attempting-drop-drugs-georgia-state-prison.
---------------------------------------------------------------------------

    Four Federal departments \37\ have the authority to deploy counter-
UAS systems to detect and mitigate credible threats posed by UAS.\38\ 
Remote identification of UAS would provide these departments with 
increased awareness of UAS operations conducted across certain 
geographical areas of interest. That information would aid the 
determination of whether UAS represent a threat that must be met with 
counter-UAS capabilities. In particular, remote identification would 
provide these departments with crucial information about the owner of 
the UAS, and the control station's location in near real-time, 
supplementing and enriching information obtained via UAS detection 
capabilities. The FAA believes that the ability to identify the owner 
and the location of the control station would help these Federal 
agencies to more accurately assess risk and take action commensurate 
with that risk.
---------------------------------------------------------------------------

    \37\ Department of Defense, Department of Energy, Department of 
Homeland Security, and the Department of Justice.
    \38\ 10 U.S.C. 130i; 50 U.S.C. 2661; 6 U.S.C. 124n.
---------------------------------------------------------------------------

    In addition, certain public safety activities have been hampered by 
the inability to identify UAS and their locations. While there are 
numerous examples, in one case, a UAS interfered with a police 
helicopter assisting with a cliff rescue; \39\ in another case, a UAS 
interfered with a police helicopter assisting a fire response.\40\ In 
2017, a helicopter performing security for the United Nations General 
Assembly struck an unmanned aircraft, causing more than $100,000 worth 
of damage to the helicopter.\41\ Remote identification would enable the 
FAA, first responders, and law enforcement officers to more easily 
determine who is operating in the airspace, providing important 
information to help determine appropriate responses to ensure the 
safety and security of the airspace of the United States and the people 
on the ground.
---------------------------------------------------------------------------

    \39\ https://www.mercurynews.com/2017/01/30/pacifica-drone-operator-arrested-for-interfering-with-helicopter-rescue-mission/.
    \40\ https://www.nbcwashington.com/news/local/College-Park-Man-Arrested-For-Flying-Drone-Near-5-Alarm-Fire-Monday-420369903.html.
    \41\ https://www.reuters.com/article/us-usa-military-drone/u-s-probing-collision-between-civilian-drone-army-helicopter-idUSKBN1CA1Z0.
---------------------------------------------------------------------------

    Although Federal, State, and local law enforcement agencies are 
responsible for the investigation and prosecution of illegal 
activities, the FAA retains the regulatory and civil enforcement 
authority and oversight over aviation activities that create hazards 
and pose threats to the safety of flight in air commerce. Both safety 
and security enforcement are extremely difficult absent a remote 
identification requirement that enables the prompt and accurate 
identification of UAS and operators.

V. Related International Activities

    The International Civil Aviation Organization (ICAO) does not 
prescribe any remote identification equipage for UAS. However, as of 
the date of publication of this proposed rule, ICAO advisory groups are 
developing material addressing UTM and UAS operations under instrument 
flight rules (IFR). The European Union, the Direction 
G[eacute]n[eacute]rale de l'Aviation Civile (France Civil Aviation 
Authority), and the Civil Aviation Administration Denmark (Denmark 
Civil Aviation Authority) have also proposed various actions and 
advisory group activity for remote identification.
    With the exception of Italy and Qatar, no individual ICAO-member 
Civil Aviation Authority has remote identification requirements for 
UAS. The Italian Civil Aviation Authority requires aircraft with a 
maximum takeoff weight of more than 55 pounds (25kg) to have certain 
equipage that transmits flight parameters and owner/operator data. 
Aircraft compliant with these requirements must also meet data storage 
standards. The Qatar Civil Aviation Authority requires that certain UAS 
operations be conducted with prescribed geo-fencing and electronic 
identification systems.
    In May 2017, the European Commission published a notice of proposed 
amendment which included proposed rules for remote identification. That 
proposed amendment would require UAS to broadcast a unique physical 
serial number of the unmanned aircraft compliant with standard ANSI/
CTA-2063, the geographical position of the unmanned aircraft and its 
height above the takeoff point, the direction and speed of the unmanned 
aircraft, and the geographical position of the unmanned aircraft 
takeoff point. During the first half of 2019, the European Commission 
finalized and adopted the following rules for remote identification: 
(1) The Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 
on unmanned aircraft systems and on third-country operators of unmanned 
aircraft systems, and (2) the Commission Implementing Regulation (EU) 
2019/947 of 24 May 2019 on the rules and procedures for the operation 
of unmanned aircraft. The regulations address the design and 
operational requirements for unmanned aircraft and include a 
requirement for unmanned aircraft to be individually identifiable, but 
do not impose a European standard for remote identification.
    As adopted, the regulations require the local broadcast of 
information about an unmanned aircraft in operation, including the 
marking of the unmanned aircraft to demonstrate conformity with the 
applicable requirements, so that the information may be obtained 
without physical access to the unmanned aircraft. The remote 
identification requirements adopted by the European Commission include 
the following:
    (a) Allowing the upload of the UAS operator registration number in 
accordance with Article 14 of Implementing Regulation (EU) 2019/947 and 
exclusively following the process provided by the registration system;
    (b) Ensuring, in real time during the whole duration of the flight, 
the direct periodic broadcast from the unmanned aircraft using an open 
and documented transmission protocol, of the following data, in a way 
that they can be received directly by existing mobile devices within 
the broadcasting range:
    (1) the UAS operator registration number;
    (2) the unique physical serial number of the unmanned aircraft 
compliant with standard ANSI/CTA-2063;
    (3) the geographical position of the unmanned aircraft and its 
height above the surface or take-off point;
    (4) the route course measured clockwise from true north and ground 
speed of the unmanned aircraft; and
    (5) the geographical position of the remote pilot or, if not 
available, the take-off point.
    (c) Ensuring that the user cannot modify the data mentioned under 
paragraph (b)(2) through (5).

VI. Aviation Rulemaking Committee

    On July 15, 2016, Congress passed the FAA Extension, Safety, and 
Security Act of 2016 (Pub. L. 114-190). Pursuant to section 2202 of 
that Act, the Administrator and the Secretary were tasked with 
convening industry stakeholders to facilitate the development of 
consensus standards for

[[Page 72457]]

remotely identifying operators and owners of UAS and associated 
unmanned aircraft. As part of the standards development, the 
Administrator was directed to consider: (1) Requirements for remote 
identification of UAS; (2) requirements for different classifications 
of UAS; and (3) the feasibility of the development and operation of a 
publicly accessible online database of unmanned aircraft and operators, 
and criteria for exclusion from the database.
    To comply with the Congressional mandate, on May 4, 2017, the 
Administrator chartered the Unmanned Aircraft Systems (UAS) 
Identification (ID) and Tracking Aviation Rulemaking Committee (ARC) 
(UAS-ID ARC) to inform the FAA on technologies available for remote 
identification and tracking of UAS and to make recommendations for how 
remote identification and tracking could be implemented.\42\ The FAA 
charged the UAS-ID ARC with the following three objectives:
---------------------------------------------------------------------------

    \42\ The UAS-ID ARC was composed of 74 members representing 
aviation community and industry member organizations, law 
enforcement agencies and public safety organizations, manufacturers, 
researchers, and standards bodies that are involved in the promotion 
and production of UAS and in addressing security issues surrounding 
the operation of UAS.
---------------------------------------------------------------------------

     Identify, categorize, and recommend available and emerging 
technology for the remote identification and tracking of UAS.
     Identify the requirements for meeting the security and 
public safety needs of the law enforcement, homeland defense, and 
national security communities for the remote identification and 
tracking of UAS.
     Evaluate the feasibility and affordability of available 
technical solutions, and determine how well those technologies address 
the needs of the law enforcement and air traffic control communities. 
Develop evaluation criteria and characteristics for making decisions, 
and rate the available technical solutions provided.
    The Administrator was also tasked with submitting a report to 
Congress regarding any standards developed and issuing regulations 
based on the standards developed. On June 30, 2017, the Administrator 
sent a letter to the Chairman of the Commerce, Science, and 
Transportation Committee detailing the FAA's considerations and efforts 
in supporting the development and implementation of Remote ID 
standards.

A. ARC Recommendations Final Report

    The members of the UAS-ID ARC were organized into working groups. 
Working Group One (WG1) was tasked with identifying, categorizing, and 
recommending available and emerging technologies for the remote 
identification and tracking of UAS. WG1 identified and analyzed eight 
viable technology solutions, falling into two broad categories: (1) 
Direct broadcast solutions; and (2) network publishing solutions.\43\ A 
detailed discussion of the eight viable technology solutions, as well 
as tables summarizing WG1's analysis of those solutions can be found in 
the ARC Recommendations Final Report (Recommendations Report), 
available in the docket for this rulemaking.
---------------------------------------------------------------------------

    \43\ The eight viable technology solutions WG1 identified are: 
(1) Automatic Dependent Surveillance Broadcast (ADS-B); (2) Low 
Power Direct RF; (3) Networked Cellular; (4) Satellite; (5) SW-based 
Flight Notification with Telemetry; (6) Unlicensed Integrated C2; 
(7) Physical Indicator; and (8) Visual Light Encoding.
---------------------------------------------------------------------------

    Working Group Two (WG2) was tasked with identifying the 
requirements for meeting the security and public safety needs of the 
law enforcement, homeland defense, and national security communities 
for the remote identification and tracking of UAS. WG2 identified two 
general categories of UAS ID and tracking needs: (1) Incident 
investigation; and (2) active monitoring of heightened awareness areas. 
To achieve the goals of both categories, WG2 determined that all UAS 
meeting certain threshold requirements would need to be tracked, 
whether passively or actively, from commencement to termination of each 
operation.\44\ WG2 further concluded that information regarding the 
position of the aircraft, the location of the control station, and the 
identity of the remote pilot would help maintain a safe and secure 
environment for the general public and public safety officials.
---------------------------------------------------------------------------

    \44\ WG2 determined that UAS with either of the following 
characteristics should be required to comply with remote 
identification and tracking requirements: (1) Those that have the 
ability to navigate between more than one point without direct and 
active control of the pilot; or (2) those that have a range from 
control station greater than 400 feet and real-time remotely 
viewable sensor.
---------------------------------------------------------------------------

    The working groups presented their findings and conclusions to the 
full UAS-ID ARC for consideration in making its recommendations. The 
UAS-ID ARC submitted its Recommendations Report to the FAA on September 
30, 2017. Although some decisions were not unanimous, the ARC reached 
general agreement on many of its recommendations.\45\
---------------------------------------------------------------------------

    \45\ Appendix D of the ARC's Recommendations Report contains 
dissenting opinions submitted by ARC members, as well as a chart 
showing a breakdown of how ARC members voted on the final report. 
The Recommendations Report is available in the docket for this 
rulemaking.
---------------------------------------------------------------------------

1. Applicability of Remote ID and Tracking Requirements
    In its Recommendations Report, the ARC presented two options for an 
applicability threshold for the ID and tracking requirements and 
recommended the FAA give due consideration to both of those options.
    Option 1: All UAS are required to comply with remote identification 
and tracking requirements except under any of the following 
circumstances:
     The unmanned aircraft is operated within visual line of 
sight of the remote pilot and is designed to not be capable of flying 
beyond 400 feet of the remote pilot.\46\
---------------------------------------------------------------------------

    \46\ The ARC noted that it is not intending to encompass drone 
racing at very low altitudes on a closed course that may be 
authorized by operation, by location, or some other mechanism.
---------------------------------------------------------------------------

     The unmanned aircraft is operated in compliance with 14 
CFR part 101, unless the unmanned aircraft:
    [cir] Is equipped with advanced flight systems technologies that 
enable the aircraft to navigate from one point to another without 
continuous input and direction from the remote pilot.
    [cir] Is equipped with a real-time downlinked remote sensor that 
provides the remote pilot the capability of navigating the aircraft 
beyond visual line of sight of the remote pilot.
     The UAS is operated under ATC and contains the equipment 
associated with such operations (including ADS-B, transponder, and 
communication with ATC).
     The UAS operation is exempt from ID and tracking 
requirements by the FAA (e.g., for the purposes of law enforcement, 
security or defense, or under an FAA waiver).
    Option 2: UAS with either of the following characteristics are 
required to comply with remote identification and tracking 
requirements:
     Ability of the aircraft to navigate between more than one 
point without direct and active control of the pilot.
     Range from control station greater than 400 feet and real-
time remotely viewable sensor.
    The ARC also recommended that, regardless of which option for 
applicability the FAA chooses, UAS operating under the following 
circumstances be exempt from the remote identification and tracking 
requirement:
     The UAS is operated under ATC and contains the equipment 
associated with such operations (including ADS-B, transponder, and 
communication with ATC).
     The UAS operation is exempt from ID and tracking 
requirements by the

[[Page 72458]]

FAA (e.g., for the purposes of law enforcement, security or defense, or 
under an FAA waiver).
    The ARC further recommended the FAA do the following regarding the 
applicability of remote identification and tracking requirements:
     Include a waiver mechanism in the remote identification 
and tracking rule.
     Apply the remote identification and tracking requirements 
to the remote pilot, not to the manufacturer of the UAS.
     Require manufacturers to label their products to indicate 
whether they are capable of meeting applicable remote identification 
and tracking requirements.
     Consider whether unmanned aircraft equipped with advanced 
flight system technologies that are strictly for safety purposes and 
that keep the aircraft within visual line of sight of the remote pilot, 
such as a ``return to home'' feature, should be exempt from remote 
identification and tracking requirements, provided the safety features 
cannot be readily altered or reprogrammed.
    Some ARC members objected to both of the applicability options 
presented in the Recommendations Report, favoring instead a weight-
based threshold for applicability, with remote identification and 
tracking requirements applying to any UAS or model aircraft weighing 
250 grams or more. These members also argued that there should be no 
exemption from the remote identification and tracking requirements for 
unmanned aircraft operated in compliance with part 101 (i.e., model 
aircraft).\47\
---------------------------------------------------------------------------

    \47\ Section 336 of Public Law 112-95, the underlying authority 
for 14 CFR part 101 Subpart E- Special Rule for Model Aircraft, was 
repealed by section 349 of the FAA Reauthorization Act of 2018, 
Public Law 115-254.
---------------------------------------------------------------------------

2. Method To Provide Remote ID and Tracking Information
    The ARC recommended two methods for UAS to provide remote 
identification and tracking information: (1) Direct broadcast; and (2) 
network publishing to an FAA-approved internet-based database. With 
regard to direct broadcast capabilities, the ARC recommended the FAA 
adopt an industry standard for data transmission, which may need to be 
created, to ensure unmanned aircraft equipment and public safety 
receivers are interoperable, as public safety officials may not be able 
to equip with receivers for all possible direct broadcast technologies. 
With regard to network publishing, the ARC recommended that information 
held by Third Party Providers (TPP) or UAS Service Suppliers (USS) be 
governed by restrictive use conditions imposed on the TPP/USS related 
to the use and dissemination of any data and information collected.
3. Tiered Approach to Remote ID and Tracking Requirements
    The ARC recommended the following tiered approach to direct 
broadcast and network publishing requirements:
     Tier 1--Direct broadcast (locally) or Network publish: UAS 
in this tier would be required to direct broadcast both ID and tracking 
information so that any compatible receiver nearby can receive and 
decode the ID and tracking data. If a network is available, network 
publishing to an FAA-approved internet-based database satisfies this 
requirement. A UAS would fall into Tier 1 if it does not qualify for an 
exemption from remote identification and tracking requirements (exempt 
UAS are referred to as Tier 0) and does not meet the conditions for 
Tier 2 or Tier 3. For example UAS conducting most part 107 operations 
would fit into Tier 1.
     Tier 2--Direct broadcast (locally) and Network publish: 
UAS in this tier would be required to broadcast (locally) ID and 
tracking data and network publish ID and tracking data to an FAA-
approved internet-based database. An example of UAS that may fall into 
Tier 2 would be UAS that are conducting waivered operations that 
deviate from certain part 107 operating rules, and where the FAA 
determines that Tier 2 ID and tracking are required as a condition of 
the waiver.
     Tier 3--Flight under part 91 rules: UAS in this tier would 
have to adhere to the rules of manned aircraft as defined in 14 CFR 
part 91. This tier is intended for aircraft that are integrated into 
the manned aircraft airspace. An example of UAS that may fall into Tier 
3 are those whose unmanned aircraft weighs above 55 pounds and 
operating BVLOS, in IFR conditions, or operating in controlled 
airspace.
4. Stages of Implementation of Remote ID and Tracking Rule
    The ARC recommended the following three stages for implementing a 
remote identification and tracking rule:
     Pre-rule--Broaden UAS safety education efforts and 
continue the UAS detection pathway research with industry stakeholders.
     Before final rule is enacted--Work to scope standards 
needed to enable direct broadcast and network publishing technologies 
for implementing the remote identification and tracking requirement on 
new equipment and existing equipment; ensure that standards for ID and 
tracking technology move forward at a rapid pace; and work closely with 
industry stakeholders on developing the ideal architecture for the PII 
System.\48\
---------------------------------------------------------------------------

    \48\ The ARC report defines ``PII System'' as follows: ``PII 
System includes processes and technology (direct broadcast or 
network publishing) that enables approved users to associate UAS ID 
with the FAA System of Records. This system would include the 
database where remote pilot/owner/operator PII [personally 
identifiable information] is housed for access by authorized 
users.''
---------------------------------------------------------------------------

     After final rule enacted--Allow a reasonable grace period 
to carry out retrofit of UAS manufactured and sold within the United 
States before the final rule (with grace period ending) when retrofit 
options are inexpensive and easy to implement.\49\
---------------------------------------------------------------------------

    \49\ The FAA notes that the ARC only discussed establishing a 
grace period for implementation of remote identification. The ARC 
did not discuss or address grandfathering of existing UAS.
---------------------------------------------------------------------------

5. Minimum Data Requirements for Remote ID and Tracking
    The ARC recommended a set of minimum data requirements for remote 
identification and tracking of UAS. Under the ARC's recommendation, 
availability of the following types of data related to the unmanned 
aircraft or associated control station would be required: (1) Unique 
identifier of the unmanned aircraft; (2) tracking information for the 
UAS; and (3) identifying information of the UAS owner and remote pilot. 
Availability of the following types of data related to the unmanned 
aircraft or associated control station would be optional: (1) Mission 
type; (2) route data; and (3) operating status of the unmanned 
aircraft. The ARC also recommended that the specific data elements to 
be provided by the UAS operator should vary depending on the nature of 
the operation. Finally, the ARC recommended that some data elements be 
provided prior to flight (e.g., via the internet), while other data 
elements be provided in real-time while the UAS is in flight.
6. ATC Interoperability
    With respect to ATC interoperability with the remote identification 
and tracking system, the ARC recommended the following:
     The FAA should identify whether BVLOS operations would 
routinely occur without an IFR flight plan, and if so, under what 
operational conditions.
     Any proposal for using ADS-B frequencies in the solution 
for UAS ID and tracking would have to be analyzed for the impact on the 
performance of current and future Secondary Surveillance Radar (SSR), 
Airborne

[[Page 72459]]

Collision Avoidance System (ACAS), and ADS-B.
     The UAS ID and tracking system should interoperate with 
the ATC automation such that target information from the ID and 
tracking ground system, including ID and position, can be passed to ATC 
automation.
     FAA automation should by default filter out UAS ID and 
tracking system targets from the ATC display that fall outside of 
adapted airspace deemed to be of interest to ATC.
     FAA automation and the UAS ID and tracking system should 
be able to display designated UAS targets of interest to ATC personnel.
7. Airports and Critical Infrastructure
    The ARC recommended the FAA do the following related to airports 
and critical infrastructure:
     Incorporate implementation costs of critical 
infrastructure facilities into rulemaking analysis.
     Identify an approach and timeline to designating approved 
technologies for airports and critical infrastructure facilities, and 
address any legal barriers to implementing approved technologies.
     Provide guidance to airports on any impact or interference 
to safe airport operations including how UAS ID and tracking may impact 
definition of UAS Facility Maps, security procedures, and risk 
assessments of UAS operations.
8. Related Issues
    Finally, the ARC identified related issues it determined could have 
an impact on the implementation of effective UAS ID and tracking 
solutions, and recommended the following for FAA's consideration:
     Access to data related to direct broadcast and network 
publishing--The FAA should implement three levels of access to the 
information that is either broadcast or captured and contained in the 
appropriate database: (1) Information available to the public (the 
unmanned aircraft unique identifier); (2) information available to 
designated public safety and airspace management officials (personally 
identifiable information (PII)); and (3) information available to the 
FAA and certain identified Federal, State, and local agencies (all 
relevant tracking data).
     PII--The United States government should be the sole 
keeper of any PII collected or submitted in connection with new UAS ID 
and tracking requirements.
     Governmental UAS Operations--The remote identification and 
tracking system should include reasonable accommodations to protect the 
operational security of certain governmental UAS operations.

B. FAA Response to ARC Report

    The ARC was tasked with considering both identification and 
tracking of UAS; however, the ARC did not provide any specific 
recommendations related to tracking of UAS. The FAA has developed this 
proposed rule to require only the identification of UAS. Although the 
FAA is not proposing any requirements related to the use of remote 
identification information for tracking UAS, the FAA acknowledges that 
third parties could potentially track UAS operations in the airspace of 
the United States by developing systems that use information provided 
to Remote ID USS or through broadcasts. Similar third party 
applications exist today, such as FlightAware and Flightradar24, that 
track and display information about manned aircraft operations in the 
airspace of the United States.
    Although there was general agreement that certain UAS operations 
should be excluded from a remote identification requirement, the ARC 
did not reach consensus on the applicability of such a requirement. The 
ARC's two recommended approaches would have provided for significant 
numbers of UAS without remote identification.\50\ The FAA believes that 
there is a need to identify as many UAS as possible because a 
comprehensive approach increases the usefulness of a remote 
identification system. Moreover, some of the ARC's applicability 
recommendation hinged on whether the UAS in question would have certain 
sensor capabilities. After consideration, the FAA determined that the 
sensor capabilities of a particular UAS should not be a factor in 
determining whether the aircraft should have remote identification. UAS 
without sensor capabilities can still be operated in a manner that may 
pose a threat to public safety, national security, and the safety and 
efficiency of the airspace of the United States and therefore the FAA 
determined that this recommendation would not meet the objective of 
this proposed rule. Accordingly, the FAA is proposing that the majority 
of UAS should have remote identification, regardless of the sensors 
installed on the unmanned aircraft. However, the FAA acknowledges that 
remote identification is not necessary for certain UAS operations 
conducted in an FAA-recognized identification area.
---------------------------------------------------------------------------

    \50\ The ARC recommended the following options:
    Option 1:
    Except for those members who strongly favor a weight-based 
threshold for applicability and those members who strongly oppose an 
exemption for model aircraft operated in compliance with 14 CFR part 
101 . . ., the ARC recommends that all UAS be required to comply 
with remote ID and tracking requirements except under the following 
circumstances:
    1. The unmanned aircraft is operated within visual line of sight 
of the remote pilot and is not designed to have the capability of 
flying beyond 400' of the remote pilot.
    2. The unmanned aircraft is operated in compliance with 14 CFR 
part 101, unless the unmanned aircraft:
    a. Is equipped with advanced flight systems technologies that 
enable the aircraft to navigate from one point to another without 
continuous input and direction from the remote pilot.
    b. Is equipped with a real-time downlinked remote sensor that 
provides the remote pilot the capability of navigating the aircraft 
beyond visual line of sight of the remote pilot.
    3. The UAS is operated under ATC and contains the equipment 
associated with such operations (including ADS-B, transponder, and 
communication with ATC).
    4. The UAS operation is exempt from ID and tracking requirements 
by the FAA (e.g., for the purposes of law enforcement, security or 
defense, or under an FAA waiver).
    Option 2:
    Except for those members who strongly favor a weight-based 
threshold for applicability . . ., the ARC recommends UAS with 
either of the following characteristics must comply with remote ID 
and tracking requirements:
    1. Ability of the aircraft to navigate between more than one 
point without direct and active control of the pilot.
    2. Range from control station greater than 400' and real-time 
remotely viewable sensor.
    The ARC further recommends that UAS operating under the 
following circumstances be exempt from the remote ID and tracking 
requirement:
     The UAS is operated under ATC and contains the 
equipment associated with such operations (including ADS-B, 
transponder, and communication with ATC).
     The UAS operation is exempt from ID and tracking 
requirements by the FAA (e.g., for the purposes of law enforcement, 
security or defense, or under an FAA waiver).
---------------------------------------------------------------------------

    The FAA acknowledges the dissenting opinion within the ARC 
regarding using weight as the sole determinant of whether an unmanned 
aircraft should be required to have remote identification. While an 
exclusion to any remote identification requirement based on weight or 
operational performance could make sense from a law enforcement and 
security perspective, the same cannot be said from the perspective of 
the overall safety of the airspace of the United States. Because remote 
identification could be used in the near term to provide situational 
awareness, and because remote identification would ultimately be a 
foundational element of a UTM system, it is important for most UAS 
operated in the airspace of the United States to comply with the remote 
identification requirements.
    The FAA does not believe that weight alone should be the 
determining factor

[[Page 72460]]

for whether a UAS is required to comply with remote identification. UAS 
may be used in a wide variety of types of operations that may present a 
range of safety and security risks, regardless of the weight of the 
unmanned aircraft. The FAA believes that the remote identification 
requirement should be tied to the unmanned aircraft registration 
requirement because the FAA, national security agencies, and law 
enforcement agencies have a need to correlate remote identification and 
registration data. If an unmanned aircraft is required to be 
registered, or its owner chooses to register the unmanned aircraft, 
then the UAS would have to comply with remote identification. 
Accordingly, under current regulations unmanned aircraft weighing less 
than 0.55 pounds would not be required to comply with the remote 
identification requirements unless they are registered under part 47 or 
part 48 (e.g., to comply with the operating requirements of part 91 or 
part 107). Changes to the registration requirements in part 47 or part 
48 (e.g., to require unmanned aircraft weighting less than 0.55 pounds 
to register) would have a direct impact on which UAS would have to 
comply with remote identification.
    The FAA does not agree with the recommendation that model aircraft, 
referred to throughout this proposal as limited recreational operations 
for consistency with 49 U.S.C. 44809, should be excluded from the 
remote identification requirements. Unmanned aircraft used in limited 
recreational operations required to register under part 47 or part 48 
would be subject to the proposed remote identification requirement. The 
agency is, however, proposing a means for such aircraft to operate 
without remote identification equipment. Under the proposed rule, UAS 
would be permitted to operate without remote identification equipment 
if they are operated within visual line of sight and within an FAA-
recognized identification area.
    The FAA agrees with the ARC's recommendation for the methods of 
transmission for the remote identification message elements. The FAA 
agrees that requiring the broadcasting of messages directly from the 
unmanned aircraft and the transmission of messages over the internet is 
an appropriate approach because it provides a more complete picture of 
unmanned aircraft in the airspace of the United States. Moreover, this 
would support the development of UTM. Thus, the FAA proposes to require 
both the broadcast of the message elements and their transmission 
through the internet to a Remote ID USS for standard remote 
identification UAS.
    Regarding the ARC's recommendation for a tiered approach for remote 
identification, the FAA agrees that some UAS, depending on their 
capabilities, may meet the intent of this proposed rule by only 
transmitting through the internet to a Remote ID USS. To accommodate 
these types of UAS, the FAA is proposing that a limited remote 
identification unmanned aircraft that is designed to operate no more 
than 400 feet from its control station be required to transmit 
information regarding the control station only. Standard remote 
identification UAS would be required to broadcast and transmit the 
remote identification message elements for both the unmanned aircraft 
and the control station.
    The ARC identified a range of 400 feet as the maximum distance that 
an unmanned aircraft could be operated from its control station where a 
law enforcement officer could reasonably locate and identify the 
operator of the unmanned aircraft by visual means only. The FAA agrees 
with the ARC determination that 400 feet is a reasonable distance for 
visually associating an unmanned aircraft with the location of its 
control station, and has included a 400-foot range limitation in the 
requirements for limited remote identification UAS.
    The FAA agrees with some of the ARC's recommendations related to 
the transmission of message elements. Specifically, the FAA agrees that 
a unique identifier should be broadcast or transmitted, as appropriate, 
and be part of the unmanned aircraft's Certificate of Aircraft 
Registration. The FAA also agrees that the location of the unmanned 
aircraft and the control station should be broadcast or transmitted, as 
appropriate. However, the FAA is not proposing for the identity of the 
owner of the UAS to be included in the message elements, because the 
message elements would generally be available to the public. The 
message elements that the FAA is proposing are the minimum necessary to 
achieve the FAA's safety and security goals while avoiding potential 
privacy concerns. UAS owner information would still be available to the 
FAA and law enforcement because the FAA would retain the ability to 
correlate the unmanned aircraft's unique identifier with the unmanned 
aircraft's registration information.
    The ARC also recommended a number of message elements that could be 
optionally transmitted. The FAA concurs with the ARC's recommendation 
to include the emergency status of the UAS, which could include lost-
link or downed aircraft, as part of the remote identification message 
elements, and therefore proposes to include it as a requirement of the 
proposed rule. This proposed rule does not preclude broadcasting or 
transmitting information, as appropriate in addition to the minimum 
required message elements, although any additional message elements 
would have to be incorporated as a part of an FAA-accepted means of 
compliance.
    The FAA disagrees with the ARC's recommendation that the 
identifying information required to be transmitted would be based on 
the type of operation. The FAA believes that all of the message 
elements proposed should be broadcast or transmitted, as appropriate, 
by a UAS from takeoff to landing, regardless of the type of operation 
being conducted. By requiring the broadcast or transmission, as 
appropriate, of all message elements from takeoff to landing, the FAA 
is able to garner basic remote identification information that 
contributes to the development and operation of comprehensive UTM and 
ultimately enhances the safety and security of the airspace of the 
United States.
    The FAA agrees with the ARC that the UAS operator should be 
responsible for ensuring that his or her UAS complies with the remote 
identification requirements. Ultimately, it would be the operator's 
responsibility to operate in compliance. That said, the FAA understands 
that responsibility for meeting UAS design and production requirements 
should not fall on UAS operators. Accordingly, the FAA is proposing 
requirements for UAS producers to ensure that UAS are designed and 
produced in a way that ensures reliable functionality of the remote 
identification equipment with minimal additional responsibilities for 
the UAS operator.
    The FAA concurs with the ARC's recommendation that manufacturers 
label UAS to indicate that they comply with the requirements being 
proposed in this rule, and is proposing that all producers of standard 
remote identification UAS and limited remote identification UAS label 
their unmanned aircraft accordingly. The FAA believes that a labeling 
requirement would communicate to prospective operators, after-market 
purchasers, law enforcement, and other persons whether a UAS complies 
with

[[Page 72461]]

the remote identification requirements.\51\
---------------------------------------------------------------------------

    \51\ In addition to the ARC feedback, during the development of 
this NPRM, the FAA received two letters specific to remote 
identification of UAS, one from the Academy of Model Aeronautics and 
the other from the Small UAV Coalition. Both letters provided their 
respective organizations' views on the policies that the FAA should 
propose in this rule. Neither of these letters were considered in 
the development of this rule. Both letters have been placed in the 
docket for this rulemaking.
---------------------------------------------------------------------------

VII. Terms Used in This Proposed Rule

    The FAA is proposing to define a number of new terms to facilitate 
the implementation of remote identification of UAS.
    In part 1, definitions and abbreviations, the FAA is proposing to 
add definitions of unmanned aircraft system, unmanned aircraft system 
service supplier, and visual line of sight to Sec.  1.1.
    The FAA is proposing that unmanned aircraft system (UAS) means an 
unmanned aircraft and its associated elements (including communication 
links and the components that control the unmanned aircraft) that are 
required for the safe and efficient operation of the unmanned aircraft 
in the airspace of the United States.
    The FAA is proposing that unmanned aircraft system service supplier 
means a person qualified by the Administrator to provide aviation-
related services to unmanned aircraft systems.
    The FAA is proposing that visual line of sight means the ability of 
a person manipulating the flight controls of the unmanned aircraft or a 
visual observer (if one is used) to see the unmanned aircraft 
throughout the entire flight with vision that is unaided by any device 
other than corrective lenses.
    The FAA recognizes that the term visual line of sight is already 
used in part 107. The term is specifically described in Sec.  
107.31(a). However, the FAA believes that providing a definition in 
Sec.  1.1 would ensure that the term is used consistently throughout 
all FAA regulations. Therefore, the FAA is proposing to use the 
description of visual line of sight contained in Sec.  107.31, without 
the part 107-specific regulatory requirements, as the basis for the 
definition of the term visual line of sight in Sec.  1.1.\52\ To 
account for the use of the term in proposed part 89 and the potential 
use of the term in other parts of 14 CFR, the FAA is proposing to 
include a slightly modified version of the description used in part 
107. Part 107 remote pilots and visual observers would still be bound 
by the specific provisions of Sec.  107.31 absent a waiver.
---------------------------------------------------------------------------

    \52\ In relevant part, 14 CFR 107.31(a) describes visual line of 
sight as with vision that is unaided by any device other than 
corrective lenses, the remote pilot in command, the visual observer 
(if one is used), and the person manipulating the flight control of 
the small unmanned aircraft system must be able to see the unmanned 
aircraft throughout the entire flight in order to: (1) Know the 
unmanned aircraft's location; (2) Determine the unmanned aircraft's 
attitude, altitude, and direction of flight; (3) Observe the 
airspace for other air traffic or hazards; and (4) Determine that 
the unmanned aircraft does not endanger the life or property of 
another.
---------------------------------------------------------------------------

    In Sec.  1.2, abbreviations and symbols, the FAA is proposing to 
add the abbreviation USS to mean an Unmanned Aircraft System Service 
Supplier.
    The FAA is proposing to add a new part 89, Remote Identification of 
Unmanned Aircraft Systems, to title 14, chapter I, subchapter F, Air 
Traffic and General Operating Rules. In part 89, Sec.  89.1, the FAA is 
proposing to include the following definitions:
    Amateur-built unmanned aircraft system means an unmanned aircraft 
system the major portion of which has been fabricated and assembled by 
a person who undertook the construction project solely for their own 
education or recreation.\53\
---------------------------------------------------------------------------

    \53\ As currently proposed, amateur-built UAS would not include 
unmanned aircraft kits where the majority of parts of the UAS are 
provided to the operator as a part of the sold product.
---------------------------------------------------------------------------

    Broadcast means to send information from an unmanned aircraft using 
radio frequency spectrum.
    Remote ID USS means a USS qualified by the Administrator to provide 
remote identification services.

VIII. Applicability of Remote Identification Requirements

    The FAA is proposing to require a new set of technologies, systems, 
and guidelines for the remote identification of UAS. The proposal 
includes requirements that apply to operators of UAS, requirements for 
the development of means of compliance, and requirements that apply to 
designers and producers of UAS.
    The FAA is proposing to add a new part 89, Remote Identification of 
Unmanned Aircraft Systems, to 14 CFR, chapter I, subchapter F, Air 
Traffic and General Operating Rules. The operating requirements in 
subpart B of part 89 would apply to persons operating unmanned aircraft 
registered or required to be registered under part 47 or part 48. The 
FAA is proposing to tie the remote identification requirements to the 
registration requirements because the remote identification data 
broadcast or transmitted from a UAS is meant to be correlated to the 
registration data of such UAS. To facilitate the correlation of data, 
the FAA proposes certain changes to the registration requirements in 
parts 47 and 48, which are discussed in section IX of this preamble. 
Specifically, the FAA proposes to revise part 48 to require the 
individual registration of unmanned aircraft.\54\ The FAA also proposes 
to require that all registrations of unmanned aircraft with remote 
identification include the serial number assigned by the producer of 
the unmanned aircraft. The serial number would be used to provide a 
unique identity to each unmanned aircraft for remote identification 
purposes.
---------------------------------------------------------------------------

    \54\ Currently, 14 CFR part 48 allows owners with UAS operated 
for limited recreational purposes to register multiple unmanned 
aircraft under a single registration number.
---------------------------------------------------------------------------

    The operating requirements of the proposed rule would also apply to 
persons operating foreign civil unmanned aircraft in the United States 
and to persons operating UAS exclusively within FAA-recognized 
identification areas. The operating requirements of the proposed rule 
would not apply to aircraft of the Armed Forces of the United States 
because these aircraft are not required to be registered under part 47 
or part 48.
    The design and production requirements in subpart F of proposed 
part 89 would apply to persons responsible for the design and 
production of UAS produced for operation in the United States. The 
design and production requirements would not, however, apply to the 
following UAS, unless they are intentionally produced with remote 
identification (i.e., a standard remote identification UAS or limited 
remote identification UAS): amateur-built UAS and UAS of the United 
States Government. Producers of UAS weighing less than 0.55 pounds 
(current weight threshold for requirement to register) may, but would 
not be required to, comply with the proposed remote identification 
design and production requirements.
    The FAA anticipates that industry stakeholders would develop means 
of compliance (which may include consensus standards) that UAS 
designers and producers would use to comply with the requirements of 
this proposed rule. Any person or entity could submit a means of 
compliance for acceptance by the FAA if it meets the requirements in 
subpart D of proposed part 89.

IX. Changes to Registration Requirements

    Under the proposed rule, persons operating unmanned aircraft 
registered or required to be registered under part 47 or part 48, would 
have to comply

[[Page 72462]]

with the remote identification requirements of proposed part 89. The 
FAA is proposing to tie the remote identification requirements to the 
registration of unmanned aircraft because the FAA and law enforcement 
agencies need the ability to correlate remote identification 
information with registration data to obtain more complete information 
regarding the ownership of unmanned aircraft flying in the airspace of 
the United States. Aircraft registration requirements are the 
foundation for both identifying aircraft and for promoting 
accountability and the safe and efficient use of the airspace of the 
United States by both manned and unmanned aircraft. With limited 
exceptions, all aircraft are required to be registered under part 47 or 
part 48; therefore, nearly all UAS operating in the airspace of the 
United States would have to comply with the remote identification 
requirements, thereby enhancing the overall safety and efficiency of 
the airspace of the United States.
    Parts 47 and 48 of title 14 of the Code of Federal Regulations 
implement the registration requirements codified in 49 U.S.C. 44101-
44103. Additional statutory requirements address the registration of 
unmanned aircraft; specifically, 49 U.S.C. 44809(a)(8) requires 
unmanned aircraft used in limited recreational operations to be 
registered and marked in accordance with chapter 441 of Title 49 of the 
United States Code. Furthermore, under 49 U.S.C. 44809(f), the 
Administrator is not prohibited from promulgating rules relating to the 
registration and marking of unmanned aircraft including unmanned 
aircraft used in limited recreational operations.\55\
---------------------------------------------------------------------------

    \55\ Section 336 of Public Law 112-95, which prohibited the FAA 
from implementing new regulations on certain recreational UAS 
operations, was repealed by section 349 of the FAA Reauthorization 
Act of 2018, Public Law 115-254.
---------------------------------------------------------------------------

    Under the current registration requirements, no person may operate 
an unmanned aircraft in the airspace of the United States unless it has 
been registered by its owner pursuant to part 47 or part 48, or unless 
the aircraft is excepted from registration. There are two exceptions to 
the registration requirements for unmanned aircraft: (1) Unmanned 
aircraft of the Armed Forces of the United States; and (2) most 
unmanned aircraft weighing 0.55 pounds or less on takeoff, including 
everything that is on board or otherwise attached to the aircraft. 
Small unmanned aircraft operating under 14 CFR part 91 and part 107 are 
required to register under part 47 or part 48 regardless of weight.

A. Registration Under Part 47

    Registration under part 47 is required for:
    (1) Unmanned aircraft weighing 55 pounds or more;
    (2) small unmanned aircraft intended to be operated outside of the 
territorial airspace of the United States; and
    (3) small unmanned aircraft registered through a trust or voting 
trust (e.g., to meet U.S. citizenship requirements).
    Registration under part 47 is available for:
    (1) Any unmanned aircraft (including small unmanned aircraft) that 
needs--or desires--an N-number registration (e.g., to operate outside 
the United States); or
    (2) when public recording is needed for unmanned aircraft-related 
loans, leases, or ownership documents.
    To register under part 47, the unmanned aircraft must not be 
registered under the laws of a foreign country, and must be:
    (1) Owned by a citizen of the United States;
    (2) owned by an individual citizen of a foreign country lawfully 
admitted for permanent residence in the United States;
    (3) owned by a corporation not a citizen of the U.S. when the 
corporation is organized and doing business under U.S. Federal or State 
laws, and the aircraft is based and primarily used in the United 
States; or
    (4) owned by the U.S. Government, or a State, or local governmental 
entity.
    The registration process under part 47 is paper-based and commences 
with the filing of an Aircraft Registration Application (AC Form 8050-
1) with the FAA Aircraft Registry. At a minimum, applicants must 
provide evidence of ownership (e.g., a traditional bill of sale, a 
contract of conditional sale, a lease with purchase option, or an heir-
at-law affidavit), provide a certification of eligibility for 
registration, and pay a registration fee. Additional documentation may 
be required, particularly for amateur-built aircraft and aircraft 
imported from foreign jurisdictions. Additional information required 
may include a builder certificate describing the type of aircraft and a 
comprehensive description of the aircraft (e.g., make, model, serial 
number, engine manufacturer, type of engine, number of engines, maximum 
takeoff weight, and number of seats). Persons such as corporate 
registrants, trustees, and non-citizen corporations must file 
additional documentation evidencing their legal structures, 
authorities, and related data that supports registration. Aircraft 
previously recorded in foreign registries must file proof of 
deregistration. In the case of amateur-built aircraft, either the owner 
or builder must designate the aircraft model name and serial number.
    Once an unmanned aircraft is registered, the FAA issues a 
Certificate of Aircraft Registration (AC Form 8050-3) to the aircraft 
owner. The FAA has clarified that, in the case of unmanned aircraft, 
the Certificate of Aircraft Registration may be maintained at the 
pilot's control station rather than on the unmanned aircraft and must 
be made available for inspection upon request.\56\ The certificate 
expires three years after date of issuance.\57\ A Certificate of 
Aircraft Registration may be renewed by submitting a renewal 
application and paying a renewal fee.
---------------------------------------------------------------------------

    \56\ See Memorandum to John Duncan, from Mark W. Bury, Assistant 
Chief Counsel for International Law, Legislation, and Regulations 
(August 8, 2014).
    \57\ Section 556 of the FAA Reauthorization Act of 2018 requires 
the Administrator to initiate a rulemaking to increase the duration 
of aircraft registrations for noncommercial general aviation 
aircraft to 7 years.
---------------------------------------------------------------------------

    Unmanned aircraft registered under part 47 must comply with the 
identification and registration marking requirements in subparts A and 
C of 14 CFR part 45. Under part 45, the aircraft must display certain 
marks consisting of the Roman capital letter ``N'' (denoting U.S. 
registration) followed by the registration number of the aircraft. The 
N-number must be: (1) Painted on the aircraft or affixed to the 
aircraft by some other permanent means; (2) have no ornamentation; (3) 
contrast in color with the background; and (4) be legible.\58\
---------------------------------------------------------------------------

    \58\ See 14 CFR 45.21(c).
---------------------------------------------------------------------------

B. Registration Under Part 48

    Part 48 provides a web-based aircraft registration process for 
small unmanned aircraft to facilitate compliance with the statutory 
requirement that all aircraft register prior to operation.\59\ A small 
unmanned aircraft weighing less than 55 pounds on takeoff, including 
everything that is on board or otherwise attached to the aircraft, may 
be registered under either part 47 or part 48.
---------------------------------------------------------------------------

    \59\ See 80 FR 78593 (December 16, 2015).
---------------------------------------------------------------------------

    Owners of small unmanned aircraft used in civil operations 
(including commercial operations), limited recreational operations,\60\ 
or public aircraft operations, among others, are

[[Page 72463]]

eligible to register under part 48. Currently, unmanned aircraft may be 
registered in one of two ways: (1) Under an individual registration 
number issued to each aircraft; or (2) under a single registration 
number issued to an owner of multiple unmanned aircraft used 
exclusively for limited recreational operations.
---------------------------------------------------------------------------

    \60\ This proposal uses the term ``limited recreational 
operations'' when discussing registration requirements under part 
48. Part 48 uses the term ``model aircraft'' to describe 
recreational UAS operations. The FAA considers that model aircraft 
under part 48 are consistent with the ``limited recreational 
operations'' described in 49 U.S.C. 44809, therefore ``limited 
recreational operations'' has been used throughout to ensure 
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

    If the owner of a small unmanned aircraft intends to use it at any 
point for a purpose other than exclusively for limited recreational 
operations as defined in 49 U.S.C. 44809, the owner must register that 
aircraft individually and obtain a unique registration number for the 
aircraft. The aircraft registration must include the: (1) Name of the 
applicant; (2) applicant's physical address; (3) applicant's email 
address; (4) aircraft manufacturer and model name; (5) aircraft serial 
number, if available; and (6) any other information required by the 
Administrator.
    If the owner of multiple small unmanned aircraft intends to use the 
aircraft exclusively for limited recreational operations, part 48 
currently allows the owner to register once and to obtain a single 
registration number that constitutes the registration number for all of 
the owner's small unmanned aircraft. This means that multiple aircraft 
may display the same registration number when the unmanned aircraft are 
used exclusively for limited recreational operations. Applicants for a 
single Certificate of Aircraft Registration for multiple unmanned 
aircraft must provide: (1) The applicant's name; (2) the applicant's 
physical address; (3) the applicant's email address; and (4) any other 
information required by the Administrator. This option does not require 
the applicant to provide the unmanned aircraft manufacturer, model, or 
serial number.
    Once an unmanned aircraft is registered, the FAA issues a 
Certificate of Aircraft Registration, which contains a registration 
number composed of multiple alphanumeric characters. A part 48 
registration number is not the traditional N-number issued under part 
47.
    Small unmanned aircraft registered under part 48 may not operate 
unless they display a unique identifier in a way that is readily 
accessible and visible upon inspection of the aircraft. The unique 
identifier must be either: (1) The registration number issued to an 
individual or the registration number issued to the aircraft by the 
Registry upon completion of the registration process; or (2) the small 
unmanned aircraft serial number, if authorized by the Administrator and 
provided with the application for Certificate of Aircraft Registration. 
Most commonly, the unique identifier displayed is the FAA registration 
number.

C. Issues With the Current Registration Requirements and Proposed 
Changes

    The current registration requirements do not provide for aircraft-
specific data of all aircraft, information fundamentally necessary for 
remote identification, due to the differing requirements of parts 47 
and 48.
    Part 47 requires the individual registration of aircraft and the 
submission of an aircraft's serial number as part of the application 
for a Certificate of Aircraft Registration. These requirements are 
consistent with the remote identification framework proposed in this 
NPRM because the FAA would be able to correlate the aircraft-specific 
registration data (i.e., serial number) obtained under part 47 to the 
remote identification data which would have to be broadcast or 
transmitted by unmanned aircraft under the current proposal. This is 
not the case with the current registration requirements of part 48.
    Currently, part 48 allows for registration of multiple unmanned 
aircraft used exclusively for limited recreational operations under a 
single Certificate of Aircraft Registration without requiring the 
applicant to submit the aircrafts' serial numbers.\61\ This means that 
the FAA has no aircraft-specific data for aircraft operated under a 
single Certificate of Aircraft Registration. Second, part 48 requires 
the provision of an unmanned aircraft's serial number, only if 
available, and only if the aircraft is registered individually. This 
means that the FAA does not have a data set that includes the serial 
numbers of all unmanned aircraft registered under part 48 and cannot 
correlate the registration data to the remote identification data which 
would be broadcast or transmitted by unmanned aircraft under the 
proposed rule. Thus, the FAA believes that the current registration 
requirements of part 48 are not sufficient to support the remote 
identification framework proposed in this NPRM.
---------------------------------------------------------------------------

    \61\ As of November 25, 2019, are currently 1,081,329 
recreational flyers registered under part 48--but because these 
registrants do not currently register each individual UA the FAA 
does not have administrative data on the number or type of 
recreational UAs being flown. As a point of comparison, as of 
November 25, 2019, under part 48 there are also 417,663 UAs 
registered individually as non-model unmanned aircraft (largely part 
107 operations).
---------------------------------------------------------------------------

    A change to the registration requirements of part 48 is therefore 
necessary to enable the FAA to gather all of the necessary data to 
support the unique identification of unmanned aircraft registered under 
part 48. The lack of aircraft-specific data for aircraft registered 
under part 48 inhibits the FAA and law enforcement agencies from 
correlating the remote identification data proposed in this rule with 
data stored in the Aircraft Registry. Thus, the FAA proposes to revise 
part 48 to require the individual registration of all small unmanned 
aircraft and the provision of additional aircraft-specific data. Owners 
of small unmanned aircraft would have to complete the registration 
application by providing aircraft-specific information in addition to 
basic contact information. This means that every small unmanned 
aircraft registered under part 48 would need to have its own 
Certificate of Aircraft Registration. To ease the financial burden on 
operators who previously registered multiple model aircraft under a 
single registration number, the FAA would explore ways to minimize the 
registration fee when multiple aircraft are registered at the same 
time.
    Specifically, the proposed changes would include the removal of 
Sec. Sec.  48.100(b) and 48.115, which currently allow small unmanned 
aircraft used exclusively as a model aircraft to be registered under a 
single Certificate of Aircraft Registration without unique identifying 
information. Sections 48.100(a) and 48.110, which require unique 
identifying information, would become the sole means for registration 
under part 48 and would be revised to reflect all of the requirements 
that apply to the individual registration of small unmanned aircraft 
under part 48. Conforming changes would be made throughout part 48 to 
reflect the removal of Sec. Sec.  48.100(b) and 48.115 and the 
transition to a single form of registration under part 48.
    The FAA believes the proposed revisions are necessary to implement 
the remote identification framework because individual aircraft 
registration under part 48 would allow the FAA to gather aircraft-
specific data that is essential for remote identification. Furthermore, 
the proposed transition to an individual aircraft registration system 
under part 48 would harmonize these requirements with the individual 
aircraft registration requirements of part 47.

D. Proposed Changes to the Registration Requirements To Require a 
Serial Number and Telephone Number as Part of the Registration Process

    As discussed in section XII.C.1 of this preamble, this proposed 
rule would require a unique identifier as part of the

[[Page 72464]]

message elements used to remotely identify UAS. A serial number is a 
unique number assigned to an aircraft--typically at the time of 
production--and does not change in case of a sale or transfer of 
ownership. The proposed revision of part 48 would require the provision 
of an unmanned aircraft's serial number at the time of registration. 
This proposed requirement is essential for the remote identification 
framework proposed in this NPRM. The serial number requirement would 
enable the FAA to correlate the data broadcast or transmitted by the 
UAS with the registration data in the Aircraft Registry to associate an 
unmanned aircraft with its registered owner. The requirement would also 
allow the FAA to distinguish one unmanned aircraft from another 
operating in the airspace of the United States and would facilitate the 
identification of non-registered unmanned aircraft flying in the 
airspace of the United States, which may warrant additional oversight 
or action by the FAA, national security agencies, or law enforcement 
agencies.
    There has been little to no standardization regarding the issuance 
or use of serial numbers by UAS. The FAA believes that standardizing 
the issuance and use of serial numbers is necessary to successfully 
implement the remote identification requirements of the proposed rule. 
The standardization of the issuance and use of serial numbers would 
prevent a situation where two or more UAS are issued the same serial 
number. Thus, the FAA is proposing to add a new Sec.  47.14 to require 
the owners of standard remote identification unmanned aircraft and 
limited remote identification unmanned aircraft registered under part 
47 to list in the Certificate of Aircraft Registration the serial 
number issued by the manufacturer of the unmanned aircraft in 
accordance with the requirements of proposed part 89. According to the 
manufacturing requirements in proposed Sec.  89.505, the serial number 
would have to comply with the ANSI/CTA-2063-A serial number standard.
    The FAA is also proposing to revise Sec.  48.100(a) to require a 
serial number for every small unmanned aircraft. Consistent with the 
proposed changes in part 47, Sec.  48.100(a)(5) would require the owner 
of any standard remote identification unmanned aircraft or limited 
identification unmanned aircraft to list in the Certificate of Aircraft 
Registration the serial number issued by the manufacturer of the 
unmanned aircraft in accordance with the production requirements of 
part 89. Per the production requirements in proposed Sec.  89.505, such 
serial number would have to comply with the ANSI/CTA-2063-A serial 
number standard.
    Owners of amateur-built unmanned aircraft would have to comply with 
the serial number requirement in proposed Sec.  48.100(a)(5) if the 
unmanned aircraft are designed and produced as standard remote 
identification unmanned aircraft or limited identification unmanned 
aircraft. The proposed revisions to Sec.  48.100(a) would also require 
the owners of amateur-built unmanned aircraft to list in the 
Certificate of Aircraft Registration a manufacturer and model name of 
their choice.
    Additionally, the FAA is proposing to update the registration 
information requirements to include one or more telephone number(s) for 
the applicant. Although registration data corresponds to the owner of 
the unmanned aircraft rather than the operator, the FAA believes that 
due to the nature and scope of most small UAS operations, it is 
reasonable to expect a significant number of unmanned aircraft owners 
to also be the operators of the aircraft or in close contact with the 
operators of the aircraft. Requiring owners of unmanned aircraft to 
provide their telephone number(s) as part of the registration process 
would assist FAA and law enforcement to disseminate safety and 
security-related information to the registrant in near real-time. This 
additional information would be retained by the FAA and only disclosed 
as needed to authorized law enforcement or Federal agencies.

E. Request for Comments Regarding Serial Number Requirements

    The FAA acknowledges that some unmanned aircraft may not have 
serial numbers that comply with the ANSI/CTA-2063-A serial number 
standard. Some examples include unmanned aircraft manufactured prior to 
the compliance date of the final rule that follows this notice of 
proposed rulemaking (assuming the producer of the unmanned aircraft is 
unable to modify the aircraft or push an upgrade to assign an ANSI/CTA-
2063-A compliant serial number), some amateur-built unmanned aircraft, 
and foreign-built unmanned aircraft with no serial numbers or with 
serial numbers that do not comply with ANSI/CTA-2063-A. Since these 
unmanned aircraft do not comply with the remote identification 
requirements for standard remote identification UAS or limited remote 
identification UAS, the proposed rule requires their operation be 
restricted to FAA-recognized identification areas. Accordingly, the FAA 
has not imposed a requirement for the owners of such unmanned aircraft 
to obtain an ANSI/CTA-2063-A compliant serial number and to list it in 
the Certificate of Aircraft Registration or the Certificate of 
Identification. The FAA welcomes detailed comments on whether and why 
it should require the owners of UAS without remote identification to 
have to obtain an ANSI/CTA-2063-A compliant serial number and to list 
it in the Certificate of Aircraft Registration or the Certificate of 
Identification and whether there would be any costs associated with 
obtaining a compliant serial number. The FAA also welcomes comments on 
whether the Agency should issue ANSI/CTA-2063-A compliant serial 
numbers to such aircraft when registered or re-registered by their 
owners.

F. Serial Number Marking

    The FAA emphasizes that small unmanned aircraft owners are not 
required to affix the serial number to the exterior of the aircraft. 
However, nothing in the proposed regulation would preclude the owners 
from choosing to do so. The FAA envisions that producers may mark the 
exterior of unmanned aircraft with serial numbers that comply with the 
ANSI/CTA-2063-A serial number standard, and that such serial numbers 
could be used to meet the marking requirements of part 48, subpart C. 
This could alleviate the need to mark each UAS with the registration 
number. The FAA seeks specific comments on whether UAS producers should 
be required to affix the serial number to the exterior of all standard 
remote identification UAS and limited remote identification UAS. Please 
explain why or why not and provide data to support your response.

X. Operating Requirements for Remote Identification

A. Requirement To Broadcast or Transmit

    Under the proposed rule, no person would be able to operate a UAS 
in the airspace of the United States unless the UAS has remote 
identification capability meeting the requirements of this proposed 
rule (i.e., a standard remote identification UAS or limited remote 
identification UAS) or if the UAS has no remote identification 
equipment but is otherwise identified by operating exclusively within 
visual line of sight and within an FAA-recognized identification area.
    The FAA is proposing to require all UAS with remote identification 
to broadcast or transmit the appropriate remote identification message 
elements from takeoff to landing. The agency is also proposing that no 
person would be

[[Page 72465]]

able to operate a UAS with remote identification unless the UAS is 
transmitting (for limited remote identification UAS) or transmitting 
and broadcasting (for standard remote identification UAS) the 
appropriate message elements. The remote identification message 
elements are described in greater detail in section XII.C of this 
preamble. Furthermore, the FAA proposes to prohibit the operation of 
UAS with remote identification if the remote identification equipment 
and functionality have been disabled without the authorization of the 
Administrator.
    UAS would have to comply with the remote identification 
requirements in one of three ways, depending on the capabilities of the 
UAS. To help operators determine whether a particular UAS has remote 
identification, the FAA is proposing to require that all persons 
responsible for the production of standard remote identification UAS 
and limited remote identification UAS label the unmanned aircraft to 
indicate whether the UAS complies with the remote identification 
requirements of this proposed rule and whether the UAS is standard 
remote identification or limited remote identification. A person would 
therefore be able to determine what type of UAS they have and if it has 
remote identification capability simply by visual inspection of the 
unmanned aircraft.
1. Standard Remote Identification UAS
    Standard remote identification UAS would be required to transmit 
certain message elements through the internet to a Remote ID USS (an 
FAA-qualified third party discussed in section XIV of this preamble) 
and to broadcast the same message elements directly from the unmanned 
aircraft using radio frequency spectrum in accordance with 47 CFR part 
15, where operations may occur without an Federal Communications 
Commission (FCC) individual license. These message elements would 
include: The UAS Identification (either the unmanned aircraft's serial 
number or session ID); latitude, longitude, and barometric pressure 
altitude of both the control station and the unmanned aircraft; a time 
mark; and an emergency status code that would broadcast and transmit 
only when applicable.
    A standard remote identification UAS would be required to broadcast 
and transmit the remote identification message elements from takeoff to 
landing. If the internet is available at takeoff, the standard remote 
identification UAS would have to connect to the internet and transmit 
the message elements through that internet connection to a Remote ID 
USS and would also be required to broadcast the message elements 
directly from the unmanned aircraft. If the internet is unavailable at 
takeoff, the standard remote identification UAS would only be required 
to broadcast the message elements directly from the unmanned aircraft. 
If the internet is available, but the UAS cannot connect to a Remote ID 
USS, the UAS would be designed such that it could not take off. This is 
discussed in more detail in section XII.D.6 of this preamble.
    The FAA is proposing to define ``broadcast'' as sending information 
from an unmanned aircraft using radio frequency spectrum. Under the 
proposed rule, only standard remote identification UAS would be able to 
broadcast remote identification message elements. The reasons for 
prohibiting limited remote identification UAS from broadcasting message 
elements is explained in section XII.D.14 of this preamble.
    A standard remote identification UAS that loses connection to the 
internet or that can no longer transmit to a Remote ID USS after 
takeoff would be able to continue its flight, as long as it continues 
broadcasting the message elements. If a standard remote identification 
UAS experiences an in-flight loss of broadcast capability, regardless 
of whether it is connected to a Remote ID USS, the operator would have 
to land the unmanned aircraft as soon as practicable. This is necessary 
because a loss of the broadcast capability is an indication of a remote 
identification equipment failure, whereas loss of connectivity to the 
internet or a Remote ID USS could be attributed to unavailability of a 
service outside the control of the UAS operator. In addition, a 
functioning broadcast capability is necessary in order for remote 
identification information to be available in areas that do not have 
wireless internet connectivity. For example, during a BVLOS operation, 
the unmanned aircraft could be operating over a rural area that does 
not have wireless internet connectivity, but, through the command and 
control link, the unmanned aircraft has connectivity with a control 
station that is in turn connected to the internet and transmitting to a 
Remote ID USS. If the unmanned aircraft is in a location that does not 
have wireless internet connectivity, then for any local third-party 
observers attempting to identify the unmanned aircraft the only 
accessible source of remote identification information would be the 
broadcast. To support compliance with this requirement, the FAA is 
proposing that standard remote identification UAS have a monitoring 
feature that would notify the person manipulating the flight controls 
of the UAS if the broadcast capability was lost.
    The FAA expects that the proposed design and production 
requirements of this rule would facilitate a person's compliance with 
the proposed operating requirements (e.g., transmission requirement). 
The FAA intends for compliance with the remote identification 
requirements to be simple and straightforward for individuals operating 
UAS produced in accordance with a current FAA-accepted means of 
compliance. For example, a standard remote identification UAS would 
automatically transmit and broadcast the message elements and its 
design would prevent it from taking off when the remote identification 
capability is not functioning. Under this rule, the remote 
identification capability would be considered not functioning when the 
equipment does not work or is unable to perform its intended function 
or when the remote identification message elements are not transmitted 
or broadcast in accordance with the requirements of the proposed rule. 
Under this proposed rule, all UAS with remote identification would be 
designed and produced such that the remote identification functionality 
is always enabled and cannot be disabled except as otherwise authorized 
by the Administrator. UAS with remote identification would be designed 
and produced to notify the person manipulating the flight controls of 
the UAS of any remote identification malfunctions, failures, or 
anomalies.
2. Limited Remote Identification UAS
    Limited remote identification UAS are UAS that are designed and 
produced such that the aircraft is not capable of operating more than 
400 feet from the control station and cannot broadcast the remote 
identification message elements identified in proposed Sec.  89.305 or 
Sec.  89.315. Under the proposed rule, persons operating limited remote 
identification UAS would be required to fly within visual line of sight 
at all times. Limited remote identification UAS would be required to 
connect to the internet and transmit the appropriate message elements 
through that internet connection to a Remote ID USS. Unlike standard 
remote identification UAS, if a limited remote identification UAS 
cannot connect to the internet or transmit through an internet 
connection to a Remote ID USS, the UAS would not be able to take off.

[[Page 72466]]

Again, unlike with standard remote identification UAS, if a limited 
remote identification UAS loses connectivity to the Remote ID USS in 
flight, the person manipulating the flight controls of the UAS would be 
required to land as soon as practicable. The limited remote 
identification UAS would not be able to continue its flight because it 
cannot broadcast remote identification message elements.
    A limited remote identification UAS is not permitted to broadcast 
remote identification message elements using radio frequency spectrum 
because the broadcast function is only applicable to standard remote 
identification UAS. If remote identification broadcast capability is 
added to a limited remote identification UAS, it would not have been 
subject to the design and production requirements of this rule and 
could result in erroneous, non-compliant, or incorrectly formatted 
messages being broadcast, undermining the fundamental purposes of this 
rule. However, the proposal does not prohibit designers, producers, or 
operators from including a capability for limited remote identification 
UAS to broadcast information or data unrelated to remote 
identification, such as a camera feed or telemetry data.
    The message elements for limited remote identification UAS would 
include: The UAS Identification (either the unmanned aircraft's serial 
number or session ID); latitude, longitude, and barometric pressure 
altitude of the control station; a time mark; and an emergency status 
code that would transmit only when applicable.
    Table 4 provides a summary of the differences between standard 
remote identification UAS and limited remote identification UAS.

 Table 4--Summary of Differences Between Standard Remote Identification
                UAS and Limited Remote Identification UAS
------------------------------------------------------------------------
                                    Standard remote     Limited remote
                                  identification UAS  identification UAS
------------------------------------------------------------------------
                            Message elements
------------------------------------------------------------------------
UAS Identification (serial        YES...............  YES.
 number or session ID).
Unmanned aircraft:..............
    Latitude and longitude,       YES...............  NO.
     barometric pressure
     altitude:
Control station:................
    Latitude and longitude,       YES...............  YES.
     barometric pressure
     altitude:
A time mark identifying the       YES...............  YES.
 Coordinated Universal Time
 (UTC) time of applicability of
 a position source output.
An indication of the emergency    YES...............  YES.
 status of the UAS.
------------------------------------------------------------------------
                      Connectivity prior to takeoff
------------------------------------------------------------------------
Internet and Remote ID USS......  YES...............  YES.
Broadcast.......................  YES...............  NO.
If, at takeoff, the UAS cannot    Broadcast.........  Do not take off.
 connect to the internet.
If, at takeoff, the UAS is        Do not take off...  Do not take off.
 connected to the internet, but
 is not transmitting to a Remote
 ID USS.
------------------------------------------------------------------------
                 In-flight loss of remote identification
------------------------------------------------------------------------
If, during flight, the UAS loses  Broadcast.........  Land as soon as
 the connection to the internet                        practicable.
 or stops transmitting to the
 Remote ID USS.
If, during flight, the UAS loses  Land as soon as     N/A.
 its ability to broadcast the      practicable.
 message elements.
------------------------------------------------------------------------
                            Range limitation
------------------------------------------------------------------------
Range limitation from control     None; operation     Limited to
 station.                          would have to       operations within
                                   comply with all     400 feet of
                                   other operating     control station.
                                   requirements.
------------------------------------------------------------------------
          Broadcasting from the unmanned aircraft at any point
------------------------------------------------------------------------
Broadcast limitation............  Standard remote     Limited remote
                                   identification      identification
                                   unmanned aircraft   unmanned aircraft
                                   must broadcast      cannot broadcast
                                   remote              remote
                                   identification      identification
                                   message elements.   message elements.
------------------------------------------------------------------------

3. UAS Without Remote Identification
    Under the proposed rule, the vast majority of UAS would be required 
to remotely identify. The FAA understands, however, that not all UAS 
would be able to meet this requirement. For example, some UAS 
manufacturers may be able to bring UAS produced before the compliance 
date of this rule into compliance, but others might not. In addition, 
certain amateur-built UAS might not be equipped with remote 
identification equipment. The FAA is proposing operating rules in Sec.  
89.120 to allow these aircraft to continue to operate without remote 
identification equipment. A UAS that would not qualify as either a 
standard remote identification UAS or a limited remote identification 
UAS would only be allowed to operate under two circumstances. The first 
circumstance is where the UAS operates within visual line of sight and 
within the boundaries of an FAA-recognized identification area. An FAA-
recognized identification area is a defined geographic area where UAS 
without remote identification can operate. In the proposed Sec.  
89.120(a), the

[[Page 72467]]

phrase ``operated within an FAA-recognized identification area'' means 
that both the unmanned aircraft and the person manipulating the flight 
controls of the UAS would be required to be located within the FAA-
recognized identification area from takeoff to landing. FAA-recognized 
identification areas are described in section XV of this preamble. Note 
that this operating exception from remotely identifying only applies to 
those UAS that do not have remote identification; anyone operating a 
standard or limited remote identification UAS would continue to be 
bound by the operating rules applicable to their UAS, even if he or she 
is located inside an FAA-recognized identification area during the 
flight.
    The second circumstance in which a UAS that is not a standard 
remote identification UAS or limited remote identification UAS could be 
operated without remote identification is where the person operating 
the UAS has been authorized by the Administrator to operate the UAS for 
the purpose of aeronautical research or to show compliance with 
regulations. In this context, the FAA would consider aeronautical 
research to be limited to the research and testing of the unmanned 
aircraft, the control systems, equipment that is part of the unmanned 
aircraft (such as sensors), and flight profiles, or development of 
specific functions and capabilities for the UAS. Under this provision, 
producers and other persons authorized by the Administrator, would have 
the ability to operate UAS prototypes without remote identification 
exclusively for researching and testing the UAS design, equipment, or 
capabilities. This provision does not extend to any other type of 
research using a UAS.
    Additionally, a person authorized by the Administrator would be 
permitted to conduct flight tests and other operations to show 
compliance with an FAA-accepted means of compliance for remote 
identification, or airworthiness regulations, including but not limited 
to flights to show compliance for issuance of type certificates and 
supplemental type certificates, flights to substantiate major design 
changes, and flights to show compliance with the function and 
reliability requirements of the regulations.

B. Prohibition From Using ADS-B To Satisfy Remote Identification 
Requirements

    The FAA proposes to prohibit the use of ADS-B Out to meet remote 
identification requirements in this rule. The FAA determined that both 
the ADS-B message elements and the infrastructure required to receive 
the ADS-B message elements are incompatible with the current need for 
remote identification at lower altitudes. ADS-B does not provide 
information regarding the location of a UAS control station. Thus, it 
would not advance the FAA's need to associate a control station with 
the actual unmanned aircraft it controls. Further, because ADS-B 
receivers do not provide sufficient low altitude coverage, ADS-B Out 
would not align well with the FAA's vision for the development of UTM. 
Finally, the FAA determined that the use of ADS-B Out by UAS would 
generate undue signal saturation and would create an overall safety 
hazard for manned aircraft due to the potentially high numbers of UAS 
which may be operating in the airspace at any given time. For these 
reasons, the FAA is proposing in Sec.  89.125 to prohibit ADS-B Out 
equipment from being used to comply with the remote identification 
requirements of part 89.

C. Internet Availability and Transmission to a Remote ID USS

    The FAA is proposing to require standard remote identification UAS 
and limited remote identification UAS to connect automatically to the 
internet, when available, and transmit remote identification message 
elements through that internet connection to a Remote ID USS. The FAA 
is also proposing a related performance requirement for standard remote 
identification UAS and limited remote identification UAS to 
continuously monitor the connectivity to the internet and the 
transmission of remote identification message elements to a Remote ID 
USS and notify the person manipulating the flight controls of the UAS 
if that connection is lost or the UAS is no longer transmitting to the 
Remote ID USS. Because of this proposed performance requirement for the 
UAS, the person manipulating the flight controls of the UAS would be 
aware at all times of whether the UAS was connected to the internet and 
transmitting to a Remote ID USS.
    The FAA believes an internet-based solution is appropriate, when 
the internet is available, because the internet is the largest, most 
multifaceted, and prevalent platform for data transmission. Under the 
proposed rule, the internet would be considered available if cellular 
or other forms of wireless internet connectivity such as Wi-Fi are 
available in an operational area with sufficient signal strength to 
maintain a connection between the UAS and the internet. UAS with remote 
identification would automatically connect to the internet when it is 
available, similar to how wireless devices, such as smart phones, 
connect automatically to the internet when there is sufficient signal 
strength and coverage.
    If the internet is available but the operator's Remote ID USS is 
not working, the operator would be required to either connect to 
another Remote ID USS or the UAS would be restricted from taking off. 
In the unlikely event that all Remote ID USS become unavailable at the 
same time but the internet remains available, no standard or limited 
remote identification UAS would be able to take off. The FAA assumes 
this situation would be extremely unlikely. The FAA seeks public 
comment on whether there are ways to address this extremely unlikely 
situation within the framework of the rule as proposed.
    After connecting to the internet, a standard remote identification 
UAS or limited remote identification UAS must transmit the remote 
identification message elements to a Remote ID USS. The FAA anticipates 
that there will be some Remote ID USS available to the general public 
and that others will be private. Under the proposed rule, a Remote ID 
USS would be considered available as long as that Remote ID USS 
provides remote identification services to the general public at the 
time the standard remote identification UAS or limited remote 
identification UAS is being operated. A private or restricted access 
Remote ID USS would be considered available only to UAS operators who 
receive remote identification services from that Remote ID USS. For 
example, if Company ABC sets up a private Remote ID USS to provide 
remote identification services exclusively to its fleet of UAS, then 
the private Remote ID USS would only be available to the UAS operators 
of Company ABC. In comparison, if Company XYZ sets up a Remote ID USS 
that can be accessed by the general public for remote identification 
services, then Company XYZ's Remote ID USS would be considered 
available to all operators of UAS flying in the airspace of the United 
States, irrespective of whether that access requires a monetary cost. 
The FAA is not proposing to establish specific requirements regarding 
Remote ID USS business models, (e.g., charging fees, requiring user 
agreements, and requiring information from Remote ID USS users). The 
FAA believes that operators will choose a Remote ID USS that best meets 
their operational needs. The FAA further discusses some of its 
assumptions related to Remote ID USS business models in the 
accompanying

[[Page 72468]]

Regulatory Impact Analysis, where it assumes (while acknowledging 
significant uncertainty) the average publicly available Remote ID USS 
will charge $2.50 as a monthly subscription ($30 annually) cost to 
users of its service.

D. In-Flight Loss of Connectivity With a Remote ID USS or Loss of 
Functionality

    The FAA foresees situations where the person manipulating the 
flight controls of a UAS would need to receive an indication that the 
connection to a Remote ID USS has been lost mid-flight. Under this 
proposal, standard remote identification UAS would be produced with the 
capability to both connect to the internet and, through that 
connection, transmit to a Remote ID USS and to broadcast. The broadcast 
capability provides continuous remote identification information and 
continues to provide remote identification when connectivity to the 
internet is lost or the unmanned aircraft is no longer transmitting to 
a Remote ID USS. If the connection to the internet or to a Remote ID 
USS is lost after takeoff, the person manipulating the flight controls 
would be allowed to continue operating the UAS as long as it is still 
broadcasting the remote identification message elements. If, however, a 
standard remote identification UAS loses its ability to broadcast the 
message elements, the person manipulating the flight controls of the 
UAS would be required to land the unmanned aircraft as soon as 
practicable. This is necessary because a loss of the broadcast 
capability is an indication of a remote identification equipment 
failure.
    Because limited remote identification UAS cannot broadcast remote 
identification message elements, if the UAS loses connection to the 
internet or to a Remote ID USS, then the person manipulating the flight 
controls would have to land the unmanned aircraft as soon as 
practicable. The FAA considers this to be the safest course of action 
given that these operations would be conducted within visual line of 
sight and no more than 400 feet from the person manipulating the flight 
controls of the UAS.
    Should the UAS remote identification equipment experience a loss of 
functionality or malfunction in flight, the FAA proposes in Sec. Sec.  
89.110(b) and 89.115(b) to require the person manipulating the flight 
controls of the UAS to land as soon as practicable. The FAA does not 
define the phrase ``land as soon as practicable'' and expects that the 
person manipulating the flight controls of the UAS will take steps to 
land in a safe manner. For instance, if the aircraft is still within 
visual line of sight, the safest option may be to keep the aircraft 
within sight to avoid other aircraft and return to the departure point. 
For a standard remote identification UAS operating BVLOS, the safest 
way to land may be to continue to the intended destination.

E. Valid Declaration of Compliance

    The FAA is proposing to require persons responsible for the 
production of UAS with remote identification to declare that the UAS 
meet the minimum performance requirements of the proposed rule using an 
FAA-accepted means of compliance by submitting a declaration of 
compliance for acceptance by the FAA. A declaration of compliance is a 
document submitted to the FAA by the person responsible for the 
production of UAS with remote identification. It includes information 
required by the FAA to determine whether the person and the UAS comply 
with the remote identification requirements of the rule. The FAA is 
proposing in Sec. Sec.  89.110(c)(1) and 89.115(c)(1) to prohibit a 
person from operating a UAS with remote identification unless its 
serial number is identified on an FAA-accepted declaration of 
compliance. The FAA would provide a list of all FAA-accepted 
declarations of compliance on its website to notify the public when its 
acceptance of a declaration of compliance is valid. The website would 
also identify declarations of compliance that have been rescinded. 
Section XIII.E.3 of this preamble discusses the rescission of a 
declaration of compliance.

F. Foreign Registered Civil Unmanned Aircraft Operated in the United 
States

    In Sec.  89.101(b), the FAA is proposing to apply the operational 
requirements of part 89 to persons operating foreign civil unmanned 
aircraft in the United States. These persons would have to comply with 
the remote identification requirements in Sec.  89.105, which means 
that these persons would only be able to operate foreign civil unmanned 
aircraft in the United States that qualify as standard remote 
identification UAS, limited remote identification UAS, or that have no 
remote identification equipment but are operated within an FAA-
recognized identification area.
    The FAA must be able to correlate the remote identification message 
elements transmitted or broadcast by foreign civil unmanned aircraft 
operated in the United States against information that helps FAA and 
law enforcement identify a person responsible for the foreign civil 
unmanned aircraft. Where unmanned aircraft are registered in a foreign 
jurisdiction, the FAA may not have access to information regarding the 
unmanned aircraft or its registered owner. Thus, the FAA is proposing 
in Sec.  89.130(a) to allow a person to operate foreign-registered 
civil unmanned aircraft in the United States only if the person submits 
a notice of identification to the Administrator. The notice would 
include the following information to allow the FAA to associate an 
unmanned aircraft to a responsible person:
    (1) The name of the operator and, for an operator other than an 
individual, the name of the authorized representative providing the 
notice.
    (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 does not 
receive mail at a physical address, a mailing address must also be 
provided.
    (3) The physical address of the operator in the United States 
(e.g., hotel name and address).
    (4) One or more telephone number(s) where the operator can be 
reached while in the United States.
    (5) The email address of the operator or, for an operator other 
than an individual, the email address of the authorized representative.
    (6) The aircraft manufacturer and model name.
    (7) The serial number of the aircraft.
    (8) The country of registration of the aircraft.
    (9) The registration number of the aircraft.
    Once a person submits a notice of identification, the FAA would 
issue a confirmation of identification. Under Sec.  89.130(c), a person 
operating a foreign-registered unmanned aircraft in the United States 
would have to maintain the confirmation of identification at the UAS' 
control station and would have to produce it when requested by the FAA 
or a law enforcement officer.
    As specified in proposed Sec.  89.130(b)(2), the filing of the 
notice of identification and the issuance of a confirmation of 
identification would not have the effect of U.S. aircraft registration.
    The issuance of a confirmation of identification would not exempt 
any person from having to obtain the appropriate safety authority 
issued by the FAA or economic authority issued by the Department of 
Transportation \62\ prior to conducting unmanned aircraft

[[Page 72469]]

operations in the airspace of the United States, if required for their 
particular operations.
---------------------------------------------------------------------------

    \62\ https://www.faa.gov/uas/resources/foreign_operators/.
---------------------------------------------------------------------------

    Lastly, under proposed Sec.  89.130(d), the holder of a 
confirmation of identification would have to ensure that the 
information provided under proposed Sec.  89.130(a) remains accurate 
and is current prior to operating a foreign registered civil unmanned 
aircraft system in the United States.

G. Example Operating Scenarios

    The FAA is providing these notional scenarios to provide examples 
of how the FAA envisions the proposed rule would apply to certain 
common situations.
1. Subscribing to a USS
    Kim decides to give her daughter Emily a UAS for her birthday. 
Emily, excited to finally have her own UAS, eagerly unwraps the package 
so she can begin taking aerial selfies. Under FAA rules, Emily's drone 
must be registered and therefore comes with remote identification. The 
UAS will not take off unless it is connected to a Remote ID USS. In 
order to comply with the remote identification requirement, Kim 
researches FAA-qualified Remote ID USS on the FAA's website and decides 
to subscribe to Alpha USS, Inc. Emily's UAS was designed to pair with 
her smartphone and connect to the Remote ID USS through her 
smartphone's internet connection. After Emily's UAS connects to Alpha 
USS, she is able to start using her drone to take selfies.
2. Operating a Standard Remote Identification UAS
    Patty has a photography business and has decided to purchase a UAS 
to take aerial photos for weddings and other events. She researched 
different types of UAS and their capabilities and determined that she 
needs a UAS that can operate more than 400 feet from its control 
station. Patty decides to buy a standard remote identification UAS. 
Because the UAS has standard remote identification, it is designed to: 
(1) Connect to the internet and transmit the remote identification 
message elements through that internet connection to a Remote ID USS; 
and (2) broadcast the same message elements directly from the unmanned 
aircraft.
    Patty sees that the UAS she wants to buy has a label that says it 
is a standard remote identification UAS. Regardless, Patty checked the 
FAA's website to confirm that the UAS she is buying has a valid FAA-
accepted declaration of compliance. Because the UAS was listed on the 
FAA website, the UAS meets the requirements of part 89. Patty intends 
to operate her UAS for business purposes, so the operations are subject 
to the operating rules in 14 CFR part 107, which require her to 
register the unmanned aircraft with the FAA. Patty goes online to the 
FAADroneZone \63\ website, applies for, and is issued a Certificate of 
Aircraft Registration under part 48. As part of the application 
process, Patty submits her unmanned aircraft's serial number. Because 
Patty is required to register her unmanned aircraft under part 48, she 
is subject to the remote identification operating requirements in part 
89.
---------------------------------------------------------------------------

    \63\ https://faadronezone.faa.gov.
---------------------------------------------------------------------------

    Patty then subscribes online to Alpha, Inc., an FAA-qualified 
Remote ID USS. Her UAS is designed to connect to the internet by 
automatically pairing with her personal smart phone when the phone is 
running an application provided by Alpha USS. Each time Patty uses her 
UAS, it automatically transmits the standard remote identification UAS' 
remote identification message elements through that internet connection 
to Alpha USS. Patty chooses to use her unmanned aircraft's serial 
number for the UAS Identification message element, but in the future, 
she may instead choose to use a session ID assigned by Alpha USS.
    Sometimes, Patty's UAS loses its internet connection while she is 
operating in rural areas; she can continue the operation as long as the 
unmanned aircraft is still broadcasting the remote identification 
message elements. During one operation, Patty's UAS indicated that, due 
to a malfunction, the unmanned aircraft was no longer broadcasting the 
message elements, at which point she landed the unmanned aircraft as 
soon as practicable.
    During a different operation, Patty's UAS attempts to connect to 
Alpha USS at the time of takeoff, but Alpha's remote identification 
service is unavailable because Alpha's server is down. Patty's UAS can 
still connect to the internet through her smart phone and she discovers 
that an alternate FAA-qualified Remote ID USS, Bravo, Inc., is 
available. Patty's UAS connects to Bravo, Inc. and is able to fly her 
UAS. Patty's subscription with Alpha USS provides for a ``roaming'' 
feature that allows her to connect to other available USS free of 
charge so she can have uninterrupted service. If her subscription did 
not provide this roaming feature, Patty would have had to pay any 
associated fees directly to Bravo. This is because if any Remote ID USS 
is available, even if it is not the one she contracted with, her UAS is 
designed to connect to it through the internet. As long as she can 
connect to the internet, it is incumbent on Patty to connect to a USS. 
Only when the UAS cannot connect to the internet would the unmanned 
aircraft be able to take off while only broadcasting.
    On another occasion, Patty is unable to connect to Alpha, Inc. at 
the time of takeoff due to a disruption in Alpha's service, but Bravo 
is also experiencing problems. There are no other publicly available 
Remote ID USS. Because Patty's UAS is designed not to take off when it 
has access to the internet but is not connected to a Remote ID USS, her 
unmanned aircraft would not take off. Her service would be interrupted 
until Alpha, Bravo, or another publicly available USS became 
available.\64\
---------------------------------------------------------------------------

    \64\ Practically speaking, the FAA anticipates that there will 
be many more than two publicly available USS and this scenario under 
which all USS would be simultaneously unavailable should not occur 
except in the rarest of circumstances.
---------------------------------------------------------------------------

3. Operating a Limited Remote Identification UAS
    Charlie purchases a used UAS that looks like a spaceship. The UAS 
weighs more than 0.55 pounds and he intends to operate it outside his 
house for recreational purposes, such as filming his daughter's soccer 
games and entertaining his sons who love science fiction movies. The 
person who sold Charlie the UAS assures him it is remote identification 
compliant. Because the company responsible for production of the UAS 
was required to label the unmanned aircraft to indicate that it is 
remote identification compliant, Charlie is able to confirm the 
seller's assurance by reading the label affixed to the aircraft. 
Charlie's UAS is a ``limited remote identification UAS,'' which means 
it is designed and produced to operate no more than 400 feet from its 
control station and cannot broadcast remote identification message 
elements. Under part 89, he is only allowed to operate his limited 
remote identification unmanned aircraft within visual line of sight. 
Prior to his purchase, Charlie visits the FAA's website and confirms 
that his UAS has an FAA-accepted declaration of compliance. After the 
previous UAS owner de-registers the unmanned aircraft as required by 
Sec.  48.105(b)(2), Charlie goes online to the FAADroneZone website, 
applies for, and is issued a Certificate of Aircraft Registration under 
part 48. During the registration process, he provides the UAS 
manufacturer name, the model name, and the aircraft's manufacturer-
issued serial number.
    Because Charlie is required to register his unmanned aircraft, he 
is also subject

[[Page 72470]]

to the remote identification operating rules in part 89. This means 
that before Charlie can start to use the UAS, he must subscribe to a 
USS. He subscribes to Bravo, Inc., an FAA-qualified Remote ID USS and 
opts to use the unmanned aircraft's serial number for the UAS 
Identification message element. Charlie's UAS is designed to pair with 
his smartphone to transmit the remote identification message elements 
through an internet connection to a USS. Because Charlie's UAS cannot 
broadcast remote identification message elements, it does not function 
unless his smartphone is connected to the internet and transmitting 
through that internet connection to Bravo USS. If Charlie's UAS loses 
its connection to either the internet or is unable to transmit to Bravo 
USS in the middle of an operation, he would be required to land the 
aircraft as soon as practicable. Charlie may take off again as soon as 
his UAS reestablishes its connection to the internet and can transmit 
to a Remote ID USS.
4. Operating a UAS Without Remote Identification
    Linus wants to fly a UAS without remote identification that he 
assembled at home from parts he bought at a hobby shop a few years ago. 
He uses his unmanned aircraft exclusively as a model aircraft. Since he 
registered his unmanned aircraft in 2018, before the effective date of 
the remote identification rule, he was not required to provide any 
specific information about the aircraft, such as the serial number. 
Linus's aircraft registration expires in 2021, and he will renew the 
registration of his unmanned aircraft on the FAADroneZone website. At 
that time, he would have to submit the unmanned aircraft's manufacturer 
and model name as part of the registration process. Because Linus built 
his own UAS, he plans to use his own name as the manufacturer and use a 
model number of his choosing.
    Because his UAS does not have any remote identification 
capabilities, Linus knows he may only operate it within an FAA-
recognized identification area. Linus is a member of the Arizona 
Amateur Modelers (AAM) organization, which has an FAA-recognized 
identification area near his home. He found information about AAM's 
FAA-recognized identification area at the FAA website and has agreed to 
AAM's terms and conditions for operating within the FAA-recognized 
identification area. While operating there, Linus makes sure that both 
he and the unmanned aircraft physically stay within the boundaries of 
the FAA-recognized identification area. Linus operates the unmanned 
aircraft within visual line of sight and in accordance with any 
applicable operational rules and site-specific safety guidelines.
5. Flying in an FAA-Recognized Identification Area
    Scenario 1: Linus owns another UAS which is a standard remote 
identification UAS and wants to operate it at AAM's FAA-recognized 
identification area. Since his second UAS is a standard remote 
identification UAS, even when operating within the boundaries of the 
FAA-recognized identification area, he is still required to ensure that 
the standard remote identification UAS transmits the applicable remote 
identification message elements through an internet connection to a 
Remote ID USS and broadcasts directly from the unmanned aircraft. The 
remote identification requirements for Linus are no different inside or 
outside of the FAA-recognized identification area when he is operating 
a UAS with remote identification.
    Scenario 2: Linus owns a third UAS--this one a limited remote 
identification UAS--which was given to him as a birthday present. He 
decided he would try out his new limited remote identification UAS 
after he finished posting on his blog. While working on his computer, 
there was a massive power outage that took out all communications in 
the city. Since Linus lost connection to the internet in both his 
computer and mobile phone, he decided he would go fly his limited 
remote identification UAS at the nearby FAA-recognized identification 
area until the internet came back and he could finish working on his 
blog. When Linus arrived at the FAA-recognized identification area, he 
took out the limited remote identification UAS from its box, turned it 
on, and attempted to fly. The limited remote identification UAS did not 
lift off. Linus realized that he was going to have to go back home to 
get his standard remote identification UAS or his UAS with no remote 
identification capabilities. Even though he was at an FAA-recognized 
identification area, he would not be able to fly his limited remote 
identification UAS because the limited remote identification UAS cannot 
broadcast remote identification message elements and was produced to 
meet requirements that prevent it from taking off when it cannot 
connect to the internet and transmit to a Remote ID USS. Linus will be 
able to operate his limited remote identification UAS at the FAA-
recognized identification area or elsewhere when the connection to the 
internet is reestablished and his limited remote identification UAS is 
able to transmit to a Remote ID USS.
    Scenario 3: Sam is cleaning out his closet and finds a UAS that he 
bought a number of years ago. The UAS was purchased before the remote 
identification rule went into effect and the unmanned aircraft weighs 1 
pound. He remembers registering the unmanned aircraft, but knows it 
does not have remote identification. Sam is aware that some older UAS 
manufactured without remote identification could receive a software 
update that makes them remote identification compliant. He checks the 
UAS manufacturer's website, but unfortunately his model of UAS is not 
eligible for an update. Because Sam's unmanned aircraft is required to 
be registered and does not have remote identification, Sam can only 
operate it at an FAA-recognized identification area.

XI. Law Enforcement Access to Remote Identification and Registration 
Information

    In addition to aiding the FAA in its civil enforcement of FAA 
regulations, the FAA anticipates that with the implementation of the 
proposed remote identification requirements, law enforcement and 
national security agencies would find the remote identification 
information useful for criminal enforcement, public safety, and 
security purposes. There are over 18,000 law enforcement and security 
agencies across the United States, many of which would seek access to 
remote identification information to respond to emerging threats or as 
part of an investigation.
    The FAA envisions it would facilitate near real-time access to the 
remote identification message elements (paired with certain 
registration data, when necessary) for accredited and verified law 
enforcement and Federal security partners. The information could be 
used to identify and possibly contact the person manipulating the 
flight controls of a UAS in response to potentially unsafe or nefarious 
UAS activities. Potential scenarios include local law enforcement or 
Federal agencies seeking information in response to nuisance calls from 
private citizens or large crowd event managers; UAS at emergency scenes 
(e.g., fires, motor vehicle accident scenes); critical infrastructure 
protection; UAS around airports; and manned aircraft encounters with 
UAS. Law enforcement agencies would be able to access remote 
identification information in near real-time and also access remote 
identification information maintained by Remote ID USS.

[[Page 72471]]

    Remote identification would assist in providing law enforcement and 
security agencies with important information about the UAS in real 
time, including the location of the control station and therefore the 
location of the person manipulating the flight controls of the UAS. 
This information would better enable law enforcement to immediately 
find the location of the person manipulating the flight controls of a 
UAS and help with preliminary threat discrimination. In addition, when 
correlated with registration information, remote identification of UAS 
also would enable law enforcement officers to determine some 
information about who the UAS' owner is before engaging the person 
manipulating the flight controls of a UAS directly. Once located, a law 
enforcement officer can speak with the person manipulating the flight 
controls of a UAS to gain potential insight into his or her intentions 
and allow the officer to either educate the person manipulating the 
flight controls of a UAS or begin an investigation. Although remote 
identification of UAS may not deter nefarious actors, it would allow 
the swift interdiction of the clueless and careless persons 
manipulating the flight controls of UAS and shift law enforcement and 
security partners' UAS protection efforts to the truly nefarious 
actors. This information would also aid in any subsequent criminal or 
civil enforcement action.
    Remote identification information, when correlated with UAS 
registry information, would inform law enforcement officers about two 
essential factors: Who registered the UAS, and where the person 
manipulating the flight controls of a UAS is currently located. This is 
particularly relevant to a law enforcement officer's decision on 
whether use of force would be appropriate. Law enforcement officials 
have made clear that it can be very difficult to make a decision about 
the potential intent of a person manipulating the flight controls of a 
UAS with the limited information available from visually observing a 
UAS. Remote identification information would enable better threat 
discrimination, an immediate and appropriate law enforcement response, 
and a more effective follow-on investigation.
    As part of this NPRM, the FAA has conducted a Privacy Impact 
Assessment. The PIA found the NPRM requirements that affect privacy 
include, among others, the registration of the UAS with the FAA, the 
transmission of data from the UAS to Remote ID USS, and the broadcast 
of data from standard remote identification UAS to any person capable 
of receiving broadcasts. As noted elsewhere in this NPRM, the FAA 
anticipates that the message elements related to any standard remote 
identification UAS or limited remote identification UAS are publicly 
available information and may be accessed by any person able to receive 
a broadcast or who has access to a Remote ID USS. Currently, the FAA 
restricts access to information contained in its small unmanned 
aircraft registration system; the FAA is not proposing to change the 
restrictions regarding that information.
    The PIA discusses the information proposed to be collected and the 
uses of that information. The PIA points to several mitigation 
strategies including: limiting collection to only relevant and 
necessary personally identifiable information (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. 
A copy of the draft PIA is posted in the docket for this 
rulemaking.\65\
---------------------------------------------------------------------------

    \65\ Upon finalization, PIAs are posted on the Department of 
Transportation's Privacy Program page, available at https://www.transportation.gov/individuals/privacy/privacy-impact-assessments#Federal%20Aviation%20Administration%20(FAA).
---------------------------------------------------------------------------

    The following paragraphs provide notional scenarios regarding how 
the FAA envisions the proposed rule would apply to law enforcement 
agents.
    Lucy is a sheriff's deputy in Boone County, Montana, and is 
assigned to provide a law enforcement presence at an outdoor concert. 
At one point during the event, Lucy observes an unmanned aircraft 
circling above the crowd. She opens an application (app) for law 
enforcement \66\ on her smartphone, which identifies the UAS and 
indicates that the UAS operator is located 90 feet away from where she 
is standing. She approaches a man holding a UAS controller who appears 
to be operating the UAS. The UAS operator tells her he is filming the 
crowd for the purposes of creating and selling a video of the event. 
Lucy's app informs her that the unmanned aircraft is not registered. 
Through the conversation, Lucy learns that the person manipulating the 
flight controls of the UAS is unaware of the rules for operating 
unmanned aircraft over people. She also discovers that the person 
manipulating the flight controls of the UAS does not hold an FAA remote 
pilot certificate. Based on the information available to Lucy, she 
requests that the person manipulating the flight controls of the UAS 
land the UAS in a manner that ensures the safety of the concert 
audience. After the unmanned aircraft lands, she collects the pilot's 
information, takes appropriate local law enforcement action, and 
forwards the information to the FAA for appropriate action.
---------------------------------------------------------------------------

    \66\ The FAA anticipates that in the future, third parties may 
develop mobile phone applications for law enforcement use.
---------------------------------------------------------------------------

    In another scenario, Officer Schroeder, a law enforcement officer 
working at a national security facility, sees a UAS operating near a 
protected area of the facility that is not transmitting any remote 
identification information. He knows this because he has an internet-
connected tablet computer with an application developed for law 
enforcement that displays remote identification information for UAS 
operating nearby. Because the UAS is not transmitting any remote 
identification information, he is unable to access information that 
could identify the UAS and indicate the location of the person 
manipulating the flight controls of the UAS. He visually scans an area 
on the ground below where the UAS is operating but does not see anyone 
that could be the person manipulating the flight controls of the UAS. 
After completing his risk assessment, Officer Schroeder determines the 
UAS is a potential threat and takes action in accordance with his 
agency's procedures.
    On a different occasion, Officer Schroeder is alerted to the 
presence of a UAS near the same protected area of the facility because 
the UAS is transmitting remote identification information in accordance 
with FAA regulatory requirements. Officer Schroeder is able to identify 
the UAS and sees the location of the person manipulating the flight 
controls of the UAS on a tablet computer. The serial number being 
transmitted by the UAS is used to determine that the registered owner 
is Schultz Inspection Services. Officer Schroeder checks the facility's 
log of authorized UAS activities for the day and determines that 
Schultz

[[Page 72472]]

Inspection Services is conducting an authorized inspection.

XII. Means of Compliance

A. Introduction

    Performance-based regulations describe outcomes, goals, or results 
without establishing a specific means or process for regulated entities 
to follow. Under certain FAA performance-based rules, a person may use 
a means of compliance to meet these performance requirements.
    The FAA recognizes that UAS technology is continually evolving, 
making it necessary to harmonize new regulatory action with 
technological growth. Setting performance requirements is one way to 
promote that harmonization. Developing a regulatory framework with 
performance-based requirements rather than prescriptive text provides a 
flexible regulation that allows a person to develop means of 
compliance--which may include consensus standards--that adjust to the 
fast pace of technological change, innovation, design, and development 
while still meeting the regulatory requirements. The FAA believes that 
the use of an FAA-accepted consensus standard as a means of compliance 
would provide stakeholders this flexibility to comply with the remote 
identification requirement.
    The FAA recognizes that consensus standards are one way, but not 
the sole means, to show compliance with the performance requirements of 
the proposed part 89. The FAA emphasizes that, although a means of 
compliance developed by a consensus standards body (e.g., ASTM 
International (ASTM), Society of Automotive Engineers (SAE), Consumer 
Technology Association (CTA), etc.) may be available, any individual or 
organization would also be able to submit its own means of compliance 
to the Administrator for consideration and potential acceptance.
    The FAA encourages consensus standards bodies to develop means of 
compliance and submit them to the FAA for acceptance. These bodies 
generally incorporate openness, balance, due process, appeals process, 
and peer review. The FAA has an extensive history of working with 
consensus standards bodies such as ASTM International, SAE, and 
Institute of Electrical and Electronics Engineers (IEEE). Section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 (NTAA) 
\67\ directs Federal agencies to use consensus standards in lieu of 
government-unique standards except where inconsistent with law or 
otherwise impractical. The FAA intends to rely increasingly on 
consensus standards as FAA-accepted means of compliance for UAS 
performance-based regulations for remote identification, consistent 
with FAA precedent for general aviation aircraft and other initiatives 
taken with respect to UAS.
---------------------------------------------------------------------------

    \67\ Public Law 104-113; 15 U.S.C. 3701 et seq.
---------------------------------------------------------------------------

    The proposed approach aligns with the direction of the Office of 
Management and Budget (OMB) Circular A-119, which favors the use of 
performance-based regulations and voluntary consensus standards. OMB 
Circular A-119 states that, for cases in which no suitable voluntary 
consensus standards exist, an agency may consider using other types of 
standards. In addition, an agency may develop its own standards or use 
other government-unique standards, solicit interest from qualified 
standards development organizations for development of a standard, or 
develop a standard using the process principles outlined in Section 2e 
of the Circular.\68\ OMB Circular A-119 cautions regulators to avoid 
standards with biases in favor of a few large manufacturers that create 
an unfair competitive advantage.
---------------------------------------------------------------------------

    \68\ OMB Circular A-119, Section 5d.
---------------------------------------------------------------------------

B. Applicability

    The FAA is proposing that--with limited exceptions--all UAS 
produced for operation in the United States would be required to be 
designed and produced to meet the performance requirements of proposed 
part 89 in accordance with an FAA-accepted means of compliance for 
remote identification. The FAA is also proposing that persons operating 
a UAS within the airspace of the United States (other than within FAA-
recognized identification areas) would be prohibited from doing so 
unless the UAS meets the requirements of the rule.
    Subpart D of the proposed rule prescribes the minimum remote 
identification message element set and minimum performance requirements 
for standard remote identification UAS and limited remote 
identification UAS. Specifically, Sec.  89.305 and Sec.  89.315 
establish the proposed minimum message elements which would have to be 
broadcast or transmitted, as appropriate, by standard remote 
identification UAS and limited remote identification UAS. The minimum 
remote identification message element requirements are discussed in 
greater detail in section XII.C of this preamble. Sections 89.310 and 
89.320 propose the minimum performance requirements for standard remote 
identification UAS and limited remote identification UAS. These 
requirements are discussed in section XII.D of this preamble.
    Subpart E of the proposed rule would prescribe the requirements for 
the submission (Sec.  89.405) and acceptance (Sec.  89.410) of means of 
compliance used in the design and production of standard remote 
identification UAS or limited remote identification UAS to ensure such 
UAS meet the minimum performance requirements of subpart D. The process 
for submission and acceptance of a means of compliance is discussed in 
section XII.F of this preamble.

C. Remote Identification Message Elements

    The FAA is proposing the minimum message elements necessary for the 
remote identification of UAS. These message elements contain the data 
required to meet the objectives of the proposed rule. Although the 
message elements are designed specifically to meet remote 
identification requirements, the FAA anticipates the proposed message 
elements would also support future UTM services.
    Under proposed Sec.  89.315, the message elements for limited 
remote identification UAS would include: (1) The UAS Identification; 
(2) an indication of the control station's latitude and longitude; (3) 
an indication of the control station's barometric pressure altitude; 
(4) a time mark; and (5) an indication of the emergency status of the 
UAS.
    Under proposed Sec.  89.305, the message elements for standard 
remote identification UAS would include the same message elements 
required for limited remote identification UAS plus (1) an indication 
of the unmanned aircraft's latitude and longitude, and (2) an 
indication of the unmanned aircraft's barometric pressure altitude.
    In accordance with Sec.  89.120, unless authorized by the 
Administrator to operate UAS for the purpose of aeronautical research 
or showing compliance with regulations, a person operating a UAS that 
does not meet the requirements for standard remote identification UAS 
under Sec.  89.110 or for limited remote identification UAS under Sec.  
89.115 would only be allowed to operate within FAA-recognized 
identification areas.
1. UAS Identification
    The UAS Identification message element establishes the unique 
identity of UAS operating in the airspace of the United States. This 
message element would consist of one of the following:

[[Page 72473]]

     A serial number assigned to the unmanned aircraft by the 
person responsible for the production of the standard or limited remote 
identification unmanned aircraft system; or
     A session identification number (session ID) assigned by a 
Remote ID USS.
    The FAA considered but is not proposing to use the unmanned 
aircraft registration number instead of a serial number as the UAS 
Identification. A serial number is a unique identifier issued by the 
UAS producer to identify and differentiate individual aircraft. The 
serial number is preferable as a unique identifier in a remote 
identification message because it would be encoded into the unmanned 
aircraft system during production whereas a registration number is 
provided to the owner of the unmanned aircraft and may change for that 
aircraft if the unmanned aircraft is resold. In addition, a 
registration number is assigned by the FAA only after a UAS owner 
applies for one, whereas a serial number would be assigned prior to the 
UAS being purchased and would provide a means for the UAS to send out a 
remote identification message, even if it is not registered. The FAA 
anticipates a UAS would be designed to broadcast and transmit, as 
appropriate, its serial number regardless of whether the unmanned 
aircraft has been registered or not.
i. Session Identification
    The FAA is proposing an option for UAS operators to be able to use 
a session ID assigned by a Remote ID USS as the UAS Identification, 
instead of the unmanned aircraft serial number. This would provide a 
layer of operational privacy. The association between a given session 
ID and the unmanned aircraft serial number would not be available to 
the public through the broadcast message. This association would be 
available to the issuing Remote ID USS, the FAA, and other authorized 
entities, such as law enforcement. The FAA recognizes there could be 
concerns with the transmission of the serial number from UAS conducting 
routine or repetitive operations. For example, some businesses 
operating UAS may be concerned with the collection and analysis of 
flight information by their competitors in a manner that reveals 
sensitive business practices, such as the flight profile of an 
individual UAS over time. Allowing a UAS to broadcast and transmit to a 
Remote ID USS, as appropriate, a session ID instead of a serial number 
would provide operational privacy to these operators without adversely 
impacting the safety and security needs of the FAA, national security 
agencies, and law enforcement. Where a session ID has been issued, the 
FAA and authorized entities would have the means to correlate the 
session ID to the UAS serial number and would consequently be able to 
correlate the UAS serial number to its registration data.
ii. Correspondence Between Serial Number and Session ID
    The FAA is proposing in Sec.  89.310(j)(1) to require standard 
remote identification UAS to use the same remote identification message 
elements, including the same UAS Identification, when transmitting to a 
Remote ID USS and broadcasting directly from the unmanned aircraft. The 
FAA considers that the UAS Identification should be required to be 
identical because a lack of consistency regarding this message element 
could create confusion as to who is flying in the airspace of the 
United States. If the broadcast message and the transmission to the 
Remote ID USS contain different UAS Identifications, it may potentially 
appear as if there are two different aircraft in the airspace instead 
of one in a particular location.
2. An Indication of the Control Station's Latitude and Longitude
    As proposed in Sec.  89.305(b) for standard remote identification 
UAS and Sec.  89.315(b) for limited remote identification UAS, the FAA 
would require a UAS to transmit the latitude and longitude of its 
control station through an internet connection to a Remote ID USS. In 
addition, standard remote identification UAS would have to broadcast 
this information. This message element would be derived from a position 
source, such as a GPS receiver. The FAA notes that it is not proposing 
a specific type of position source used to determine this information 
to allow the greatest flexibility to designers and producers of UAS. 
The FAA would require that the person manipulating the flight controls 
of the UAS is co-located with the control station; therefore, knowing 
the control station location would also provide the location of the 
person manipulating the flight controls. This message element would be 
used by the FAA and authorized entities to locate the UAS operator when 
necessary for the safety, security, or efficiency of aircraft 
operations in the airspace of the United States.
3. An Indication of the Control Station's Barometric Pressure Altitude
    As proposed in Sec.  89.305(c) for standard remote identification 
UAS and Sec.  89.315(c) for limited remote identification UAS, the FAA 
would require an indication of the control station's barometric 
pressure altitude, referenced to standard sea level pressure of 29.92 
inches of mercury or 1013.2 hectopascals. This information would be 
used to establish a standard altitude reference for UAS operating in 
the airspace of the United States and provide information that could be 
used to approximate the control station's height above ground level. 
This information is necessary for instances where the person 
manipulating the flight controls of the UAS is not at ground level, 
such as a person operating a UAS from the roof of a building.
    The FAA considered and rejected a requirement to indicate the 
control station's geometric altitude, which is a measure of altitude 
provided by GPS that is not affected by atmospheric pressure. 
Barometric pressure altitude is a more precise measurement than 
geometric altitude and is the standard altitude reference for aviation. 
While systems such as ADS-B require an indication of both barometric 
pressure altitude and geometric altitude, those requirements are 
necessary to ensure the safe separation of aircraft in controlled 
airspace. The FAA concluded that a single altitude reference for UAS 
with remote identification equipment is sufficient for identification 
and thus is proposing to use only barometric pressure altitude. The FAA 
requests comments regarding whether both barometric pressure altitude 
and geometric altitude of the control station should be part of the 
remote identification message elements.
4. An Indication of the Unmanned Aircraft's Latitude and Longitude
    As proposed in Sec.  89.305(d) for standard remote identification 
UAS, this message element would provide the position of the unmanned 
aircraft using its latitude and longitude and would be derived from a 
position source, such as a GPS receiver. This message element would be 
used to associate a specific unmanned aircraft with its associated 
control station position. It would also be used to provide situational 
awareness to other aircraft, both manned and unmanned, operating 
nearby. Manned aircraft, especially those operating at low altitudes 
where UAS operations are anticipated to be the most prevalent, such as 
helicopters and agricultural aircraft, could carry the necessary

[[Page 72474]]

equipment to display the location of UAS operating nearby. Facility 
operators could use latitude and longitude information to know about 
the location of UAS operating near an airport, airfield, or heliport. 
The FAA notes that this proposed requirement would not apply to limited 
remote identification UAS, which would be required to transmit message 
elements regarding the location of the control station only through an 
internet connection to a remote ID USS.
5. An Indication of the Unmanned Aircraft's Barometric Pressure 
Altitude
    As proposed in Sec.  89.305(e) for standard remote identification 
UAS, this message element would indicate the unmanned aircraft's 
barometric pressure altitude referenced to standard sea level pressure 
of 29.92 inches of mercury or 1013.2 hectopascals. This information 
would be used to establish a standard altitude reference for UAS 
operating in the airspace of the United States. It would also be used 
to provide situational awareness to other aircraft, both manned and 
unmanned, operating nearby. The FAA notes that this proposed 
requirement would not apply to limited remote identification UAS, which 
would be required to transmit through an internet connection to a 
Remote ID USS message elements regarding the location of the control 
station only. The FAA considered and rejected a requirement to indicate 
the unmanned aircraft's geometric altitude, concluding that a single 
altitude reference--barometric pressure altitude--is sufficient (see 
discussion in XII.C.3 of this preamble). The FAA requests comments 
regarding whether both barometric pressure altitude and geometric 
altitude of the unmanned aircraft should be part of the remote 
identification message elements.
6. Time Mark
    This message element would provide a time mark identifying the 
Coordinated Universal Time (UTC) time of applicability of a position 
source output. A position source output is the latitude and longitude 
coordinates of the unmanned aircraft or control station, as applicable. 
The time of applicability is therefore a record of the UTC time when 
the UAS was at a particular set of coordinates. As proposed in Sec.  
89.305(f) for standard remote identification UAS, the time mark would 
apply to the position source output for both the control station and 
the unmanned aircraft. For limited remote identification UAS, the same 
requirement is proposed in Sec.  89.315(d), but the time mark would 
only be applicable to the control station position source output. While 
the FAA is not proposing a particular format for the time mark, the FAA 
anticipates that a means of compliance that specifies a GPS position 
source would also specify a GPS time mark.
    As an unmanned aircraft or control station position changes, the 
position source, such as a GPS receiver, provides continuous outputs 
that indicate the new position of the unmanned aircraft or control 
station. The time mark message element would be used to indicate the 
time a particular unmanned aircraft or control station location was 
measured, therefore providing information that can be used to correlate 
the time and location of unmanned aircraft operating in the airspace of 
the United States.
7. An Indication of the Emergency Status of the UAS
    As proposed in Sec.  89.305(g) for standard remote identification 
UAS and Sec.  89.315(e) for limited remote identification UAS, this 
message element would specify a code that indicates the emergency 
status, which could include lost-link, downed aircraft, or other 
abnormal status of the UAS. The FAA anticipates that a standard for 
remote identification would specify the different emergency codes 
applicable to unmanned aircraft affected by this rule. This message 
element could be initiated manually by the person manipulating the 
flight controls of the UAS or automatically by the UAS, depending on 
the nature of the emergency and the UAS capabilities. This message 
element would alert others that the UAS is experiencing an emergency 
condition and would indicate the type of emergency. The requirement 
would be useful for a multitude of reasons. For example, security 
personnel could use an emergency status to differentiate a nefarious 
actor from a malfunctioning unmanned aircraft. Other users of the 
airspace of the United States or Remote ID USS could use the 
information to make informed decisions about how best to keep nearby 
aircraft out of the way of an unmanned aircraft experiencing an 
emergency. Thus, the emergency status requirement would contribute to a 
safer and more efficient airspace of the United States.

D. Minimum Performance Requirements

    The proposed rule would require standard remote identification UAS 
to meet the minimum performance requirements established in Sec.  
89.310 by using an FAA-accepted means of compliance. These requirements 
relate to the control station location, automatic connection to a 
Remote ID USS, time mark, self-testing and monitoring, tamper 
resistance, connectivity, error correction, interference 
considerations, message transmission, and message elements performance 
requirements.
    The proposed rule would require limited remote identification UAS 
to meet the minimum performance requirements established in Sec.  
89.320 by using an FAA-accepted means of compliance. The performance 
requirements for limited remote identification UAS cover the topics 
addressed in the requirements for standard remote identification UAS 
not related to broadcast functionality, and include criteria for range 
limitation.
1. Control Station Location
    As proposed in Sec.  89.310(a) for standard remote identification 
UAS and Sec.  89.320(a) for limited remote identification UAS, the FAA 
would require all UAS with remote identification to generate and encode 
a control station location that corresponds to the location of the 
person manipulating the flight controls of the UAS. The rationale for 
this requirement is to assist the FAA and authorized persons using this 
information to locate the person manipulating the flight controls of 
the UAS. The FAA envisions that in some situations, the control station 
might be a distributed system where some elements, such as a remotely 
sited uplink antenna, might not be located in a close enough proximity 
to the person manipulating the flight controls of the UAS. Thus, the 
FAA intends for an FAA-accepted means of compliance to outline a 
process for UAS designers and producers to determine which part or 
element of the control station should be incorporated into the remote 
identification message due to its close proximity to the person 
manipulating the flight controls of the UAS.
2. Automatic Remote ID USS Connection
    As proposed in Sec.  89.310(b) for standard remote identification 
UAS and Sec.  89.320(b) for limited remote identification UAS, the FAA 
is proposing that from takeoff to landing, the UAS would be required to 
automatically maintain a connection to the internet when available and 
would be required to transmit the message elements to a Remote ID USS 
through that connection. The FAA envisions that UAS would connect to an 
internet-based Remote ID USS upon initialization. This process would be 
similar to the way cell phones automatically connect to cellular 
networks without user input

[[Page 72475]]

when the cell phones are turned on and when they are within range of a 
cellular network. Standard remote identification UAS would also be 
required to broadcast message elements.
    The FAA welcomes comments on whether the connection should be 
required from takeoff to landing or whether it should be required from 
start up to shut down.
3. Time Mark
    As proposed in Sec. Sec.  89.310(c) for standard remote 
identification UAS and Sec.  89.320(c) for limited remote 
identification UAS, the FAA is proposing that all UAS with remote 
identification would be required to generate and transmit through an 
internet connection to a Remote ID USS messages with the time mark 
message element; standard remote identification UAS would broadcast the 
message element as well. The time mark message element would have to be 
synchronized to the time when all other message elements are generated. 
The purpose of this requirement is to ensure that position and other 
data contained in remote identification messages would have a usable 
time reference for the purposes of reconstructing unmanned aircraft 
flight profiles.
4. Self-Testing and Monitoring
    The FAA is proposing in Sec.  89.310(d) for standard remote 
identification UAS and Sec.  89.320(d) for limited remote 
identification UAS, to require UAS with remote identification to 
automatically test the remote identification functionality when the UAS 
is powered on and to notify the person manipulating the flight controls 
of the UAS of the result of the test. Further, the FAA is proposing to 
prohibit these UAS from taking off if the remote identification 
equipment is not fully functional. Since a person would only be allowed 
to operate a standard remote identification UAS or a limited remote 
identification UAS if its remote identification equipment is functional 
(Sec.  89.110(c)(2) and Sec.  89.115(c)(2)), the FAA envisions that UAS 
designers and producers would build a notification system to alert 
potential operators of any remote identification equipment-related 
malfunction. This notification requirement would help operators comply 
with the operating requirements of proposed part 89.
    The FAA is also proposing to require UAS to continuously self-
monitor the remote identification functionality throughout the flight 
and to provide notification of malfunction or failure to the person 
manipulating the flight controls of the UAS. With this capability, the 
person manipulating the flight controls of the UAS can make informed 
decisions about what actions to take to minimize risk to other users of 
the airspace and people and property on the ground. This requirement is 
necessary because, as proposed in Sec.  89.110(b), a standard remote 
identification UAS would be required to land as soon as practicable if 
it loses broadcast capability in-flight. Similarly, a limited remote 
identification UAS would be required to land as soon as practicable if 
it can no longer transmit the message elements through an internet 
connection to a Remote ID USS, as proposed in Sec.  89.115(b).
5. Tamper Resistance
    The FAA is proposing in Sec.  89.310(e) for standard remote 
identification UAS and in Sec.  89.320(e) for limited remote 
identification UAS to require that UAS with remote identification be 
designed and produced in a way that reduces the ability of a person to 
tamper with the remote identification functionality. The FAA envisions 
the UAS would have tamper-resistant design features to hinder the 
ability to make unauthorized changes to the remote identification 
equipment or messages.
6. Connectivity
    For standard remote identification UAS, the FAA is proposing in 
Sec.  89.310(f)(1) and Sec.  89.310(f)(2) that if the internet is 
available at takeoff, the unmanned aircraft would be required to be 
designed and produced so that it would not be able to take off unless 
it is connected to the internet and transmitting the message elements 
in proposed Sec.  89.305 through that internet connection to a Remote 
ID USS.
    In addition, the FAA is proposing to require that the message 
elements be broadcast directly from the unmanned aircraft. If the 
internet is unavailable at takeoff, the standard remote identification 
UAS would not be able to take off unless it is broadcasting the message 
elements. Further, in Sec.  89.310(f)(3), the FAA is proposing to 
require a standard remote identification UAS to continuously monitor 
its connection to the internet and the transmission of remote 
identification message elements to a Remote ID USS. If either is lost, 
the UAS would have to notify the person manipulating the flight 
controls of the UAS so he or she may take appropriate action, as 
needed.
    For limited remote identification UAS, the FAA is proposing in 
Sec.  89.320(f)(1) that if the internet is available at takeoff, the 
limited remote identification UAS would be required to be designed and 
produced in such a way that it would not be able to take off until it 
establishes a connection to the internet and transmits the message 
elements in proposed Sec.  89.315 through that internet connection to a 
Remote ID USS. If the internet is unavailable at takeoff, the limited 
remote identification UAS would not be able to take off because, unlike 
a standard remote identification UAS, a limited remote identification 
UAS would not be able to broadcast the remote identification message 
elements in Sec.  89.305 or Sec.  89.315. Further, under proposed Sec.  
89.320(f)(2), a limited remote identification UAS would be required to 
continuously monitor the connection to the internet and the 
transmission of remote identification message elements to a Remote ID 
USS. If connection to the internet is lost or the UAS stops 
transmitting to a Remote ID USS, the UAS would be required to notify 
the person manipulating the flight controls of the UAS so that the 
person may land the limited remote identification UAS as soon as 
practicable.
7. Error Correction
    As proposed in Sec.  89.310(g) for standard remote identification 
UAS and Sec.  89.320(g) for limited remote identification UAS, the FAA 
is proposing to require all UAS with remote identification equipment to 
incorporate error correction in the transmission and broadcast of the 
message elements, as appropriate. Error correction would allow remote 
identification broadcast receivers, such as smart phones, and Remote ID 
USS to detect potential errors that may exist in the message, and take 
the appropriate action. The FAA is not proposing any specific 
algorithms or technologies that would be required to be incorporated 
into an FAA-accepted means of compliance. Instead, the error correction 
capabilities incorporated into a proposed means of compliance would be 
reviewed and evaluated as a part of the acceptance process.
8. Interference Considerations
    As proposed in Sec.  89.310(h) for standard remote identification 
UAS and in Sec.  89.320(h) for limited remote identification UAS, and 
consistent with FCC regulations, the FAA would prohibit the remote 
identification equipment from causing harmful interference to other 
systems or equipment installed on the unmanned aircraft or control 
station. For example, the remote identification equipment could not 
cause harmful interference to the UAS command and control datalink and 
could not otherwise be in violation of FCC regulations. In addition, 
the

[[Page 72476]]

remote identification equipment would not meet the requirements of this 
rule if its operation would be adversely affected by interference from 
other systems or equipment installed on the unmanned aircraft or 
control station, such as the UAS command and control datalink or a 
camera feed from the unmanned aircraft to a display at the control 
station.
    A specific means of compliance may include requirements to use 
specific radio frequency emitters and receivers. The FAA envisions that 
a proposed means of compliance could include an analysis of frequency 
congestion and interference considerations. For example, a proposed 
means of compliance could require analysis and mitigation of 
interference from equipment on the ground as well as other similarly 
equipped unmanned aircraft in the air. Additionally, the means of 
compliance could also consider the impact those equipped aircraft could 
have on manned aircraft or equipment on the ground that use the same 
frequency bands (e.g., personal electronic devices). The FAA does not 
propose a particular method by which interference considerations are 
identified or mitigated by designers or producers. Instead, the FAA 
would consider proposed methods for dealing with interference 
considerations and would verify that they are appropriate for the types 
of equipment and operations applicable to those means of compliance and 
do not run counter to any applicable regulations, including FCC 
regulations.
9. Message Transmission
    The FAA is proposing in Sec.  89.310(i)(1) that standard remote 
identification UAS be capable of transmitting the message elements in 
proposed Sec.  89.305 through an internet connection to a Remote ID 
USS. Additionally, the FAA is proposing in Sec.  89.310(i)(2) to 
require that standard remote identification UAS be capable of 
broadcasting the message elements in proposed Sec.  89.305 using a non-
proprietary broadcast specification and radio frequency spectrum in 
accordance with 47 CFR part 15 that is compatible with personal 
wireless devices. The FAA envisions that remote identification 
broadcast equipment would broadcast using spectrum similar to that used 
by Wi-Fi and Bluetooth devices. The FAA is not, however, proposing a 
specific frequency band. Rather, the FAA envisions industry 
stakeholders would identify the appropriate spectrum to use for this 
capability and would propose solutions through the means of compliance 
acceptance process. This requirement would ensure that the public has 
the capability, using existing commonly available and 47 CFR part 15 
compliant devices, such as cellular phones, smart devices, tablet 
computers, or laptop computers, to receive these broadcast messages.
    The FAA has considered the conditions of operation, the general 
technical requirements, and the performance limitations associated with 
the use of part 15 devices and has determined that these conditions, 
requirements, and limitations would be acceptable and compatible with 
the proposed use and expected performance of the broadcast capability 
of standard remote identification UAS. The FAA acknowledges that, by 
rule, part 15 devices, including those used for the remote 
identification broadcast, may not cause harmful interference and must 
accept any interference received.
    To meet the proposed requirement of compatibility with personal 
wireless devices, a means of compliance may take into consideration 
whether the remote identification capability would be compatible with 
current and older models of personal wireless devices still in common 
usage. The FAA intends the proposed requirement to ensure that the 
broadcast message from standard remote identification UAS would be 
accessible by most personal wireless devices in use.
    Additionally, for standard remote identification UAS, Sec.  
89.310(i)(2) proposes that the broadcast device use radio frequency 
spectrum in accordance with 47 CFR part 15 that is compatible with 
personal wireless devices and must be designed to maximize the range at 
which the broadcast can be received, while complying with the 47 CFR 
part 15 regulatory requirements in effect at the time that the 
Declaration of Compliance is submitted for FAA acceptance, and must be 
integrated into the unmanned aircraft or control station without 
modification to its authorized radio frequency parameters. This 
proposed requirement would ensure that producers use a means of 
compliance that specifies a broadcast technology or broadcast 
technology characteristics that maximize the broadcast range while 
still meeting the other minimum performance requirements under this 
proposed rule. Maximizing the broadcast range would ensure that remote 
identification information would be available to the largest number of 
potential receiving devices within the limits permitted by law. 
Maximized range would also optimize future operational capabilities, 
such as detect-and-avoid and aircraft-to-aircraft communications where 
range is a factor.
    For limited remote identification UAS, the FAA is proposing in 
Sec.  89.320(i) that the UAS be capable of transmitting the message 
elements in proposed Sec.  89.315 through an internet connection to a 
Remote ID USS. Under the proposed rule, limited remote identification 
UAS would be prohibited from broadcasting the remote identification 
message elements.
    For both standard and limited remote identification UAS, at this 
time the FAA has not proposed any requirements regarding how the UAS 
connects to the internet to transmit the message elements or whether 
that transmission is from the control station or the unmanned aircraft. 
The FAA understands, however, that there are concerns about the impact 
that connecting to the internet directly from the unmanned aircraft (as 
opposed to the control station) could have on networks that use radio 
frequency spectrum, including interference, network stability, or other 
effects. The FAA seeks comments on these potential effects, recognizing 
that issues of interference or other impacts to communications networks 
are independently reviewed by the FCC. The FAA requests that comments 
indicate any drawbacks or impacts to users or license holders of either 
licensed or unlicensed spectrum. Additionally, the FAA seeks feedback 
regarding whether any existing UAS are capable of connecting to the 
internet from the unmanned aircraft, and if so, what methods are used 
for those connections.
10. Interoperability
    To achieve interoperability among standard remote identification 
UAS that may be produced using different means of compliance, the FAA 
is also proposing in Sec.  89.310(i)(2) that for standard remote 
identification UAS, a means of compliance would be required to include 
the requirement that the message elements be broadcast using a non-
proprietary specification for remote identification. For the broadcast 
to be interoperable with personal wireless devices, the message 
elements for standard remote identification UAS would have to be 
broadcast using a message format available to the public. A known 
message format is necessary for the receiving personal wireless devices 
to decode the messages and make the message elements available for use 
by software applications on the receiving devices. For example, where 
the UAS remote identification broadcast message format is known to the 
public,

[[Page 72477]]

an entity would be able to develop a mobile phone application that 
allows the user to view unmanned aircraft operating nearby on a map 
display.
11. Message Elements Performance Requirements
    As proposed in Sec.  89.310(j) for standard remote identification 
UAS and Sec.  89.320(j) for limited remote identification UAS, the FAA 
would require that all UAS with remote identification meet certain 
minimum requirements regarding the transmission of the message elements 
including the minimum performance requirements related to positional 
accuracy, barometric pressure, message latency, and message 
transmission rate. The FAA invites comments on whether the parameters 
for the message elements performance requirements proposed in Sec.  
89.310(j) and Sec.  89.320(j) are appropriate and requests commenters 
submit specifics, supported by data, to sustain their position.
i. Transmission and Broadcast of Identical Message Elements
    Under Sec.  89.310(j)(1), the FAA is proposing that standard remote 
identification UAS transmit and broadcast identical message elements.
ii. Positional Accuracy
    The FAA is proposing positional accuracy requirements that are 
compatible with commercial off the shelf position sources, such as GPS 
receivers integrated into many existing UAS, smart phones, or other 
smart devices. For an unmanned aircraft, the position source is 
considered to be equipment onboard the aircraft that computes a 
geodetic position (latitude and longitude). The position source can be 
a separate sensor or can be integrated into other systems. While the 
FAA anticipates that most unmanned aircraft would use a GPS receiver as 
the position source, other equipment could be used as long as it is 
capable of producing the required message elements and meets the 
proposed accuracy requirement. For a control station, the position 
source is considered to be equipment that is either integrated into the 
control station or separate from but in close proximity to the control 
station. For example, a commercially available smart phone with a GPS 
receiver could be an acceptable control station position source if it 
meets the proposed accuracy requirement.
    As proposed in Sec.  89.310(j)(2) for standard remote 
identification UAS, the reported position of the unmanned aircraft and 
control station would have to be accurate to within 100 feet of the 
true position, with 95 percent probability. For limited remote 
identification UAS, the same requirement is proposed in Sec.  
89.320(j)(1) except that it would only apply to the control station 
since the FAA is not proposing an unmanned aircraft location message 
element requirement for limited remote identification UAS. The proposed 
100-foot accuracy requirement is based on the 30-meter (98.4 feet) 
accuracy requirement for commercial off the shelf GPS position sources 
allowed for Traffic Awareness Beacon System (TABS) equipment in TSO-
C199.\69\
---------------------------------------------------------------------------

    \69\ See https://rgl.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/0/1600df588a6f53ae 86257d710070d105/$FILE/TSO-C199.pdf. 
Accessed July 31, 2019.
---------------------------------------------------------------------------

    Based on information the FAA has reviewed from UAS producers and 
smart device technology developers, the FAA believes this accuracy 
requirement is achievable by the majority of GPS-enabled UAS and smart 
devices in use today, and indications are that future GPS-based 
technology will have improved accuracy compared to current systems. The 
FAA expects that future UAS will take advantage of technological 
advancements in position source accuracy to provide even greater 
accuracies as technologies evolve.
iii. Barometric Pressure Altitude Accuracy
    The FAA is proposing an unmanned aircraft and control station 
barometric pressure altitude accuracy requirement that it believes is 
compatible with barometers integrated into many existing UAS, smart 
phones, and smart devices.
    As proposed in Sec.  89.310(j)(3) for standard remote 
identification UAS, the reported barometric pressure altitude for the 
unmanned aircraft and the control station would be required to be 
accurate to within 20 feet of the true barometric pressure altitude for 
pressure altitudes ranging from 0 to 10,000 feet. For limited remote 
identification UAS, the same requirement is proposed in Sec.  
89.320(j)(2) for the control station only, as there is no unmanned 
aircraft pressure altitude message element requirement for limited 
remote identification UAS. Based on information the FAA has reviewed 
from producers of UAS, the FAA believes this requirement is achievable 
by many UAS and smart devices in use today that are equipped with a 
barometer. In addition, there are indications that UAS and smart device 
barometer technology is continually improving in terms of accuracy, and 
the FAA expects the trend of improving performance and accuracy of 
these systems to continue. The FAA seeks comment from UAS designers and 
producers and other interested individuals on whether the proposed 
barometric pressure altitude accuracy requirement is consistent with 
current and anticipated future UAS performance capabilities.
iv. Remote Identification Message Latency
    The FAA is proposing a remote identification system latency 
requirement that it believes is compatible with existing commercial off 
the shelf UAS systems, including position sources, and both transmit 
and broadcast technologies. The proposed latency requirement would 
apply to both the transmitted message set and the broadcast message set 
and is the time between when a position is measured by the unmanned 
aircraft or control station position source and when it is transmitted 
and broadcast by the remote identification equipment. The latency 
requirement does not apply to any systems external to the UAS, such as 
broadcast receivers or information display devices. Based on 
information the FAA has reviewed from manufacturers of commercial off 
the shelf position sources, broadcast equipment, and transmission 
equipment, the FAA believes a latency of no more than one second is 
achievable by existing systems. The FAA therefore proposes that this is 
the appropriate latency requirement for the remote identification 
message set in Sec.  89.310(j)(4) for standard remote identification 
UAS and in Sec.  89.320(j)(3) for limited remote identification UAS.
v. Remote Identification Message Transmission Rate
    The FAA is proposing a transmission rate for the remote 
identification message elements that it believes is compatible with 
existing commercial off the shelf UAS systems, including both internet 
connectivity and broadcast technologies. The proposed transmission rate 
would apply to both the message elements transmitted to a Remote ID USS 
and broadcast, and is the minimum rate at which the remote 
identification message would be either broadcast or transmitted to a 
Remote ID USS by the remote identification equipment. The FAA believes 
a transmission rate of at least 1 message per second (1 hertz) is 
achievable by existing systems and is proposing this as the minimum 
transmission rate for the remote identification message elements in 
Sec.  89.310(j)(5) for standard remote

[[Page 72478]]

identification UAS and Sec.  89.320(j)(4) for limited remote 
identification UAS.
12. Cybersecurity
    As proposed in Sec.  89.310(k) for standard remote identification 
UAS and Sec.  89.320(k) for limited remote identification UAS, the FAA 
is proposing to require all UAS with remote identification equipment to 
incorporate cybersecurity protections for the transmission and 
broadcast of the message elements, as appropriate. Cybersecurity 
protections are necessary to defend against cyber threats that could 
adversely affect the authenticity or integrity of the remote 
identification information being transmitted by the UAS to a Remote ID 
USS or being broadcast from the unmanned aircraft. The FAA is not 
proposing any specific cybersecurity protection methods that would be 
required to be incorporated into an FAA-accepted means of compliance. 
Instead, the cybersecurity protection methods incorporated into a 
proposed means of compliance would be reviewed and evaluated as a part 
of the acceptance process.
13. Range Limitation
    The FAA is proposing in Sec.  89.320(l) to require that a limited 
remote identification UAS be designed to operate no more than 400 feet 
from its control station. The FAA is proposing this as a performance-
based requirement so that persons submitting means of compliance can 
innovate and develop their own means to meet the requirement. The FAA 
envisions that this requirement can be met through a range of 
solutions, such as geo-fencing or command and control link power 
limitations.
    The FAA is not proposing to impose any range limitation on standard 
remote identification UAS.
14. Broadcast Limitation
    The FAA is proposing in Sec.  89.320(m) to prohibit limited remote 
identification unmanned aircraft from broadcasting remote 
identification message elements identified in Sec.  89.305 or Sec.  
89.315. A limited remote identification unmanned aircraft cannot 
broadcast remote identification message elements using radio frequency 
spectrum because the broadcast function is only applicable to standard 
remote identification UAS. Remote identification broadcast capability 
on a limited remote identification UAS would not have been designed or 
produced to meet the proposed requirements in this rule and could 
result in erroneous, non-compliant, or incorrectly formatted messages 
being broadcast, undermining the principal purposes of this proposed 
rule. An unmanned aircraft that is equipped to broadcast any of the 
remote identification message elements identified in Sec.  89.305 or 
Sec.  89.315 would have to comply with the remote identification 
requirements for standard remote identification UAS.

E. Other Performance Requirements Considered

    The FAA considered imposing additional performance requirements as 
part of an acceptable means of compliance; however, the FAA believes 
that the current proposal reflects the minimum requirements necessary 
to achieve the intent of the proposed rule. Regardless, the FAA 
acknowledges that imposing additional requirements could add value to 
the remote identification of UAS and further integration into the 
National Airspace System. The FAA welcomes comments on whether the 
final rule should incorporate additional performance requirements, 
including but not limited to any of the ones addressed in this section.
    The FAA emphasizes that nothing in the proposed rule would preclude 
a person or entity from developing and submitting a means of compliance 
that covers the topics discussed in this section or any other topics 
that span beyond the minimum performance requirements of the proposed 
rule. Although the FAA is proposing to require specific minimum 
performance requirements on certain message elements such as location 
and altitude, the FAA envisions that technology may progress such that 
improved performance may become achievable and revised minimum 
performance requirements may be appropriate at some point in the 
future. For this reason, the FAA would be willing to consider means of 
compliance that incorporate performance requirements that are more 
stringent and that exceed the minimum performance requirements of the 
proposed rule. The FAA would not accept any means of compliance that 
fails to meet any of the minimum performance requirements of the 
proposed rule but would consider accepting means of compliance that 
exceed the minimum performance requirements.
    Once a means of compliance is accepted by the FAA, it establishes 
the actual required performance and functionality for UAS with remote 
identification that are designed and produced using that particular 
means of compliance. A person responsible for the design and production 
of UAS using a particular means of compliance would be required to 
adhere to that means of compliance in its totality, even if certain 
elements exceed the minimum performance requirements. Developers of 
means of compliance should consider the implications of specifying 
performance or functionality that exceeds the minimum regulatory 
requirements.
    The FAA considered several potential requirements that it 
ultimately decided were not necessary to include in the proposed 
minimum performance requirements. The FAA considered but chose not to 
propose the following:
     Other message elements such as certain UAS operator 
contact information or other aircraft or control station information 
such as velocity, direction, route, or altitude above ground level;
     Equipment interface requirements such as the appropriate 
connections between GPS receivers, altimeters, and the remote 
identification message compiler, the communication protocol between the 
aircraft and the control station through which remote identification 
message data is exchanged, or protocols and interfaces between UAS, 
internet providers, and Remote ID USS;
     Flight data recording features to store remote 
identification information within the UAS;
     Requirements for connection indications such as a separate 
indication of whether the UAS is connected to the internet and its 
connection to a specific Remote ID USS, an indication of the 
transmission latency, or a notification of the specific Remote ID USS 
to which the UAS is connected; or
     Transmission or broadcast requirements during a command 
and control lost-link event.
    Although the FAA is not proposing these features in the minimum 
performance requirements, the FAA requests comments on whether and why 
any should be required.

F. Submission and FAA Acceptance of Means of Compliance

    Any person or entity would be able to submit a proposed means of 
compliance to the FAA for review and potential acceptance. To submit a 
means of compliance for acceptance by the FAA, a person or entity would 
be required to indicate how the means of compliance meets the minimum 
performance requirements in Sec. Sec.  89.305 through 89.320, as 
applicable, by submitting any information, analysis, or test results 
necessary for the FAA to determine acceptability. Specifically, under 
Sec.  89.405(b), the person or entity would be required to submit all 
of the following information to the FAA: (1)

[[Page 72479]]

The name of the person or entity submitting the means of compliance, 
the name of the main point of contact for communications with the FAA, 
the physical address, email address, and other contact information; (2) 
a detailed description of the means of compliance; (3) an explanation 
of how the means of compliance addresses all of the minimum performance 
requirements established in Sec. Sec.  89.305 through 89.320, as 
applicable, so that any standard remote identification UAS or limited 
remote identification UAS designed and produced using that means of 
compliance meets the remote identification performance requirements of 
proposed part 89; and (4) any substantiating material the person or 
entity wishes the FAA to consider as part of the application.
    In Sec.  89.405(c), the FAA is proposing to require the means of 
compliance to include testing and validation procedures for the person 
responsible for production of the standard remote identification UAS or 
limited remote identification UAS to demonstrate through analysis, 
ground test, or flight tests, as appropriate, how the UAS with remote 
identification would perform its intended functions and how it meets 
the minimum performance requirements established in Sec. Sec.  89.305 
through 89.320, as applicable. The FAA makes no finding on radio 
transmitter technical compliance with 47 CFR regulations but expects 
technically compliant transmitters to be integrated into the UAS 
without modification to their authorized radio frequency parameters.
    The FAA would indicate acceptance of a means of compliance by 
notifying the submitter and publishing a notice in the Federal Register 
identifying the means of compliance as accepted. The FAA would also 
notify the public that it has accepted the means of compliance by 
including it on a list of accepted means of compliance at https://www.faa.gov. The FAA would not disclose commercially valuable 
information in this document. It would only provide general information 
stating that FAA has accepted the means of compliance.

G. Rescission of a Means of Compliance

    Pursuant to proposed Sec.  89.415, a means of compliance is subject 
to ongoing review by the Administrator. The Administrator would be able 
to rescind acceptance of a means of compliance when the Administrator 
finds that a means of compliance does not meet any or all of the 
requirements of the proposed rule. The FAA would publish a notice of 
rescission in the Federal Register. If discussions with the person or 
entity that submitted the means of compliance are unable to resolve any 
noncompliance issues, the FAA would notify the person or entity who 
submitted the FAA-accepted means of compliance of its decision to 
rescind its acceptance of the means of compliance by sending a letter 
of rescission to the email address on file for such person or entity. 
The FAA would also provide notice of the rescission to any person 
responsible for the production of standard remote identification UAS or 
limited remote identification UAS who submitted an FAA-accepted 
declaration of compliance as discussed in section XIII.E of this 
preamble that uses the means of compliance that is no longer accepted 
as a basis for compliance with the proposed requirements of this rule. 
Lastly, the FAA would also choose to publish at https://www.faa.gov a 
list of rescinded means of compliance.
    The main consequence of the rescission of the FAA's acceptance of a 
means of compliance is that the FAA's acceptance of any declaration of 
compliance that relies on the no longer accepted means of compliance 
may be rescinded. Therefore, any UAS with remote identification 
produced and listed under a declaration of compliance that relies on a 
no longer accepted means of compliance would fail to comply with the 
proposed requirements of this rule and would be restricted to flying 
within FAA-recognized identification areas. The rescission of the FAA's 
acceptance of a declaration of compliance, as a result of the 
rescission of the FAA's acceptance of a means of compliance, would 
follow the rescission and reconsideration provisions of proposed Sec.  
89.530. In such case, prior to rescinding the FAA's acceptance of a 
declaration of compliance, the FAA proposes to notify the submitters of 
the affected FAA-accepted declaration(s) of compliance that their 
declaration(s) of compliance may be rescinded by sending a letter to 
the email address on file for such person or entity. Where the proposed 
rescission is due to the rescission of the FAA's acceptance of a means 
of compliance, the FAA may allow the submitter of the FAA-accepted 
declaration of compliance to amend the declaration of compliance to 
include another FAA-accepted means of compliance, as long as the UAS 
produced and listed under the declaration of compliance comply with the 
newly-listed means of compliance. The FAA proposes not to rescind its 
acceptance of a declaration of compliance that is promptly amended to 
list another FAA-accepted means of compliance. Failure to amend the 
declaration of compliance would result in the rescission of FAA 
acceptance of the declaration of compliance in accordance with the 
provisions of Sec.  89.530.
    The FAA does not expect the rescission of its acceptance of a means 
of compliance to occur frequently. However, the FAA does contemplate 
potential scenarios when FAA-acceptance of a means of compliance might 
be rescinded. For example, the FAA could rescind its acceptance of a 
means of compliance if it is based on a technology standard that 
becomes obsolete, particularly if the old technology would interfere 
with the newer technologies used on UAS at that given time. The FAA 
believes that due to the rapid changes in technology, new means of 
compliance would likely be submitted for FAA acceptance whenever a 
significant technological change warrants a change in the design and 
production of UAS with remote identification. The FAA believes that due 
to the typical lifecycle of UAS, very few UAS built in accordance with 
older means of compliance would be in operation by the time the FAA's 
acceptance of a means of compliance is rescinded due to a major shift 
in technology. By that time, the FAA expects most UAS would be designed 
and produced in accordance with the latest means of compliance 
available. Older, operational UAS built in accordance with means of 
compliance that are no longer accepted would still be eligible to 
operate within FAA-recognized identification areas.

H. Record Retention Requirements

    In Sec.  89.420, the FAA is proposing for persons or entities who 
submit FAA-accepted means of compliance under part 89 to retain certain 
information for as long as the means of compliance is accepted plus an 
additional 24 calendar months. The information would be required to be 
made available to the FAA upon request. Specifically, the person or 
entity would be required to retain all documentation and substantiating 
data submitted for the acceptance of the means of compliance; records 
of all test procedures, methodologies, and other procedures, if 
applicable; and any other information necessary to justify and 
substantiate how the means of compliance enables compliance with the 
remote identification requirements of part 89.
    This requirement is being proposed so that, in the event of an FAA 
investigation or analysis, the Administrator may obtain data necessary 
to re-assess the acceptability

[[Page 72480]]

of the means of compliance. The additional 24 calendar months is being 
proposed because the FAA envisions that, if a means of compliance is 
found to no longer be acceptable, UAS produced using that means of 
compliance might still be on the market or in the possession of 
operators. The additional time would ensure that the data is still 
readily available while any FAA actions are being taken such as 
possible rescissions of FAA acceptance of declarations of compliance. 
If the FAA requests the data and the submitter did not retain the data 
in accordance with this requirement, then the Administrator may choose 
to rescind acceptance of the means of compliance.

XIII. Design and Production Requirements

A. Applicability and Summary of Requirements

    Subpart F of the proposed rule prescribes requirements for the 
design and production of UAS operated in the United States. It also 
proposes certain procedural requirements for the submission of 
declarations of compliance for FAA acceptance and certain rules 
governing persons who have submitted FAA-accepted declarations of 
compliance.
    According to proposed Sec.  89.501(c), the requirements of subpart 
F would not apply to the following UAS, unless they are intentionally 
designed or produced as standard remote identification UAS or limited 
remote identification UAS:
     Amateur-built UAS.
     UAS of the United States Government.\70\
---------------------------------------------------------------------------

    \70\ Although this exception applies to UAS produced for the use 
of the United States Government, U.S. government entities would 
still be bound by the operating provisions of part 89, subpart B. 
Only the aircraft of the national defense forces of the United 
States are excepted from the aircraft registration requirements and 
not required to comply with subpart B. All other United States 
government entities who wish to use UAS without remote 
identification at a location other than an FAA-recognized 
identification area would be required to seek authorization from the 
Administrator to deviate from the operating provisions of subpart B.
---------------------------------------------------------------------------

     UAS where the unmanned aircraft weighs less than 0.55 
pounds including the weight of anything attached to or carried by the 
aircraft.
     UAS designed or produced exclusively for the purpose of 
aeronautical research or to show compliance with regulations.
    The FAA is proposing that persons responsible for the production of 
standard remote identification UAS or limited remote identification UAS 
would be required to do the following:
     Under Sec.  89.505, ensure each UAS produced has a serial 
number that complies with the ANSI/CTA-2063-A serial number standard.
     Under Sec.  89.510(a)(1), ensure that the UAS are designed 
and produced to meet the minimum performance requirements for standard 
remote identification UAS or limited remote identification UAS by using 
an FAA-accepted means of compliance.
     Under Sec.  89.510(b), comply with certain inspection, 
audit, and notification requirements.
     Under Sec.  89.515, label each unmanned aircraft to 
indicate that the unmanned aircraft system is remote identification 
compliant and indicate whether it is a standard remote identification 
UAS or a limited remote identification UAS.
     Under Sec.  89.520, submit a declaration of compliance for 
acceptance by the FAA declaring that the UAS complies with the design 
and production requirements of the proposed rule.
    The FAA anticipates that most UAS produced will be consumer or 
professional grade, fully-assembled UAS from a commercial manufacturer. 
Under those circumstances, the manufacturer is subject to all of the 
design and production requirements of subpart F. There are certain 
circumstances, however, where the responsibility for the production 
requirements may be less obvious.
     UAS Kits. The FAA anticipates that some UAS producers will 
wish to sell kits that would allow a person to assemble a fully 
functional UAS. If the kit contains all the parts and instructions 
necessary to build a UAS, the producer of the kit, not the person 
assembling the UAS from the kit, is considered the manufacturer of the 
UAS and is subject to all of the design and production requirements of 
proposed subpart F. For purposes of the proposed rule, the FAA does not 
consider any package containing less than 100% of the parts and 
instructions necessary to assemble a complete, functional UAS to be a 
UAS kit.
     Amateur-built UAS. As discussed later in this section, the 
FAA considers a UAS to be amateur built when the person building it 
fabricates and assembles more than 50 percent of the UAS. Under these 
circumstances, the person building the UAS would be the producer and 
may, but is not required to, comply with the design and production 
requirements of proposed subpart F.
     UAS assembled completely from pre-fabricated parts. The 
FAA anticipates that some model aircraft enthusiasts may assemble UAS 
entirely from pre-fabricated parts and that commercial vendors may wish 
to sell UAS parts, including packages that contain more than 50 but 
less than 100 percent of the parts necessary to build a UAS. The 
resulting UAS would not qualify as amateur-built because the person 
building it would be fabricating and assembling 50 percent or less of 
the UAS. The UAS would not qualify as built from a kit because it did 
not include 100 percent of the necessary parts. Under these 
circumstances, the person assembling the UAS would be considered the 
producer and would be required to comply with the design and production 
requirements of proposed subpart F.
    In Sec.  89.1 of this proposed rule, the FAA proposes defining an 
amateur-built unmanned aircraft system as a UAS, the major portion of 
which has been fabricated and assembled by a person who undertook the 
construction project solely for his or her own education or recreation. 
The FAA would consider a UAS to be amateur built if the person building 
it fabricates and assembles at least 50 percent of the UAS.
    The FAA is proposing, in Sec.  89.501(c)(1) to exclude amateur-
built UAS from the requirements of subpart F. Specifically, amateur-
built UAS would not be required to meet the performance requirements 
for a standard remote identification UAS or limited remote 
identification UAS. However, irrespective of the applicability of 
subpart F, all UAS operated in the airspace of the United States would 
be subject to the operating requirements of the proposed rule. 
Accordingly, an amateur-built UAS that is fabricated and assembled 
without remote identification would be restricted to operating within 
an FAA-recognized identification area in accordance with Sec. Sec.  
89.105(c) and 89.120. The FAA has chosen to exclude this category from 
the design and production requirements of this rule because builders of 
amateur-built UAS may not have the necessary technical knowledge, 
ability, or financial resources to design and produce a UAS that meets 
the minimum performance requirements proposed in this rule. Requiring 
amateur-built UAS to comply with the performance requirements proposed 
in this rule would place an undue burden on the builders of these UAS. 
The FAA expects that amateur-built UAS will represent a very small 
portion of the total number of UAS operating in the airspace of the 
United States.
    Nothing in this proposal would prevent a person from building a UAS

[[Page 72481]]

with remote identification for educational or recreational purposes. 
However, a person doing so would be subject to all of the requirements 
of subpart F, even if the UAS would otherwise be considered an amateur-
built UAS. For example, an individual may wish to design and produce 
their own standard remote identification UAS for educational or other 
purposes, procuring parts and components from multiple vendors. Under 
the proposed Sec.  89.501(c), this person would be required to meet the 
requirements of subpart F including using a means of compliance that 
meets the requirements of proposed Sec.  89.310.
    The FAA is not proposing any restrictions on the sale, transfer of 
ownership, or lending of amateur-built UAS with or without remote 
identification to someone other than the person who originally built 
the UAS. For example, a person could lend his or her amateur-built UAS 
to another person on a temporary basis or sell it after he or she no 
longer intends to use it for personal operation. However, the new 
operators of such UAS would be required to comply with the applicable 
operating rules at all times, including the limitation to fly within an 
FAA-recognized identification area if the amateur-built UAS does not 
have remote identification.
    The FAA anticipates that some UAS producers will wish to sell 
complete kits including all parts and instructions that would allow a 
person to assemble a fully functional UAS with remote identification. 
If the kit contains all the parts and instructions necessary to build a 
standard remote identification UAS or limited remote identification 
UAS, and the fully assembled UAS would meet the requirements of an FAA-
accepted means of compliance, then the producer of the kit, not the 
person assembling the UAS from the kit, is considered the producer of 
the UAS and is subject to all of the design and production requirements 
of subpart F. A requirement for the owner to assemble some or all of 
the parts of a UAS fabricated by a particular company prior to flight 
would not turn that owner into a producer for purposes of subpart F 
when all the parts and instructions for assembly have been included for 
sale.
    The FAA requests comments about whether persons should be allowed 
to produce kits for sale that contain 100 percent of the parts and the 
instructions for assembly necessary to build a fully functioning UAS 
without remote identification capability. Once assembled, such UAS 
without remote identification would be required to either have the 
unmanned aircraft weigh less than 0.55 pounds or operate only within an 
FAA-recognized identification area.
    UAS that are designed and produced for the purpose of aeronautical 
research or showing compliance with regulations would not be required 
to meet the production requirements of the rule. The FAA intends this 
exception to allow for testing of prototype UAS not intended for sale 
without the requirement that the producer meet all of the production 
requirements of the proposed rule. Any person operating a UAS under 
this exception would still need to receive authorization from the 
Administrator to operate the UAS in accordance with Sec.  89.120.

B. Requirement To Issue Serial Numbers

    The FAA is proposing in Sec.  89.505 to require the person 
responsible for the production of standard remote identification UAS or 
limited remote identification UAS to issue a serial number to each 
unmanned aircraft that complies with the ANSI/CTA-2063-A serial number 
standard. The FAA is proposing to adopt ANSI/CTA-2063-A as the serial 
number standard to be used by producers of UAS, and seeks comments on 
this approach. The FAA believes the standard is appropriate because it 
enables the issuance of unique serial numbers to UAS and promotes 
worldwide standardization of UAS remote identification requirements: 
The European Commission recently issued rules adopting this 
standard.\71\
---------------------------------------------------------------------------

    \71\ Commission Delegated Regulation (EU) 2019/945 of 12 March 
2019 on unmanned aircraft systems and on third-country operators of 
unmanned aircraft systems.
---------------------------------------------------------------------------

    The FAA seeks specific comment regarding whether this standard can 
be effectively used as a serial number standard for unmanned aircraft 
other than small unmanned aircraft.
1. American National Standards Institute/Consumer Technology 
Association Standard 2063-A
    For the serial number, the FAA is proposing the use of American 
National Standards Institute/Consumer Technology Association standard 
2063-A (ANSI/CTA-2063-A)--Small Unmanned Aerial Systems Serial Numbers 
(September 2019) for the format of the serial number. ANSI/CTA-2063-A 
outlines the elements and characteristics of a serial number to be used 
by small UAS.\72\ The FAA is proposing the use of ANSI/CTA-2063-A as it 
has been specifically developed to provide a format for small UAS 
serial numbers. It is the only widely available standard for these 
serial numbers. Use of ANSI/CTA-2063-A would provide a single accepted 
format for serial numbers, helping to ensure consistency in 
transmission of this message element. The FAA seeks feedback from UAS 
manufacturers who are assigning serial numbers in accordance with ANSI/
CTA-2063-A, including the type and number of UAS that the serial 
numbers are being assigned to.
---------------------------------------------------------------------------

    \72\ ANSI/CTA-2063-A--Small Unmanned Aerial Systems Serial 
Numbers (September, 2019) available at https://www.cta.tech.
---------------------------------------------------------------------------

2. Incorporation by Reference
    The FAA is proposing to incorporate ANSI/CTA-2063-A by reference. 
The Office of the Federal Register has regulations concerning 
incorporation by reference. These regulations require that, for a final 
rule, agencies must discuss in the preamble to the rule the way in 
which materials that the agency incorporates by reference are 
reasonably available to interested persons, and how interested persons 
can obtain the materials. Additionally, the preamble to the rule must 
summarize the material.
    Interested persons can view ANSI/CTA-2063-A at https://www.cta.tech 
by creating a free account and searching under ``Research and 
Standards''. At the time of publication of this notice of proposed 
rulemaking, the ANSI/CTA-2063-A standard is available for viewing and 
download free of charge. ANSI/CTA-2063-A is summarized in the 
immediately preceding section, 1. American National Standards 
Institute/Consumer Technology Association Standard 2063-A.

C. Requirement To Label UAS

    The FAA proposes in Sec.  89.515 that persons responsible for the 
production of standard remote identification UAS and limited remote 
identification UAS label each UAS with an indication of its remote 
identification capability and whether it is a standard remote 
identification UAS or a limited remote identification UAS. The FAA 
envisions such labels would be useful to UAS operators, FAA inspectors, 
investigators, and law enforcement agencies by communicating the 
capabilities and restrictions of a particular unmanned aircraft with 
respect to remote identification. The label would be affixed to the 
unmanned aircraft and would provide a simple and efficient way to 
determine the UAS capabilities. The FAA is not proposing a prescriptive 
labeling requirement that specifies exactly how a producer would label 
an aircraft, what size font to use, where the label would have to be 
located, and so on. Due to the variety of UAS models that exist, such a 
prescriptive

[[Page 72482]]

requirement would be unnecessarily limiting for UAS producers. Instead, 
a producer could label the aircraft by any means as long as the label 
is in English, legible, prominent, and permanently affixed to the 
unmanned aircraft.

D. Requirement for a UAS To Be Designed and Produced Using an FAA-
Accepted Means of Compliance

    According to proposed Sec.  89.510(a)(1) and (3), no person would 
be allowed to produce a standard remote identification UAS or a limited 
remote identification UAS unless the person obtains FAA acceptance of 
the declaration of compliance. The declaration of compliance would 
establish that the UAS meets the minimum performance requirements for 
standard remote identification UAS or limited remote identification UAS 
because it was produced in accordance with an FAA-accepted means of 
compliance (see Sec.  89.405) that meets the minimum performance 
requirements for standard remote identification UAS or limited remote 
identification UAS. Further, Sec.  89.510(a)(2) would require persons 
responsible for the production of UAS to meet all requirements of 
subpart F.

E. Requirement To Submit a Declaration of Compliance

    The FAA is proposing in Sec.  89.520 that a person responsible for 
the production of standard remote identification UAS and limited remote 
identification UAS be required to submit a declaration of compliance 
for acceptance by the FAA. The declaration of compliance would affirm 
that the UAS meets the minimum performance requirements for remote 
identification by meeting all aspects of an FAA-accepted means of 
compliance (e.g., a consensus standard) for UAS with remote 
identification equipment. The FAA would rely on the declaration of 
compliance to show that the UAS complied with the applicable remote 
identification requirements at the time the UAS was produced.
    The FAA would not consider a declaration of compliance under this 
proposed rule to be an airworthiness certification. UAS that are 
certified under the 14 CFR part 21 Airworthiness Certification 
processes may have other identification requirements in addition to 
those being proposed in this rule.
1. Information Required for a Declaration of Compliance
    Proposed Sec.  89.520(b) lists the information that would be 
required to be included in a declaration of compliance submitted by a 
person responsible for the design or production of a standard remote 
identification UAS or limited remote identification UAS. This 
information would make clear to the FAA if the producer has 
demonstrated compliance with the remote identification equipage 
requirements.
    The following information would be required in the declaration of 
compliance:
    (1) The name, physical address, telephone number, and email address 
of the person responsible for production of the UAS.
    (2) The UAS make and model name.
    (3) The UAS serial number, or the range of serial numbers for which 
the person responsible for production is declaring compliance.
    (4) The means of compliance used in the design and production of 
the UAS and whether the UAS is a standard remote identification UAS or 
a limited remote identification UAS.
    (5) Whether the declaration of compliance is an initial declaration 
or an amended declaration, and if the declaration of compliance is an 
amended declaration, the reason for the amendment.
    (6) A declaration that the person responsible for the production of 
the unmanned aircraft system can demonstrate that the UAS was designed 
and produced to meet the minimum performance requirements of Sec.  
89.310 or Sec.  89.320 by using an FAA-accepted means of compliance.
    (7) A declaration that the producer complies with the inspection, 
audit, and notification requirements of Sec.  89.510(b).
    (8) A declaration that the producer will perform independent audits 
on a recurring basis to demonstrate compliance with the requirements of 
subpart F of proposed part 89 and will provide the results of those 
audits to the FAA upon request.
    (9) A declaration that the producer will maintain product support 
and notification procedures to notify the public and the FAA of any 
defect or condition that causes the UAS to no longer meet the 
requirements of subpart F, within 15 calendar days of the date the 
person becomes aware of the defect or condition.
    The FAA invites comments on whether the previously discussed 15 
calendar day notice period is appropriate for the public to gain 
awareness of any defect or condition that causes the UAS to no longer 
meet the requirements of subpart F.
2. Acceptance of a Declaration of Compliance
    As proposed in Sec.  89.525, after a person submits a declaration 
of compliance to the FAA, the Administrator would evaluate the 
declaration of compliance submitted and may request additional 
information (e.g., test results) or documentation, as needed, to 
supplement the declaration of compliance. The FAA would evaluate the 
declaration of compliance to ensure completeness and compliance with 
the requirements of Sec.  89.520(b). After the FAA has finished its 
evaluation, the FAA would notify the submitter whether the declaration 
of compliance has been accepted or not accepted. The FAA would also 
notify the submitter if it determines the submitter has not provided 
sufficient evidence to demonstrate compliance. The FAA would also 
provide a list of accepted declarations of compliance at https://www.faa.gov.
3. Rescission of FAA Acceptance of a Declaration of Compliance
    Pursuant to proposed Sec.  89.530, a declaration of compliance 
would be subject to ongoing review by the Administrator. The FAA would 
notify a person responsible for the production of standard remote 
identification UAS or limited remote identification UAS if a non-
compliance issue has been identified prior to initiating a proceeding 
to rescind its acceptance of a declaration of compliance. If the 
Administrator determines that it is in the public interest, prior to 
rescinding acceptance of a declaration of compliance, the Administrator 
could provide a reasonable period of time for the person holding the 
declaration of compliance to remediate the noncompliance. A failure to 
remediate the noncompliance would result in the rescission of FAA's 
acceptance of the declaration of compliance.
    As part of the rescission process, the FAA would notify the person 
who submitted the declaration of compliance of its decision to rescind 
its acceptance by sending a letter of rescission to the email address 
on file for such person or entity. The FAA would also send a notice of 
rescission to the registered owners of unmanned aircraft listed under a 
declaration of compliance that is no longer accepted by the FAA. 
Additionally, the FAA would publish a notice of rescission in the 
Federal Register to provide notice of the rescission to all interested 
or affected parties, which include: (a) The person holding the FAA-
accepted declaration of compliance and (b) the owners and operators of 
unmanned aircraft listed in the no longer accepted declaration of 
compliance. Lastly, the FAA would publish at https://www.faa.gov a list 
of

[[Page 72483]]

declarations of compliance that are no longer accepted.
    The FAA could rescind its acceptance of a declaration of compliance 
under circumstances including, but not limited to:
    (1) A standard remote identification UAS or a limited remote 
identification UAS listed under an accepted declaration of compliance 
does not meet the minimum performance requirements of Sec.  89.310 for 
standard remote identification UAS or of Sec.  89.320 for limited 
remote identification UAS.
    (2) A previously FAA-accepted declaration of compliance does not 
meet the requirements of subpart F of proposed part 89.
    (3) The FAA rescinds its acceptance of a means of compliance listed 
in a declaration of compliance.
4. Petition To Reconsider the Rescission of FAA Acceptance of a 
Declaration of Compliance
    The FAA proposes in Sec.  89.530(b) to allow a person who submitted 
a declaration of compliance that is no longer accepted or any person 
adversely affected by the rescission of the Administrator's acceptance 
of that declaration of compliance to petition for a reconsideration of 
the decision to rescind its acceptance by submitting a request to the 
FAA. For purposes of the reconsideration, those adversely affected by 
the rescission of the Administrator's acceptance of a declaration of 
compliance includes the owners and operators of unmanned aircraft 
listed in the no longer accepted declaration of compliance.
    A request for reconsideration would be required to be submitted to 
the FAA within 60 calendar days of publication in the Federal Register 
of a notice of rescission. A petition to reconsider the rescission of 
the Administrator's acceptance of a declaration of compliance would be 
required to show that the petitioner is an interested party and has 
been adversely affected by the decision of the FAA.
    The petition for reconsideration would be required to demonstrate 
at least one of the following:
     The petitioner has a significant additional fact not 
previously presented to the FAA.
     The Administrator made a material error of fact in the 
decision to rescind its acceptance of the declaration of compliance.
     The Administrator did not correctly interpret a law, 
regulation, or precedent.
    If the FAA chooses to reinstate its acceptance of a declaration of 
compliance, it would indicate so by notifying the petitioner, and the 
person who submitted the FAA-accepted declaration of compliance (if 
different). The FAA would also publish at https://www.faa.gov a list of 
declarations of compliance that have been reinstated.
5. Record Retention
    The FAA is proposing in Sec.  89.535 to require any person who 
submits a declaration of compliance to retain all of the following 
information for as long as the UAS listed on that declaration of 
compliance are produced plus an additional 24 calendar months:
     The means of compliance, all documentation, and 
substantiating data related to the means of compliance used.
     Records of all test results.
     Any other information necessary to demonstrate compliance 
with the means of compliance so that the UAS meets the remote 
identification requirements and the design and production requirements 
of this part.
    The person submitting the declaration of compliance would be 
required to make the information available for inspection by the 
Administrator.

F. Accountability

    After obtaining FAA acceptance of their declaration of compliance, 
the FAA expects persons responsible for the production of UAS to 
monitor all UAS produced under that declaration of compliance to ensure 
they comply with the remote identification requirements of the proposed 
rule. The FAA expects persons responsible for the production of UAS 
with remote identification to take remedial action whenever they become 
aware of a lack of compliance with the proposed design and production 
regulations.
    If the FAA suspects, or becomes aware of, a lack of compliance with 
any of the requirements of the proposed rule, the person responsible 
for the production of the standard remote identification UAS or limited 
remote identification UAS would be required to allow the Administrator 
to inspect any associated facilities, technical data, or any UAS 
produced, and to witness any tests necessary to determine compliance 
with part 89. In addition to any inspection that may be required by the 
Administrator from time to time, the person responsible for the 
production of UAS with remote identification would be responsible for 
performing independent audits on a recurring basis to ensure that the 
standard remote identification UAS or limited remote identification UAS 
continue to comply with the remote identification requirements of 
proposed part 89. The FAA is not proposing a specific timeframe for the 
independent audits. It expects that the person responsible for the 
production of the UAS would apply industry best practices to determine 
when and how often independent audits are needed. However, the FAA 
believes these audits would have to occur on a regular basis and as 
many times as necessary to ensure continuous compliance with the 
technical requirements of the proposed rule. Additionally, all audit 
reports would have to be retained and would have to be provided to the 
FAA upon request. The FAA requests comments regarding appropriate time 
intervals for conducting independent audits, including any time 
intervals specified in industry standards related to independent audits 
of aviation systems.
    As part of the independent audits, a person responsible for the 
production of UAS would be responsible for maintaining a product 
support and notification system and procedures to notify the public and 
the FAA of any defect or condition that may cause a standard remote 
identification UAS or limited remote identification UAS to no longer 
comply with the remote identification requirements of proposed part 89. 
To satisfy these obligations, persons responsible for the production of 
UAS would have to monitor their manufacturing processes, UAS 
operational usage to the extent the manufacturer has access to such 
information, and collection of accident and incident data. The FAA 
expects that as part of the monitoring process, producers would 
collect, analyze, and provide to the FAA any information that is 
furnished by the owners and operators of the UAS with remote 
identification. If the FAA identifies a safety issue that warrants 
review of a producer's data, records, or facilities, the producers 
would have to grant the FAA access to such data, records, or 
facilities, and would have to provide all data and reports from the 
independent audits and investigations.

XIV. Remote Identification UAS Service Suppliers

    The operating rules in subpart B of part 89 would require persons 
operating a standard remote identification UAS or limited remote 
identification UAS to transmit the remote identification message 
elements through an internet connection to an FAA-qualified Remote ID 
USS. The FAA intends to provide oversight of the Remote ID USS through 
contractual agreements and is therefore not proposing specific rules 
related to how the Remote ID USS offer services. This section provides 
background information so that persons operating

[[Page 72484]]

standard remote identification UAS or limited remote identification UAS 
may understand what the FAA expects a Remote ID USS would be and how it 
would be required to provide services to be FAA-qualified.

A. UAS Service Suppliers (USS)

    As the FAA looks to innovative solutions to develop UAS traffic 
management (UTM), the FAA is partnering with third parties referred to 
as UAS Service Suppliers (USS). This proposal defines a USS as any 
person (e.g., governmental or non-governmental entity) that is 
qualified by the Administrator to provide aviation related services to 
UAS. The FAA anticipates that some USS may choose to offer a suite of 
different services, while others may choose to specialize in one 
service.
    The FAA already has leveraged the USS concept successfully in the 
implementation of the Low Altitude Authorization and Notification 
Capability (LAANC).\73\ In qualifying a USS to be a LAANC service 
provider, the FAA uses its acquisition authority to enter into a 
Memorandum of Agreement (MOA) with the USS. All prospective USS go 
through an onboarding process to become qualified and agree to abide by 
a set of documented terms and conditions regarding the technical 
administration of the service and how it is administered to the 
public.\74\ See 49 U.S.C. 106(l) and (m). The LAANC USS are fully 
responsible for the development and operation of the software 
applications; the FAA does not provide payment for the development or 
operation of LAANC USS products or services. Congress affirmed the USS 
model for future UTM-related services in the FAA Reauthorization Act of 
2018. Section 376 of Public Law 115-254 recommended that the FAA use 
the LAANC model of private sector participation in implementing future 
expanded UTM services. The FAA is proposing to use a similar strategy 
for remote identification.
---------------------------------------------------------------------------

    \73\ LAANC automates significant portions of the application and 
approval process for airspace authorizations through an electronic 
data exchange with third party USS.
    \74\ The terms and conditions the LAANC USS agree to be bound by 
are available at: https://www.faa.gov/uas/programs_partnerships/uas_data_exchange/industry/media/uss_operating_rules.pdf.
---------------------------------------------------------------------------

B. Remote ID USS

    A Remote ID USS would be a person or entity qualified by the FAA to 
provide remote identification services to UAS. A Remote ID USS would 
perform four primary functions: (1) Collect and store the remote 
identification message elements; (2) provide identification services on 
behalf of the UAS operator and act as the UAS operator's access point 
to identification services; (3) provide the FAA access to the remote 
identification information collected and stored upon request through a 
data connection that may be on-demand or a continuous connection 
depending on safety and security needs; and (4) inform the FAA when its 
services are active and inactive.
    Although a USS may be qualified as both a Remote ID USS and a LAANC 
USS, the services provided and the terms for providing each service 
would be independent from one another. Although the FAA anticipates 
that most Remote ID USS would offer their services to the general 
public, a Remote ID USS, such as an operator of multiple routine 
unmanned aircraft flights, may choose to provide remote identification 
services only for its own fleet. Additionally, the FAA expects that the 
majority of Remote ID USS would likely come from private industry; 
however, the FAA anticipates other Federal agencies may consider 
creating a Remote ID USS to manage their own flights. Although some 
Remote ID USS may choose to offer their services for free, Remote ID 
USS may have a variety of business models and may choose to require a 
subscription, payment, or personal information to access that Remote ID 
USS.
    The FAA does not propose to require a Remote ID USS be universally 
compatible with all UAS. That said, the FAA anticipates that some UAS 
manufacturers will also be Remote ID USS. In those cases, the Remote ID 
USS may choose to only connect to UAS made by the same manufacturer. 
This model is similar to how mobile telephone networks sell devices 
that can only be used on their networks. The FAA requests comment on 
whether manufacturers should be permitted to produce UAS that are only 
compatible with a particular Remote ID USS.
    Persons operating UAS with remote identification would be required 
to interact with a Remote ID USS. The FAA envisions that a UAS operator 
would connect to the Remote ID USS through the internet using a variety 
of different technologies, such as cellular phone applications, web-
based interfaces, or other tools. The FAA expects some Remote ID USS 
may provide UAS operators with a session ID that would be used in place 
of the unmanned aircraft serial number to satisfy the UAS 
Identification message element requirement. Such Remote ID USS would be 
responsible for generating (and maintaining) the session IDs.
    To ensure safety in the airspace of the United States, the FAA may 
require access to the remote identification message elements 
transmitted by UAS with remote identification to Remote ID USS. This 
request may take the form of an individual query or a continuous 
connection to the Remote ID USS. In addition, the FAA anticipates 
providing that information, to other airspace users, authorized Federal 
Government partners, and law enforcement entities as discussed in 
section XI of this preamble. Upon request, a Remote ID USS would be 
required to provide the FAA: (1) The near real-time remote 
identification message elements that meet the minimum message element 
performance requirements discussed in sections XII.C and XII.D.11 of 
this preamble; and (2) stored remote identification data.
    Under proposed Sec.  89.135, the Administrator would contractually 
require that Remote ID 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 
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

[[Page 72485]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
    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.
    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 Sec.  89.110 
or limited remote identification UAS under Sec.  89.115 to comply with 
the intent of this rule. In Sec.  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 FAA-recognized 
identification areas; it would simply limit UAS with no remote 
identification equipment from operating anywhere else.
    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 
Sec.  89.105(a) for standard remote identification UAS or Sec.  
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 Sec.  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 FAA-recognized identification area.
    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

[[Page 72486]]

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 
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 Sec.  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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.

B. Process To Request an FAA-Recognized Identification Area

    Under the proposed Sec.  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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 Sec.  89.215, the Administrator may take 
into consideration the following matters when reviewing a request for 
establishment of an FAA-recognized identification area:
     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 FAA-recognized 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 Sec.  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 Sec.  89.215 and could result in 
the termination of the FAA-recognized identification area pursuant to 
Sec.  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 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

[[Page 72487]]

misleading information during the submission, amendment, or renewal 
process.

D. Duration of an FAA-Recognized Identification Area

    Under proposed Sec.  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 FAA-recognized 
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 Sec.  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-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 Sec.  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 FAA-
recognized 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 Sec.  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.
    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 either 978 or 1090 MHz, would interfere with 
the safe operation of manned aircraft in the airspace of the United 
States.
---------------------------------------------------------------------------

    \79\ Id.
---------------------------------------------------------------------------

    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 Sec.  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 ADS-B In, 
if the ADS-B In equipment is manufactured and installed in accordance 
with FAA requirements and guidance.\80\
---------------------------------------------------------------------------

    \80\ See Advisory Circulars 20-172B and 90-114A.

---------------------------------------------------------------------------

[[Page 72488]]

    The FAA is proposing to add Sec. Sec.  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 Sec.  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 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 FAA-recognized 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 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          First day of the month
 weighing more than 0.55 pounds must have    following 24 months after
 an FAA-accepted declaration of compliance   the effective date.
 (89.510).
Serial number added to 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  First day of the month
 registered must be listed on an FAA-        following 36 months after
 accepted declaration of compliance or the   the effective date.
 UA can only be flown within an FAA-
 recognized identification area
 (89.110(c)(1) and 89.115(c)(1)).
Submit an application for establishment of  First day of the month
 an FAA-recognized identification area       following 12 months after
 (89.210).                                   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

[[Page 72489]]

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.

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 FAA-recognized 
identification area under Sec.  89.210. This AC also provides guidance 
for persons responsible for FAA-recognized identification areas, as 
well as persons operating UAS at FAA-recognized identification areas 
under Sec.  89.120.

XIX. Regulatory Notices and Analyses

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
of 1979 (Pub. L. 96-39) prohibits agencies from setting standards that 
create unnecessary obstacles to the foreign commerce of the United 
States. In developing U.S. standards, this Trade Act requires agencies 
to consider international standards and, where appropriate, that they 
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written 
assessment of the costs, benefits, and other effects of proposed or 
final rules that include a Federal mandate likely to result in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more annually (adjusted 
for inflation with base year of 1995). The FAA has provided a more 
detailed Preliminary Regulatory Impact Analysis of this proposed rule 
in the docket of this rulemaking. This portion of the preamble 
summarizes this analysis.
    In conducting these analyses, the FAA has determined that this 
proposed rule: (1) Has benefits that justify its costs; (2) is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; (3) will have a significant economic 
impact on a substantial number of small entities; (4) will not create 
unnecessary obstacles to the foreign commerce of the United States; and 
(5) will not impose an unfunded mandate on state, local, or tribal 
governments, or on the private sector by exceeding the threshold 
identified above.

A. Regulatory Evaluation

1. Key Assumptions and Data Sources
    The FAA's analysis of the proposed rule is based on findings from 
the Unmanned Aircraft Systems Identification and Tracking Aviation 
Rulemaking Committee (UAS-ID ARC), as well as data and information from 
the FAA and industry stakeholders. The analysis for the regulatory 
evaluation is based on the following assumptions and data sources:
A. Retrofits
    An important assumption used in this analysis involves the 
availability of retrofits. Based on information from UAS producers,\81\ 
part of the existing fleet of UAS could be retrofit to comply with 
remote identification requirements with relative ease and minimal cost 
(e.g., by a software update or ``push'' through the internet) and this 
could be achieved within the first year after the effective date of the 
final rule given the availability of FAA-accepted means of 
compliance.\82\ This would enable early compliance with remote 
identification for persons operating a portion of the existing UAS 
fleet and those UAS purchased during the proposal's 24-month period 
before compliance with production requirements.
---------------------------------------------------------------------------

    \81\ The FAA received information from industry on the potential 
to retrofit during Executive Order 12866 meetings from September 
through December, 2019. Information from these meetings will be 
available in the docket of this rulemaking. Under Executive Order 
12866, OIRA meets on regulatory actions with any interested party to 
discuss issues on a rule under review. Under OIRA procedures, the 
OIRA Administrator or his/her designee meets with outside parties 
during a review and the subject, date, and participants of the 
meeting are publicly disclosed on Reginfo.gov along with any written 
materials received from outside parties on rules under review 
(https://reginfo.gov/public/do/eo/neweomeeting).
    \82\ Producers of UAS with Remote ID, including those that 
retrofit, would be required to meet proposed performance standards 
using an FAA-accepted means of compliance for remote identification.
---------------------------------------------------------------------------

    Based on industry information and market research, the FAA 
estimates at least 93% of the current part 107 fleet and at least 20% 
of the current recreational fleet would be eligible for retrofits, thus 
minimizing the costs for operators and producers.\83\ This is based on 
industry information suggesting that small UAS at a certain level of 
design specification and operational capability would likely have 
system and connectivity capabilities that could be retrofit through a 
software update.
---------------------------------------------------------------------------

    \83\ Assuming retrofits can be made under an FAA-accepted means 
of compliance, some producers would not need to delay compliance. 
Retrofits may indicate producers need less modification of existing 
UAS models to comply with the proposal. In addition, the 
availability of retrofits would minimize impacts for some operators 
of UAS purchased without remote identification equipment who would 
otherwise need to upgrade or buy a new UAS equipped for Remote ID, 
especially those operated under part 107 for commercial purposes 
that would not receive any commercial value or benefit from 
operating at an FAA-recognized identification area.
---------------------------------------------------------------------------

    The FAA reviewed UAS registered to part 107 operators and found 93% 
of the existing part 107 UAS fleet may have technical capabilities to 
be retrofit based on information received by industry (i.e., could 
support software updates through internet).\84\ The FAA identified

[[Page 72490]]

the top-10 registered aircraft by producer and researched registered 
model specifications online. The FAA found each of the registered 
models within this group had internet and Wi-Fi connectivity, ability 
to transmit data, receive software uploads, and had radio frequency 
transceivers, among other technology such as advanced microprocessors. 
Figure 1 provides the breakdown of manufacturers of registered part 107 
UAS that could retrofit representing 93% of part 107 registered UAS 
fleet.
---------------------------------------------------------------------------

    \84\ This is 93% of the part 107 ``consumer'' grade aircraft 
could be retrofit. Additionally, the FAA assumes the entire fleet of 
part 107 ``professional'' grade UAS could be retrofit.

                       Figure 1--Part 107 Unmanned Aircraft Registrations by Manufacturer
----------------------------------------------------------------------------------------------------------------
                                                                UAS
                 Producer/manufacturer                    registrations--   Percent share  of      Cumulative
                                                              part 107            total          percent share
----------------------------------------------------------------------------------------------------------------
DJI....................................................            252,678               78.1               78.1
Intel..................................................             13,147                4.1               82.2
Yuneec.................................................              9,725                3.0               85.2
Parrot.................................................              7,928                2.5               87.7
GoPro..................................................              5,980                1.8               89.5
3dr....................................................              4,687                1.4               91.0
Holy Stone.............................................              2,580                0.8               91.8
Autel..................................................              2,677                0.8               92.6
Hubsan.................................................              1,278                0.4               93.0
Kespry.................................................              1,143                0.4               93.3
----------------------------------------------------------------------------------------------------------------
Source: FAA, part 107 UAS Registrations, October 2019 point-in-time count.

    The FAA has limited information on the manufacturers and types of 
UAS in the recreation fleet because part 48 registration currently 
allows limited recreational flyers to register multiple small unmanned 
aircraft under a single Certificate of Aircraft Registration. However, 
published market information finds 36% of the North America fleet is 
manufactured by one producer (DJI) \85\ that provided information to 
the FAA suggesting they could retrofit. The FAA estimates that about 
20% of the recreational fleet is comprised of aircraft manufactured by 
DJI that could be retrofit. This estimate was developed by multiplying 
the combined part 107 and recreational unmanned aircraft fleet by 36%, 
and then subtracting DJI aircraft registered under part 107.\86\
---------------------------------------------------------------------------

    \85\ Source: 2017 Skylogic Research, a firm tracking the drone 
industry found 36% of the units sold in North America in the $500 to 
$1000 range are manufactured by DJI (https://www.vox.com/2017/4/14/14690576/drone-market-share-growth-charts-dji-forecast). For 
purposes of this analysis, the 36 percent is used as a proxy for the 
share of DJI units in the U.S. fleet.
    \86\ The FAA made the following calculations to estimate the 
portion of the modeler fleet that are DJI: (i) Multiplied the year 1 
combined UAS sales forecast developed for the proposed rule by 36 
percent to estimate the number of DJI units sold for recreational 
and part 107 purposes during year 1; (ii) Multiplied the year 1 part 
107 sales forecast by 71% to estimate portion of part 107 sales that 
were DJI; and, (iii) Subtracted ``b'' from ``a'' to estimate year 1 
recreational sales of DJI units. Based on these calculations, DJI 
recreational units sold in year 1 accounted for about 20% of the 
recreational units sold in year 1.
---------------------------------------------------------------------------

    Therefore, the FAA assumes UAS purchased in year 1 that are 
retrofit would allow the aircraft to ``continue flying'' under the 
limited or standard remote identification requirements after the 
compliance date of the final rule. UAS sold in year 1 that could not be 
retrofit would likely not meet the limited or standard remote 
identification requirements after year 3. Persons that own unmanned 
aircraft in this group of ``legacy'' UAS without remote identification 
equipment would have potential ``loss of use'' associated impacts since 
this proposal does not include grandfathering.\87\ The retrofit 
assumptions above were used in this analysis to estimate the effects of 
retrofits on the costs of the proposal and its compliance period.
---------------------------------------------------------------------------

    \87\ Persons operating UAS without remote identification 
equipment would always be required to operate within visual line of 
sight and within an FAA-recognized identification area. Persons 
operating UAS without remote identification equipment would need to 
travel and incur costs of operating within an FAA-recognized 
identification area.
---------------------------------------------------------------------------

    The FAA requests comments on the capability of retrofits to meet 
the proposed remote identification requirements. Specifically, the FAA 
requests information and data from producers of affected UAS in 
response to the following questions that can be used to inform this 
analysis. Please provide references and sources for information and 
data.
     As a producer of UAS affected by this proposal, would you 
be able to retrofit your current UAS models to comply with the proposed 
rule given the availability of FAA-accepted means of compliance?
     Do you have information that would assist in the early 
development of means of compliance that would be available for 
retrofits for the following scenarios a) before the effective date of 
the final rule, which is 60 days after the publication date of the 
final rule, and b) within one year after effective date of the final 
rule?
     Would it be possible to retrofit by a software or firmware 
update through an internet download?
     How would a retrofit solution meet the proposed tamper 
resistance and labelling requirements? Would a software push be able to 
meet requirements for tamper resistance or would it require hardware? 
How would you meet labelling requirements under a retrofit scenario 
(e.g., would you mail the label)?
     Would retrofits meet the limited or standard remote 
identification requirements?
     What are the costs of retrofits to the producer and the 
owner/operator?
     In lieu of a software push through the internet, what 
other methods could producers use to facilitate retrofits (e.g., mail-
in programs or physical retrofit drop-off locations)?
     If retrofits are not an option for certain makes and 
models, would you offer operators ``buy-back'' or ``trade-in'' 
incentives to replace UAS without remote identification equipment? If 
so, please describe the incentive and the process.
     The FAA also solicits comments on the capability of 
producers of UAS weighing greater than 55 pounds to retrofit aircraft 
to be compliant with remote identification requirements.
B. Period of Analysis & Valuation of Impacts
     The analysis uses 2019 constant dollars. Year 1 of the 
period of analysis, which would correlate with the effective date of 
the final rule, is used as the base year.
     The FAA uses a ten-year time period of analysis to capture 
the effects

[[Page 72491]]

of the proposed compliance period and recurring effects of the proposed 
rule.\88\
---------------------------------------------------------------------------

    \88\ The FAA typically uses a five-year time period for 
Regulatory Impact Analysis of UAS rulemakings to align with 
historical and current FAA UAS Forecasts (see https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/Unmanned_Aircraft_Systems.pdf). In addition, the FAA acknowledges 
uncertainty in estimating incremental impacts of this proposed rule 
beyond five years due to rapid changes in UAS technology and 
innovation.
---------------------------------------------------------------------------

     The analysis includes the proposed two-year phase-in 
period for compliance by persons responsible for the production of UAS 
from the effective date of the rule. Operators have one additional year 
beyond this compliance date to comply with the provisions of the final 
rule.
     The FAA uses a three percent and seven percent discount 
rate to quantify present value costs and cost savings as prescribed by 
OMB in Circular A-4.\89\
---------------------------------------------------------------------------

    \89\ OMB Circular A-4, Regulatory Analysis (2003), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf.
---------------------------------------------------------------------------

C. Affected UAS Fleet/Characteristics
     The analysis of costs and cost savings of this proposed 
rule are based on the fleet forecast for small unmanned aircraft as 
published in the FAA Aerospace Forecast 2019-2039.\90\ The forecast 
includes base, low, and high scenarios. The analysis provides a range 
of net impacts from low to high based on these forecast scenarios. The 
FAA considers the primary estimate of net impacts of the proposed rule 
to be the base scenario.
---------------------------------------------------------------------------

    \90\ FAA Aerospace Forecast Fiscal Years 2019-2039 at 30-33, 
available at https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf
---------------------------------------------------------------------------

     Based on the FAA fleet forecast for small unmanned 
aircraft, the FAA estimates the average number of aircraft owned by 
each part 107 operator to be 2.4 and the average number owned by each 
recreational flyer to be 1.4 aircraft. The FAA assumes the average 
lifespan for unmanned aircraft operated by these two groups is three 
years based on FAA research related to the its annual aerospace 
forecast, UAS registration information, information from recreational 
and model unmanned aircraft owners, and a review of literature.\91\
---------------------------------------------------------------------------

    \91\ A review of articles and papers further supports an average 
three-year lifespan for a small UAS. The review found life 
expectancy is influenced by many factors, such as flight conditions, 
frequency of use, and quality of maintenance. Lifespan is also 
affected by rapid advances in technology, which can result in 
``planned obsolescence'' of older UAS models due to manufacturers 
advancing new capabilities that drive consumer satisfaction and 
demand at additional costs. UAS lifespan is expected to last similar 
to other consumer electronics within the same price range. In the 
United States, smart phones are replaced after 32 months, on 
average, while laptops have an average lifespan of 2-4 years (see 
the 2018 NPD Mobile Connectivity Report; https://www.npd.com/wps/portal/npd/us/news/press-releases/2018/the-average-upgrade-cycle-of-a-smartphone-in-the-u-s--is-32-months---according-to-npd-connected-intelligence/). Other information published by the European Union 
Aviation Safety Agency (``EASA''; https://www.easa.europa.eu/sites/default/files/dfu/GTF%20-%20Report_Issue2.pdf#page=93&zoom=100,0,13. 
p.47), the Civil Aviation Authority of Israel (https://en.globes.co.il/en/article-proposals-drawn-up-for-regulating-drones-in-israel-1001270656), and academia (see for example, https://eng.fau.edu/research/fmri/pdf/Y1R1-17_Final_figliozzi.pdf, p. 34), 
suggests the range is probably one year to three years, with EASA 
suggesting a span of one to four years.
---------------------------------------------------------------------------

     The FAA assumes members of a nationwide community based 
organization own, on average, two aircraft,\92\ which may have an 
average lifespan that exceeds ten years. As a result, members of a 
nationwide community-based organization may not incur the same pattern 
of maintenance and replacement costs as other recreational flyers.\93\
---------------------------------------------------------------------------

    \92\ The FAA has heard that the Academy of Model Aeronautics 
(AMA) has a membership of about 200,000 and each member has nine 
aircraft on average. This would equate to a 1,800,000 AMA Fleet. The 
FAA plans to reach out to the AMA to confirm the average number of 
unique aircraft owned by its members (i.e., an estimate adjusted for 
double-counting of shared aircraft that includes operational 
aircraft weighing more than 0.55 pounds)
    \93\ Based on research of ownership trends and discussions with 
UAS enthusiasts, the FAA assumes that CBO members spend more money 
to purchase or build their model aircraft and to maintain their 
aircraft such that the aircraft last much longer than that of the 
``average'' recreational flyer. Additionally, members of CBOs are 
expected to own more model aircraft, on average, compared to other 
recreational flyers.
---------------------------------------------------------------------------

D. Producers (Manufacturers)
     Based on the FAA part 48 unmanned aircraft registry, the 
FAA estimates that 83 percent of small unmanned aircraft sold in the 
United States are produced by foreign entities.
     Each UAS producer will incur an estimated one-time cost of 
$313 for the purchase of a remote identification standard from a 
consensus standards body.\94\
---------------------------------------------------------------------------

    \94\ https://my.rtca.org/nc__store?category=a0L36000003g7jDEAQ. 
Accessed November 13, 2018. Average price for the 11 unmanned 
aircraft standards available at the RTCA website. The 11 standards 
range in price from $140 to $675 for an average of $313.
---------------------------------------------------------------------------

     The FAA estimates that potentially as many as 157 U.S. and 
324 foreign producers would submit a declaration of compliance for 313 
U.S. and 787 foreign models of UAS for FAA acceptance by year 1 or 2 of 
the analysis period depending on their ability to retrofit.\95\ During 
each of the remaining years of the analysis period, the FAA assumes an 
additional nine new producers would submit a declaration of compliance 
annually for one model of unmanned aircraft each, and nine new models 
will be produced by preexisting producers, for a total of eighteen new 
models of UAS annually.\96\
---------------------------------------------------------------------------

    \95\ Based on analysis of the Association for Unmanned Vehicle 
Systems International (AUVSI) Unmanned Systems & Robotics Database.
    \96\ Based on analysis of the Association for Unmanned Vehicle 
Systems International (AUVSI) Unmanned Systems & Robotics Database.
---------------------------------------------------------------------------

     The FAA assumes that five percent of the declarations of 
compliance submitted by persons responsible for the production of 
standard remote identification UAS and limited remote identification 
UAS to the FAA would not be accepted. The declaration of compliance 
would then be rewritten and resubmitted to the FAA for acceptance, and 
the FAA would accept the resubmission.
     Producers will maintain product support and notification 
procedures to notify the public and the FAA of any defect or condition 
that causes the UAS to no longer meet the requirements of proposed part 
89.
E. Remote ID USS
     The FAA estimates that ten entities will request to become 
Remote ID USS and nine of the entities will be approved by the FAA by 
the end of year 1 in the analysis period. For each of the nine 
remaining years of the analysis period, the FAA assumes one additional 
entity will request to become a Remote ID USS annually which will then 
be approved by the FAA.\97\
---------------------------------------------------------------------------

    \97\ Source: FAA subject matter expert.
---------------------------------------------------------------------------

     Each Remote ID USS applicant will be required to submit an 
application package to the FAA requesting to become an FAA-qualified 
Remote ID USS. The FAA determines that each application package 
submitted will not exceed 40 pages \98\ and will take the applicant 25 
hours per page to complete at a fully burdened wage of $92.72 per hour 
(a fully burdened wage includes pay and benefits).\99\
---------------------------------------------------------------------------

    \98\ See Section 6.5 Application Package Specifics, page 8. 
(Source: https://www.faa.gov/uas/programs_partnerships/data_exchange/laanc_for_industry/media/FAA_USS_LAANC_Onboarding_Process.pdf.) The FAA determines that the 
Remote ID USS applicant package will be more complex than the 
application package for LAANC.
    \99\ Based on information from the regulatory analysis of the 
2019 proposed rule, Operations of Small Unmanned Aircraft Systems 
Over People (https://www.regulations.gov/docket?D=FAA-2018-1087). 
The regulatory analysis estimated it would take a small UAS 
manufacturer 25 hours per page of representative activity to compile 
information, draft, review, and approve remote pilot operating 
instructions. This estimate is used as a proxy for the time required 
by a USS service provider applicant to complete each page of the 
application package submitted to the FAA.

---------------------------------------------------------------------------

[[Page 72492]]

     The FAA assumes each entity operating a UAS would be 
required to subscribe to a Remote ID USS at a rate of $2.50 per month 
or $30 per year.\100\ Entities that operate UAS without remote 
identification may only operate within FAA-recognized identification 
areas and are not required to subscribe to a Remote ID USS.
---------------------------------------------------------------------------

    \100\ FAA review of subscription costs to USS for LAANC range 
from 0$ to $5 per month. The average of $2.50 is used for the 
regulatory analysis. In this analysis, the FAA assumes the 
subscription cost will be a flat rate and will not vary by the 
number of UAS operated by an entity. UAS service providers may 
charge additional fees for other services not related to this 
proposed rule.
---------------------------------------------------------------------------

F. Other
     The FAA assigns the United States Department of 
Transportation guidance on the hourly value of travel time savings for 
personal purposes (for limited recreational flyers only). This value is 
equal to $14.21 per hour and is applicable for the ten-year analysis 
period.\101\
---------------------------------------------------------------------------

    \101\ Time savings is estimated to be median hourly wage plus 
benefits as described in the U.S. Department of Transportation 
Revised Departmental Guidance on Valuation of Travel Time in 
Economic Analysis (Sept. 27, 2016).
---------------------------------------------------------------------------

     The FAA assumes that all Academy of Model Aeronautics 
(AMA) flying sites will submit requests to become FAA-recognized 
identification areas, and that 90 percent of the requests will be 
approved. The remaining ten percent are assumed to be in sensitive 
areas and therefore will not be approved to become an FAA-recognized 
identification area.
     The FAA estimates it will conduct 2,002 investigations of 
UAS incidents annually for each year of the analysis period and that 
each investigation will range between 1 and 40 hours.\102\
---------------------------------------------------------------------------

    \102\ The FAA conducted 2,002 investigations in FY 2018.
---------------------------------------------------------------------------

    The FAA requests comments, with supporting documentation, on these 
assumptions.
2. Benefits Summary
    The FAA is proposing to require the remote identification of UAS 
operating in the airspace of the United States. Remote identification 
of UAS provides situational awareness of operations conducted in the 
airspace of the United States, fosters accountability of the operators 
and owners of UAS, and improves the capabilities of the FAA and law 
enforcement to investigate and mitigate careless, hazardous, and 
noncompliant operations. The ability to know the location of UAS 
operating in the airspace of the United States, and to identify and 
locate their operators, creates a safer environment. This, in turn, 
enhances safety in air commerce and the efficient use of the airspace 
of the United States.
    First and foremost, the implementation of these proposed remote 
identification requirements would allow the FAA, as well as law 
enforcement entities, to have access to new information to help them be 
better able to perform their responsibilities in protecting users of 
the airspace as well as people and property on the ground. Remote 
identification of UAS would enable the FAA, national security agencies, 
and law enforcement entities to have near real-time awareness of UAS 
users in the airspace of the United States. This information could be 
used to distinguish compliant operators from those potentially posing a 
safety or security risk.
    There has been an increase in UAS sightings near airports, some of 
which have caused travel disruptions and significant financial 
costs.\103\ While remote identification alone will not stop such 
occurrences, the FAA expects the duration of the event can be reduced 
by the remote identification capabilities in this proposed rule.\104\ 
London's Gatwick Airport was closed due to unmanned aircraft sightings 
in July 2017 and again in December 2018. In July 2017, a spokesperson 
for the airport reported that operations were suspended twice in one 
day, for a period of nine minutes, and again for a period of five 
minutes. In the December 2018 incident, Gatwick was closed twice during 
the holiday travel rush, once for almost 36 hours as police worked to 
identify those operating unmanned aircraft in the area.\105\ The 
December closures affected approximately 150,000 passengers and 
resulted in approximately 1,000 flight cancellations,\106\ which cost 
the airlines and the airport approximately $64.5 million \107\ and $20 
million, respectively.\108\ Flights at London Heathrow Airport were 
suspended in January 2019 after a sighting of an unmanned 
aircraft.\109\ The suspension of flights lasted approximately one hour.
---------------------------------------------------------------------------

    \103\ The FAA has been compiling a database of UAS sightings 
since November 2014. The database is compiled mostly from reports by 
pilots submitting statements of possible UAS sightings or encounters 
to the FAA's air traffic control facilities, but it also contains 
reports submitted by the general public, law enforcement, air 
traffic controllers, and others. The reports typically involve 
sightings of UAS operating around airports or airborne manned 
aircraft. The FAA analyzed 7,285 records from the database for the 
48-month period starting with January 2015 and going through 
December 2108. During this time, UAS sightings have increased almost 
two fold, going from about 100 reports per month to just under 200 
reports per month. The FAA acknowledges that the data is often not 
sufficient for the FAA to conduct investigations, and that reported 
sightings could involve UAS operating in a safe and authorized 
manner. However, the increase in reported sightings is indicative of 
a proliferation of UAS operating in the airspace.
    \104\ https://www.digitaljournal.com/tech-and-science/technology/q-a-recent-airport-shutdowns-need-drone-interdiction-technology/article/543680. Accessed February 26, 2019.
    \105\ https://www.theguardian.com/uk-news/2018/dec/21/gatwick-airport-reopens-limited-number-of-flights-drone-disruption. Accessed 
February 26, 2019.
    \106\ https://www.independent.co.uk/travel/news-and-advice/gatwick-drones-arrests-flight-delay-cancelled-airport-christmas-travel-latest-update-a8695846.html. Accessed February 26, 2019.
    \107\ https://fortune.com/2019/01/22/gatwick-drone-closure-cost/. 
Accessed February 26, 2019. Extrapolated from EasyJet's announcement 
that it lost $19.3 million in revenue and customer welfare costs 
during the shutdown. EasyJet reported 400 flight cancellations, and 
that the incident affected 82,000 of their passengers, for whom it 
paid an average of $160.90. Accessed February 26, 2019.
    \108\ https://www.independent.co.uk/travel/news-and-advice/gatwick-drone-airport-cost-easyjet-runway-security-passenger-cancellation-a8739841.html. Accessed February 26, 2019.
    \109\ https://www.thenational.ae/world/europe/flights-briefly-stopped-at-heathrow-airport-over-drone-sighting-1.810964. Accessed 
February 26, 2019.
---------------------------------------------------------------------------

    The Dubai International Airport experienced closures due to 
unauthorized unmanned aircraft activity in 2015, 2016, and 2019.\110\ 
In 2015, the unauthorized activity caused the airport to shut down for 
55 minutes. In 2016, unauthorized UAS activity closed the airport three 
more times. Two of the closures lasted 30 minutes each, and one closure 
lasted for 115 minutes. Estimated losses for the three closures that 
occurred in 2016 totaled $16.6 million.\111\ During the airport's most 
recent closure (February 2019), flight departures were suspended for 32 
minutes. According to the Emirates Authority for Standardization and 
Metrology, airports in the United Arab Emirates suffer financial losses 
averaging $95,368 per minute due to unauthorized UAS activity.
---------------------------------------------------------------------------

    \110\ https://www.digitaljournal.com/tech-and-science/technology/q-a-recent-airport-shutdowns-need-drone-interdiction-technology/article/543680.
    \111\ https://www.arabianbusiness.com/content/375851-drone-costs-100000-minute-loss-to-uae-airports.
---------------------------------------------------------------------------

    In the United States, New Jersey's Newark Liberty International 
Airport experienced a closure in January 2019 after receiving two 
separate reports of a UAS sighting. The FAA reported that 43 flights 
were required to hold while nine flights were diverted during the event 
that lasted for 21 minutes.\112\ On February 21, 2019, flights at 
Dublin Airport in Ireland were delayed for 30 minutes due to 
unauthorized unmanned aircraft activity, and on March 22, Frankfurt 
International Airport

[[Page 72493]]

suspended operations for 29 minutes after an unmanned aircraft was 
spotted in the area.^{113 114} Frankfurt International Airport 
was closed again on May 9 for a period of 28 minutes due to a UAS 
sighting. The May 9 closure resulted in the cancellation of 143 
departures with an additional 48 arrivals diverted to other 
airports.\115\
---------------------------------------------------------------------------

    \112\ https://www.reuters.com/article/us-usa-drones/faa-details-impact-of-drone-sightings-on-newark-airport-idUSKCN1PH243. Accessed 
February 26, 2019.
    \113\ https://dronelife.com/2019/02/22/flights-were-grounded-at-dublin-airport-after-another-drone-sighting/. Accessed February 26, 
2019.
    \114\ https://www.ecnmag.com/news/2019/03/drone-sightings-interrupt-germanys-frankfurt-airport.
    \115\ https://www.france24.com/en/20190509-drone-sighting-briefly-grounds-flights-frankfurt-airport.
---------------------------------------------------------------------------

    Currently, personnel that conduct law enforcement and compliance 
activities lack the ability to have near real-time awareness of UAS 
users in the airspace of the United States. These challenges are an 
impediment to the FAA's mission of ensuring the safety of the airspace 
of the United States. For example, over 200 unmanned aircraft were 
detected in the no-fly-zone of the 2018 Albuquerque International 
Balloon Fiesta in spite of the FAA prohibition.\116\ This proposed rule 
could have aided the FAA to identify the operators of these unmanned 
aircraft.
---------------------------------------------------------------------------

    \116\ https://www.krqe.com/news/balloon-fiesta/hundreds-violate-faa-s-no-drone-fly-zone-at-balloon-fiesta/1510662538. Accessed 
December 18, 2018.
---------------------------------------------------------------------------

    The FAA believes this proposed rule is crucial for the development 
of UTM, which would enhance the safety and efficiency of the airspace 
of the United States. The FAA is collaborating with other government 
agencies and industry stakeholders to develop UTM, which would be 
separate from, but complementary to, the ATM system. As of mid-December 
2018, there were 1.27 million unmanned aircraft in the unmanned 
aircraft registry. This is over five times greater than the number of 
active manned aircraft registered with the FAA. While ADS-B is 
currently used to track manned aircraft and is mandated for manned 
aircraft in certain airspace after January 1, 2020, it was not designed 
to incorporate millions of unmanned aircraft on the same network. 
Instead, the FAA envisions a community-based traffic management system, 
where UAS operators have the responsibility to participate in a safe 
operating environment. This vision for UTM includes services for flight 
planning, communications, separation, and weather, among others.
    The FAA also believes remote identification would provide greater 
situational awareness of UAS operating in the airspace of the United 
States to other aircraft in the vicinity of those operations, and 
provide information to airport operators. Manned aircraft, especially 
those operating at low altitudes where UAS operations are anticipated 
to be the most prevalent, such as helicopters and agricultural 
aircraft, could carry the necessary equipment to display the location 
of UAS operating nearby. In addition, we expect towered airports will 
use remote identification information for situational awareness, 
especially for landing and takeoff operations. Further, an aircraft 
preparing to take off from a non-towered airport in Class G airspace 
may have access to greater information than is currently available.
    Remote identification is a key stepping stone to facilitating the 
ability to conduct BVLOS operations. While the FAA acknowledges remote 
identification of UAS does not, in and of itself, permit BVLOS 
operations, without remote identification of UAS, BVLOS operations on a 
large scale are not feasible. BVLOS operations are expected to replace 
riskier manned activities and to also create new economic 
opportunities. When UAS are transmitting and broadcasting, as 
appropriate, remote identification information, they are contributing 
to a cooperative operating environment which supports detect-and-avoid 
and aircraft-to-aircraft communication systems that could aid in 
unmanned aircraft collision avoidance. Remote identification would help 
enable these operations to occur on a routine basis, rather than 
through the waiver process.
    BVLOS operations enable entities to conduct activity which may 
otherwise be too expensive, too dangerous, or too impractical to carry 
out.\117\ For example, BVLOS operations allow unmanned aircraft to 
collect data at costs less than those incurred using the more 
traditional methods of manned aircraft or satellites.\118\ Cost savings 
from the use of unmanned aircraft for BVLOS operations is validated in 
a Precision Hawk case study. In this study, the costs of power line 
inspections using unmanned aircraft versus a manned helicopter were 
compared.\119\ In the electric utilities industry, high tension power 
lines must be inspected on a regular basis, and these inspections are 
typically performed with manned helicopters. While requirements and 
methodologies vary, helicopter inspection costs could range from $40 to 
$700 per mile.\120\ Conversely, utility companies operating UAS BVLOS 
could spend $10 to $25 per mile of inspection. Based on these costs, 
the Precision Hawk Study estimates a potential savings of approximately 
$9 million over a five-year period for a company that must inspect 
10,000 miles of power lines per year.\121\
---------------------------------------------------------------------------

    \117\ https://www.precisionhawk.com/beyond-visual-line-of-sight-bvlos-drone-operations/. Accessed December 19, 2018.
    \118\ Ibid.
    \119\ Ibid.
    \120\ Ibid.
    \121\ Ibid.
---------------------------------------------------------------------------

    UAS remote identification and BVLOS operations would enable 
entities to conduct dangerous activities with unmanned aircraft. While 
UAS remote identification itself does not prevent accidents, accidents 
involving unmanned aircraft typically have a much lower threat to human 
life than do accidents involving manned aircraft. One example of an 
accident where injury could possibly have been prevented if a UAS was 
substituted for a manned aircraft was for a power line inspection near 
BWI Marshall Airport, MD Amtrak Rail Station. The helicopter used to 
perform the inspection crashed, resulting in injuries to the 
helicopter's three occupants, and subsequently started a brush fire 
that resulted in a service interruption for Amtrak passengers 
travelling between Washington, DC,\122\ and Baltimore, Maryland. In May 
of 2018, a helicopter performing a routine transmission line inspection 
crashed in Louisiana when its landing gear became entangled in 
transmission lines. Of the three people on board the helicopter, one 
was killed, and the other two were injured.\123\ This loss of life 
could possibly have been prevented if the inspection had been conducted 
with a UAS instead of a manned helicopter. In addition to replacing 
manned aircraft for utility inspections, UAS can also eliminate the 
need for workers to climb to dangerous heights for inspection of power 
lines, cellular towers, and wind turbines.\124\
---------------------------------------------------------------------------

    \122\ https://baltimore.cbslocal.com/2016/04/16/helicopter-crash-reported-near-bwi-airport/. Accessed December 19, 2018.
    \123\ https://www.nola.com/traffic/index.ssf/2018/05/victims_in_fatal_boutte_helico.html.
    \124\ https://www.powermag.com/using-drones-to-increase-net-safety-in-the-utility-sector/?pagenum=1. There are approximately 
52,000 utility-scale wind turbines in the United States.
---------------------------------------------------------------------------

    This proposed rule would assist government efforts to address 
illegal activity and protect national security. Criminal operations 
create a direct threat to national security and public safety and also 
pose severe hazards to safety in air commerce. Such risks are 
multiplied with the increasing sophistication of technology, the 
availability of UAS equipment, and the enabling of additional types of

[[Page 72494]]

operations across the airspace of the United States. The FAA recognizes 
the increasing availability and potential use of UAS for illegal 
activities such as the carrying and smuggling of controlled substances, 
illicit drugs, and other payloads; the unlawful invasion of privacy; 
illegal surveillance and reconnaissance; the weaponization of UAS; 
sabotaging of critical infrastructure; property theft; disruption; and 
harassment. With this proposed rule, the FAA, first responders, and law 
enforcement officers would be able to more easily determine who is 
operating in the airspace and assist in identifying anomalies or 
dubious operations to determine whether action is warranted to ensure 
the safety and security of the airspace of the United States and the 
people on the ground.
    Safety and security enforcement can be extremely difficult absent a 
remote identification requirement that enables the prompt and accurate 
identification of UAS and their operators. Recently, there have been 
several instances of unmanned aircraft operating illegally in the areas 
of wildfires where the FAA typically implements temporary flight 
restrictions to support U.S. Forest Service activities. Aerial 
firefighting aircraft typically fly in smoky, windy, turbulent 
conditions, and unauthorized unmanned aircraft flights near a wildfire 
could cause injury or death to firefighters and pilots because 
firefighting aircraft typically fly at very low altitudes, which 
creates an environment for mid-air collisions.\125\ If unmanned 
aircraft are detected in an unauthorized area, firefighting aircraft 
could be grounded. The effects of lost aircraft flying time can be 
compounded by flames moving into untreated terrain, potentially 
threatening lives and property.\126\
---------------------------------------------------------------------------

    \125\ https://www.usda.gov/media/blog/2016/08/10/unauthorized-drones-near-wildfire-can-cost-and-kill. Accessed December 21, 2018.
    \126\ https://www.usda.gov/media/blog/2016/08/10/unauthorized-drones-near-wildfire-can-cost-and-kill. Accessed December 21, 2018.
---------------------------------------------------------------------------

    The U.S. Department of Interior tracks private unauthorized 
unmanned aircraft incursions over wildland fires. In their first year 
of reporting (2014), there were two incursions of unauthorized unmanned 
aircraft over wildland fires. In 2015, the number of unauthorized 
unmanned aircraft incursions increased six-fold from the prior year to 
total 12 incursions.\127\ By 2016, there were 42 unauthorized unmanned 
aircraft incursions over wildland fires.\128\ Of these 42 incursions, 
12 resulted in delays of aerial support to firefighters, and several 
incursions resulted in fire suppression aviators taking evasive action 
to avoid collisions with unmanned aircraft. During 2017, aerial 
wildland firefighting efforts ceased 25 times due to unauthorized 
unmanned aircraft incursions.\129\ The most recent report published by 
the U.S. Department of Interior (August of 2018) shows that 
firefighting efforts were impacted 15 times due to unauthorized 
unmanned aircraft incursions over wildland fires.\130\
---------------------------------------------------------------------------

    \127\ https://www.doi.gov/pressreleases/interior-expands-information-sharing-initiative-prevent-drone-incursions.
    \128\ Ibid.
    \129\ https://www.firehouse.com/tech-comm/drones/article/12396869/the-lovehate-relationship-between-drones-wildland-firefighters. Accessed December 18, 2018.
    \130\ https://www.doi.gov/sites/doi.gov/files/uploads/2018_wildland_fire_incursion_events_of_unauthorized_uas.pdf.
---------------------------------------------------------------------------

    Delaying firefighting missions creates significant costs and can 
also delay transportation of firefighters to different locations.\131\ 
During the Lake Fire in California's San Bernardino County in 2015, 
three planes carrying flame retardant were prevented from dropping 
their cargo due to interference from a private unmanned aircraft 
operating in the vicinity and contrary to rules.\132\ One aircraft was 
able to drop its retardant on a different fire, but the other two 
aircraft had to jettison retardant because they would not be able to 
land otherwise due to aircraft weight. Officials stated that the failed 
mission cost between $10,000 and $15,000.
---------------------------------------------------------------------------

    \131\ https://www.doi.gov/sites/doi.gov/files/uploads/2018_wildland_fire_incursion_events_of_unauthorized_uas.pdf.
    \132\ https://arstechnica.com/tech-policy/2015/06/drone-flying-over-forest-fire-diverts-planes-costs-us-forest-service-10k/. 
Accessed December 21, 2018.
---------------------------------------------------------------------------

    Similarly, a State senator from Utah stated that costs for fighting 
a fire 300 miles south of Salt Lake City would have been lower instead 
of actual costs of over $10 million if five unmanned aircraft flights 
had not interfered with firefighting efforts.\133\ Likewise, in the 
Pinal Fire (Arizona) that occurred during May of 2017, at least four 
separate incidents involving unauthorized unmanned aircraft hindered 
firefighting operations.\134\ Each of the four incidents involved 
recreational users. In one of the incidents, an air tanker flying over 
the fire was forced to release its retardant at a higher altitude for 
safety reasons, which reduced the retardant's effectiveness for 
smothering fire. Likewise, unmanned aircraft disrupting fire-fighting 
efforts at the Lightner Creek Fire (Colorado) in 2017 resulted in two 
air tankers jettisoning 1,600 gallons of retardant at a cost of 
approximately $8,000 to $10,000.\135\ Lastly, during the Pole Creek 
Fire (Utah) during October of 2018, all firefighting aircraft in the 
area were grounded, as well as three helicopters that had been 
supporting ground crews, due to unmanned aircraft flying in airspace 
with a temporary flight restriction.\136\
---------------------------------------------------------------------------

    \133\ https://apnews.com/0e8053dc251f4efbacbd249f3aa8573c. 
Accessed December 21, 2018.
    \134\ https://wildfiretoday.com/2017/05/26/drones-interfere-with-aviation-operations-on-pinal-fire/.
    \135\ https://durangoherald.com/articles/169962
    \136\ https://universe.byu.edu/2018/09/21/firefighters-make-headway-fighting-pole-creek-bald-mountain-fires-1/
---------------------------------------------------------------------------

    In addition to the remote ID requirements of this proposed rule, 
this rulemaking proposes that recreational flyers have a single 
Certificate of Aircraft Registration for each unmanned aircraft 
operated. Currently, the FAA does not have aircraft-specific data for 
aircraft operated by recreational flyers. This means that the FAA does 
not have a data set that includes the serial numbers of all unmanned 
aircraft registered under part 48, and thus cannot correlate the 
registration data to the remote identification data which would be 
transmitted and broadcast, as appropriate, by unmanned aircraft under 
the proposed rule. Similarly, the FAA is proposing to allow a person to 
operate foreign-registered civil unmanned aircraft in the United States 
only if the person submits a notice of identification to the 
Administrator. These registration and notification requirements are the 
foundation for both identifying aircraft and for promoting 
accountability and the safe and efficient use of the airspace of the 
United States. The lack of aircraft-specific data inhibits the FAA and 
law enforcement agencies from correlating the remote identification 
data proposed in this rule with operators of unmanned aircraft.
Conclusion
    The FAA expects this proposed rule will result in several important 
benefits and enhancements to support the safe integration of expanded 
UAS operations in the airspace of the United States. The proposal would 
provide situational awareness of UAS operations to other aircraft and 
airport operators. The proposed rule would provide information to 
distinguish compliant UAS users from those potentially posing a safety 
or security risk. The following table summarizes the benefits of the 
proposed rule.
---------------------------------------------------------------------------

    \137\ ``Because these operations have a potential impact on 
public safety and national security, the FAA does not intend to 
promulgate a final rule to allow these operations until a regulation 
finalizes the requirements regarding remote identification of small 
UAS.'' Safe and Secure Operations of Small Unmanned Aircraft 
Systems, Advance Notice of Proposed Rulemaking, February 13, 2019 
(84 FR 3732).

[[Page 72495]]



              Table 6--Summary of Benefits of Proposed Rule
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Safety and Security...............   Provides situational
                                     awareness of UAS flying in the
                                     airspace of the United States to
                                     other aircraft in the vicinity of
                                     those operations and airport
                                     operators.
                                     Provides information to
                                     distinguish compliant UAS users
                                     from those potentially posing a
                                     safety or security risk.
                                     Enables the FAA, national
                                     security agencies, and law
                                     enforcement entities to obtain
                                     situational awareness of UAS in the
                                     airspace of the United States in
                                     near real-time.
                                     Provides additional
                                     registration and notification
                                     requirements for identifying
                                     aircraft and promoting
                                     accountability and the safe and
                                     efficient use of the airspace of
                                     the United States.
Enables Expanded Operations and      Assists in the
 UAS Integration.                    implementation of operations of
                                     small UAS over people and at night.
                                     A final rule for operation of small
                                     UAS over people and at night is
                                     contingent upon a final action for
                                     UAS with remote identification
                                     being effective.\137\
                                     Provides UAS-specific data
                                     to facilitate future, more advanced
                                     operational capabilities, such as
                                     detect-and-avoid and aircraft-to-
                                     aircraft communications that
                                     support beyond visual line of sight
                                     (BVLOS) operations.
                                     Provides UAS-specific data
                                     contributing to a comprehensive UAS
                                     traffic management (UTM) system
                                     that would facilitate the safe
                                     expansion of operations.
------------------------------------------------------------------------

    In addition, the proposed rule provides flexibility through minimum 
performance requirements that would accommodate future innovation and 
improve the efficiency of UAS operations. The proposal also does not 
preclude early compliance for producers or operators to realize earlier 
expanded operations and commercial opportunities.
3. Cost and Savings Summary
    UAS owners, operators, and producers, as well as Remote ID USS and 
developers of remote identification means of compliance, would play 
important roles in the remote identification of UAS. The following 
subsections summarize costs and cost savings by affected groups within 
the scope of the proposed rule.
i. UAS Owners and Operators
Registration Provisions
    The FAA is proposing to require the owners of UAS to register under 
part 47 or part 48 and to provide the serial number of the unmanned 
aircraft, unless the aircraft is specifically excepted from 
registration. If an unmanned aircraft is currently registered, its 
owner would be required to update the aircraft's registration to 
include the serial number by the compliance date of the final rule or 
the first registration renewal after a rule becomes effective, 
whichever is earlier.
    Part 48 currently requires that registration of aircraft operated 
under part 107 include the make, model, and serial number, if 
available, of the aircraft as part of the aircraft registration. Since 
regulations require these registrations to be renewed every three 
years, and the compliance date for the requirement to include the make, 
model, and serial number is 36 months after the effective date of the 
final rule, some owners of registered aircraft operated under part 107 
would not incur additional costs. Likewise, unmanned aircraft 
registering under part 47 are currently required to include make, 
model, and serial number, so some owners of these aircraft would not 
incur additional costs as well.
    However, a portion of the part 107 fleet will be replaced early as 
a result of the proposed one-year operational compliance period, which 
will trigger the requirement to register the new aircraft at a time 
earlier than would otherwise have been. The 10-year present value 
incremental cost incurred for registering new aircraft is about $0.03 
million at a three percent discount rate and $0.02 million at a seven 
percent discount rate. The incremental annualized costs are about 
$0.003 million at either a three percent or seven percent discount 
rate.
    The FAA also proposes to revise the registration requirements in 
part 48 to remove the provisions that allow small unmanned aircraft to 
register as model aircraft under a single Certificate of Aircraft 
Registration and to require the individual registration of each 
aircraft, regardless of its intended use.\138\ This means that every 
small unmanned aircraft registered under part 48 would need to have its 
own Certificate of Aircraft Registration.
---------------------------------------------------------------------------

    \138\ This proposal uses the term ``limited recreational 
operations'' when discussing registration requirements under part 
48. Part 48 uses the term ``model aircraft'' to describe 
recreational UAS operations. The FAA considers that model aircraft 
under part 48 are consistent with the ``limited recreational 
operations'' described in 49 U.S.C. 44809, therefore ``limited 
recreational operations'' has been used throughout to ensure 
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

    The FAA estimates additional costs for recreational flyers to amend 
the part 48 aircraft registry to register each unmanned aircraft owned 
and update each individual registration to include make, model, and 
serial number. The FAA estimates the 10-year present value costs to 
affected recreational flyers is about $1.1 million at a three percent 
discount rate and about $0.89 million at a seven percent discount rate. 
The incremental annualized costs are about $0.13 million at either a 
three percent or seven percent discount rate.
    Recreational flyers will also be required to pay a $5 registration 
fee to the FAA for each additional aircraft registered. Government fees 
and taxes are considered transfer payments per OMB Circular A-4 and are 
not considered a societal cost. These transfers are reported separately 
from the costs of this proposed rule.\139\ Over the 10-year period of 
analysis, the present value of incremental fees paid by recreational 
flyers for registration of additional aircraft totals $8.1 million at a 
three percent discount rate and $6.6 million at a seven percent 
discount rate. The annualized fees are about $1 million at either a 
three percent or seven percent discount rate.
---------------------------------------------------------------------------

    \139\ See the ``Separate Reporting of Transfers'' per OMB 
Circular A-4 (https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf).
---------------------------------------------------------------------------

Effects of Retrofits and One Year Operational Compliance
    The proposed rule would require persons responsible for the 
production of standard remote identification UAS or limited remote 
identification UAS to provide UAS with remote identification two years 
after the effective date of the final rule. Operators of UAS would have

[[Page 72496]]

one additional year beyond the production compliance date to begin 
using UAS with remote identification.\140\ The exception is for 
operators of UAS without remote identification. The FAA determined this 
affected group could fly UAS without remote identification at FAA-
recognized identification areas. Under the proposed construct, any 
person (e.g., a limited recreational flyer) who flies exclusively at 
FAA-recognized identification areas could use a UAS without remote 
identification.
---------------------------------------------------------------------------

    \140\ After the proposed full compliance date of 36-months past 
the effective date of the final rule, UAS without remote 
identification that weigh more than 0.55 pounds may only be operated 
at FAA-recognized identification areas.
---------------------------------------------------------------------------

    As previously discussed in the ``Key Assumptions and Data Sources'' 
section, during the development of this rulemaking the FAA received 
information from industry suggesting part of the existing fleet of UAS 
can be retrofit to comply with remote identification requirements 
(e.g., by a software update or ``push'' through the internet) and this 
could be achieved within the first year after the effective date of the 
final rule given the availability of FAA-accepted means of compliance. 
The FAA estimates at least 93% of the current part 107 fleet and at 
least 20% of the current recreational fleet would be eligible for 
retrofits. Besides reducing costs, retrofits would enable early 
compliance with remote identification for persons operating a portion 
of the existing UAS fleet and those UAS purchased during the proposal's 
24-month period before compliance with proposed production 
requirements. For example, retrofits of UAS purchased in year 1 of the 
analysis period would enable them to be operated for their entire 
lifespan (i.e., one year after the three year full compliance date of 
the proposal).\141\
---------------------------------------------------------------------------

    \141\ This analysis uses an average three year lifespan for 
affected UAS (not including those UAS operated by members of 
community based organizations that fly exclusively within FAA-
recognized identification areas, see the ``Key Assumptions and Data 
Sources'' section above). Based on the three year lifespan and the 
proposed 36-month full compliance period, affected UAS purchased in 
year 1 of the analysis period, or 12 months after the effective date 
of the final rule, would be effectively grounded in year 4 of the 
analysis unless retrofit.
---------------------------------------------------------------------------

    Therefore, the group of retrofit UAS used in this analysis are 
based on the following assumptions: (1) These UAS are purchased during 
year 1 of the analysis period and have a lifespan of three years; (2) 
the producers of these UAS have identified an FAA-accepted means of 
compliance for remote identification that can be used for retrofits 
during year 1 of the analysis period; and, (3) these UAS are capable of 
being retrofit with relative ease, little downtime from operations, and 
at minimal costs for at least 93% of the UAS in the part 107 fleet and 
at least 20% of the UAS in the recreational fleet purchased in year 1. 
Without the availability of retrofits, UAS purchased during year 1 
would not be equipped with Remote Id and therefore grounded in year 4.
    As a result of the proposed compliance period for UAS operators and 
the potential for retrofits, a portion of about 7% of the UAS in the 
part 107 fleet and 80% of the UAS in the recreational fleet purchased 
in year 1 of the analysis would not be compliant with the proposal in 
year 4 of the analysis (after the full compliance date) and would 
effectively become obsolete prior to the end of useful life.\142\ The 
FAA uses a straight line depreciation method to estimate a measure of 
expense or cost to part 107 operators and recreational flyers for early 
replacement of UAS as a result of the proposed compliance period.\143\ 
In the case of the part 107 operators, this measure of depreciation 
represents the cost to entities for an early outlay of funds for 
replacing UAS with remaining useful life.\144\ For the recreational 
flyers, the estimate is used as a proxy for the opportunity cost for 
loss of use of UAS with remaining useful life.
---------------------------------------------------------------------------

    \142\ This equates to eighteen percent of the overall affected 
UAS fleet in year 4 would likely be replaced prior to the end of 
useful life. This excludes UAS that are flown by members of CBO, 
since the FAA assumes this affected group would fly UAS at FAA-
recognized identification areas.
    \143\ The straight line depreciation method is a common default 
method of depreciation that is calculated by dividing the difference 
between an asset's cost and its expected salvage value by the number 
of years it is expected to be used (https://corporatefinanceinstitute.com/resources/knowledge/accounting/straight-line-depreciation/ or https://www.investopedia.com/terms/s/straightlinebasis.asp).
    \144\ The FAA uses this depreciation analysis as a means to 
measure lost utility or useful life of UAS due to the proposed 
compliance period. However, these estimates may be offset through 
tax savings. Companies and other entities may use depreciation 
expenses to generate tax savings, which is a transfer effect that 
might reduce the impact on companies, but not reduce the social 
costs of the rule. U.S. tax rules allow depreciation expenses to be 
used as tax deductions against revenue in arriving at taxable 
income. The higher the depreciation expense, the lower the taxable 
income and the greater the tax savings.
---------------------------------------------------------------------------

    The estimated straight-line depreciation is based on average UAS 
purchase prices of $2,500 for the part 107 consumer fleet and about 
$114 for the fleet of UAS flown by recreational flyers. For each of 
these categories, the purchase price is spread equally across 36 months 
to estimate the monthly depreciation expense (36 months is the lifespan 
of a small UAS).^{145 146} The early depreciation expense is 
only applicable to the portion of the UAS fleet purchased in year 1 of 
the analysis period, as this group of UAS will be grounded due to the 
proposed rule's requirement that all UAS have remote identification by 
the end of year 3 of the analysis period. Therefore, some of the UAS 
purchased in year 1 will lose up to one year of useful life (and 
correspondingly up to one year of depreciation expense).\147\ The 
following table presents loss of use quantified as depreciation loss 
for year 4.\148\
---------------------------------------------------------------------------

    \145\ Page 47 of The FAA Aerospace Fleet Forecast FY 2019-2039 
identifies cost for consumer UAS. The estimated average purchase 
price for UAS used by limited recreational operators is based on 
research of UAS used by hobbyists. The monthly depreciation expense 
for consumer UAS and limited recreational UAS is $69.44 and $3.16, 
respectively.
    \146\ Annual UAS sales are spread evenly over a 12-month period 
to estimate monthly sales.
    \147\ For ease of calculation, sales of UAS are presumed to 
occur on the first day of the month. Therefore, units sold in 
January of year 1 of the analysis period are fully depreciated by 
December of year 3 and thus there is no loss of useful life; units 
sold in February of year 1 lose one month of useful life (which is 
January of year 4); units sold in March of year 1 lose two months of 
useful life (which are Jan-Feb of Year 4); units sold in April of 
year 1 lose three months of useful life (which are Jan-Mar of year 
4); etc.
    \148\ See the Regulatory Impact Analysis for this proposed 
rulemaking for the derivation of these estimates.

 Table 7--Cost Impact of Proposed Operational Compliance Period, Loss of Use Quantified as Depreciation Expense
                                                  [$ millions]
----------------------------------------------------------------------------------------------------------------
                                                                             Depreciation expense (units sold in
         Affected UAS fleet               Number of UAS sold in year 1                    year 1) *
----------------------------------------------------------------------------------------------------------------
Pt 107--Consumer...................  12,489...............................  *$4.8

[[Page 72497]]

 
Recreational.......................  299,252..............................  5.2
                                    ----------------------------------------------------------------------------
Undiscounted Total.................  .....................................  10.0
3% PV..............................  .....................................  8.9
7% PV..............................  .....................................  7.6
----------------------------------------------------------------------------------------------------------------
Table notes: (i) Row and column totals may not sum due to rounding. (ii) Affected UAS will be depreciated for a
  period of one to eleven months, depending on the month of purchase.

    The present value cost impact of the loss of UAS use for operators 
is $8.9 million at a three percent discount rate and $7.6 million at a 
seven percent discount rate. The annualized cost impact of loss of use 
is about $1 million at either a three percent or seven percent discount 
rate. If the estimated level of retrofits are possible, then this 
impact represents only about two percent of the total costs of the 
proposed rule. If fewer retrofits are possible, then costs related to 
the loss of UAS use for operators would increase proportional to the 
number of retrofits available by model and share of the model in the 
fleet.
    The FAA believes this cost impact is justified in order to reduce 
the delay for law enforcement, security partners, the FAA, and airports 
to use remote ID information. The FAA considered allowing three years 
beyond the producer compliance date for owners and operators to comply 
with the remote identification requirements of this proposed rule in 
the ``Alternatives Considered'' section. This period of time coincides 
with the three-year lifespan of a small UAS and would have prevented 
costly grounding or replacement of UAS prior to the end of useful life. 
However, the FAA determined that the three-year compliance period was 
less preferable, because it prolonged safety and security risks to air 
traffic and airports by delaying the ability of law enforcement 
personnel to identify unauthorized UAS operations. To reduce the delay 
in implementing remote identification, the operational compliance 
period was reduced from three years to one year.
ii. Remote ID USS Subscription Fee
    The FAA is proposing that three years following the effective date 
of a final rule, standard remote identification UAS and limited remote 
identification UAS would be required to transmit remote identification 
messages through the internet to a Remote ID USS. In addition, standard 
remote identification UAS would also be required to broadcast the same 
message elements directly from the unmanned aircraft. UAS that are 
unable to comply with the requirements for standard remote 
identification UAS or limited remote identification UAS would be 
required to operate exclusively within an FAA-recognized identification 
area.
    The FAA does not intend to provide remote identification services 
to UAS operators, but instead would enter into MOAs with Remote ID USS 
in a manner similar to LAANC USS. The FAA anticipates that UAS 
operators would subscribe to a Remote ID USS and then connect to the 
internet using their existing internet service provider. Based on the 
LAANC USS business model,\149\ the subscription to a Remote ID USS may 
range in cost from $0 to $5 per month, per operator, for a midpoint of 
$2.50 per month.\150\ For purposes of this regulatory evaluation, the 
FAA determines that each operator of a standard remote identification 
UAS or limited remote identification UAS would be required to subscribe 
to a Remote ID USS at a fee of $2.50 per month.
---------------------------------------------------------------------------

    \149\ The selection process for LAANC providers is approximately 
10 months. https://www.faa.gov/news/updates/?newsId=93047&omniRss=news_updatesAoc&cid=101_N_U.
    \150\ The cost of $0 to $5 is based on an internet search of 
LAANC USS providers. LAANC USS also provide services through apps, 
such as AirMap and Kittyhawk.
---------------------------------------------------------------------------

    Based on the compliance dates for this rulemaking, the FAA 
determines that an app to connect standard remote identification UAS 
and limited remote identification UAS to a Remote ID USS would be 
available at the start of year 2 of the analysis period. The number of 
new and renewed Remote ID USS subscriptions is approximately 3.1 
million for part 107 operators and 5.7 million for recreational flyers. 
The present value cost of subscriptions to affected UAS operators 
totals $242 million at a three percent discount rate and $192 million 
at a seven percent discount rate. The annualized costs of the 
subscriptions is about $28 million at either a three percent or seven 
percent discount rate.
    The FAA notes that the $2.50 subscription fee could be considered a 
transfer payment that is representative of the cost for Remote ID USS 
to provide remote identification services.
iii. UAS Producers
    For each UAS designed and produced for operation in the United 
States, the producer (with limited exceptions included in the proposal) 
would be required to:
     Produce the UAS in accordance with the minimum performance 
requirements of the proposed rule using an FAA-accepted means of 
compliance;
     Issue each unmanned aircraft a serial number that complies 
with the ANSI/CTA-2063-A serial number standard;
     Label the unmanned aircraft to indicate that it is remote 
identification-compliant and indicate whether the UAS is a standard 
remote identification UAS or limited remote identification UAS; and,
     Submit a declaration of compliance for acceptance by the 
FAA, declaring that the UAS complies with the minimum performance 
requirements of the proposed rule.
    As discussed in this preamble, the FAA would require persons 
responsible for the production of standard remote identification UAS 
and limited remote identification UAS to comply with the minimum 
performance requirements of the proposed rule using an FAA-accepted 
means of compliance and would require the person to issue serial 
numbers that comply with the ANSI/CTA-2063-A serial number standard. 
Presently, an FAA-accepted means of compliance for UAS remote 
identification does not exist, but the FAA is aware of UAS remote 
identification standards being developed. The FAA estimates the cost

[[Page 72498]]

to each producer to obtain a copy of a standard that could be an FAA-
accepted means of compliance for remote identification to be $313.\151\ 
It is anticipated that a standard for means of compliance for remote 
identification may not be available until year 2 of the analysis period 
\152\, and during this year, the FAA estimates 157 U.S. producers and 
324 foreign producers would purchase the standard to be used as an FAA-
accepted means of compliance.\153\ For the remaining years of the 
analysis period, the FAA estimates three additional U.S. producers and 
six additional foreign producers would enter the market annually and 
would also incur the cost to purchase a means of compliance.
---------------------------------------------------------------------------

    \151\ https://my.rtca.org/nc__store?category=a0L36000003g7jDEAQ. 
Accessed November 13, 2018. Average price for the 11 unmanned 
aircraft standards available at the RTCA website. The 11 standards 
range in price from $140 to $675 for an average of $313.
    \152\ Noting the potential for earlier compliance and retrofits, 
the FAA may adjust its analysis of costs associated with available 
means of compliance for the final rule based on information received 
during the comment period.
    \153\ Based on AUVSI Unmanned Systems & Robotics Database for 
Air Platforms (Association for Unmanned Vehicle Systems 
International).
---------------------------------------------------------------------------

    The proposed rule would require a person responsible for the 
production of standard remote identification UAS or limited remote 
identification UAS to label the UAS to show that it was produced with 
remote identification technology capable of meeting the proposed rule. 
The label must be in English and be legible, prominent, and permanently 
affixed to the unmanned aircraft. The proposed labeling requirement 
would assist the person manipulating the flight controls of the UAS to 
know that his or her UAS is eligible to conduct operations within the 
airspace of the United States. The proposed labeling requirement would 
also assist the FAA in its oversight role because it provides an 
efficient means for an inspector to determine whether a UAS meets the 
requirements of the proposed rule.
    The FAA estimates that it would take twenty hours to design a label 
for each model of aircraft produced. The costs would begin in year 2 of 
the analysis period at which time the FAA estimates 313 U.S. models of 
aircraft and 787 models of foreign aircraft would require 
labeling.\154\ For the remainder of the analysis period, an additional 
eighteen models of U.S. and foreign produced aircraft would require 
labeling design on an annual basis.
---------------------------------------------------------------------------

    \154\ Based on AUVSI Unmanned Systems & Robotics Database for 
Air Platforms. (Association for Unmanned Vehicle Systems 
International.
---------------------------------------------------------------------------

    Over the 10-year period of analysis, the present value costs to 
producers for labeling is about $2.0 million at a three percent 
discount rate and $1.7 million at a seven percent discount rate.
    The proposed rule would require the producers of UAS to submit a 
DOC to the FAA identifying the means of compliance used to determine 
that the UAS meets the applicable performance requirements. The FAA 
would rely on a producer's DOC to ensure that the make and model of UAS 
is compliant with the proposed requirements at the time of manufacture.
    The FAA estimates that the test report and/or substantiating data 
for the DOC would average 50 pages and would take five hours per page 
to generate. The five hours consists of one hour for documenting 
results and four hours for performing tests that demonstrate compliance 
with the remote identification equipage requirements.\155\ For this 
analysis, the FAA assumes that five percent of DOCs would not be 
accepted and have to be resubmitted, possibly with updated analysis, 
for acceptance. The FAA also assumes that after a producer rewrites and 
resubmits a DOC, the FAA would accept the revised DOC. The proposed 
rule requires manufacturers to retain a test report or any other 
substantiating data that supports their DOC.
---------------------------------------------------------------------------

    \155\ The report length is equivalent to the report generated in 
NOS for the DOC. It is used as a proxy for the report that producers 
will generate to substantiate compliance with remote ID 
requirements.
---------------------------------------------------------------------------

    In total, estimated costs over the ten-year period of analysis for 
producers to perform tests and generate substantiating data to support 
their DOC is approximately $25.2 million at a present value discount 
rate of three percent and $22.9 million at a present value discount 
rate of seven percent. Annualized costs at a three percent discount 
rate and a seven percent discount rate are approximately $3 million.
    Any producer of a UAS with remote identification will be required 
to submit a one-page DOC form to the FAA to affirm that the UAS meets 
the performance requirements and was designed and produced using an 
FAA-accepted means of compliance for UAS with remote 
identification.\156\ The time required to complete the form and submit 
it through an FAA web portal is estimated to be 15 minutes at a cost of 
$20.73 per model.\157\ In addition to the 15 minutes for submitting the 
DOC form, there is an additional 19.75 hours expended by multiple 
levels of a producer's organization for the purpose of review and 
quality checking. The cost to submit a declaration of compliance occurs 
largely in year 2 of the analysis period so that UAS producers are able 
to manufacture inventory with remote identification for availability to 
operators beginning with year 3 of the analysis period. Producers would 
incur additional costs for submitting a declaration of compliance 
during years 3 through 10 of the proposed rule as they design new 
models of UAS. The FAA assumes that five percent of the submissions 
will not be accepted initially, but will then be resubmitted and 
accepted by the FAA.
---------------------------------------------------------------------------

    \156\ The time allotted in the FAA information collection 
related to the registration of small unmanned aircraft is used as a 
proxy to estimate the cost to producers for submitting a declaration 
of compliance for remote identification. In the Registration of 
Small Unmanned Aircraft information collection, it was estimated 
that seven minutes was required for an individual to complete a 
small unmanned aircraft registration. Since the DoC requires 
approximately twice as much information as a registration for 
unmanned aircraft, the FAA estimates the DoC form will take 
approximately 15 minutes to complete.
    \157\ In this calculation, the FAA assumes the fully burdened 
wage (compensation + benefits) to be similar to that of the wage of 
FAA technical subject matter expert, which is increased by a factor 
of 1.466 to become a fully burdened wage of $82.93 per hour, or 
$20.73 for 15 minutes.
---------------------------------------------------------------------------

    Over the 10-year period of analysis, the present value costs to 
producers for submitting the declaration of compliance form is about 
$27.2 million at a three percent discount rate or $24.8 million at a 
seven percent discount rate for annualized costs of approximately $3.5 
million and 3.2 million, respectively.
    Beginning in year 3 of the analysis period, producers would be 
required to provide UAS with remote identification.\158\ Standard 
remote identification UAS would be required to transmit message 
elements through the internet to a Remote ID USS and to broadcast the 
same message elements directly from the unmanned aircraft. Limited 
remote identification UAS would be required to be designed and produced 
such that the aircraft can operate no more than 400 feet from the 
control station and cannot broadcast remote identification message 
elements.
---------------------------------------------------------------------------

    \158\ Note the exceptions to this rule (military, law 
enforcement, government not conducting operations as civil 
aircraft). Additionally, the FAA determines that members of a 
community based organization choose not to integrate remote 
identification into existing aircraft.
---------------------------------------------------------------------------

    The FAA estimates the incremental cost to a producer of standard 
remote identification UAS would include the cost of a computer chip for 
broadcasting the remote identification message elements ($5) and a cost 
to make the remote identification equipment tamper

[[Page 72499]]

resistant ($15). For limited remote identification UAS, the incremental 
cost to a producer would include a software update that prevents the 
aircraft from flying beyond 400 feet from the operator ($5) and a cost 
to make the remote identification equipment tamper resistant ($15).
    Operators of limited remote identification UAS must transmit 
message elements to the Remote ID USS from the control station, which 
could be an electronic device such as a smart phone or tablet.\159\ For 
purposes of this analysis, the FAA determines that operators of limited 
remote identification UAS would already have a cell phone or electronic 
device capable of transmitting the message elements through an internet 
connection to the Remote ID USS and thus incur no additional costs for 
the purchase of a device to transmit messages to a Remote ID USS.\160\
---------------------------------------------------------------------------

    \159\ Based on research of publicly available UAS information, 
the FAA found that operators of limited remote identification UAS 
already typically own a smartphone or other electronic device which 
is capable of transmitting the location of the control station to 
the internet.
    \160\ In 2018, 77 percent of the adults in the United States 
owned a smart phone (https://www.statista.com/statistics/219865/percentage-of-us-adults-who-own-a-smartphone/).
---------------------------------------------------------------------------

    The present value costs to U.S. producers to build UAS with remote 
identification totals $105 million at a three percent discount rate and 
$85 million at a seven percent discount rate. The annualized costs are 
about $12 million at either a three percent or seven percent discount 
rate.
iv. Developers of Remote Identification Means of Compliance
    Under the proposed rule, a means of compliance would have to be 
accepted by the FAA before it is used in the design and production of 
UAS with remote identification. Means of compliance are developed by 
persons or organizations to describe methods by which a person 
responsible for the production of standard remote identification UAS or 
limited remote identification UAS may comply with the minimum 
performance requirements of this proposed rule. The FAA would review 
the means of compliance to determine if it meets the minimum 
performance requirements, and testing and validation procedures of the 
proposed rule. Specifically, the person or entity would have to submit 
a detailed description of the means of compliance, a justification for 
how the means of compliance meets the minimum performance requirements 
of the proposed rule, and any substantiating material the person or 
entity wishes the FAA to consider as part of the application. The FAA 
would indicate acceptance of a means of compliance by placing a notice 
in the Federal Register identifying the means of compliance as accepted 
and by notifying the submitter of the acceptance of the proposed means 
of compliance.
    A UAS remote identification standard that could be one potential 
means of compliance to the proposed rule is currently being developed 
by ASTM International, and, for purposes of this analysis, the FAA 
anticipates it would be available by the beginning of year 2 of the 
analysis period. Total present value costs incurred by industry 
consensus standard-setting entities to develop and maintain a remote 
identification means of compliance is $1.23 million at a three percent 
discount rate and $1.08 million at seven percent discount rate over the 
ten-year period of analysis. The annualized costs are about $0.15 
million at either a three percent or seven percent discount rate.
    For purposes of this rulemaking, it is assumed that one additional 
individual or entity, would submit a means of compliance to the FAA for 
remote identification on an annual basis for years 2 through 10 of the 
analysis period. The costs would include time to initially submit the 
means of compliance and recurring time to accommodate changes in 
broadcast technology and evolution in the UTM/network requirements. 
Total present value costs incurred by entities to develop and maintain 
a remote identification means of compliance is $1.6 million at a three 
percent discount rate and $1.3 million at seven percent discount rate 
over the ten-year period of analysis. \161\ The annualized costs are 
about $0.2 million at either a three percent or seven percent discount 
rate.
---------------------------------------------------------------------------

    \161\ See the Regulatory Impact Analysis for this proposed 
rulemaking for the derivation of these estimates.
---------------------------------------------------------------------------

v. Remote ID USS MOA
    The proposed rule would require persons operating UAS to transmit 
the message elements to a Remote ID USS over the internet. Remote ID 
USS will be FAA-qualified third party service providers. Each Remote ID 
USS would be required to establish a contractual relationship with the 
FAA through a MOA and to comply with a series of terms, conditions, 
limitations, and technical requirements, and outline how the Remote ID 
USS must interpret and provide data to external users, as well as store 
and protect such data. To implement remote identification, the FAA 
anticipates establishing a cooperative data exchange mechanism between 
the FAA and Remote ID USS.
    The FAA estimates ten entities would apply to the FAA to become a 
Remote ID USS during year 1 of the analysis period, and nine entities 
would be approved.\162\ Over the remaining years of the analysis 
period, the FAA estimates one additional entity per year would submit 
an application to become a Remote ID USS, and that entity would be 
approved by the FAA. Each of the entities would address technical 
requirements in the application to become a Remote ID USS that results 
in a 40-page document, which is then submitted to the FAA. Each of the 
documents would take 25 hours per page to prepare at full compensation 
wage of $92.72 per hour.\163\ Total costs to Remote ID USS applicants 
during years 1 through 10 of the analysis period is about $1.6 million 
at a three percent discount rate and $1.4 million at a seven percent 
discount rate. The annualized costs are about $0.19 million at either a 
three percent or seven percent discount rate.
---------------------------------------------------------------------------

    \162\ Based on the number of LAANC USS.
    \163\ The full compensation wage (salary and benefits) is based 
on a 2019 FAA ``Technical'' Pay Band.
---------------------------------------------------------------------------

vi. FAA-Recognized Identification Areas
    The FAA is proposing to allow UAS to operate without remote 
identification if they do so within visual line of sight within FAA-
recognized identification areas. By identifying a defined location 
where operations of UAS without remote identification would be 
occurring, the FAA-recognized identification area itself becomes the 
form of identification. The intent is to minimize the regulatory burden 
for operators of UAS without remote identification, 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 
FAA-recognized identification areas; it would simply limit UAS without 
remote identification from operating anywhere else.
    Certain flying sites established within the programming of a 
community based organization (CBO) recognized by the Administrator 
would be eligible to become FAA-recognized identification areas to 
enable operations of UAS without remote identification within those 
areas, if they meet certain criteria and application deadlines. CBOs 
can request that an existing flying site be established as an FAA-
recognized identification areas, where UAS may

[[Page 72500]]

operate without remote identification equipment. The application would 
have to be submitted within 12 calendar months from the effective date 
of a final rule. After that date, the number of FAA-recognized 
identification areas could therefore only remain the same or decrease. 
The FAA also expects that as compliance with remote identification 
requirements becomes cheaper and easier, the need to operate only at 
FAA-recognized identification areas would likely decrease. The 
establishment of an FAA-recognized identification area is approved by 
the FAA until 48 calendar months after the date on which the request 
for establishment was approved. A person wishing to renew the 
establishment of the FAA-recognized identification area would have to 
submit a request for renewal.
    The FAA estimates it would receive approximately 2,500 requests for 
a flying site to become an FAA-recognized identification area, and that 
as many as 10 percent could be disapproved due to the flying site being 
in a sensitive area.\164\ The FAA estimates that in year 1, each 
request would require two hours to complete at a total compensation 
wage of $58.12 per hour.\165\ The FAA anticipates that renewals would 
require less time to submit since the process is expected to be 
electronic, thus in years five and nine, the time estimated to complete 
a renewal is 30 minutes. Over the 10-year period of analysis, costs 
incurred by CBOs for submitting requests for FAA-recognized 
identification areas total $0.39 million at a three percent discount 
rate and $0.35 million at a seven percent discount rate. The annualized 
costs are about $0.05 million at either a three percent or seven 
percent discount rate.
---------------------------------------------------------------------------

    \164\ https://www.modelaircraft.org/about-ama.
    \165\ U.S. Bureau of Labor Statistics, Aerospace Engineering or 
Operations Technician Data.
---------------------------------------------------------------------------

    Individuals that are unable to use a flying site due to FAA 
disapproval of the application for establishment of an FAA-recognized 
identification area would have the option to fly UAS with remote 
identification or to drive to an alternate FAA-recognized 
identification area. For purposes of this preliminary analysis, the FAA 
assumes this affected group would choose to drive to the next closest 
FAA-recognized identification area near their home, which would 
increase their driving distance to an FAA-recognized identification 
area an additional 32 miles per round trip, on average.\166\ The FAA 
estimates that ten percent of the members belonging to a CBO would be 
travelling an additional 32 miles per outing, and that this group would 
travel 52 times per year to an FAA-recognized identification area for a 
total present value expense of $136 million at a three percent discount 
rate and $109 million at a seven percent discount rate over the ten-
year period of analysis.\167\ The annualized costs are about $16 
million at a three percent and seven percent discount rate. The FAA 
provides a sensitivity analysis of these costs based on a range of 
trips per year in the Regulatory Impact Analysis report available in 
the docket.
---------------------------------------------------------------------------

    \166\ Source: FAA analysis of travel distance to current flying 
sites based on zip codes of addresses on record for unmanned 
aircraft registrations for limited recreational operators show that 
over 94% of registered owners are within 16 miles (32 miles round 
trip) of a flying site that may be considered for application as an 
FAA-recognized identification area.
    \167\ Estimated using United States Department of Transportation 
guidance on the hourly value of travel time savings for personal 
purposes, the IRS mileage rate of 20 cents per mile, and the 
additional 32 miles are traveled at a rate of 50 miles per hour.
---------------------------------------------------------------------------

    The FAA requests comments on the costs and frequency of additional 
travel to FAA-recognized identification areas for recreational flyers 
affected by this provision.
vii. FAA
    The FAA will incur costs to support the implementation of the 
proposed remote identification rule. These costs include updating the 
website portal for the part 48 unmanned aircraft registry to aid 
recreational flyers to register each unmanned aircraft individually and 
to facilitate foreign operators of unmanned aircraft to provide 
notification of identification; establishing MOAs with entities seeking 
to become Remote ID USS; accepting or not accepting submissions of 
means of compliance; accepting or not accepting submissions of 
declarations of compliance; approving or denying requests from CBOs for 
FAA-recognized identification areas; developing a website for 
identifying FAA-accepted means of compliance and declarations of 
compliance; updating the aircraft registry website; and finally, 
establishing a network for the data exchange between Remote ID USS and 
the FAA. The present value costs of this proposed rule to FAA total 
$56.9 million at a three percent discount rate and $50.3 million at a 
seven percent discount rate. The annualized costs are approximately 
$7.0 million at either a three percent or seven percent discount rate.
    The FAA also receives cost savings from this proposed rule 
resulting from a reduction in hours expended on UAS investigations by 
aviation safety inspectors. This analysis includes quantified savings 
to the FAA only. A variety of other entities involved with airport 
operations, facility and infrastructure security, and law enforcement 
would also save time and resources involved with UAS identification and 
incident reporting, response and investigation. The FAA plans to update 
its estimates of savings for additional information and data identified 
during the comment period and development of the final rule. The 
present value cost savings to FAA total $2.4 million at a three percent 
discount rate and $1.8 million at a seven percent discount rate. The 
annualized costs savings are almost $0.3 million at either a three 
percent or seven percent discount rate.
    Additionally, part 107 allows individuals to request waivers from 
certain provisions, including those prohibiting operations over people 
and at night. This proposed rule, in concert with the proposed rule for 
operations over people would create a cost savings for the FAA 
resulting from a reduction of time expended by FAA personnel processing 
waivers for these activities.\168\
---------------------------------------------------------------------------

    \168\ See the appendix of the Remote Identification of Unmanned 
Aircraft Systems Preliminary Regulatory Impact Analysis for a 
quantification of these cost savings.
---------------------------------------------------------------------------

4. Total Costs and Cost Savings
    The total costs of the proposed remote identification rule include 
costs incurred by UAS owners, CBOs, UAS operators, UAS producers, 
developers of remote identification means of compliance, candidates to 
be Remote ID USS, and the FAA. In addition to the costs incurred by the 
various entities impacted by the proposed rule, the FAA has a cost 
savings from avoided aviation safety inspector costs due to a reduction 
in hours expended on UAS investigations.
    Over the 10-year period of analysis, using the primary estimate 
this proposed rule would result in present value costs of $584 million 
at a three percent discount rate and $475 million at a seven percent 
discount rate. These costs are partially offset by present value cost 
savings of $2.5 million and $1.8 million at a three percent and seven 
percent discount rate, respectively. As a result, the net present value 
costs are $582 million at a three percent discount rate with annualized 
net costs of $68 million. At a seven percent discount rate, the net 
present value costs are $474 million with annualized net costs of $67 
million.
    The following table presents a summary of the primary, low and high 
estimates of the net costs of the proposed rule.

[[Page 72501]]



   Table 8a--Preliminary Estimates of Net Costs of Proposed Rule ($Millions) * Base Scenario--Primary Estimate
----------------------------------------------------------------------------------------------------------------
                                                      10-year                         10-year
            Affected entity/category               present value  Annualized (at   present value  Annualized (at
                                                      (at 3%)           3%)           (at 7%)           7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................         $145.87          $17.10         $117.48          $16.73
Remote ID USS Subscription......................          241.72           28.34          191.74           27.30
UAS Producers (US and Foreign)..................          134.58           15.78          111.58           15.89
Developers of Remote ID Means of Compliance.....            2.85            0.33            2.36            0.34
Remote ID USS Memoranda of Agreement............            1.60           0.188            1.43          0.2038
Community Based Organizations...................            0.39            0.05            0.35            0.05
FAA Costs.......................................           56.96            6.68           50.33            7.17
                                                 ---------------------------------------------------------------
    Total Costs.................................          583.98           68.46          475.27           67.67
    Cost Savings................................          (2.45)          (0.29)          (1.82)          (0.26)
                                                 ---------------------------------------------------------------
        Net Costs...............................          581.52           68.17          473.46           67.41
----------------------------------------------------------------------------------------------------------------
* Table notes: Column totals may not sum due to rounding and parenthesis, ``( )'', around numbers to indicate
  savings.


            Table 8b--Preliminary Estimates of Net Costs of Proposed Rule ($Millions) * Low Scenario
----------------------------------------------------------------------------------------------------------------
                                                      10-year                         10-year
            Affected entity/category               present value  Annualized (at   present value  Annualized (at
                                                      (at 3%)           3%)           (at 7%)           7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................         $140.99          $16.53         $113.64          $16.18
Remote ID USS Subscription......................          206.58           24.22          164.24           23.38
UAS Producers (US and Foreign)..................          116.53           13.66           97.25           13.85
Developers of Remote ID Means of Compliance.....            2.85            0.33            2.36            0.34
Remote ID USS Memoranda of Agreement............            1.60           0.188            1.43          0.2038
Community Based Organizations...................            0.39            0.05            0.35            0.05
FAA Costs.......................................           56.96            6.68           50.33            7.17
                                                 ---------------------------------------------------------------
    Total Costs.................................          525.91           61.65          429.61           61.17
    Cost Savings................................          (2.45)          (0.29)          (1.82)          (0.26)
                                                 ---------------------------------------------------------------
        Net Costs...............................          523.46           61.36          427.80           60.91
----------------------------------------------------------------------------------------------------------------
* Table notes: (i) Column totals may not sum due to rounding and parenthesis, ``( )'', around numbers to
  indicate savings. (ii) The low and high forecast scenarios are not symmetric around the base--please see the
  forecast report for more information. The FAA Aerospace Forecast Fiscal Years 2019-2039, available at https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2019-39_FAA_Aerospace_Forecast.pdf. The
  forecast provides a base (i.e., likely) with high (or optimistic) and low (or pessimistic) scenarios.


            Table 8c--Preliminary Estimates of Net Costs of Proposed Rule ($Millions) * High Scenario
----------------------------------------------------------------------------------------------------------------
                                                      10-year                         10-year
            Affected entity/category               present value  Annualized (at   present value  Annualized (at
                                                      (at 3%)           3%)           (at 7%)           7%)
----------------------------------------------------------------------------------------------------------------
UAS Owners/Operators............................         $159.32          $18.68         $127.87          $18.21
Remote ID USS Subscription......................          336.14           39.41          264.22           37.62
UAS Producers (US and Foreign)..................          181.51           21.28          148.26           21.11
Developers of Remote ID Means of Compliance.....            2.85            0.33            2.36            0.34
Remote ID USS Memoranda of Agreement............            1.60           0.188            1.43          0.2038
Community Based Organizations...................            0.39            0.05            0.35            0.05
FAA Costs.......................................           56.96            6.68           50.33            7.17
                                                 ---------------------------------------------------------------
    Total Costs.................................          738.78           86.61          594.81           84.69
    Cost Savings................................          (2.45)          (0.29)          (1.82)          (0.26)
                                                 ---------------------------------------------------------------
        Net Costs...............................          736.33           86.32          593.00           84.43
----------------------------------------------------------------------------------------------------------------
* Table notes: column totals may not sum due to rounding and parenthesis, ``()'', around numbers to indicate
  savings.

    The following table presents an itemized list of preliminary 
estimates of costs and cost savings from this proposed rule.

[[Page 72502]]



          Table 9--Remote Identification Costs and Cost Savings
                               [$Millions]
------------------------------------------------------------------------
             Affected entity                   3% PV           7% PV
------------------------------------------------------------------------
UAS Owners/Operators:
    Registration--Recreational Flyers...          $1.070          $0.887
    Travel Expense*--Recreational Flyers         135.911         108.960
    Registration--Part 107..............           0.025           0.021
    Loss of UAS Use--Recreational Flyers           4.625           3.972
    Loss of UAS Use--Pt 107 Operators...           4.238           3.639
Community Based Organizations:
    Letters of Agreement Submission.....           0.389           0.354
USS Subscription Fee:
    Part 107............................          93.752          73.787
    Limited Recreational Flyers.........         147.969         117.954
UAS Producers:
    Equipage Cost.......................         105.325          84.891
    Declaration of Compliance...........          27.178          24.795
    Industry Consensus Standard--Remote            0.160           0.146
     ID.................................
    Industry Consensus Standard--Serial            0.000           0.000
     #..................................
    Labeling Requirement................           1.917           1.749
Developers of Remote Identification MoC:
    Industry Consensus Standard.........           1.230           1.083
    Developers of Remote ID MoC (Others)           1.620           1.276
Remote Identification USS:
    Cost to submit MoA with FAA.........           1.601           1.431
FAA Costs:
    Onboard USS Service Suppliers.......           2.179           1.913
    Accept/Not Accept MoC...............           0.144           0.115
    Accept/Not Accept Mfr DoC *.........           0.000           0.000
    Web Portal Update--Registration/               0.728           0.701
     Notification of Identification.....
    Approve/Disapprove Flying Field as             4.669           3.966
     an FAA-Recognized Identification
     Areas..............................
    Website for Means of Compliance/               2.294           2.000
     Declarations of Compliance.........
    Remote Identification USS Data                46.950          41.631
     Exchange...........................
                                         -------------------------------
        Total Costs.....................         583.975         475.271
Cost Savings: Reduced Hours FAA UAS              (2.453)         (1.815)
 Investigations.........................
                                         -------------------------------
    Total Cost Savings..................         (2.453)         (1.815)
                                         -------------------------------
    Net Costs...........................         581.522         473.456
                                         -------------------------------
    Annualized Net Costs................          68.172          67.409
------------------------------------------------------------------------
* Automated approval through FAA drone zone portal.
Note: Column totals may not sum due to rounding.

    The estimated costs are presented on an annual basis in the table 
below.

                                           Table 10--Remote Identification Costs and Cost Savings--Years 1-10
                                                                       [$Millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Costs by affected entity       Year 1     Year 2     Year 3     Year 4     Year 5     Year 6     Year 7     Year 8     Year 9    Year 10     Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Costs:
    UAS Owners (3% PV).........     $0.167    $15.818    $15.714    $24.420    $15.394    $15.247    $15.070    $14.867    $14.688    $14.483    $145.87
    UAS Owners (7% PV).........      0.161     14.656     14.018     20.968     12.724     12.130     11.541     10.961     10.424      9.894     117.48
    Community Based Org. (3%         0.282  .........  .........  .........      0.056  .........  .........  .........      0.050  .........       0.39
     PV).......................
    Community Based Org. (7%         0.272  .........  .........  .........      0.047  .........  .........  .........      0.036  .........       0.35
     PV).......................
    USS Subscription Fee (3%     .........     13.058     29.430     29.681     29.384     28.962     28.491     28.031     27.572     27.112     241.72
     PV).......................
    USS Subscription Fee (7%     .........     12.099     26.252     25.485     24.288     23.042     21.819     20.667     19.568     18.520     191.74
     PV).......................
    UAS Manufacturer (3% PV)...      0.000     39.446     16.244      8.366     12.709     14.362      9.066     11.955     13.038      9.396     134.58
    UAS Manufacturer (7% PV)...      0.000     36.550     14.489      7.182     10.505     11.426      6.943      8.814      9.253      6.418     111.58
    Developers of Remote ID MoC      0.589      0.215      0.226      0.236      0.245      0.253      0.261      0.268      0.275      0.280       2.85
     (3% PV)...................
    Developers of Remote ID MoC      0.567      0.200      0.202      0.203      0.203      0.202      0.200      0.198      0.195      0.192       2.36
     (7% PV)...................
    Remote ID USS (3% PV)......      0.900      0.087      0.085      0.082      0.080      0.078      0.075      0.073      0.071      0.069       1.60
    Remote ID USS (7% PV)......      0.867      0.081      0.076      0.071      0.066      0.062      0.058      0.054      0.050      0.047       1.43

[[Page 72503]]

 
    FAA (3% PV)................     28.694      3.298      3.202      3.109      3.990      2.930      2.845      2.762      3.545      2.590      56.96
    FAA (7% PV)................     27.619      3.055      2.856      2.669      3.297      2.331      2.178      2.036      2.515      1.769      50.33
                                ------------------------------------------------------------------------------------------------------------------------
        Total Costs--3% PV.....     30.632     71.922     64.901     65.894     61.858     61.832     55.809     57.957     59.239     53.930     583.98
        Total Costs--7% PV.....     29.485     66.641     57.892     56.578     51.130     49.193     42.740     42.730     42.041     36.840     475.27
                                ------------------------------------------------------------------------------------------------------------------------
        Costs Savings--3% PV...  .........  .........  .........  .........  .........    (0.520)    (0.505)    (0.490)    (0.476)    (0.462)    (2.453)
        Costs Savings--7% PV...  .........  .........  .........  .........  .........    (0.414)    (0.387)    (0.361)    (0.338)    (0.316)    (1.815)
                                ------------------------------------------------------------------------------------------------------------------------
        Net Costs--3% PV.......     30.632     71.922     64.901     65.894     61.858     61.312     55.304     57.467     58.763     53.468     581.52
        Net Costs--7% PV.......     29.485     66.641     57.892     56.578     51.130     48.779     42.354     42.368     41.703     36.524     473.46
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table notes: PV = Present Value and ``( )'' = denotes savings.

    The key cost driver of the proposed rule is the USS subscription 
fee, followed by travel expenses for a select group of recreational 
flyers, and the cost of compliance for UAS producers. The present value 
cost of USS subscription fees is $241.7 million at a three percent 
discount rate and $191.7 million at a seven percent discount rate. The 
annualized cost of USS subscription fees is $28.3 million at a three 
percent and $27.3 million at a seven percent discount rate. This impact 
represents over 41.4 percent of the total costs of the proposed rule. 
The travel expense for a select group of recreational users represents 
23.3 percent of the proposed rule's total costs, and costs to UAS 
producers are 23.0 percent of the total costs.
    The FAA believes this cost impact is justified in order to reduce 
the delay (by two years) in implementing for law enforcement, security 
partners, the FAA, and airports to use remote ID information. The FAA 
alternatively considered allowing three years beyond the producer 
compliance date for owners and operators to comply with the remote 
identification requirements of this proposed rule in the ``Alternatives 
Considered'' section. This period of time coincides with the three-year 
lifespan of a small UAS and would have prevented grounding or 
replacement of UAS prior to the end of useful life. However, the FAA 
determined that the three-year compliance period was less preferable, 
because it prolonged safety and security risks to air traffic and 
airports by delaying the ability of law enforcement personnel to 
identify unauthorized UAS operations. To reduce the delay in 
implementing remote identification, the operational compliance period 
was reduced from three years to one year.\169\
---------------------------------------------------------------------------

    \169\ As previously discussed, the proposal does not preclude 
early compliance for producers or operators to realize earlier 
expanded operations and commercial opportunities. The FAA provides a 
sensitivity analysis of costs for earlier developer and producer 
compliance by the effective date of the final rule (60 days after 
publication). This analysis shows that if Remote ID USS and UAS with 
remote identification are available by the effective date of the 
final rule (as proposed), then total net costs reduce by about 60-
70% and operations over people and at night would be enabled 
beginning in the first year after publication.
---------------------------------------------------------------------------

    A potential offsetting benefit of the one-year operational 
compliance period is that a portion of part 107 operators may be able 
to immediately perform operations over people and operations at night 
without a waiver once their UAS has remote identification. As many as 
68.4 million operations over people and at night could be enabled by 
the proposed shortening the of the operational compliance period. 
Assuming that the flight time for each of these 68.4 million operations 
lasts 30 minutes and the wage for a remote pilot is $12.09 per 
operation, the economic benefit in terms of pilot wages alone is about 
$827 million undiscounted (not present value).\170\
---------------------------------------------------------------------------

    \170\ https://www.payscale.com/research/US/Job=Drone_Pilot/Hourly_Rate.
---------------------------------------------------------------------------

5. Alternatives Considered
    The FAA considered both more and less costly alternatives as part 
of the proposed rule. The alternatives and the FAA's reasons for 
rejecting those alternatives are discussed below.
i. Alternative Compliance Periods--Producers
    The chosen compliance period to estimate producer costs is two 
years beyond the effective date of the final rule. The FAA considered a 
producer compliance period of one year, especially considering 
potential retrofits, however this alternative was determined to be 
impractical since no FAA-accepted means of compliance currently 
available for producers to build to. Until an FAA-accepted means of 
compliance exists, producers would not be able to submit a declaration 
of compliance. Accordingly, the FAA believes it is practical for an 
industry consensus standard to be developed that could be submitted for 
acceptance as a means of compliance by the end of year 1 after the 
effective date of the final rule, with an additional year for producers 
to design, build, and test UAS that meet the standard.
    The two-year compliance period for producers is consistent with 
information on timelines for available technology from the UAS-ID ARC 
Report and expected availability of USS. The ARC found technologies 
similar to planned Remote ID USS transmissions have a ``readiness for 
implementation'' of one year or less. This means products would be 
available for original equipment manufacturers within one year of the 
requirements being known. This one-year period would start after the 
availability of FAA-accepted means of compliance and Remote ID USS--the 
FAA expects means of compliance and Remote ID USS availability to take 
up to one year after the effective date of the final rule.
    At this time, the two-year producer compliance period appears 
reasonable and has a technical basis. The FAA has not identified or 
analyzed an alternative. The current proposal does not preclude earlier 
producer compliance (in light of a potential economic incentive to 
comply earlier). Likewise, this proposal would not preclude producer 
compliance through retrofits within the two-year producer compliance 
period or earlier, as long as retrofits use an FAA-accepted means of 
compliance.
ii. Alternative Operational Compliance Period
    The FAA considered allowing three years beyond the producer 
compliance date for owners and operators to comply with the remote 
identification requirements of this proposed rule. This

[[Page 72504]]

period of time coincides with the three-year lifespan of a small UAS 
and would have prevented grounding or replacement of UAS prior to end 
of useful life. However, the FAA determined that the three-year 
compliance period was less preferable since it prolonged safety and 
security risks to air traffic and airports by delaying the ability of 
law enforcement personnel to identify unauthorized UAS operations. In 
addition, as previously discussed, some producers would be able to 
retrofit UAS in the existing fleet and comply early. To reduce the 
delay in implementing remote identification, the owner/operator 
compliance period was reduced from three years to one year.
    The FAA analyzed the costs of allowing up to three years for 
owners/operators to be in compliance and found this alternative 
minimizes costs to owners/operators of existing UAS that could not be 
retrofit, since on average the affected existing fleet of UAS could be 
replaced at the end of useful life (three years). In addition, this 
alternative is more likely to reduce uncertainty of adverse impacts to 
producers with inventories of UAS produced before the compliance date 
that would likely not meet the remote identification provisions of this 
proposal, including with retrofits. Given the average three-year UAS 
lifespan, the three-year operational compliance period would likely 
assist producers in depleting existing non-compliant inventories with 
reduced impact compared to the proposed one-year compliance period.
    Under this alternative, present value costs at a three percent 
discount rate total $494.2 million with annualized costs of $57.9 
million. The present value costs at a seven percent discount rate total 
$394.4 million with annualized costs of $56.2 million. Present value 
cost savings at a three percent discount rate total $2.45 million with 
annualized cost savings of $0.29 million. At a seven percent discount 
rate, present value costs savings total $1.82 million with annualized 
cost savings of $0.26 million. As a result, present value net costs at 
a three percent discount rate are $491.7 million with annualized net 
costs of $57.7 million. At a seven percent discount rate, present value 
net costs are $392.6 million with annualized net cost of $55.9 million. 
The cost associated with this alternative are slightly less than the 
proposal that assumes producers would be capable of retrofits within 
one year of the effective date of the final rule.
iii. Requiring ADS-B Out
    The FAA could have proposed transponders or ADS-B Out for UAS as a 
means to remotely identify those aircraft. The FAA does not propose the 
use of transponders or ADS-B Out for remote identification for three 
primary reasons. First, the use of these technologies would require 
significant additional infrastructure, including radars and receivers, 
to cover the lower altitudes where unmanned aircraft are expected to 
primarily operate. Second, the FAA expects that, due to the volume of 
unmanned aircraft operations projected, the additional radio frequency 
signals would saturate the available spectrum and degrade the overall 
cooperative surveillance system. Finally, transponders and ADS-B Out do 
not provide any information about the location of control stations, as 
these systems were designed for manned aircraft. For these reasons, the 
FAA has determined that existing cooperative surveillance systems are 
incapable of supporting UAS remote identification and is proposing a 
new cooperative surveillance technology specifically for UAS.
iv. FAA Provided Remote Identification Services
    The proposed rule assumes that Remote ID USS would come forward to 
offer remote identification services to indiviRequireduals operating 
UAS in the airspace of the United States. The alternative would be for 
the FAA to provide these services directly to operators of UAS instead 
of providing them through a third-party provider. The FAA chose the 
Remote ID alternative for several reasons. First, the LAANC service 
model has been effective due to the success of public and private 
sector partnerships in implementing LAANC and clear Congressional 
approval of the model. Second, similar to LAANC USS, the FAA will not 
provide payment for the development or operation of Remote ID USS 
products or services. The FAA anticipates that the Remote ID USS would 
recoup the costs of providing services either through the sale of 
subscriptions for remote identification services, online advertising, 
or ``value added'' services that can be purchased from the service 
provider.
v. Not Allowing FAA-Recognized Identification Areas
    The FAA considered not allowing FAA-recognized identification 
areas. If the proposed rule did not allow for these areas, operators of 
UAS with no remote identification equipment would not be allowed to 
operate unless the UAS were redesigned to have remote identification. 
By identifying a defined location where operations of UAS without 
remote identification would be occurring, the FAA-recognized 
identification area itself becomes the form of identification. The 
intent for allowing FAA-recognized identification areas is to minimize 
the regulatory burden for operators of existing UAS used exclusively 
for limited recreational operations that do not have remote 
identification equipment, while still meeting the intent of the rule.
Assumptions
     Individuals want to operate UAS without remote 
identification within FAA-recognized identification areas.
     Each individual owns two aircraft which are used for 
limited recreational operations.
     These unmanned aircraft have a lifespan that extends 
beyond the 10-year analysis period of the proposed rulemaking.
    Should the FAA not allow FAA-recognized identification areas for 
the operation of UAS without remote identification, it is estimated 
that as many as 400,000 UAS that are used for recreational flying would 
be grounded at the end of year 3.
vi. Requiring All UAS To Be Standard Remote Identification UAS (Except 
for UAS Without Remote Identification Operated at FAA-Recognized 
Identification Areas)
    The preferred alternative allows operators of limited remote 
identification UAS to operate at places other than FAA-recognized 
identification areas. The FAA considered requiring all UAS to be 
standard remote identification UAS. Under this alternative, owners 
desiring to operate any UAS that is not a standard remote 
identification UAS would be required to travel to an FAA-recognized 
identification area. The FAA analyzed the shortest distance between zip 
codes for each online hobbyist registration and the zip code closest to 
one of over 2,000 AMA flying fields.\171\ The zip code analysis 
indicates a person operating UAS that are not standard remote 
identification UAS would be required to travel an average of 16 miles 
one-way to the nearest FAA-recognized identification area.
---------------------------------------------------------------------------

    \171\ As of April 26, 2019, there are 1,013,893 individuals 
registered as hobbyists.
---------------------------------------------------------------------------

Assumptions
     Operators of UAS that are not standard remote 
identification UAS are

[[Page 72505]]

willing to travel to an FAA-recognized identification area.
     The average distance between an FAA-recognized 
identification area and the homes for operators of UAS used for limited 
recreational operations is 32 miles round trip.
    On average, operators of UAS that are not standard remote 
identification UAS would travel to an FAA-recognized identification 
area 52 times per year.
     The share of the UAS fleet operated by recreational flyers 
that is not a standard remote identification UAS is assumed to be 82 
percent.
    Based on these assumptions, the present value travel costs and 
opportunity cost of time accrued to recreational flyers is $2,276 
million at a seven percent discount rate. These costs accrue during 
years 4-10 of the analysis period. Additionally, under this 
alternative, affected recreational flyers would no longer be required 
to subscribe to a Remote ID USS since they would only be flying at an 
FAA-recognized identification area. Thus this affected group would 
avert subscription costs. Averted present value subscription costs in 
this alternative total $72.7 million at a seven percent discount rate.
    As discussed above, the costs of this alternative are calculated 
based on individuals traveling an average of 52 times per year to an 
FAA-recognized identification area. Given that there is uncertainty 
regarding the average number of trips that this affected group would 
take on an annual basis, the FAA conducted a sensitivity analysis by 
varying the input for travel frequency. Using 26 trips per year, the 
total cost becomes $1,138 million, and using 90 trips per year the cost 
is $3,939.5 million.\172\
---------------------------------------------------------------------------

    \172\ These trip frequencies assume that an individual travels, 
on average, every other weekend (26 trips/year), every weekend (52 
trips/year), or once every four days (90 trips/year) to an FAA-
Recognized Identification Area. This is used as a sensitivity 
analysis of the number of times an individual would travel to an 
FAA-recognized identification area in the period of one year. The 
lower bound of the sensitivity analysis is based on the average 
number of rounds a golfer plays in a year (Source: https://www.ngf.org/golf-industry-research/#golfers). The upper bound of the 
sensitivity analysis is based on the number of times in a year a 
person engages in a running/jogging/trail running activity (Source: 
https://outdoorindustry.org/resource/2018-outdoor-participation-report/. Page 23).
---------------------------------------------------------------------------

vii. Grandfathering of Legacy UAS
    The FAA considered allowing UAS that would not be able to retrofit 
to continue operating in the airspace of the United States using 
software-based flight notification with telemetry.\173\ This would be 
accomplished through software based mission planning services. The UAS 
operator would self-declare information pertaining to area their drone 
would be flying in, including altitude, duration and type of aircraft. 
This information would be shared prior to flight to enable authorities 
to clearly identify compliant operations. Software apps are currently 
available on the marketplace that would support this alternative.
---------------------------------------------------------------------------

    \173\ This option was discussed in the UAS Identification and 
Tracking (UAS ID) Aviation Rulemaking Committee (ARC)--ARC 
Recommendations Final Report, September 30, 2017.
---------------------------------------------------------------------------

    The FAA did not pursue this option because it would not meet the 
mission needs of the proposed rule for security, performance, and 
information quality. While this alternative would allow for the rapid 
adoption of Remote ID and Tracking for nearly all classes of UAS, it 
relies on the individual operator to proactively report their location 
to a USS. Conversely, the proposed rule requires remote identification 
UAS to automatically connect to a USS. If the UAS cannot connect to the 
USS, the unmanned aircraft will not take off.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' The RFA covers a wide range of small entities, 
including small businesses, not-for-profit organizations, and small 
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    The FAA believes this proposed rule would have a significant 
economic impact on a substantial number of small entities. Therefore, 
under Section 603(b) of the RFA, the initial analysis must address:
     Description of reasons the agency is considering the 
action.
     Statement of the legal basis and objectives for the 
proposed rule.
     Description of the record-keeping and other compliance 
requirements of the proposed rule.
     All Federal rules that may duplicate, overlap, or conflict 
with the proposed rule.
     Description and estimated number of small entities to 
which the proposed rule will apply.
     Description of Significant Regulatory Alternatives for 
Small Entities.
1. Description of Reasons the Agency Is Considering the Action
    The remote identification of UAS is necessary to ensure public 
safety and the safety and efficiency of the airspace of the United 
States. The remote identification framework would provide UAS-specific 
data, which could be used in tandem with new technologies and 
infrastructure to facilitate more advanced operational capabilities 
(such as detect-and-avoid and aircraft-to-aircraft communications that 
support beyond visual line of sight operations) and to develop the 
necessary elements for UTM. Furthermore, remote identification of UAS 
would provide airspace awareness to the FAA, national security 
agencies, and law enforcement entities, which could be used to 
distinguish compliant airspace users from those potentially posing a 
safety or security risk.
    Current rules for registration and marking of unmanned aircraft 
facilitate the identification of the owners of unmanned aircraft, but 
normally only upon physical examination of the aircraft. Existing 
electronic surveillance technologies, like transponders and ADS-B, were 
considered as potential solutions for the remote identification of UAS 
but were determined to be unsuitable due to the lack of infrastructure 
for these technologies at lower altitudes and potential saturation of 
available radio frequency spectrum. Currently, the lack of real-time 
and historical data regarding UAS operations affects the ability of the 
FAA to oversee the safety and security of the airspace of the United 
States, creates challenges for national security agencies and law 
enforcement entities in identifying threats, and impedes the further 
integration of UAS into the airspace of the United States. The FAA 
proposes to address the identification issues associated with UAS by 
requiring the use of systems and technology to enable the remote 
identification of UAS.
    The proposed requirement is consistent with the FAA's safety 
mission of overseeing and promoting safety in air commerce and national 
security and promoting the safe and

[[Page 72506]]

efficient use of the navigable airspace and would serve the public 
interest by creating situational awareness of all UAS flying in the 
airspace of the United States. It would also strengthen the FAA's 
oversight of UAS operations and support efforts of law enforcement to 
address and mitigate disruptive behavior and hazards, which may 
threaten the safety and security of the airspace of the United States, 
other UAS, manned aviation, and persons and property on the ground. The 
near real-time access to remote identification information would also 
assist Federal security partners in threat discrimination--allowing 
them to identify an operator and make an informed decision regarding 
the need to take actions to mitigate a perceived security or safety 
risk. The proposed rule would enhance the FAA's ability to monitor 
compliance with applicable regulations; would contribute to the FAA's 
ability to undertake compliance, enforcement, and educational actions 
required to mitigate safety risks; and would advance the safe 
integration of UAS into the airspace of the United States.
2. Statement of the Legal Basis and Objectives for the Proposed Rule
    Statement of the legal basis. The FAA promulgates this rulemaking 
pursuant to various authorities. First, under 49 U.S.C. 40103(b)(1) and 
(2), the FAA is directed to issue regulations: (1) To ensure the safety 
of aircraft and the efficient use of airspace; and (2) to govern the 
flight of aircraft for purposes of navigating, protecting and 
identifying aircraft, and protecting individuals and property on the 
ground.
    Second, under 49 U.S.C. 44701(a)(5), the FAA must promote safe 
flight of civil aircraft by prescribing regulations the FAA finds 
necessary for safety in air commerce and national security.
    Third, under section 2202 of Public Law 114-190, the Administrator 
must convene industry stakeholders to facilitate the development of 
consensus standards for remotely identifying operators and owners of 
UAS and associated unmanned aircraft and to issue regulations or 
guidance based on any standards developed.
    Fourth, under 49 U.S.C. 44805, the Administrator must establish a 
process for, among other things, accepting risk-based consensus safety 
standards related to the design and production of small UAS.
    Fifth, under 49 U.S.C. 44805(b)(7), the Administrator must take 
into account any consensus identification standard regarding remote 
identification of unmanned aircraft developed pursuant to section 2202 
of Public Law 114-190.
    Sixth, under 49 U.S.C. 44809(f), the Administrator is not 
prohibited from promulgating rules generally applicable to unmanned 
aircraft, including those unmanned aircraft eligible for the exception 
for limited recreational operations of unmanned aircraft. Among other 
things, this authority extends to rules relating to the registration 
and marking of unmanned aircraft and the standards for remotely 
identifying owners and operators of UAS and associated unmanned 
aircraft.
    Seventh, the FAA has authority to regulate registration of aircraft 
under 49 U.S.C. 44101-44106 and 44110-44113 which require aircraft to 
be registered as a condition of operation and establish the 
requirements for registration and registration processes.
    Lastly, this rulemaking is promulgated under the authority 
described in 49 U.S.C. 106(f), which establishes the authority of the 
Administrator to promulgate regulations and rules, and 49 U.S.C. 
40101(d), which authorizes the FAA to consider in the public interest, 
among other things, the enhancement of safety and security as the 
highest priorities in air commerce, the regulation of civil and 
military operations in the interest of safety and efficiency, and 
assistance to law enforcement agencies in the enforcement of laws 
related to regulation of controlled substances, to the extent 
consistent with aviation safety.
    Objectives for the proposed rule. The FAA is integrating UAS 
operations into the airspace of the United States through a phased, 
incremental, and risk-based approach.\174\
---------------------------------------------------------------------------

    \174\ Consult https://www.faa.gov/uas for additional information 
regarding UAS operations.
---------------------------------------------------------------------------

    On June 28, 2016, the FAA achieved a major step towards UAS 
integration when it issued the final rule for Operation and 
Certification of Small Unmanned Aircraft Systems.\175\ This was one of 
multiple UAS-related regulatory actions taken by the FAA to enable the 
safe integration of UAS into the airspace of the United States. As 
technology progresses and the utility of UAS increases, the FAA 
anticipates a need for further rulemaking to continue to foster the 
safe, secure, and efficient use of the airspace of the United States. 
The FAA believes that the next step in the regulatory process involves 
the enactment of regulatory requirements to enable the remote 
identification of UAS operating in the airspace of the United States.
---------------------------------------------------------------------------

    \175\ 81 FR 42064.
---------------------------------------------------------------------------

    This action would implement requirements for the remote 
identification of UAS. The remote identification of UAS in the airspace 
of the United States would address safety, security, and law 
enforcement concerns regarding the further integration of these 
aircraft into the airspace while also enabling greater operational 
capabilities.
3. Description of the Record-Keeping and Other Compliance Requirements 
of the Proposed Rule
    UAS owners, UAS operators (including pilots, remote pilots, and 
persons manipulating the flight controls of UAS), UAS manufacturers 
(i.e., persons responsible for the production of UAS), developers of 
remote identification means of compliance, and Remote ID USS would have 
important roles in the remote identification of UAS. Please see section 
I.C of this preamble for additional detail describing the roles and 
responsibilities of each group within the scope of the proposed rule.
    This proposed rule imposes recordkeeping requirements. First, all 
entities intending to use the small unmanned aircraft for limited 
recreational operations would be required to include the manufacturer, 
model, and serial number of each small unmanned aircraft in the 
registration of that aircraft. Requiring the manufacturer, model, and 
serial number would obligate registrants to add this additional 
information to the registration for all their aircraft used for limited 
recreational operations.
    Next, the FAA is proposing that persons who develop standards that 
the FAA may accept as a means of compliance submit those standards for 
review and acceptance by the FAA. A person who submits a means of 
compliance is proposed to be required to retain the data for as long as 
the means of compliance is accepted plus an additional 24 calendar 
months.
    The FAA is proposing that persons who produce UAS with remote 
identification must meet the minimum performance requirements of the 
proposed rule using an FAA-accepted means of compliance. To demonstrate 
the UAS has been produced to meet the minimum performance requirements 
using an FAA-accepted means of compliance, persons responsible for the 
production of UAS would be required to submit to the FAA a declaration 
of compliance. A person who submits a declaration of compliance would 
be required to retain the data submitted for 24 calendar months after 
the cessation

[[Page 72507]]

of production of the UAS with remote identification.
    The proposed rule would require a producer to label the UAS to show 
that it was produced with remote identification technology capable of 
meeting the proposed rule. The proposed labeling requirement would 
inform the operator that the UAS is eligible to conduct operations 
within the airspace of the United States.
    The FAA proposes standard remote identification UAS and limited 
remote identification UAS be designed and produced to connect to the 
internet and transmit remote identification message elements to Remote 
ID USS. The collection of this information in the form of message 
elements is necessary to comply with the statutory requirement to 
develop standards for remotely identifying operators and owners of UAS 
and associated unmanned aircraft. The information transmitted between 
the UAS and the Remote ID USS is collected electronically without input 
from the human operator, thus there is no burden on the person 
manipulating the flight controls of the unmanned aircraft to manually 
submit information to the Remote ID USS. There would be an exchange of 
information between the Remote ID USS and the FAA when identification 
of the UAS is required. At this time, it is unknown how often exchanges 
between the FAA and Remote ID USS will occur.
    To support the transmission of these message elements, the FAA 
envisions that a Remote ID USS (an FAA-qualified third party service 
provider) demonstrate four primary capabilities: (1) The ability to 
share the remote identification message elements in near real-time with 
the FAA upon request; (2) the ability to maintain remote identification 
information; (3) the ability to meet contractually-established 
technical parameters; and (4) the ability to inform the FAA when their 
services are active and inactive. Each Remote ID USS would be required 
to establish a contractual relationship with the FAA through a 
Memorandum of Agreement (MOA), and to comply with a series of terms, 
conditions, limitations, and technical requirements, and to outline how 
the Remote ID USS must interpret and provide data to external users, as 
well as store and protect such data.
    The FAA is proposing that representatives of CBOs submitting 
applications for flying sites to become FAA-recognized identification 
areas may apply for such designation in a form and manner acceptable to 
the FAA. The application would collect certain information regarding 
the location and requirements of the flying site, and require the CBO 
representative to confirm certain information regarding the site.
4. All Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule
    The FAA is unaware that the proposed rule will overlap, duplicate 
or conflict with existing Federal rules.
5. Description and an Estimated Number of Small Entities to Which the 
Proposed Rule Will Apply
    This proposed rule would apply to four communities of small 
entities: Producers of UAS, entities that either own or operate UAS, 
community based organizations, and Remote ID USS.
    The first affected group of small entities discussed will be 
producers. For purposes of this rulemaking, the FAA estimates that 
there are approximately 154 U.S. entities that produce small UAS as of 
January 2019.\176\ Out of these 154 U.S. entities, data on entity size, 
as defined by number of employees, was available for only 117. Out of 
the 117 entities for which data was available, 87 of the entities are 
categorized as small, 12 of the entities are categorized as medium, and 
18 are categorized as large.\177\ Data for the remaining 37 entities 
was not available and thus the entity size could not be determined, 
however a majority are believed to be small. NAICS code 336411 is 
titled ``Miscellaneous Aircraft Manufacturing.'' The manufacture of 
unmanned and robotic aircraft are included in this code. The SBA 
defines industries within this code to be small if they employ 1,500 
employees or less.
---------------------------------------------------------------------------

    \176\ AUVSI Air Platform Database. Accessed January 2019.
    \177\ This is based on AUVSI criteria for number of employees. 
The AUVSI criteria for a manufacturer of unmanned aircraft to be 
identified as a small entity is 49 employees or fewer. The criteria 
to be identified as a medium entity is 50-499 employees. Large 
entities are determined to have 500 or more employees.
---------------------------------------------------------------------------

    The next group of entities affected by the proposed rule are owners 
and operators of UAS that conduct operations under part 107 or part 91. 
Based on analysis conducted by the Association for Unmanned Vehicle 
Systems International (AUVSI), over 85 percent of part 107 waivers 
granted have been to small businesses.\178\ Using this finding based on 
part 107 waiver data as a proxy for the size of all entities operating 
UAS under part 107, the FAA assumes that approximately 85 percent of 
the entities operating under part 107 are small. The FAA requests 
information on this assumption and the number of small entities 
affected by the proposal.
---------------------------------------------------------------------------

    \178\ (AUVSI) Association of Unmanned Vehicle Systems 
International. As of July 31, 2017, 1,074 waivers had been issued of 
which 85 percent were granted to small entities (entities with less 
than 10 employees).
---------------------------------------------------------------------------

    Model aircraft organizations \179\ currently operating flying sites 
are affected by this rulemaking. These organizations would be required 
to submit a request to the FAA to have an established flying site 
approved as an FAA-recognized identification area. Based on membership 
of AMA (Academy of Model Aeronautics), it is estimated that each flying 
club has, on average, 78 members.\180\ SBA standards for NAICS code 
713990 ``All Other Amusement and Recreation Activities'' is $7.5 
million in annual receipts, or less, to be considered a small entity. 
Financial records for these individual community based organizations 
are not public information, but it is believed that none have receipts 
totaling $7.5 million, and thus each is considered a small entity.
---------------------------------------------------------------------------

    \179\ Academy of Model Aeronautics (AMA), https://www.modelaircraft.org/aboutama/whatisama.aspx; more than 2,500 AMA 
fields.
    \180\ Ibid. Based on 2018 AMA membership of 195,000 and 
approximately 2,500 AMA fields, the average membership per field is 
estimated to be 78 individuals.
---------------------------------------------------------------------------

    The last group of entities affected by the proposed rule are Remote 
ID USS. Because Remote ID USS do not yet exist, the FAA is unable to 
classify the entities as either small or large.
    The FAA determines that a majority of entities impacted by this 
proposed rule are small. Therefore, the FAA determines this proposed 
rule would have a significant economic impact on a substantial number 
of small entities.
6. Description of Significant Regulatory Alternatives Considered for 
Small Entities
    The FAA considered both more and less costly alternatives as part 
of the proposed rule because the RFA requires the agency to consider 
significant regulatory alternatives that meet the agency's statutory 
objectives and minimize the costs to small entities. The alternatives 
and the FAA's reasons for rejecting those alternatives are discussed 
below.
i. Alternative Compliance Periods--Producers
    The chosen compliance period to estimate producer costs is two 
years beyond the effective date of the final rule. The FAA considered a 
producer compliance period of one year; however, this alternative was 
determined to be impractical. One

[[Page 72508]]

reason that the alternative was not chosen is that there is no FAA-
accepted means of compliance currently available for producers to build 
to. Until an FAA-accepted means of compliance exists, producers would 
not be able to submit a declaration of compliance. Accordingly, the FAA 
believes it is practical for an industry consensus standard to be 
developed that could be submitted for acceptance as a means of 
compliance by the end of year one after the effective date of the final 
rule, with an additional year for producers to design, build, and test 
UAS that meet the standard.
    The two-year compliance period for producers is consistent with 
information on timelines for available technology from the UAS-ID ARC 
Report and expected availability of USS. The ARC found technologies 
similar to planned Remote ID USS transmissions have a ``readiness for 
implementation'' of one year or less. This means products would be 
available for original equipment manufacturers (producers) within one 
year of the requirements being known. This one-year period would start 
after the availability of FAA-accepted means of compliance and services 
from Remote ID USS--we expect means of compliance and Remote ID USS 
availability to take up to one year after the effective date of the 
proposed rule.
    At this time, the two-year producer compliance period appears 
reasonable and has a technical basis. The FAA has not identified or 
analyzed an alternative. The current proposal does not preclude earlier 
producer compliance (potential economic incentive to comply earlier). 
The FAA requests comments on alternative compliance periods that would 
minimize costs for small producers.
ii. Alternative Operational Compliance Periods
    The FAA considered three years beyond the producer compliance date 
for owners and operators to comply with the remote identification 
requirements of this proposed rule. This period of time coincides with 
the three-year lifespan of a small UAS and would have prevented costly 
grounding or replacement of UAS prior to end of useful life. However, 
the FAA determined that the three-year compliance period was 
unacceptable since it prolonged safety and security risks to air 
traffic and airports by delaying the ability of law enforcement 
personnel to identify unauthorized UAS operations. To reduce the delay 
in implementing remote identification, the owner/operator compliance 
period was reduced from three years down to one year.
    The FAA analyzed the costs of allowing up to three years for 
owners/operators to be in compliance and found this alternative 
minimizes costs to owners/operators since on average the affected 
existing fleet of UAS could be replaced at the end of useful life 
(three years). In addition, this alternative is more likely to reduce 
uncertainty of adverse impacts to producers with inventories of UAS 
produced before the compliance date that would likely not meet the 
remote identification provisions of this proposal. Given the average 
three-year UAS lifespan, the three-year operational compliance period 
would likely assist producers in depleting existing non-compliant 
inventories with reduced impact compared to the proposed one-year 
compliance period.
    Under this alternative, net present value costs at a three percent 
discount rate are $491.7 million with annualized net costs of $57.7 
million. At a seven percent discount rate, net present value costs are 
$392.6 million with annualized net cost of $55.9 million. These costs 
are lower than the costs of the proposed rule: the proposal results in 
present value costs of about $582 million at a three percent discount 
rate with annualized net costs of about $68.2 million, and net present 
value costs of about $473 million at a seven percent discount rate with 
annualized net costs of about $67.4 million. This alternative would 
likely minimize impacts on small entities affected by this proposed 
rule. This alternative does not include impacts and costs related to 
the loss of use associated with UAS that cannot be retrofit and earlier 
Remote ID USS subscription fees that would occur under the proposed 
rule.
iii. FAA-Provided Remote Identification Services
    The proposed rule assumes that Remote ID USS will come forward to 
offer remote identification services to individuals operating UAS in 
the airspace of the United States. The alternative would be for the FAA 
to provide these services directly to operators of UAS instead of 
providing them through a third party provider. The FAA is uncertain how 
it would recoup costs for these services, at least in the short run. 
The FAA chose the preferred alternative for several reasons. First, the 
LAANC service model has been effective due to the success of public and 
private sector partnerships in implementing LAANC and clear 
Congressional approval of the model. Second, similar to LAANC USS, the 
FAA will not provide payment for the development or operation of Remote 
ID USS products or services. The FAA anticipates that the Remote ID USS 
would recoup the costs of providing services either through the sale of 
subscriptions for remote identification services, on-line advertising, 
or ``value added'' services that can be purchased from the service 
provider. The FAA requests comments on alternatives for remote 
identification services that would minimize cost to small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and 
determined that it ensures the safety of the American public and does 
not exclude imports that meet this objective. As a result, this 
proposed rule is not considered as creating an unnecessary obstacle to 
foreign commerce.
    The FAA has considered the ongoing work of international 
organizations and other countries. No international (e.g., ICAO) 
standards currently exist for the types of operations the FAA proposes 
in this rule. The FAA will maintain its awareness of other countries' 
and international organizations' work in developing potential standards 
relevant to UAS operations.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently

[[Page 72509]]

uses an inflation-adjusted value of about $155 million in lieu of $100 
million.
    Although this proposed rule is a significant regulatory action, it 
does not contain a mandate that would impose costs of more than $155 
million annually. As a result, the requirements of Title II of the Act 
do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public.
    There are several new information collections that the FAA is 
proposing as part of this rule, as well as an existing information 
collection that is proposed to be revised.
1. New Information collection: Additions to Small Unmanned Aircraft 
Registration System
    In this rule, the FAA is proposing to require that all persons 
registering small unmanned aircraft under part 48 include one or more 
telephone number(s) of the applicant, and the manufacturer, model, and 
serial number of the unmanned aircraft as part of the registration 
information. This information would then be included on the Certificate 
of Aircraft Registration.
    The FAA recognizes that persons who currently register their small 
unmanned aircraft intending to use the small unmanned aircraft as other 
than a model aircraft are already required to provide the manufacturer, 
model, and serial number, if available, under Sec.  48.100(a). The FAA 
proposes to require all persons who register their small unmanned 
aircraft to include manufacturer name, model name, serial number, and 
telephone number(s) in the registration. Thus, some persons who have 
previously registered small unmanned aircraft, but did not include 
telephone number, manufacturer, model, and serial number information, 
would be required to update the registration of that aircraft.
    The FAA is also proposing to require all individuals intending to 
use the small unmanned aircraft exclusively as a model aircraft to 
include the telephone number(s) of the applicant, and the manufacturer, 
model, and serial number of each small unmanned aircraft in the 
registration. Requiring the telephone number(s), manufacturer, model, 
and serial number would necessitate amending the registration for all 
registered model aircraft. Additionally, the FAA proposes to revise the 
registration requirements in Part 48 to remove the provisions that 
allow small unmanned aircraft to register as model aircraft under a 
single Certificate of Aircraft Registration and to require the 
individual registration of each aircraft, regardless of its intended 
use.\181\ This means that every small unmanned aircraft registered 
under part 48 would need to have its own Certificate of Aircraft 
Registration.
---------------------------------------------------------------------------

    \181\ This proposal uses the term ``limited recreational 
operations'' when discussing registration requirements under part 
48. Part 48 uses the term ``model aircraft'' to describe 
recreational UAS operations. The FAA considers that model aircraft 
under part 48 are consistent with the ``limited recreational 
operations'' described in 49 U.S.C. 44809, therefore ``limited 
recreational operations'' has been used throughout to ensure 
consistency of terminology with current statutory requirements.
---------------------------------------------------------------------------

    As has been discussed, the FAA recognizes that some small unmanned 
aircraft would already have serial numbers, while others would require 
the FAA to assign serial numbers as part of the process of amending the 
registration. Requiring owners of unmanned aircraft to provide their 
telephone numbers as part of the registration process would assist FAA 
and law enforcement to disseminate safety and security related 
information to the registrant in near real-time.
    Therefore, the FAA is proposing a new information collection, 
Additions to Small Unmanned Aircraft Registration System, to reflect 
the additional burden of adding the telephone number, manufacturer, 
model, and serial number to each registration and to reflect the burden 
of having each unmanned aircraft registered separately.
    Use: The FAA would use the telephone number, manufacturer, model, 
and serial number to assist with the remote identification of unmanned 
aircraft systems. The serial number, which may be transmitted as the 
unique identifier of an unmanned aircraft, would help to identify the 
aircraft and associate the aircraft with its owner. The FAA would use 
the telephone number of the owner to disseminate safety and security-
related information to the registrant.

  Table 11--Small Unmanned Aircraft Registration--Limited Recreational Operations Incremental Hourly Burden and
                                                      Cost
                                                     [$Mil.]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
                              Year                                 Registrations   Hourly burden      ($Mil.)
----------------------------------------------------------------------------------------------------------------
1...............................................................         442,623          12,082           $0.17
2...............................................................         335,236           8,040            0.11
3...............................................................         372,127           8,899            0.13
                                                                 -----------------------------------------------
    Total.......................................................       1,149,986          29,021            0.41
----------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

2. New Information Collection: Identification of Foreign-Registered 
Civil Unmanned Aircraft Operating in the Airspace of the United States
    The FAA is proposing to extend the operational requirements of part 
89 to persons operating foreign civil unmanned aircraft in the United 
States. These persons would have to comply with the remote 
identification requirements, which means that these persons would have 
to operate foreign civil unmanned aircraft that qualify as standard 
remote identification UAS, limited remote identification UAS, or that 
have no remote identification equipment but are operated within an FAA-
recognized identification area.
    The FAA is proposing to allow a person to operate foreign-
registered civil unmanned aircraft in the United States only if the 
person submits a notice of identification to the Administrator. The 
notice would include the following information to allow FAA to 
associate an unmanned aircraft to a responsible person:
    (1) The name of the operator and, for an operator other than an 
individual, the name of the authorized

[[Page 72510]]

representative providing the notification.
    (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 does not 
receive mail at the physical address, a mailing address must also be 
provided.
    (3) The physical address of the operator in the United States.
    (4) One or more telephone number(s) where the operator can be 
reached while in the United States.
    (5) The email address of the operator or, for an operator other 
than an individual, the email address of the authorized representative.
    (6) The aircraft manufacturer and model name.
    (7) The serial number of the aircraft.
    (8) The country of registration of the aircraft.
    (9) The registration number of the aircraft.
    Once a person submits a notice of identification, the FAA would 
issue a confirmation of identification. A person operating a foreign-
registered unmanned aircraft in the United States would have to 
maintain the confirmation of identification at the UAS' control station 
and would have to produce it when requested by the FAA or a law 
enforcement officer. The holder of a confirmation of identification 
would have to ensure that the information provided remains accurate and 
is current prior to operating a foreign registered civil unmanned 
aircraft system in the United States.
    Use: The FAA would use information provided by operators of 
foreign-registered civil unmanned aircraft operating in the airspace of 
the United States to identify those aircraft.

                                                           Table 12--Notice of Identification
                                                                       [Unit cost]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       Minutes to      Additional                                                        Recreational flyer  opportunity
                Year                    establish      minutes per    Total minutes  Part 107 opportunity cost of time   cost  of time  ($0.237/minute)
                                      account \182\     aircraft                            ($1.55/minute) \183\                      \184\
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................               5               1               6  $9.30/notification...............  $1.42/notification.
2..................................               5               1               6  $9.30/notification...............  $1.42/notification.
3..................................               5               1               6  $9.30/notification...............  $1.42/notification.
--------------------------------------------------------------------------------------------------------------------------------------------------------

3. New Information Collection: Remote Identification Means of 
Compliance, Declaration of Compliance, and Labeling Requirements
---------------------------------------------------------------------------

    \182\ https://www.faa.gov/news/updates/media/2015-12-13_2120-AK82_RIA.pdf. See Page 13 of the Regulatory Impact Analysis of the 
Interim Final Rule Regulatory Evaluation for the Registration and 
Marking Requirements for Small Unmanned Aircraft. RIN 2120-AK82.
    \183\ The FAA estimates the wage earned by Part 107 operators to 
be similar to that of a fully burdened wage (compensation + 
benefits) of an FAA technical subject matter expert, which is $92.72 
per hour ($1.55 per minute).
    \184\ Department of Transportation Departmental Guidance on 
Valuation of Travel Time in Economic Analysis, September 27, 2016. 
Table 4 Recommended Hourly Values of Travel Time Savings, Page 17. 
In constant dollars, the hourly value of time for personal travel is 
$14.21 per hour ($.237 per minute). This value is used as a proxy 
for the value of time of someone operating UAS for recreational 
operations.
---------------------------------------------------------------------------

i. Means of Compliance
    The FAA is proposing to require persons who develop standards that 
the FAA may accept as means of compliance for the production of UAS 
with remote identification to submit those standards for review and 
acceptance by the FAA. The means of compliance would include 
requirements for producer demonstration of how the UAS with remote 
identification performs its intended functions and meets the 
performance requirements by analysis, ground test, or flight test, as 
appropriate. A person who submits a means of compliance that is 
accepted by the FAA would be required to retain the following data for 
as long as the means of compliance is accepted and an additional 24 
calendar months: All documentation and substantiating data submitted 
for the acceptance of the means of compliance; records of all test 
procedures, methodology, and other procedures, if applicable; and any 
other information necessary to justify and substantiate how the means 
of compliance enables compliance with the remote identification 
requirements of part 89.
    Use: The FAA would use the means of compliance as a way for persons 
responsible for the production of standard remote identification UAS or 
limited remote identification UAS to demonstrate compliance with the 
requirements for remote identification of UAS.

                                                  Table 14--Means of Compliance Hourly Burden and Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Year                             MOC submitted    Total pages    Hrs per page     Total hours    Cost per hour    Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................               1              12               1              12          $92.72       $1,112.64
2.......................................................               1              12               1              12           92.72        1,112.64
3.......................................................               1              12               1              12           92.72        1,112.64
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................               3              36               3              36  ..............        3,337.92
--------------------------------------------------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

ii. Declaration of Compliance
    The FAA is proposing to require persons responsible for the 
production of UAS with remote identification to produce those UAS to 
meet the minimum performance requirements of the rule using an FAA-
accepted means of compliance. To demonstrate that a UAS has been 
produced using an FAA-accepted means of compliance, producers would be 
required to submit

[[Page 72511]]

to the FAA a declaration of compliance containing:
     The name, physical address, telephone number, and email 
address of the person responsible for production of the standard remote 
identification UAS or limited remote identification UAS.
     The UAS make and model.
     The UAS serial number, or the range of serial numbers for 
which the person responsible for production is declaring compliance.
     The means of compliance used in the design and production 
of the UAS and whether the UAS is a standard remote identification UAS 
or a limited remote identification UAS.
     Whether the declaration of compliance is an initial 
declaration or an amended declaration, and if the declaration of 
compliance is an amended declaration, the reason for the amendment.
     A declaration that the person responsible for the 
production of the UAS:
    [cir] Can demonstrate that the UAS was designed and produced to 
meet the minimum performance requirements of standard remote 
identification UAS or limited remote identification UAS by using an 
FAA-accepted means of compliance.
    [cir] Will, upon request, allow the Administrator to inspect its 
facilities, technical data, and any UAS produced with remote 
identification, and to witness any tests necessary to determine 
compliance with part 89, subpart D.
    [cir] Will perform independent audits on a recurring basis, and 
whenever the FAA provides notice of noncompliance or of potential 
noncompliance, to demonstrate compliance with the requirements of 
subpart F of part 89, and will provide the results of those audits to 
the FAA upon request.
    [cir] Will maintain product support and notification procedures to 
notify the public and the FAA of any defect or condition that causes 
the UAS to no longer meet the requirements of subpart F of part 89, 
within 15 calendar days of the date the person becomes aware of the 
defect or condition.
    A person who submits a declaration of compliance that is accepted 
by the FAA would be required to retain the following data for 24 
calendar months after the cessation of production of the UAS with 
remote identification: The means of compliance, all documentation, and 
substantiating data related to the means of compliance used; records of 
all test results; and any other information necessary to demonstrate 
compliance with the means of compliance so that the UAS meets the 
remote identification requirements of part 89.
    Use: The FAA would use the declaration of compliance to determine 
that the person responsible for the production of standard remote 
identification UAS or limited remote identification UAS has 
demonstrated compliance with the requirements for remote identification 
of UAS.

                                               Table 13--Declaration of Compliance Hourly Burden and Cost
                                                                         [$Mil.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                          Year                             DoC submitted   Pages per DoC  Hours per page   Hourly burden   Cost per hour    Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................................  ..............  ..............  ..............  ..............  ..............  ..............
2.......................................................           1,155              50               1          57,750          $82.93           $4.79
3.......................................................              19              50               1             945           82.93            0.08
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           1,174  ..............  ..............          58,695           82.93            4.87
--------------------------------------------------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

iii. Labeling
    For standard remote identification UAS and limited remote 
identification UAS, the proposed rule would require the person 
responsible for production of the UAS to label the unmanned aircraft to 
show that it was produced with remote identification technology that 
meets the requirements of the proposed rule and to indicate whether it 
is a standard remote identification UAS or a limited remote 
identification UAS. The label would be in English and be legible, 
prominent, and permanently affixed to the unmanned aircraft. The 
proposed labeling requirement would assist the operator to know that 
his or her UAS is eligible to conduct operations within the airspace of 
the United States.
    Use: The proposed labeling requirement would assist the FAA and 
owners and operators of UAS to determine if the UAS meets the remote 
identification requirements of the proposed rule.

                              Table 14--Labeling Requirement Hourly Burden and Cost
                                                     [$Mil.]
----------------------------------------------------------------------------------------------------------------
                                     Number of       Hours per
              Year                   platforms        design       Hourly burden   Cost per hour    Total cost
----------------------------------------------------------------------------------------------------------------
1...............................  ..............  ..............  ..............  ..............  ..............
2...............................           1,100               2           2,200          $82.93          $0.182
3...............................              18               2              36           82.93           0.003
                                 -------------------------------------------------------------------------------
    Total.......................           1,118  ..............           2,236  ..............           0.185
----------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.

4. New Information Collection: UAS Remote Identification Message 
Elements
    The FAA is proposing that standard remote identification UAS and 
limited remote identification UAS be designed and produced to connect 
to the internet and transmit remote identification message elements to 
Remote Identification UAS Service Suppliers (Remote ID USS). The 
collection of this information in the form of message elements is 
necessary to comply with

[[Page 72512]]

the statutory requirement to develop standards for remotely identifying 
operators and owners of UAS and associated unmanned aircraft. 
Furthermore, remote identification of UAS would provide airspace 
awareness to the FAA, national security agencies, and law enforcement 
entities, which could be used to distinguish compliant airspace users 
from those potentially posing a safety or security risk.
    Under this proposed rule, no person would be able to operate a UAS 
required to have remote identification within the airspace of the 
United States unless the UAS is capable of connecting to the internet 
and transmitting certain remote identification message elements 
throughout the operation. Persons operating UAS would comply with 
remote identification in one of three ways. First, standard remote 
identification UAS would connect to the internet and transmit remote 
identification message elements through that internet connection to a 
Remote ID USS and broadcast those message elements directly from the 
unmanned aircraft. These message elements would include the UAS 
Identification (either the unmanned aircraft's serial number or session 
ID), latitude, longitude, and barometric pressure altitude of both the 
control station and the unmanned aircraft, a time mark, and an 
emergency status code that would transmit only when applicable. A 
standard remote identification UAS that could no longer broadcast the 
message elements would have to land as soon as practicable.
    Second, limited remote identification UAS would be required to 
connect to the internet and transmit similar remote identification 
message elements through that internet connection to a Remote ID USS. 
If the connection to the internet were unavailable or if the UAS could 
no longer transmit remote identification message elements to a Remote 
ID USS, the unmanned aircraft would not be able to take off. Limited 
remote identification UAS would be designed and produced to operate no 
more than 400 feet from the control station, cannot broadcast remote 
identification message elements, and would have to be operated within 
visual line of sight.
    The third way to comply with the UAS remote identification 
requirements would be to operate a UAS without remote identification at 
an FAA-Recognized Identification Area. Because these types of 
operations do not involve any information exchanges with a Remote ID 
USS, they were not considered as part of this information collection.
    Use: The remote identification message elements would be sent from 
the UAS to the Remote ID USS over the internet. The Remote ID USS 
would, in turn, transmit the information collected to the FAA as 
required. To implement remote identification, the FAA anticipates 
establishing a cooperative data exchange mechanism between the FAA and 
Remote ID USS.
    The information transmitted between the UAS and the Remote ID USS 
is collected electronically without input from the human operator, thus 
there is no burden on the person manipulating the flight controls of 
the UAS to submit information to the Remote ID USS. There would be an 
exchange of information between the Remote ID USS and the FAA when 
identification of the owner of the unmanned aircraft or the location of 
the UAS is required. At this time, it is unknown how often exchanges 
between the FAA and Remote ID USS would occur. The following table 
shows the number of estimated respondents that would transmit messages 
through the internet to a Remote ID USS and the number of Remote ID USS 
that would exchange data with the FAA.

                 Table 15--Transmit USS Message Elements
------------------------------------------------------------------------
                                             Remote ID     Remote ID USS
                  Year                      respondents     respondents
------------------------------------------------------------------------
1.......................................  ..............  ..............
2.......................................         422,498              10
3.......................................         972,258              11
                                         -------------------------------
  Total.................................       1,394,756              26
------------------------------------------------------------------------

5. New Information Collection: Application for FAA-Recognized 
Identification Areas
    The FAA is proposing that community-based organization (CBO) 
representatives submitting applications for flying sites to become FAA-
recognized identification areas may apply for such establishment in a 
form and manner acceptable to the FAA. The application would collect 
certain information regarding the location of the flying site, and 
require the CBO representative to confirm certain information regarding 
the site.
    An applicant for an FAA-recognized identification area would be 
required to submit: (1) The name of the CBO making the request; (2) a 
declaration that the person making the request has the authority to act 
on behalf of the CBO; (3) the name and contact information, including 
telephone number, of the primary point of contact for communications 
with the FAA; (4) the physical address of the proposed FAA-recognized 
identification area; (5) the latitude and longitude coordinates 
delineating the geographic boundaries of the proposed FAA-recognized 
identification area, and (6) if applicable, a copy of any existing 
letter of agreement regarding the flying site.
    Use: Applications would permit CBOs recognized by the Administrator 
to apply for FAA-recognized identification area status.

                                   Table 16--CBO Request for FAA-Recognized Identification Area Hourly Burden and Cost
                                                                         [$Mil]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Requests        Pages per
                  Year                       submitted        request       Total pages   Hours per page    Total hours    Hourly burden    Total cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................................           2,500               4          10,000             0.5            5000          $58.12           $0.29
2.......................................  ..............  ..............  ..............  ..............  ..............  ..............  ..............
3.......................................  ..............  ..............  ..............  ..............  ..............  ..............  ..............
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................           2,500  ..............          10,000  ..............           5,000  ..............            0.29
--------------------------------------------------------------------------------------------------------------------------------------------------------
Row and column totals may not sum due to rounding.


[[Page 72513]]

6. Requirements for Which Information Collections Are Not Proposed
i. Existing Information Collection 2120-0042: Aircraft Registration
    While the FAA is proposing to clarify in new Sec.  47.14 that all 
unmanned aircraft registering under part 47 must include a serial 
number as part of the registration, the FAA is not proposing to revise 
existing information collection 2120-0042, Aircraft Registration. The 
inclusion of a serial number in registrations under part 47 has always 
been required and a revision to this information collection is not 
necessary.
ii. Existing Information Collection 2120-0021: Certification: Pilots 
and Flight Instructors
    While the FAA is proposing to require that new questions regarding 
remote identification of UAS be included on the initial and recurrent 
aeronautical knowledge tests described in Sec.  107.73, and that new 
training be included in the initial and recurrent training described in 
Sec.  107.74, for persons seeking a remote pilot certificate with a 
small UAS rating, the FAA does not believe that the addition of these 
questions would necessitate further time on the part of applicants to 
complete the test or training. Therefore, the FAA is not proposing to 
revise existing information collection 2120-0021, Certification: Pilots 
and Flight Instructors.
iii. Remote ID USS
    While the FAA envisions the use of Remote ID USS for the 
transmission of UAS remote identification information, the FAA is still 
developing the concepts and requirements for those USS. Because the FAA 
is uncertain at this time regarding the requirements for application by 
persons to be Remote ID USS, the FAA is not proposing here to establish 
an information collection for Remote ID USS.
    Individuals and organizations may send comments on the information 
collection requirement to the address listed in the ADDRESSES section 
at the beginning of this preamble by March 2, 2020. Comments may also 
be submitted to the Office of Management and Budget, Office of 
Information and Regulatory Affairs, Attention: Desk Officer for FAA, 
New Executive Office Building, Room 10202, 725 17th Street NW, 
Washington, DC 20053.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy 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 bilateral and 
multilateral basis to harmonize regulations to the maximum extent 
possible. The FAA's international outreach efforts include the 
following:
     Discussions with the Switzerland Federal Office of Civil 
Aviation (FOCA) regarding plans for use of remote identification to 
facilitate U-Space \185\ operations and plans to allow multiple UAS 
Service Suppliers to serve a range of U-Space operators in concept 
similar to current and future FAA USS plans;
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     Collaboration with the European Aviation Safety Agency 
(EASA) on the EASA U-Space 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 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 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

[[Page 72514]]

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.

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.

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.
---------------------------------------------------------------------------

    \186\ 65 FR 67249 (Nov. 6, 2000).
    \187\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

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.
    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 
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\
---------------------------------------------------------------------------

    \188\ Upon finalization, PIAs are posted on the Department of 
Transportation's Privacy Program page, available at https://www.transportation.gov/individuals/privacy/privacy-impact-assessments#Federal%20Aviation%20Administration%20(FAA).
---------------------------------------------------------------------------

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

[[Page 72515]]

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, 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 (https://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.

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.

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.

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

0
1. The authority citation for part 1 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701.

0
2. In Sec.  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:


Sec.  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.
* * * * *
0
3. In Sec.  1.2, add the abbreviation ``USS'' in alphabetical order to 
read as follows:


Sec.  1.2  Abbreviations and symbols.

* * * * *
    USS means an unmanned aircraft system service supplier.
* * * * *

PART 47--AIRCRAFT REGISTRATION

0
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.

0
5. Add Sec.  47.14 to read as follows:


Sec.  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

0
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.

0
7. Revise Sec.  48.5 to read as follows:


Sec.  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

[[Page 72516]]

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.
0
8. In Sec.  48.15, revise paragraph (b) to read as follows:


Sec.  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
* * * * *
0
9. Revise Sec.  48.30 to read as follows


Sec.  48.30  Fees.

    The fee for issuing or renewing a Certificate of Aircraft 
Registration for aircraft registered in accordance with Sec.  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.
0
10. Revise Sec.  48.100 to read as follows:


Sec.  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.
    (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.
0
11. In Sec.  48.110, revise the section heading and paragraph (a) to 
read as follows:


Sec.  48.110  Aircraft Registration.

    (a) Certificate of Aircraft Registration. A Certificate of Aircraft 
Registration issued in accordance with Sec.  48.100 constitutes 
registration only for the small unmanned aircraft identified on the 
application.
* * * * *


Sec.  48.115   [Reserved]

0
12. Remove and reserve Sec.  48.115.
0
13. Amend Sec.  48.200 by revising paragraphs (b)(1) and (2) to read as 
follows:


Sec.  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 Sec.  48.100.
0
14. Add part 89 to subchapter F to read as follows:

PART 89--REMOTE IDENTIFICATION OF UNMANNED AIRCRAFT SYSTEMS

Subpart A--General
Sec.
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
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.

Subpart A--General


Sec.  89.1  Definitions.

    The following definitions apply to this part. If there is a 
conflict between the definitions of this part and the

[[Page 72517]]

definitions specified in Sec.  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.


Sec.  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, 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


Sec.  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.
    (b) Persons operating foreign civil unmanned aircraft in the United 
States.


Sec.  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 Sec.  89.110.
    (b) The unmanned aircraft system is a limited remote identification 
unmanned aircraft system and that person complies with the requirements 
of Sec.  89.115.
    (c) The unmanned aircraft system does not have remote 
identification equipment and that person complies with the requirements 
of Sec.  89.120.


Sec.  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 Sec.  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:
    (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 Sec.  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.


Sec.  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.
    (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 Sec.  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 Sec.  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.

[[Page 72518]]

    (3) Its remote identification equipment and functionality have not 
been disabled.


Sec.  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 Sec.  89.110 or a limited remote identification unmanned 
aircraft system under Sec.  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.


Sec.  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.


Sec.  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.
    (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 does not 
receive mail at the physical address, a mailing address must also be 
provided.
    (3) The physical address of the operator in the United States.
    (4) The telephone number(s) where the operator can be reached while 
in the United States.
    (5) The email address of the operator or, for an operator other 
than an individual, the email address of the authorized representative.
    (6) The aircraft manufacturer and model name.
    (7) The serial number of the aircraft.
    (8) The country of registration of the aircraft.
    (9) The registration number of the aircraft.
    (b) Issuance of a Confirmation of Identification.
    (1) The FAA will issue a Confirmation of Identification upon 
completion of the notification requirements provided in paragraph (a) 
of this section.
    (2) The filing of a notification under paragraph (a) of this 
section and the Confirmation of Identification issued under paragraph 
(b)(1) of this section do not have the effect of U.S. aircraft 
registration.
    (c) Proof of notification. No person may operate a foreign 
registered civil unmanned aircraft in the United States unless the 
person obtains a Confirmation of Identification under paragraph (b)(1) 
of this section, maintains such Confirmation of Identification at the 
unmanned aircraft system's control station, and produces the 
Confirmation of Identification when requested by the FAA or a law 
enforcement officer.
    (d) Requirement to maintain current information. The holder of a 
Confirmation of Identification must ensure that the information 
provided under Sec.  89.130(a) remains accurate and must update the 
information prior to operating a foreign registered civil unmanned 
aircraft system in the United States.


Sec.  89.135  Record retention.

    The Administrator shall require any Remote ID USS to retain any 
remote identification message elements listed in Sec.  89.305 or Sec.  
89.315 obtained in the course of offering services to persons operating 
under this subpart for 6 months from the date when the remote 
identification message elements are received or otherwise come into the 
possession of the Remote ID USS.

Subpart C--FAA-Recognized Identification Areas


Sec.  89.201  Applicability.

    This subpart prescribes procedural requirements to establish an 
FAA-recognized identification area.


Sec.  89.205  Eligibility.

    Only a community based organization recognized by the Administrator 
may apply for the establishment of an FAA-recognized identification 
area under this subpart.


Sec.  89.210  Requests for establishment of an FAA-recognized 
identification area.

    (a) Application. A community based organization requesting the 
establishment of an FAA-recognized identification area under this 
subpart must submit an application in a form and manner acceptable to 
the Administrator within 12 calendar months from [EFFECTIVE DATE OF 
FINAL RULE].
    (b) Required documentation. A request under this subpart must 
contain the following information:
    (1) The name of the community based organization making the 
request.
    (2) A declaration that the person making the request has the 
authority to act on behalf of the community based organization.
    (3) The name and contact information, including telephone 
number(s), of the primary point of contact for communications with the 
FAA.
    (4) The physical address of the proposed FAA-recognized 
identification area.
    (5) The latitude and longitude coordinates delineating the 
geographic boundaries of the proposed FAA-recognized identification 
area.
    (6) If applicable, a copy of any existing letter of agreement 
regarding the flying site.


Sec.  89.215  Approval of FAA-recognized identification areas.

    The Administrator will assess applications for FAA-recognized 
identification areas and may require additional information or 
documentation, as needed, to supplement an application. The 
Administrator will approve or deny an application, and may take into 
consideration matters such as, but not limited to:
    (a) The effects on existing or contemplated airspace capacity.
    (b) The effect on critical infrastructure, existing or proposed 
manmade objects, natural objects, or the existing use of the land, 
within or close to the proposed FAA-recognized identification area.
    (c) The safe and efficient use of airspace by other aircraft.
    (d) The safety and security of persons or property on the ground.


Sec.  89.220  Amendment.

    (a) From the time of application until expiration or termination of 
an FAA-recognized identification area, any change to the information 
submitted in the application including but not limited to a change to 
the point of contact for the FAA-recognized identification area or a 
change to the

[[Page 72519]]

community based organization's affiliation with the FAA-recognized 
identification area must be submitted to the FAA within 10 calendar 
days of the change.
    (b) If the community based organization wishes to change the 
geographic boundaries of the FAA-recognized identification area, the 
organization must submit the request to the FAA for review. The 
geographic boundaries of the FAA-recognized identification area will 
not change until they have been approved or denied in accordance with 
Sec.  89.215.
    (c) The establishment of an FAA-recognized identification area is 
subject to ongoing review by the Administrator. All changes to the 
information submitted in the application may be reviewed in accordance 
with Sec.  89.215 and may result in the termination of the FAA-
recognized identification area pursuant to Sec.  89.230.


Sec.  89.225  Duration of an FAA-recognized identification area.

    (a) Duration. An FAA-recognized identification area will be in 
effect for 48 calendar months after the date the FAA approves the 
request for establishment of an FAA-recognized identification area.
    (b) Renewal. A person wishing to renew an FAA-recognized 
identification area must submit a request for renewal no later than 120 
days prior to the expiration of the FAA-recognized identification area 
in a form and manner acceptable to the Administrator. The Administrator 
may deny requests submitted after that deadline or requests submitted 
after the expiration.


Sec.  89.230  Expiration and termination.

    (a) Expiration. Unless renewed, an FAA-recognized identification 
area issued under this subpart will be automatically cancelled and will 
have no further force or effect as of the day immediately after its 
expiration date.
    (b) Termination prior to expiration--(1) Termination by request. A 
community based organization may submit a request to the Administrator 
to terminate an FAA-recognized identification area issued under this 
subpart. Once an FAA-recognized identification area is terminated, that 
community based organization may not reapply to have that flying site 
reestablished as an FAA-recognized identification area, and neither may 
any other person apply to have that site reestablished as an FAA-
recognized identification area.
    (2) Termination by FAA. 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 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. The Administrator will 
notify the primary point of contact of the decision to terminate the 
FAA-recognized identification area and the reasons for the termination. 
Except as provided in paragraph (c) of this section, once an FAA-
recognized identification area is terminated, a community based 
organization may not apply to have that flying site established as an 
FAA-recognized identification area.
    (c) Petition to reconsider the FAA's decision to terminate an FAA-
recognized identification area. Within 30 calendar days of a 
termination under this section, the Administrator may be petitioned to 
reconsider the decision. That petition must state the reasons 
justifying the reconsideration and include any supporting 
documentation. Upon consideration of the information submitted by the 
petitioner, the Administrator will notify the petitioner of the 
decision.
    (d) Inapplicability of part 13, subpart D, of this chapter. Part 
13, subpart D, of this chapter does not apply to the procedures of 
paragraphs (b) and (c) of this section.

Subpart D--Requirements for Unmanned Aircraft Systems With Remote 
Identification


Sec.  89.301  Applicability.

    This subpart prescribes the minimum message element set and minimum 
performance requirements for standard remote identification unmanned 
aircraft systems and limited remote identification unmanned aircraft 
systems.


Sec.  89.305  Minimum message elements broadcast and transmitted by 
standard remote identification unmanned aircraft systems.

    A standard remote identification unmanned aircraft system must 
transmit the following remote identification message elements through 
an internet connection to a Remote ID USS and must broadcast the 
following remote identification message elements:
    (a) The identity of the unmanned aircraft system consisting of:
    (1) A serial number assigned to the unmanned aircraft by the person 
responsible for the production of the standard remote identification 
unmanned aircraft system; or
    (2) A session ID assigned by a Remote ID USS.
    (b) An indication of the latitude and longitude of the control 
station.
    (c) An indication of the barometric pressure altitude of the 
control station.
    (d) An indication of the latitude and longitude of the unmanned 
aircraft.
    (e) An indication of the barometric pressure altitude of the 
unmanned aircraft.
    (f) A time mark identifying the Coordinated Universal Time (UTC) 
time of applicability of a position source output.
    (g) An indication of the emergency status of the unmanned aircraft 
system.


Sec.  89.310  Minimum performance requirements for standard remote 
identification unmanned aircraft systems.

    A standard remote identification unmanned aircraft system must meet 
the following minimum performance requirements:
    (a) Control station location. The location of the control station 
of the unmanned aircraft system must be generated and encoded into the 
message elements and must correspond to the location of the person 
manipulating the flight controls of the unmanned aircraft system.
    (b) Automatic Remote ID USS connection. From takeoff to landing, 
the unmanned aircraft system must automatically maintain a connection 
to the internet and transmit the message elements through that internet 
connection to a Remote ID USS when the internet is available.
    (c) Time mark. The time mark message element must be synchronized 
with all other remote identification message elements.
    (d) Self-Testing and monitoring. (1) When the unmanned aircraft 
system is powered on, it must automatically test the remote 
identification functionality and notify the person manipulating the 
flight controls of the unmanned aircraft system of the result of the 
test.
    (2) The unmanned aircraft must not be able to take off if the 
remote identification equipment is not functional.
    (3) The unmanned aircraft system must continuously monitor the 
remote identification functionality from takeoff to landing and must 
provide notification of malfunction or failure to the person 
manipulating the flight controls of the unmanned aircraft system.
    (e) Tamper resistance. The unmanned aircraft system must be 
designed and

[[Page 72520]]

produced in a way that reduces the ability of a person to tamper with 
the remote identification functionality.
    (f) Connectivity. (1) If the internet is available at takeoff, the 
unmanned aircraft must not be able to take off unless it is:
    (i) Connected to the internet and transmitting the message elements 
in Sec.  89.305 through that internet connection to a Remote ID USS; 
and
    (ii) Broadcasting the message elements in Sec.  89.305 directly 
from the unmanned aircraft.
    (2) If the internet is unavailable at takeoff, the unmanned 
aircraft must not be able to take off unless it is broadcasting the 
message elements in Sec.  89.305.
    (3) The unmanned aircraft system must continuously monitor its 
connection to the internet and the unmanned aircraft system's 
transmission of the remote identification message elements through that 
internet connection to a Remote ID USS. If the connection to the 
internet is lost or the unmanned aircraft system is no longer 
transmitting the remote identification message elements to a Remote ID 
USS, the unmanned aircraft system must notify the person manipulating 
the flight controls of the unmanned aircraft system.
    (g) Error correction. The remote identification equipment must 
incorporate error correction in the transmission or broadcast of the 
message elements in Sec.  89.305.
    (h) Interference considerations. The remote identification 
equipment must not interfere with other systems or equipment installed 
on the unmanned aircraft system, and other systems or equipment 
installed on the unmanned aircraft system must not interfere with the 
remote identification equipment.
    (i) Message transmission. (1) The unmanned aircraft system must be 
capable of transmitting the message elements for standard remote 
identification unmanned aircraft systems in Sec.  89.305 through an 
internet connection to a Remote ID USS.
    (2) The unmanned aircraft must be capable of broadcasting the 
message elements in Sec.  89.305 using a non-proprietary broadcast 
specification and using radio frequency spectrum in accordance with 
part 15 of title 47, Code of Federal Regulations, where operations may 
occur without an FCC individual license that is compatible with 
personal wireless devices. Any broadcasting device used to meet the 
requirements of this section must be integrated into the unmanned 
aircraft without modification to its authorized radio frequency 
parameters and designed to maximize the range at which the broadcast 
can be received, while complying with 47 CFR part 15 and any other laws 
in effect as of the date the declaration of compliance is submitted to 
the FAA for acceptance.
    (j) Message elements performance requirements. (1) The message 
elements in Sec.  89.305 transmitted through an internet connection to 
a Remote ID USS from the unmanned aircraft system and broadcast from 
the unmanned aircraft must be identical.
    (2) The reported position of the unmanned aircraft and the control 
station must be accurate to within 100 feet of the true position, with 
95 percent probability.
    (3) The reported barometric pressure altitude of the unmanned 
aircraft and control station must be accurate to within 20 feet of the 
true barometric pressure altitude for pressure altitudes ranging from 0 
to 10,000 feet.
    (4) The unmanned aircraft system must transmit through an internet 
connection to a Remote ID USS and broadcast the latitude, longitude, 
and barometric pressure altitude of the unmanned aircraft and its 
control station no later than 1.0 second from the time of measurement 
to the time of transmission and broadcast.
    (5) The unmanned aircraft system must transmit through an internet 
connection to a Remote ID USS and broadcast the message elements at a 
rate of at least 1 message per second.
    (k) Cybersecurity. The unmanned aircraft system must incorporate 
cybersecurity protections for the transmission and broadcast of the 
message elements in Sec.  89.305.


Sec.  89.315  Minimum message elements transmitted by limited remote 
identification unmanned aircraft systems.

    A limited remote identification unmanned aircraft system must 
transmit the following remote identification message elements through 
an internet connection to a Remote ID USS:
    (a) The identity of the unmanned aircraft system consisting of:
    (1) A serial number assigned to the unmanned aircraft by the person 
responsible for the production of the limited remote identification 
unmanned aircraft system; or
    (2) A session ID assigned by a Remote ID USS.
    (b) An indication of the latitude and longitude of the control 
station.
    (c) An indication of the barometric pressure altitude of the 
control station.
    (d) A time mark identifying the Coordinated Universal Time (UTC) 
time of applicability of a position source output.
    (e) An indication of the emergency status of the unmanned aircraft 
system.


Sec.  89.320   Minimum performance requirements for limited remote 
identification unmanned aircraft systems.

    A limited remote identification unmanned aircraft system must meet 
the following minimum performance requirements:
    (a) Control station location. The location of the control station 
of the unmanned aircraft system must be generated and encoded into the 
message elements and must correspond to the location of the person 
manipulating the flight controls of the unmanned aircraft system.
    (b) Automatic Remote ID USS connection. From takeoff to landing, 
the unmanned aircraft system must automatically maintain a connection 
to the internet, when available, and must transmit the appropriate 
message elements through that internet connection to a Remote ID USS.
    (c) Time mark. The time mark message element must be synchronized 
with all other remote identification message elements.
    (d) Self-Testing and monitoring. (1) When the unmanned aircraft 
system is powered on, it must automatically test the remote 
identification functionality and notify the person manipulating the 
flight controls of the unmanned aircraft system of the result of the 
test.
    (2) The unmanned aircraft must not be able to take off if the 
remote identification equipment is not functional.
    (3) The unmanned aircraft system must continuously monitor the 
remote identification functionality from takeoff to landing and must 
provide notification of malfunction or failure to the person 
manipulating the flight controls of the unmanned aircraft system.
    (e) Tamper resistance. The unmanned aircraft system must be 
designed and produced in a way that reduces the ability of a person to 
tamper with the remote identification functionality.
    (f) Connectivity. (1) The unmanned aircraft must not be able to 
take off unless it is connected to the internet and transmitting the 
message elements in Sec.  89.315 through that internet connection to a 
Remote ID USS.
    (2) The unmanned aircraft system must continuously monitor its 
connection to the internet and the unmanned aircraft system's 
transmission of the remote identification message elements through that 
internet connection to a Remote ID USS. If the connection to the 
internet is lost or the unmanned aircraft system is no longer 
transmitting the remote

[[Page 72521]]

identification message elements to a Remote ID USS, the unmanned 
aircraft system must notify the person manipulating the flight controls 
of the unmanned aircraft system.
    (g) Error correction. The remote identification equipment must 
incorporate error correction in the transmission of the message 
elements in Sec.  89.315.
    (h) Interference considerations. The remote identification 
equipment must not interfere with other systems or equipment installed 
on the unmanned aircraft system, and other systems or equipment 
installed on the unmanned aircraft system must not interfere with the 
remote identification equipment.
    (i) Message transmission. The unmanned aircraft system must be 
capable of transmitting the message elements for limited remote 
identification unmanned aircraft systems in Sec.  89.315 through an 
internet connection to a Remote ID USS.
    (j) Message elements performance requirements. (1) The reported 
position of the control station must be accurate to within 100 feet of 
the true position, with 95 percent probability.
    (2) The reported barometric pressure altitude of the control 
station must be accurate to within 20 feet of the true barometric 
pressure altitude for pressure altitudes ranging from 0 to 10,000 feet.
    (3) The unmanned aircraft system must transmit the latitude, 
longitude, and barometric pressure altitude of the control station no 
later than 1.0 second from the time of measurement to the time of 
transmission.
    (4) The unmanned aircraft system must transmit the message elements 
at a rate of at least 1 message per second.
    (k) Cybersecurity. The unmanned aircraft system must incorporate 
cybersecurity protections for the transmission of the message elements 
in Sec.  89.315.
    (l) Range limitation. The unmanned aircraft must be designed to 
operate no more than 400 feet from its control station.
    (m) Broadcast limitation. The unmanned aircraft cannot broadcast 
any of the remote identification message elements identified in Sec.  
89.305 or Sec.  89.315.

Subpart E--Means of Compliance


Sec.  89.401  Applicability.

    This subpart prescribes--
    (a) Requirements for means of compliance.
    (b) Procedural requirements for the submission and acceptance of 
means of compliance used in the design and production of standard 
remote identification unmanned aircraft systems or limited remote 
identification unmanned aircraft systems to ensure such unmanned 
aircraft systems meet the minimum performance requirements of this 
part.
    (c) Rules governing persons submitting means of compliance for FAA 
acceptance.


Sec.  89.405  Submission of a means of compliance for FAA acceptance.

    (a) Eligibility. Any person may submit a means of compliance for 
acceptance by the FAA.
    (b) Required information. A person requesting acceptance of a means 
of compliance must submit the following information to the FAA in a 
form and manner acceptable to the Administrator:
    (1) The name of the person or entity submitting the means of 
compliance, the name of the main point of contact for communications 
with the FAA, the physical address, email address, and other contact 
information.
    (2) A detailed description of the means of compliance.
    (3) An explanation of how the means of compliance addresses all of 
the minimum performance requirements established in subpart D of this 
part so that any standard remote identification unmanned aircraft 
system or limited remote identification unmanned aircraft system 
designed and produced in accordance with such means of compliance meets 
the remote identification requirements of this part.
    (4) Any substantiating material the person wishes the FAA to 
consider as part of the request.
    (c) Testing and validation. A means of compliance submitted for 
acceptance by the FAA must include testing and validation procedures 
for persons responsible for the production of standard remote 
identification unmanned aircraft systems or limited remote 
identification unmanned aircraft systems to demonstrate through 
analysis, ground test, or flight test, as appropriate, how the standard 
remote identification unmanned aircraft system or the limited remote 
identification unmanned aircraft system performs its intended functions 
and meets the requirements in subpart D of this part, including any FAA 
performance requirements for radio station operation.


Sec.  89.410  Acceptance of a means of compliance.

    (a) A person requesting acceptance of a means of compliance must 
demonstrate to the Administrator that the means of compliance addresses 
all of the requirements of subparts D and E of this part, and that any 
standard remote identification unmanned aircraft system or limited 
remote identification unmanned aircraft system designed and produced in 
accordance with such means of compliance would meet the performance 
requirements of subpart D of this part.
    (b) The Administrator will evaluate a means of compliance that is 
submitted to the FAA and may request additional information or 
documentation, as needed, to supplement the means of compliance.
    (c) If the Administrator determines the person has demonstrated 
that the means of compliance meets the requirements of subparts D and 
E, the FAA will notify the person that the Administrator has accepted 
the means of compliance. If the Administrator determines the person has 
not provided sufficient evidence to demonstrate that the means of 
compliance meets the requirements of subpart D or E, the FAA will 
notify the person that the Administrator has not accepted the means of 
compliance.


Sec.  89.415  Rescission.

    (a) Rescission of an FAA-accepted means of compliance. (1) A means 
of compliance is subject to ongoing review by the Administrator. The 
Administrator may rescind its acceptance of a means of compliance if 
the Administrator determines that a means of compliance does not meet 
any or all of the requirements of subpart D or E of this part.
    (2) The Administrator will publish a notice of rescission in the 
Federal Register.
    (b) Inapplicability of part 13, subpart D, of this chapter. Part 
13, subpart D, of this chapter does not apply to the procedures of 
paragraph (a) of this section.


Sec.  89.420  Record retention.

    A person who submits a means of compliance that is accepted by the 
Administrator under this subpart must retain the following information 
for as long as the means of compliance is accepted plus an additional 
24 calendar months, and must make available for inspection by the 
Administrator the following:
    (a) All documentation and substantiating data submitted to the FAA 
for acceptance of the means of compliance.
    (b) Records of all test procedures, methodology, and other 
procedures, as applicable.
    (c) Any other information necessary to justify and substantiate how 
the means of compliance enables compliance with

[[Page 72522]]

the remote identification requirements of this part.

Subpart F--Design and Production of Unmanned Aircraft Systems With 
Remote Identification


Sec.  89.501  Applicability.

    (a) This subpart prescribes--
    (1) Requirements for the design and production of unmanned aircraft 
systems operated in the United States.
    (2) Procedural requirements for the submission, acceptance, and 
rescission of declarations of compliance.
    (3) Rules governing persons submitting declarations of compliance 
for FAA acceptance under this part.
    (b) Except as provided in paragraph (c) of this section, this 
subpart applies to the design and production of unmanned aircraft 
systems operated in the United States.
    (c) Unless the unmanned aircraft system is a standard remote 
identification unmanned aircraft system or a limited remote 
identification unmanned aircraft system, this subpart does not apply to 
the design or production of:
    (1) Amateur-built unmanned aircraft systems.
    (2) Unmanned aircraft systems of the United States Government.
    (3) Unmanned aircraft systems where the unmanned aircraft weighs 
less than 0.55 pounds including the weight of anything attached to or 
carried by the aircraft.
    (4) Unmanned aircraft systems designed or produced exclusively for 
the purpose of aeronautical research or to show compliance with 
regulations.


Sec.  89.505  Serial numbers.

    Serial number required. No person may produce a standard remote 
identification unmanned aircraft system or a limited remote 
identification unmanned aircraft system unless the unmanned aircraft is 
issued a serial number that complies with ANSI/CTA-2063-A. ANSI/CTA-
2063-A, Small Unmanned Aerial Systems Serial Numbers (September 2019) 
is incorporated by reference into this section with the approval of the 
Director of the Office of the Federal Register under 5 U.S.C. 552(a) 
and 1 CFR part 51. All approved material is available for inspection at 
the FAA's Office of Rulemaking (ARM-1), 800 Independence Avenue SW, 
Washington, DC 20590 (telephone 202-267-9677) and is available from 
Consumer Technology Association, 1919 South Eads Street, Arlington, VA 
22202 or at https://www.cta.tech. It is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to www.archives.gov/federal-register/cfr/ibr-locations.html.


Sec.  89.510  Production requirements.

    (a) General production requirements. After [DATE 24 MONTHS AFTER 
THE EFFECTIVE DATE OF THE FINAL RULE], no person may produce an 
unmanned aircraft system unless:
    (1) The unmanned aircraft system is designed and produced to meet 
the minimum performance requirements for standard remote identification 
unmanned aircraft systems established in Sec.  89.310 or for limited 
remote identification unmanned aircraft systems established in Sec.  
89.320 and in accordance with an FAA-accepted means of compliance.
    (2) The unmanned aircraft system meets the requirements of this 
subpart.
    (3) The FAA has accepted a declaration of compliance for that 
unmanned aircraft system.
    (b) Inspection, audit, and notification requirements. A person 
responsible for the production of standard remote identification 
unmanned aircraft systems or limited remote identification unmanned 
aircraft systems must:
    (1) Upon request, allow the Administrator to inspect its 
facilities, technical data, and any standard remote identification 
unmanned aircraft system or limited remote identification unmanned 
aircraft system the person produces, and to witness any tests necessary 
to determine compliance with this subpart.
    (2) Perform independent audits on a recurring basis, and whenever 
the FAA provides notice of noncompliance or of potential noncompliance, 
to demonstrate the unmanned aircraft systems listed under a declaration 
of compliance meet the requirements of this subpart. The person 
responsible for the production of standard remote identification 
unmanned aircraft systems or limited remote identification unmanned 
aircraft systems must provide the results of all such audits to the FAA 
upon request.
    (3) Maintain product support and notification procedures to notify 
the public and the FAA of any defect or condition that causes an 
unmanned aircraft system to no longer meet the requirements of this 
subpart, within 15 calendar days of the date the person becomes aware 
of the defect or condition.


Sec.  89.515  Labeling.

    No person may produce a standard remote identification unmanned 
aircraft system or a limited remote identification unmanned aircraft 
system unless it displays a label indicating that the unmanned aircraft 
system meets the remote identification requirements of this part and 
indicating whether the unmanned aircraft system is a standard remote 
identification unmanned aircraft system or a limited remote 
identification unmanned aircraft system. The label must be in English 
and be legible, prominent, and permanently affixed to the unmanned 
aircraft.


Sec.  89.520  Submission of a declaration of compliance for FAA 
acceptance.

    (a) Eligibility. A person responsible for the production of 
standard remote identification unmanned aircraft systems or limited 
remote identification unmanned aircraft systems must submit a 
declaration of compliance for acceptance by the FAA.
    (b) Required information. The person responsible for the production 
of a standard remote identification unmanned aircraft system or a 
limited remote identification unmanned aircraft system requesting 
acceptance of a declaration of compliance must declare that the 
unmanned aircraft system complies with the requirements of this subpart 
by submitting a declaration of compliance to the FAA in a form and 
manner acceptable to the Administrator. The declaration must include at 
a minimum the following information:
    (1) The name, physical address, telephone number, and email address 
of the person responsible for production of the unmanned aircraft 
system.
    (2) The unmanned aircraft system's make and model.
    (3) The unmanned aircraft's serial number, or the range of serial 
numbers for which the person responsible for production is declaring 
compliance.
    (4) The means of compliance used in the design and production of 
the unmanned aircraft system and whether the unmanned aircraft system 
is a standard remote identification unmanned aircraft system or a 
limited remote identification unmanned aircraft system.
    (5) Whether the declaration of compliance is an initial declaration 
or an amended declaration, and if the declaration of compliance is an 
amended declaration, the reason for the amendment.
    (6) A declaration that the person responsible for the production of 
the unmanned aircraft system:

[[Page 72523]]

    (i) Can demonstrate that the unmanned aircraft system was designed 
and produced to meet the minimum performance requirements of Sec.  
89.310 or Sec.  89.320 by using an FAA-accepted means of compliance.
    (ii) Complies with the requirements of Sec.  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.


Sec.  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.


Sec.  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 Sec.  89.310 or Sec.  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.
    (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.
    (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.


Sec.  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.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
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).

0
16. Amend Sec.  91.215 by revising paragraphs (b) introductory text and 
(c) and adding paragraph (e) to read as follows:


Sec.  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, each person 
operating an aircraft equipped

[[Page 72524]]

with an operable ATC transponder maintained in accordance with Sec.  
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.
0
17. Amend Sec.  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:


Sec.  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--
* * * * *
    (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
    (ii) The use of ADS-B Out is otherwise authorized by the 
Administrator.

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

0
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.


Sec.  107.53   [Redesignated as Sec.  107.56]

0
19. Redesignate Sec.  107.53 as Sec.  107.56.
0
20. Add Sec. Sec.  107.52 and new 107.53 to subpart B to read as 
follows:


Sec.  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.


Sec.  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,
Administrator.
[FR Doc. 2019-28100 Filed 12-26-19; 11:15 am]
 BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.