Remote Identification of Unmanned Aircraft Systems
Federal RegisterDec 31, 2019
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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
http://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
http://www.regulations.gov.
Docket:
Background documents or comments received may be read at
http://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:
UASRemoteID@faa.gov.
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
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.
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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).
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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.
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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.
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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-
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
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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
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
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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.
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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
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 unmanned aircraft and conforming changes
Requires the individual registration of all unmanned aircraft registered under part 48
48.100
48.110
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.
48.5
48.30
48.115
48.200
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
47.14
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.
48.100
Adds clarifying language for existing registration requirements for part 107 operators
48.15
Telephone number(s) for applicant for registration
Requires telephone number(s) of applicant at time of registration
48.100
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.
89.110
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 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.
89.115
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 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
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
89.125
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
91.215
No person would be allowed to operate a small UAS with a transponder on, unless otherwise authorized by the Administrator.
107.52
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.
91.225
No person would be allowed to operate a small UAS with ADS-B Out equipment in transmit mode, unless otherwise authorized by the Administrator.
107.53
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
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
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-recognized identification area
89.215
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.
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 § 89.215.
Duration of an FAA-recognized identification area
89.225
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
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.
89.230
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 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:
○ The serial number assigned to the unmanned aircraft by the producer.
○ 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.
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.
89.310
• Time mark.
• Self-testing and monitoring.
• Tamper resistance.
• Connectivity.
• Error correction.
• Interference considerations.
• 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:
89.315
○ The serial number assigned to the unmanned aircraft by its producer.
○ 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 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.
89.320
• 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 following:
89.401
• 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 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
89.405
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 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
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):
89.501
• 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 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
89.510
• 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 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:
89.520
• 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).
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
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
• Unmanned aircraft system
• UAS service supplier.
• Visual line of sight.
1.1
• Amateur-built unmanned aircraft system
• Broadcast.
• Remote ID USS.
89.1
Abbreviations
• USS means a UAS service supplier
1.2
Falsification, Reproduction, Alteration, or Omission
Falsification, reproduction or alteration
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.
89.5
• 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.
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
Affected entity/category
10-year present value
(at 3%)
Annualized
(at 3%)
10-year present value
(at 7%)
Annualized
(at 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 investigations)
(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.
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.
• 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 UAS Integration
• 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-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
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.
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
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
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/;
http://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,
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
http://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 Nicolás 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
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 Générale 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
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.
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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.
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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.
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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.
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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.
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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.
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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:
○ 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.
○ 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
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).
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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.
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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.
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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
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.
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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.
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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
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
the remote identification requirements.
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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 § 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.
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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 § 107.31 absent a waiver.
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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 § 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.
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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.
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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.
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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
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.
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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
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