[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 4390-4513]
[FR Doc No: 2020-28948]

Vol. 86

Friday,

No. 10

January 15, 2021

Part IV

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 1, 11, 47, et al.

Remote Identification of Unmanned Aircraft; Final Rule

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules
and Regulations

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 11, 47, 48, 89, 91, and 107

[Docket No.: FAA-2019-1100; Amdt. Nos. 1-75, 11-63, 47-31, 48-3, 89-1,
91-361, and 107-7]
RIN 2120-AL31

Remote Identification of Unmanned Aircraft

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

ACTION: Final rule.

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SUMMARY: This action requires the remote identification of unmanned
aircraft. The remote identification of unmanned aircraft in the
airspace of the United States will address safety, national security,
and law enforcement concerns regarding the further integration of these
aircraft into the airspace of the United States, laying a foundation
for enabling greater operational capabilities.

DATES:
    Effective dates: This rule is effective March 16, 2021, except for
amendatory instruction 19, adding subpart C to part 89, which is
effective September 16, 2022.
    Incorporation by reference: The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of March 16, 2021.
    Compliance dates: Compliance with Sec. Sec.  89.510 and 89.515 is
required September 16, 2022. Compliance with Sec. Sec.  89.105, 89.110,
and 89.115, and subpart C of part 89 is required September 16, 2023.

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
(1-844-359-6981); email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Remote Identification Requirements
    B. Registration Requirements
    C. Elimination of the Network-Based Remote Identification
Requirement
    D. Summary of Benefits and Costs
II. Authority for This Rulemaking
III. Background
IV. Remote Identification of Unmanned Aircraft
    A. Clarification of Use of the Term Unmanned Aircraft in This
Rule
    B. Purpose for the Remote Identification of Unmanned Aircraft
    C. Public Comments and FAA Response
V. Terms Used in This Rule
    A. Definition of Unmanned Aircraft System
    B. Definition of Visual Line of Sight
    C. Definition of Broadcast
    D. Definition of Home-Built Unmanned Aircraft
    E. Definition of Declaration of Compliance
    F. Requests for Other Definitions
VI. Applicability of Operating Requirements
    A. Discussion of the Final Rule
    B. Public Comments and FAA Response
VII. Operating Requirements for Remote Identification
    A. Elimination of Network-Based Remote Identification
Requirement
    B. Limited Remote Identification UAS
    C. Standard Remote Identification Unmanned Aircraft
    D. Remote Identification Broadcast Modules
    E. Other Broadcast Requirements Applicable to Standard Remote
Identification Unmanned Aircraft and Unmanned Aircraft With Remote
Identification Broadcast Modules
    F. Unmanned Aircraft Without Remote Identification
VIII. Message Elements and Minimum Performance Requirements:
Standard Remote Identification Unmanned Aircraft
    A. Message Elements for Standard Remote Identification Unmanned
Aircraft
    B. Minimum Performance Requirements for Standard Remote
Identification Unmanned Aircraft
    C. Message Elements Performance Requirements for Standard Remote
Identification Unmanned Aircraft
IX. Message Elements and Minimum Performance Requirements: Remote
Identification Broadcast Modules
X. Privacy Concerns on the Broadcast of Remote Identification
Information
    A. Discussion of the Final Rule
    B. Public Comments and FAA Response
XI. Government and Law Enforcement Access to Remote Identification
Information
    A. Discussion of the Final Rule
    B. Public Comments and FAA Response
XII. FAA-Recognized Identification Areas
    A. Discussion of the Final Rule
    B. Eligibility
    C. Time Limit for Submitting an Application To Request an FAA-
Recognized Identification Area
    D. Process To Request an FAA-Recognized Identification Area and
FAA Review for Approval
    E. Official List of FAA-Recognized Identification Areas
    F. Amendment of the FAA-Recognized Identification Area
    G. Duration of an FAA-Recognized Identification Area,
Expiration, and Renewal
    H. Requests To Terminate an FAA-Recognized Identification Area
    I. Termination by FAA and Petitions To Reconsider the FAA's
Decision To Terminate an FAA-Recognized Identification Area
XIII. Means of Compliance
    A. Performance-Based Regulation
    B. Applicability and General Comments
    C. Submission of a Means of Compliance
    D. Acceptance of a Means of Compliance
    E. Rescission of FAA Acceptance of a Means of Compliance
    F. Record Retention Requirements
XIV. Remote Identification Design and Production
    A. Applicability of Design and Production Requirements
    B. Exceptions to the Applicability of Design and Production
Requirements
    C. Requirement To Issue Serial Numbers
    D. Labeling Requirements
    E. Production Requirements
    F. Accountability
    G. Filing a Declaration of Compliance
    H. Acceptance of a Declaration of Compliance
    I. Rescission of FAA Acceptance of a Declaration of Compliance
    J. Record Retention
XV. Registration
    A. Aircraft Registration Requirements
    B. Registration Fees for the Registration of Individual Aircraft
    C. Information Included in the Application for Registration
    D. Proposed Changes to the Registration Requirements To Require
a Serial Number as Part of the Registration Process
    E. Serial Number Marking
    F. Compliance Dates
XVI. Foreign Registered Civil Unmanned Aircraft Operated in the
United States
    A. Discussion of the Final Rule
    B. Public Comments and FAA Response
XVII. ADS-B Out and Transponders for Remote Identification
    A. Discussion of the Final Rule
    B. Public Comments and FAA Response
XVIII. Environmental Analysis
    A. Public Comments and FAA Response
XIX. Effective and Compliance Dates
    A. Effective Date of This Rule
    B. Production Requirements Compliance Date
    C. Operational Requirements Compliance Date
    D. Incentives for Early Compliance
XX. Comments on the Regulatory Impact Analysis--Benefits and Costs
    A. General Comments about Cost Impacts of the Rule
    B. Comments on Benefits and Cost Savings
    C. Comments on Data and Assumptions
    D. Comments on Regulatory Alternatives
    E. Miscellaneous Comments
XXI. Guidance Documents
XXII. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
XXIII. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments

    C. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory
Cooperation
    E. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
XXIV. Additional Information
    A. Availability of Rulemaking Documents
    B. Small Business Regulatory Enforcement Fairness Act

List of Abbreviations Frequently Used in This Document

AC--Advisory Circular
ADS-B--Automatic Dependent Surveillance-Broadcast
AGL--above ground level
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
LAANC--Low Altitude Authorization and Notification Capability
LOS--line-of-sight
MOA--Memorandum of Agreement
NPRM--notice of proposed rulemaking
OMB--Office of Management and Budget
UAS--Unmanned aircraft system
UAS-ID ARC--UAS Identification and Tracking Aviation Rulemaking
Committee
USS--UAS service supplier
UTM--Unmanned aircraft systems traffic management
VLOS--visual line of sight

I. Executive Summary

    This rule establishes requirements for the remote identification of
unmanned aircraft \1\ operated in the airspace of the United States.
Remote identification (commonly known as Remote ID) is the capability
of an unmanned aircraft in flight to provide certain identification,
location, and performance information that people on the ground and
other airspace users can receive. The remote identification of unmanned
aircraft is necessary to ensure public safety and the safety and
efficiency of the airspace of the United States. Remote identification
provides airspace awareness to the FAA, national security agencies, law
enforcement entities, and other government officials. The information
can be used to distinguish compliant airspace users from those
potentially posing a safety or security risk. Remote identification
will become increasingly important as the number of unmanned aircraft
operations increases in all classes of airspace in the United States.
While remote identification capability alone will not enable routine
expanded operations, such as operations over people or beyond visual
line of sight, it is the next incremental step toward enabling those
operations.
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    \1\ The FAA does not use the terms unmanned aircraft system and
unmanned aircraft interchangeably. The FAA uses the term unmanned
aircraft as defined in 14 CFR 1.1 to refer specifically to the
unmanned aircraft itself. The FAA uses the term unmanned aircraft
system to refer to both the unmanned aircraft and any communication
links and components that control the unmanned aircraft. As
explained in section V.A of this rule, the FAA is adding the
definition of unmanned aircraft system to 14 CFR part 1.
    The FAA acknowledges that UAS may have components produced by
different manufacturers (e.g., an unmanned aircraft could be
manufactured by one manufacturer and the control station could be
manufactured by another). In addition, unmanned aircraft that
operate beyond the radio-line-of-sight may use third-party
communication links. As finalized, the remote identification
requirements in this final rule apply to the operation and the
design and production of unmanned aircraft. Unmanned aircraft
producers are responsible for ensuring that the unmanned aircraft
comply with the design and production requirements of this rule even
when the unmanned aircraft uses control station equipment (such as a
smart phone) or communication links manufactured by a different
person. The unmanned aircraft producer must address how any
dependencies on control station functionality are incorporated as
part of the remote identification design and production
requirements.
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    Unmanned aircraft operating in the airspace of the United States
are subject to the operating requirements of this rule, irrespective of
whether they are operating for recreational or commercial purposes. The
rule requires operators to seek special authorization to operate
unmanned aircraft without remote identification for aeronautical
research and other limited purposes.
    Unmanned aircraft produced for operation in the airspace of the
United States are subject to the production requirements of this rule.
There are limited exceptions allowing the production of unmanned
aircraft without remote identification, which include home-built
unmanned aircraft and unmanned aircraft of the United States
Government, amongst others.

A. Remote Identification Requirements

    There are three ways to comply with the operational requirements
for remote identification. The first way is to operate a standard
remote identification unmanned aircraft that broadcasts identification,
location, and performance information of the unmanned aircraft and
control station. The second way to comply is by operating an unmanned
aircraft with a remote identification broadcast module. The broadcast
module, which broadcasts identification, location, and take-off
information, may be a separate device that is attached to an unmanned
aircraft, or a feature built into the aircraft. The third way to comply
allows for the operation of unmanned aircraft without any remote
identification equipment, where the UAS is operated at specific FAA-
recognized identification areas. The requirements for all three of
these paths to compliance are specified in this rule.
    Except in accordance with the requirements of this rule, no
unmanned aircraft can be produced for operation in the airspace of the
United States after September 16, 2022, and no unmanned aircraft can be
operated in the airspace of the United States after September 16, 2023.
1. Standard Remote Identification Unmanned Aircraft
    Standard remote identification unmanned aircraft broadcast the
remote identification message elements directly from the unmanned
aircraft from takeoff to shutdown. The required message elements
include: (1) A unique identifier to establish the identity of the
unmanned aircraft; (2) an indication of the unmanned aircraft latitude,
longitude, geometric altitude, and velocity; (3) an indication of the
control station latitude, longitude, and geometric altitude; (4) a time
mark; and (5) an emergency status indication. Operators may choose
whether to use the serial number of the unmanned aircraft or a session
ID (e.g., an alternative form of identification that provides
additional privacy to the operator) as the unique identifier. The
required message elements for standard remote identification unmanned
aircraft are discussed in section VIII.A of this preamble.
    A person can operate a standard remote identification unmanned
aircraft 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 rule
from takeoff to shutdown; (3) its remote identification equipment and
functionality have not been disabled; and (4) the Certificate of
Aircraft Registration of the unmanned aircraft used in the operation
must include the serial number of the unmanned aircraft, as per
applicable requirements of parts 47 and 48, or the serial number of the
unmanned aircraft must be provided to the FAA in a notice of
identification pursuant to Sec.  89.130 prior to the operation.
    Persons operating a standard remote identification unmanned
aircraft in the airspace of the United States must comply with the
operational rules in subpart B of part 89 by September 16, 2023.
    Operating requirements for standard remote identification unmanned
aircraft are discussed in greater detail in section VII.C of this
preamble.

2. Remote Identification Broadcast Modules
    An unmanned aircraft can be equipped with a remote identification
broadcast module that broadcasts message elements from takeoff to
shutdown. The required message elements include: (1) The serial number
of the broadcast module assigned by the producer; (2) an indication of
the latitude, longitude, geometric altitude, and velocity of the
unmanned aircraft; (3) an indication of the latitude, longitude, and
geometric altitude of the unmanned aircraft takeoff location; and (4) a
time mark. The required message elements for remote identification
broadcast modules are discussed in section IX of this preamble.
    Persons can operate an unmanned aircraft equipped with a remote
identification broadcast module only if: (1) The remote identification
broadcast module meets the requirements of this rule; (2) the serial
number of the remote identification broadcast module is listed on an
FAA-accepted declaration of compliance; (3) the Certificate of Aircraft
Registration of the unmanned aircraft used in the operation includes
the serial number of the remote identification broadcast module, or the
serial number of the unmanned aircraft must be provided to the FAA in a
notice of identification pursuant to Sec.  89.130 prior to the
operation; (4) from takeoff to shutdown the remote identification
broadcast module broadcasts the remote identification message elements
from the unmanned aircraft; and (5) the person manipulating the flight
controls of the unmanned aircraft system must be able to see the
unmanned aircraft at all times throughout the operation.
    A person operating an unmanned aircraft equipped with a remote
identification broadcast module in the airspace of the United States
must comply with the operational rules in subpart B of part 89 by
September 16, 2023.
    The operating requirements for remote identification broadcast
modules are discussed in greater detail in section VII.D of this
preamble.
3. Unmanned Aircraft Without Remote Identification Equipment
    This rule requires all unmanned aircraft operating in the airspace
of the United States to have remote identification capabilities, except
as described below.
    Upon full implementation of this rule, most unmanned aircraft will
have to be produced as standard remote identification unmanned
aircraft. However, there will be some unmanned aircraft (e.g., home-
built unmanned aircraft and existing unmanned aircraft produced prior
to the date of compliance of the production requirements of this rule)
that might not meet the requirements for standard remote identification
unmanned aircraft.
    Persons operating an unmanned aircraft without remote
identification in the airspace of the United States must comply with
the operational rules in subpart B of part 89 by September 16, 2023.
Unless operating under an exception to the remote identification
operating requirements, a person operating an unmanned aircraft without
remote identification must always operate within visual line of sight
\2\ and within an FAA-recognized identification area.
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    \2\ Part 89 limits unmanned aircraft without remote
identification and unmanned aircraft with remote identification
broadcast modules to visual line of sight operations. Nothing in
part 89 authorizes beyond visual line of sight (BVLOS) operations
for any unmanned aircraft; such authority will spring from other FAA
regulations.
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    An FAA-recognized identification area is a defined geographic area
where persons can operate UAS without remote identification, provided
they maintain visual line of sight. Persons eligible to request
establishment of FAA-recognized identification areas include community-
based organizations recognized by the Administrator and educational
institutions including primary and secondary educational institutions,
trade schools, colleges, and universities. The FAA will begin accepting
applications for FAA-recognized identification areas on September 16,
2022. The FAA will maintain a list of FAA-recognized identification
areas at https://www.faa.gov. FAA-recognized identification areas are
discussed further in section XII of this preamble.
4. Prohibition Against the Use of ADS-B Out and Transponders
    This rule prohibits use of ADS-B Out and transponders for UAS
operations under 14 CFR part 107 unless otherwise authorized by the
FAA, and defines when ADS-B Out is appropriate for UAS operating under
part 91. The FAA is concerned the potential proliferation of ADS-B Out
transmitters on unmanned aircraft may negatively affect the safe
operation of manned aircraft in the airspace of the United States. The
projected numbers of unmanned aircraft operations have the potential to
saturate available ADS-B frequencies, affecting ADS-B capabilities for
manned aircraft and potentially blinding ADS-B ground receivers.
Therefore, unmanned aircraft operators, with limited exceptions, are
prohibited from using ADS-B Out or transponders. The prohibition
against the use of ADS-B Out and transponders is discussed in section
XVII of this preamble.
    Persons must comply with the ADS-B Out and transponder prohibition
as of March 16, 2021.
5. Design and Production
    Standard remote identification unmanned aircraft and remote
identification broadcast modules must be designed and produced to meet
the requirements of this rule. The FAA recognizes that UAS technology
is continually evolving, making it necessary to harmonize new
regulatory action with technological advancements. To promote that
harmonization, the FAA is implementing performance-based requirements
to describe the desired outcomes, goals, and results for remote
identification without establishing a specific means or process for
regulated entities to follow.
    A person designing or producing a standard remote identification
unmanned aircraft or broadcast module for operation in the United
States must show that the unmanned aircraft or broadcast module meets
the requirements of an FAA-accepted means of compliance. A means of
compliance describes the methods by which the person complies with the
performance-based requirements for remote identification.
    Under this rule, anyone can create a means of compliance; however,
the FAA must accept that means of compliance before it can be used for
the design or production of any standard remote identification unmanned
aircraft or remote identification broadcast module. A person seeking
acceptance by the FAA of a means of compliance for standard remote
identification unmanned aircraft or remote identification broadcast
modules is required to submit the means of compliance to the FAA. The
FAA reviews the means of compliance to determine if it meets the
minimum performance requirements and includes appropriate testing and
validation procedures in accordance with the rule. Specifically, the
person must submit a detailed description of the means of compliance, a
justification for how the means of compliance meets the minimum
performance requirements of the rule, and any substantiating material
the person wishes the FAA to consider as part of the application. FAA-
accepted consensus standards are one way, but not the only way, to show
compliance

with the performance requirements of this rule. Accordingly, the FAA
encourages consensus standards bodies to develop means of compliance
and submit them to the FAA for acceptance.\3\
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    \3\ A means of compliance is not considered to be ``FAA-
accepted'' until the means of compliance has been evaluated by the
FAA, the submitter has been notified of acceptance, and the means of
compliance has been published at https://www.faa.gov as available
for use in meeting the requirements of part 89.
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    The FAA indicates 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 will not disclose
commercially sensitive information from the means of compliance that
has been marked as such. The FAA may disclose the non-proprietary
broadcast specification and radio frequency spectrum so that sufficient
information is available to develop receiving and processing equipment
and software for the FAA, law enforcement, and members of the public.
    See section XIII of this preamble for more information on means of
compliance and FAA acceptance.
    In addition, a person responsible for the production of standard
remote identification unmanned aircraft (with limited exceptions) or
remote identification broadcast modules is required to:
     Issue each unmanned aircraft or remote identification
broadcast module a serial number that complies with the ANSI/CTA-2063-A
serial number standard.
     Label the unmanned aircraft or remote identification
broadcast module to indicate that it is remote identification
compliant.
     Submit a declaration of compliance for acceptance by the
FAA, declaring that the standard remote identification unmanned
aircraft or remote identification broadcast module complies with the
requirements of the rule.
    A person producing a standard remote identification unmanned
aircraft for operation in the airspace of the United States must comply
with the requirements of subpart F of part 89 by September 16, 2022.
    A person producing a remote identification broadcast module must
comply with the requirements of subpart F of part 89 by March 16, 2021.
    See the design and production requirements in section XIV of this
preamble for more information about the production requirements for
standard remote identification unmanned aircraft and remote
identification broadcast modules, and the process for declarations of
compliance.

B. Registration Requirements

    The FAA proposed requiring all unmanned aircraft, including those
used for limited recreational operations, to obtain a unique
registration number. After reviewing comments and further
consideration, the FAA decided not to adopt this requirement. Owners of
small unmanned aircraft used in civil operations (including commercial
operations), limited recreational operations,\4\ or public aircraft
operations, among others, continue to be eligible to register the
unmanned aircraft under part 48 in one of two ways: (1) Under an
individual registration number issued to each unmanned aircraft; or (2)
under a single registration number issued to an owner of multiple
unmanned aircraft used exclusively for limited recreational operations.
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    \4\ The FAA is revising its regulations and guidance documents
to delete references to ``model aircraft.'' Consistent with the
exception for limited recreational operations of unmanned aircraft
in 49 U.S.C. 44809, the FAA now refers to recreational unmanned
aircraft or limited recreational operations of UAS.
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    The FAA adopts the requirement tying remote identification
requirements to registration requirements and the requirements to
submit the unmanned aircraft's serial number and other information.
    This rule also revises and adopts certain requirements originally
established in the interim final rule on Registration and Marking
Requirements for Small Unmanned Aircraft.\5\ These requirements
directly affect registration-related proposals made in the Remote
Identification of Unmanned Aircraft Systems NPRM (``the NPRM'') (84 FR
72438, Dec. 31, 2019). See section XV of this preamble for more
information about registration requirements.
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    \5\ 80 FR 78593.
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C. Elimination of the Network-Based Remote Identification Requirement

    In the NPRM, the FAA proposed requiring standard remote
identification UAS and limited remote identification UAS to transmit
remote identification message elements through a network connection.\6\
To comply with this requirement, UAS would have had to transmit the
remote identification message elements through the internet to a third-
party service provider, referred to as a Remote ID UAS Service Supplier
(USS). Remote ID USS would have collected and, as appropriate,
disseminated the remote identification information through the
internet.
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    \6\ As used in this rule, terms such as ``network,'' ``network-
based requirement,'' ``network solution,'' ``network framework,''
and ``network transmission'' typically refer to the transmission of
remote identification message elements through an internet
connection to a Remote ID USS, as proposed in the NPRM.
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    In response to the NPRM, the FAA received significant feedback
about the network requirement identifying both public opposition to,
and technical challenges with, implementing the network requirements.
The FAA had not foreseen or accounted for many of these challenges when
it proposed using the network solution and USS framework. After careful
consideration of these challenges, informed by public comment, the FAA
decided to eliminate the requirement in this rulemaking to transmit
remote identification messages through an internet connection to a
Remote ID USS.
    Without the requirement to transmit remote identification through
the internet, limited remote identification UAS, as proposed, would
have no means to disseminate remote identification information. As a
result, limited remote identification UAS as proposed in the NPRM are
no longer a viable concept. Nonetheless, the FAA recognizes the need
for the existing unmanned aircraft fleet to be able to comply with
remote identification requirements. To meet that need, the FAA
incorporates a modified regulatory framework in this rule under which
persons can retrofit unmanned aircraft with remote identification
broadcast modules.
    The FAA's decision to eliminate the network-based remote
identification requirement is discussed in greater detail in section
VII.A of this preamble.

D. Summary of Benefits and Costs

    This rule requires remote identification of unmanned aircraft to
address safety, security, and law enforcement concerns regarding the
further integration of these aircraft into the airspace of the United
States. The remote identification framework promotes compliance by
operators of unmanned aircraft by providing UAS-specific data, which
may be used in tandem with new technologies and infrastructure to
provide airspace awareness to the FAA, national security agencies, law
enforcement entities, and other government officials which can

use the data to discern compliant airspace users from those potentially
posing a safety or security risk. In addition, as being finalized, the
rule reduces obsolescence of the existing unmanned aircraft fleet.
    This rule results in additional costs for persons responsible for
the production of unmanned aircraft, owners and operators of registered
unmanned aircraft, entities requesting the establishment of an FAA-
recognized identification area, and the FAA. This rule provides cost
savings for the FAA from a reduction in hours and associated costs
expended investigating unmanned aircraft incidents.\7\
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    \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 unmanned aircraft identification
and incident reporting, response, and investigation.
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    The analysis of this rule is based on the fleet forecast for small
unmanned aircraft as published in the FAA Aerospace Forecast 2020-
2040.\8\ The FAA 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 rule to be the base scenario. For the primary estimate,
over a 10-year period of analysis this rule would result in present net
value costs of about $227.1 million at a three percent discount rate
with annualized net costs of about $26.6 million. At a seven percent
discount rate, the present value net costs are about $186.5 million
with annualized net costs of $26.6 million.
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    \8\ FAA Aerospace Forecast Fiscal Years 2020-2040, available at
https://www.faa.gov/data_research/aviation/aerospace_forecasts/media/FY2020-40_FAA_Aerospace_Forecast.pdf. The forecast provides a
base (i.e., likely) with high (or optimistic) and low (or
pessimistic) scenarios.
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    The following table presents a summary of the primary estimates of
the quantified costs and cost savings of this rule, as well as
estimates for the low and high forecast scenarios. Additional details
are provided in the Regulatory Evaluation section of this rule and in
the Regulatory Impact Analysis available in the docket for this
rulemaking.

                                    Table 1--Costs and Savings of Final Rule
                                                  [$Millions] *
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                                                10 Year present    Annualized    10 Year present    Annualized
               Forecast scenario                   value (3%)         (3%)          value (7%)         (7%)
----------------------------------------------------------------------------------------------------------------
Base Scenario--Primary Estimate:
    Costs.....................................           230.69           27.04           189.38           26.96
    Cost Savings..............................           (3.58)          (0.42)           (2.85)          (0.41)
                                               -----------------------------------------------------------------
        Net Costs.............................           227.11           26.62           186.53           26.56
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Low Scenario:
    Costs.....................................           217.08           25.45           178.60           25.43
    Cost Savings..............................           (3.47)          (0.41)           (2.77)          (0.39)
                                               -----------------------------------------------------------------
        Net Costs.............................           213.61           25.04           175.83           25.03
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High Scenario:
    Costs.....................................           250.18           29.33           204.90           29.17
    Cost Savings..............................           (3.74)          (0.44)           (2.98)          (0.42)
                                               -----------------------------------------------------------------
        Net Costs.............................           246.44           28.89           201.92           28.75
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* Table notes: Columns may not sum to total due to rounding. Savings are shown in parenthesis to distinguish
  from costs. Estimates are provided at three and seven percent discount rates per Office of Management and
  Budget (OMB) guidance.

    The final rule incorporates several important changes that reduce
costs and provide additional flexibilities compared to the proposed
rule. These include simplifying the approach to remote identification
by requiring only broadcast transmission of data, and authorizing a
remote identification broadcast module option that enables retrofitting
of unmanned aircraft that do not meet the requirements for standard
remote identification unmanned aircraft. These changes allow unmanned
aircraft built without remote identification (e.g., existing unmanned
aircraft fleet, home built unmanned aircraft) to be operated outside of
FAA-recognized identification areas. These changes also eliminate the
requirement for a person to connect the unmanned aircraft to the
internet. This shift allows unmanned aircraft with remote
identification broadcast modules to operate in areas where the internet
is unavailable. As a result, the final rule reduces compliance costs
compared to the proposed rule.
    The net costs of the final rule have decreased by about 60 percent
as compared to the proposed rule. The NPRM stated that the primary
estimate over a 10-year period of analysis for the proposed rule would
have resulted 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
for the proposed rule were about $474 million with annualized net costs
of $67 million.
    The FAA expects this rule will result in several important benefits
and enhancements to support safety and security in the airspace of the
United States. Remote identification provides information that helps
address existing challenges faced by the FAA, law enforcement entities,
and national security agencies responsible for the safety and security
of the airspace of the United States. As unmanned aircraft operations
increase, so does the risk of unmanned aircraft being operated in close
proximity to manned aircraft, or people and property on the ground, or
in airspace unsuitable for these operations. Remote identification
provides a means to identify these aircraft and locate the person who
controls them (e.g., operators, pilots in command). It allows the FAA,
law

enforcement, and national security agencies to distinguish compliant
airspace users from those potentially posing a safety or security risk.
It permits the FAA and law enforcement to conduct oversight of persons
operating UAS and to determine whether compliance actions, enforcement,
educational, training, or other types of actions are needed to mitigate
safety or security risks and foster increased compliance with
regulations. Remote identification data also informs the public and
users of the airspace of the United States of the local operations that
are being conducted at any given moment.

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 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 has 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.
    In addition, 49 U.S.C. 44809(f) provides that the Administrator is
not prohibited from promulgating rules generally applicable to unmanned
aircraft, including those UAS 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 to establish the
registration requirements and registration processes.
    This rulemaking is also 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.
    Finally, this rulemaking is also being issued consistent with DOT's
regulatory policy which requires that DOT regulations ``be
technologically neutral, and, to the extent feasible, they should
specify performance objectives, rather than prescribing specific
conduct that regulated entities must adopt.'' \9\
---------------------------------------------------------------------------

    \9\ 49 CFR 5.5(e).
---------------------------------------------------------------------------

III. Background

    The rapid proliferation of unmanned aircraft 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 Administrator and Secretary jointly published an interim final rule
in the Federal Register titled Registration and Marking Requirements
for Small Unmanned Aircraft (``Registration Rule''),\10\ which provides
for a web-based aircraft registration process for small unmanned
aircraft in 14 CFR part 48 that serves as an alternative to the
registration requirements for aircraft established in 14 CFR part 47.
The Registration Rule imposes marking requirements on small unmanned
aircraft registered under part 48, according to which the small
unmanned aircraft must display a unique identifier in a manner that is
visible upon inspection. The unique identifier could be the
registration number issued to an individual or to the small unmanned
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 but not limited
to 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 but not
limited to search-and-rescue, border patrol, and research activities.
The 2016 Rule allows certain operations of small UAS to be conducted in
the airspace of the United States without an airworthiness certificate,
exemption, or COA.
---------------------------------------------------------------------------

    \11\ 81 FR 42064.
---------------------------------------------------------------------------

    The 2016 Rule also imposed certain restrictions on small UAS
operations. The restrictions included 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
2016 Rule took effect on August 29, 2016, most low-risk small UAS
operations that were previously authorized on a case-by-case basis
under

section 333 of Public Law 112-95 became routine operations. With some
exceptions,\12\ these operations are now permitted without further
interaction with the FAA if they comply with the requirements of part
107. Publishing part 107 was the first significant regulatory step to
enable lower risk, less complex UAS operations in the airspace of the
United States.
---------------------------------------------------------------------------

    \12\ See, e.g., 14 CFR 107.41 (requiring prior FAA authorization
for small unmanned aircraft operation in certain types of airspace).
---------------------------------------------------------------------------

    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 unmanned aircraft systems traffic
management (UTM).
    Additional congressional action supports the implementation of
remote identification requirements for most UAS. Section 349 of the FAA
Reauthorization Act of 2018 goes so far as to indicate that the
Administrator may promulgate rules requiring remote identification of
UAS and apply those rules to UAS used for limited recreational
operations.\13\ The provision denotes Congress' acknowledgment that
remote identification is an essential part of the UAS regulatory
framework.
---------------------------------------------------------------------------

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

    On February 13, 2019, the FAA published three rulemaking documents
in the Federal Register as part of the next phase of 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 UTM, additional
payload restrictions, and whether the Agency should prescribe UAS
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.
---------------------------------------------------------------------------

    On December 31, 2019, the FAA published the Remote Identification
of Unmanned Aircraft Systems NPRM. The FAA received approximately
53,000 comments on the NPRM. A significant amount of the comments were
submitted by individuals, many of whom identified as recreational
flyers. In addition, the FAA received numerous comments from UAS
manufacturers, other aviation manufacturers, organizations representing
UAS interest groups, organizations representing various sectors of
manned aviation, State and local governments, news media organizations,
academia, and others.

IV. Remote Identification of Unmanned Aircraft

A. Clarification of Use of the Term Unmanned Aircraft in This Rule

    As a result of the comments concerning the use of the term unmanned
aircraft system (UAS), the FAA clarifies that the term ``unmanned
aircraft'' is used when referring to the aircraft, and UAS is used when
referring to the entire system, including the control station.
    The FAA acknowledges that UAS may have components produced by
different manufacturers (e.g., an unmanned aircraft could be
manufactured by one manufacturer and the control station could be
manufactured by another). In addition, unmanned aircraft that operate
beyond the range of the radio signal being transmitted from the control
station may use third-party communication links, such as the cellular
network. As finalized, the remote identification requirements in this
rule apply to the operation, and the design and production of unmanned
aircraft. Unmanned aircraft producers are responsible for ensuring that
the unmanned aircraft comply with the design and production
requirements of this rule even when the unmanned aircraft uses control
station equipment (such as a smart phone) or communication links
manufactured by a different person. The unmanned aircraft producer must
address how any dependencies on control station functionality are
incorporated as part of the remote identification design and production
requirements.

B. Purpose for the Remote Identification of Unmanned Aircraft

    UAS are fundamentally changing aviation and the FAA is committed to
working to fully integrate them into the airspace of the United States.
The next step in that integration is enabling unmanned aircraft
operations over people and at night. Remote identification of unmanned
aircraft is a critical element to enable those operations that
addresses safety and security concerns.
    Remote identification is the capability of an unmanned aircraft in
flight to provide identification, location, and performance information
that people on the ground and other airspace users can receive. In its
most basic form, remote identification can be described as an
electronic identification or a ``digital license plate'' for UAS.
    Remote identification provides information that helps address
existing challenges of the FAA, law enforcement entities, and national
security agencies responsible for the safety and security of the
airspace of the United States. As a wider variety of UAS operations
such as operations over people are made available, the risk of unmanned
aircraft being operated in an unsafe manner, such as in close proximity
to people and property on the ground, is increased. Remote
identification provides a means to identify these aircraft and locate
the person who controls them (e.g., operators, pilots in command). It
allows the FAA, law enforcement, and national security agencies to
distinguish compliant airspace users from those potentially posing a
safety or security risk. It permits the FAA and law

enforcement to conduct oversight of persons operating unmanned aircraft
and to determine whether compliance actions, enforcement, educational,
training, or other types of actions are needed to mitigate safety or
security risks and foster increased compliance with regulations.
    The requirements for the identification of manned and unmanned
aircraft form an integral part of the FAA's regulatory framework. Prior
to this rule, the requirements included aircraft registration and
marking and electronic identification using transponders and Automatic
Dependent Surveillance-Broadcast (ADS-B). This rule creates a new
regulation, 14 CFR part 89, which establishes the remote identification
requirements for unmanned aircraft. These requirements are particularly
important for unmanned aircraft because the person operating the
unmanned aircraft is not onboard the aircraft, creating challenges for
associating the aircraft with its operator. In addition, the small size
of many unmanned aircraft means the registration marking is only
visible upon close inspection, making visual identification of unmanned
aircraft in flight difficult or impossible.
    As discussed in the NPRM, the remote identification framework is
necessary to enable expanded UAS operations and further integration.
This final rule scales that framework to support the next steps in that
integration: Operations over people and operations at night. Though the
NPRM discussed remote identification as a building block for UAS
Traffic Management (UTM), the FAA has determined that, at this time,
this rule will only finalize the broadcast-based remote identification
requirements. See section VII.A of this preamble for a discussion on
the FAA's decision to eliminate network-based remote identification
requirements at this time. The broadcast-based approach of this rule
contains the minimum requirements necessary to allow for remote
identification of unmanned aircraft under the current operational
rules.

C. Public Comments and FAA Response

1. General Support for Remote Identification
    Comments: Many commenters expressed general support for the NPRM,
including the Helicopter Association International, the League of
California Cities, and, commenting jointly, the Michigan Department of
Transportation Office of Aeronautics, Michigan Aeronautics Commission,
and Michigan Unmanned Aircraft Systems Task Force. Most commenters in
support of the rule cited improvements to safety and privacy.
Commenters expressed that with UAS becoming increasingly widespread,
the rule would make identification easier, increase the safety of
airspace, particularly for manned aircraft operating at the same
altitudes as unmanned aircraft, and protect citizens' privacy.\17\
---------------------------------------------------------------------------

    \17\ Though remote identification potentially allows for greater
ability of law enforcement to locate the person controlling an
unmanned aircraft, this rule has not been promulgated for the
purpose of addressing concerns about unmanned aircraft that violate
privacy laws.
---------------------------------------------------------------------------

    The International Association of Amusement Parks and Attractions
supported the rule, stating that the rule would enhance situational
awareness and foster accountability of the operator and improved
knowledge for the FAA, law enforcement, and operators of certain
facilities identified by Congress in section 2209 of the FAA Extension,
Safety and Security Act of 2016.\18\ The Edison Electric Institute,
American Public Power Association, and National Rural Electric
Association, commenting jointly, expressed support for the rule and for
FAA's real-time access to UAS location information, particularly over
energy infrastructure. Various institutions of higher education
expressed support for remote identification and mentioned it would
assist law enforcement agencies affiliated with said institutions to
better identify UAS operators, particularly where the UAS poses risk or
nuisance to bystanders, facilities, or other aircraft.
---------------------------------------------------------------------------

    \18\ Section 2209 requires ``the Secretary of Transportation to
establish a process to allow applicants to petition the
Administrator of the Federal Aviation Administration to prohibit or
restrict the operation of an unmanned aircraft in close proximity to
a fixed site facility.'' The FAA Extension, Safety and Security Act
of 2016, Public Law 114-190, sec. 2209, 130 Stat. 615, 633-635
(2016).
---------------------------------------------------------------------------

    The National Transportation Safety Board stated it had no technical
objections provided the FAA can ensure that remote identification
functions do not interfere with aviation safety.
    FAA Response: The FAA acknowledges the support of commenters and
finalizes this rule and related policies to implement a remote
identification framework that provides near-real time information
regarding unmanned aircraft operations and increases situational
awareness of unmanned aircraft to the public, operators of other
aircraft, law enforcement and security officials, and other related
entities.
2. General Opposition to Remote Identification
    The FAA received a multitude of comments opposing remote
identification. Many of the commenters opposed the concept, as a whole,
while others expressed opposition to specific aspects, concepts, or
proposed in the NPRM.
    Comments: Among the comments expressing general disagreement with
the proposed rule was one of the two form letters written and submitted
by the First Person View Freedom Coalition (FPVFC) and 90 of its
members. The commenters argued that the proposed rule would have many
negative effects, including destroying the hobby of building and flying
recreational remote controlled aircraft, making the sport of drone
racing illegal, ending the ``multi-million [dollar] cottage industry
around home built drones,'' outlawing ``acrobatic drone videography,''
imposing costs on both hobbyists and the drone industry by making
current fleets obsolete, and making criminals of hobbyists. These
commenters asked the FAA to rewrite the proposed rule with input from
the FPVFC and Academy of Model Aeronautics (AMA). Similar concerns were
common among many other commenters who opposed the NPRM in general
terms. Instead of finalizing the rule as proposed, a member of the
executive board for the AMA suggested the FAA adopt a ``technology
agnostic'' approach to remote identification, so a variety of technical
solutions could be used to meet the remote identification needs.
    The most common objections to the proposed rule were that it would
impose burdens and costs that would make it difficult or impossible for
hobbyists to fly model aircraft; that it would impose an unnecessary
financial burden on UAS or model aircraft owners; and that it would
harm or end the recreational UAS hobby. Commenters noted that it would
be very difficult to upgrade many existing UAS because of the burden of
carrying and powering new equipment such as navigation receivers and
remote identification transmitters. They argued that this would reduce
available flight time and could affect safety of operations if the
additional weight is excessive. The FPVFC form letter and many other
comments included similar objections.
    Many commenters, including 33 persons who submitted a form letter
addressed as the ``Traditional Hobbyist Form Letter Campaign,'' argued
that the proposed rule would not achieve its

objectives of providing safety for the airspace of the United States
and protecting national security. Many of these commenters questioned
whether the FAA provided an adequate justification for the proposed
rule, with many commenters stating the FAA has not demonstrated that
UAS are dangerous. The commenters questioned the need for the rule,
often stating that existing regulations and standards are sufficient
for protecting public safety. They mentioned that historically UAS have
not been dangerous and have not caused fatalities and indicated the FAA
should concentrate on enforcing current rules. A related and separate
statement repeatedly made by commenters was that model aircraft are not
dangerous. These comments often distinguish between model aircraft and
other UAS, stating that model aircraft are not dangerous because they
must remain in the pilot's visual line of sight to stay airborne due to
lack of navigation equipment, flight planning capability, flight
stabilization, first person view capability, or automation that is
common on newer UAS. Some commenters saw the proposed rule as an
attempt to privatize the airspace in which UAS and model aircraft
operate.
    Commenters indicated remote identification would have negative
effects. Many stated the proposed rule would harm innovation in the UAS
industry. Others believed it would harm the educational and research
potential of UAS or model aviation. Commenters pointed to model
aviation driving young people's interest in science, technology,
engineering, and math fields and aviation; and providing educational
benefits that relate to these fields. Those commenters believed the
rule would contribute to exacerbating a national shortage of manned
aircraft pilots.
    Many commenters believed the rule would be unenforceable. A related
argument was that only lawful flyers would follow the rules and that
the rule would do nothing to change the behavior of bad actors. Some
expressed concerns for widespread noncompliance with the rule.
    A significant number of commenters opposed any regulation of UAS
used for recreational operations.
    A number of commenters believed remote identification requirements
for UAS are stricter than ADS-B Out or transponder requirements for
manned aircraft. Several commenters suggested permitting UAS operations
without remote identification in uncontrolled airspace and away from
airports, similar to the requirements for ADS-B Out that only apply in
certain airspace. Commenters also stated that manned aircraft should be
required to broadcast ADS-B Out in all airspace if all UAS are required
to transmit remote identification. Several commenters also noted that
manned aircraft were offered grants and rebates to help cover the cost
of ADS-B implementation and had over 10 years to equip for ADS-B Out
compared to the shorter implementation time proposed for remote
identification.
    FAA Response: The FAA acknowledges the significant number of
comments opposing the proposed regulation and related policies. After
further consideration of public comments, the FAA has modified some of
the remote identification policies in the final rule, as further
discussed throughout this preamble, to reduce the burdens on unmanned
aircraft operators and producers while maintaining the necessary
requirements to address the safety and security needs of the FAA, law
enforcement, and national security agencies. The FAA does not agree
with commenters who believed remote identification will harm innovation
in the UAS industry. On the contrary, the Agency believes that this
performance-based regulation provides opportunities for innovation and
growth of the UAS industry by addressing the security concerns
associated with unmanned aircraft flight at night and over people. In
addition, the FAA does not agree that the remote identification
requirements are stricter than ADS-B Out requirements. Remote
identification has fewer technical requirements compared to ADS-B, and
this rule provides accommodations for unmanned aircraft operations
without remote identification.
    The FAA does not agree that the requirements of this rule are
unenforceable. In fact, the enforcement mechanism for this rule will in
many respects parallel existing regulatory compliance activities for
manned aviation. The Agency intends to meet its statutory and
regulatory compliance and enforcement responsibilities by following a
documented compliance and enforcement program that includes legal
enforcement action, including civil penalties and certificate actions,
as appropriate, to address violations and help deter future violations.
    Many commenters opposed remote identification because they believed
it would impact the recreational UAS community. The remote
identification requirements apply to unmanned aircraft operating in the
airspace of the United States irrespective of what the unmanned
aircraft are being used for. However, the FAA has incorporated
additional flexibilities into this rule to facilitate compliance with
the remote identification requirements. For example, an operator of an
unmanned aircraft without remote identification can now retrofit the
unmanned aircraft with a remote identification broadcast module to
identify remotely. See section VII.D of this preamble for further
discussion of remote identification broadcast modules.
    The Agency has also eliminated the requirement to transmit remote
identification message elements through the internet to a Remote ID
USS, which will decrease costs to operators by eliminating the
potential for subscription fees. See section VII.A of this preamble for
further discussion on the elimination of the limited remote
identification UAS concept. The revised rule also increases the
availability of FAA-recognized identification areas where operations
may occur without remote identification equipment. See section XII of
this preamble for further discussion on FAA-recognized identification
areas. The FAA also revised the definition of amateur-built UAS as
discussed in section V.D of this preamble. The term is now addressed in
this rule as home-built unmanned aircraft.
3. Alternatives Proposed by Commenters
    Many commenters, including the Academy of Model Aeronautics,
AirMap, American Farm Bureau Federation, the Experimental Aircraft
Association, Flite Test, Kittyhawk, and the Small UAV Coalition noted
that the best path to widespread compliance is a simple, affordable
solution. They recommended an application-based interface that would
permit a UAS operator to self-declare an operational area and time
either at the beginning, or in advance of, operations in areas where
internet service might not be available, similar to current LAANC
implementations. Some commenters suggested either a smart phone
application or phone-in option where UAS operators could reserve a
small block of airspace so other non-participating UAS could
voluntarily re-route around that operations area.
    The Academy of Model Aeronautics recommended providing a path to
compliance using ground-based or application-based remote
identification for the pilot in command rather than specific equipment
mandates applicable to manufacturers. For non-autonomous UAS which
require continuous pilot input and visual line of sight (e.g., no
programmable waypoints or other automation), the Charles River Radio
Controllers also recommended a pre-flight registration via the internet
where

operators would indicate their destination, flight parameters, and time
of operation. Streamline Designs suggested permitting UAS that self-
report location to operate in rural locations.
    Wing Aviation suggested revising limited remote identification UAS
to permit recreational operations within VLOS for UAS that are not
highly automated and not available for sale to third parties, provided
that operators declare their operational intent to a Remote ID USS. The
intent information would include the flight area, maximum height AGL,
earliest and latest operations times, and the actual or expected
location of the ground control station, while also requiring the
operator to share actual control station location if the internet is
available. SenseFly also supported uploading a flight plan and stated
that this type of identification would give adequate information,
especially for a short-range flight, such as those limited to a 400-
foot range. The U.S. Chamber of Commerce Technology Engagement Center
recommended permitting remote identification UAS to continue to operate
without a persistent connection to a Remote ID USS if operators declare
their identifier and flight intent to provide situation awareness for
other airspace users.
    Kittyhawk stated that network-based solutions are the most agile,
scalable, and information-rich, but also recommended providing a
variety of options to better achieve remote identification compliance.
They proposed a three-tier solution that would permit volume-based
reservations without requiring network or broadcast remote
identification information for UAS operations in VLOS below 200 feet in
Class G airspace and 100 feet in controlled airspace, as well as UAS
operations within VLOS below 400 feet with volume-based reservations
and transmission of remote identification information by either
broadcast or network.
    One commenter suggested permitting the installation of Broadcom
chips in UAS so they could be tracked similar to cellular phones. One
commenter suggested the FAA supply RFID tags to track each UAS for a
fee upon completion of their UAS knowledge test. Several commenters,
including the American Property Casualty Insurance Association,
suggested remote identification data could be stored locally and
uploaded after flight in areas with no internet coverage. The New
Hampshire Department of Transportation assumed that many retrofit UAS
would become limited remote identification UAS and recommended
permitting those UAS to operate when the internet is not available if
equipped with an anti-collision beacon that is visible for at least 3
statute miles to increase conspicuity for manned aircraft.
    FAA Response: The FAA considered the alternative approaches
proposed by commenters and assessed whether they met the needs of the
FAA, law enforcement, and national security agencies to ensure the
safety and efficiency of the airspace of the United States sufficient
to enable unmanned aircraft to fly over people and at night. The Agency
agrees with commenters that a retrofit option could enable operators to
meet the remote identification requirements of this rule. Therefore,
the FAA adopts the concept in this rule by incorporating operating
requirements, discussed in section VII.D of this preamble, and
production requirements, discussed in section XIV.E.3 of this preamble,
to permit the production and use of remote identification broadcast
modules. A person may now equip an unmanned aircraft without remote
identification with a remote identification broadcast module to enable
the unmanned aircraft to identify remotely.
    At this time, the FAA has determined that the other options
proposed by commenters do not meet the needs of the Agency or are
outside the scope of this rule. For example, the volume-based
reservation proposal from Kittyhawk would affect airspace access and is
outside the scope of identification. The FAA declines to require the
installation of Broadcom chips as suggested by one commenter because
the FAA is committed to performance-based requirements that do not
require using a specific manufacturer's equipment. The recommendation
to require unmanned aircraft to be equipped with anti-collision
lighting when not transmitting remote identification information is
unacceptable because it does not provide information about the identity
of the unmanned aircraft or the control station location. The FAA also
notes that providing flight intent information as a means to satisfy
the remote identification requirements would not ensure that flight
information is available in areas where there is no internet
connectivity. However, the remote identification broadcast requirements
in this rule ensure that remote identification information is available
even in areas where the internet may not be available.

V. Terms Used in This Rule

    The NPRM proposed to define a number of terms to facilitate the
implementation of the remote identification of unmanned aircraft. In
part 1, definitions and abbreviations, the FAA proposed to add
definitions of unmanned aircraft system and visual line of sight to
Sec.  1.1. The FAA also proposed several definitions to be included in
Sec.  89.1, including the definitions for broadcast, amateur-built
unmanned aircraft system, and Remote ID USS.

A. Definition of Unmanned Aircraft System

1. Discussion of the Final Rule
    The FAA proposed that the term 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 adopts
the term ``unmanned aircraft system'' as proposed.
2. Public Comments and FAA Response
    Comments: Many commenters suggested that the definition be changed
for a variety of reasons including a need to distinguish between
various categories of UAS, particularly to distinguish between drones,
quadcopters, and remote control model aircraft. Commenters raised
issues such as the interchangeable nature of home-built kits and models
with interchangeable parts. Commenters also cited a lack of clarity
regarding when the communication links are considered part of the UAS.
In addition, some commenters stated the definition of UAS was not
detailed enough and recommended it be amended to list the specific
components that are covered.
    FAA Response: Congress established the definition of unmanned
aircraft system in 49 U.S.C. 44801(12). Therefore, the FAA adopts the
definition of unmanned aircraft system as proposed. The FAA also
considers that any kit containing all the parts and instructions
necessary to assemble a UAS would meet this definition. As further
explained in section XIV.B.2 of this preamble, producers of complete
kits offered for sale are subject to the production requirements of
this rule.

B. Definition of Visual Line of Sight

1. Discussion of the Final Rule
    The FAA proposed that the term 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
recognized that this definition is consistent with how ``visual line of
sight'' is currently used in part 107. The term is specifically
described in Sec.  107.31(a). The FAA proposed that because visual line
of sight will now be used in multiple parts, providing a definition in
Sec.  1.1 would ensure that the term is used consistently throughout
all FAA regulations. 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 proposed to include a slightly modified version of the description
used in part 107.
    The FAA will not be adopting the definition in this rule because
the concept may apply differently to various persons and conditions
depending upon the type of operation. In addition, future rules, such
as rules providing for routine unmanned aircraft BVLOS operations, may
need to describe visual line of sight in a different manner or context
in order to establish the difference between VLOS and BVLOS operations.
2. Public Comments and FAA Response
    Comments: An individual commenter noted that the maximum distance
one can operate under visual line of sight varies based on several
factors such as the size and speed of the aircraft, terrain, and
weather.
    FAA Response: As noted, the FAA has determined not to adopt a
definition for ``visual line of sight'' in this rule. The FAA
recognizes that the concept of visual line of sight allows for
variation in the distance to which an unmanned aircraft may fly and
still be within visual line of sight of the person manipulating the
flight controls of the UAS or the visual observer. The FAA believes
this is appropriate given the performance-based nature of current UAS
regulations.

C. Definition of Broadcast

    The FAA proposed to define broadcast in part 89 to mean ``to send
information from an unmanned aircraft using radio frequency spectrum.''
The definition was necessary to distinguish the concept from the
transmission of remote identification information through the internet
to a Remote ID USS. As explained in section VII.A of this preamble, the
Agency has determined there is no longer a need to draw a difference
between the terms ``broadcast'' and ``transmission'' because the FAA is
eliminating the network framework and focusing on a broadcast-only
solution for the time being. Therefore, the FAA will not be adopting
the definition in this rule.

D. Definition of Home-Built Unmanned Aircraft

1. Discussion of the Final Rule
    The FAA proposed that amateur-built unmanned aircraft system be
defined in part 89 as ``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.'' Under this proposal, the person building the amateur-
built UAS would have been required to fabricate and assemble at least
50 percent of the UAS. After reviewing comments and further
consideration, the FAA relabeled this definition as home-built unmanned
aircraft and eliminated the fabrication and major portion requirements
for the reasons explained in the responses to comments below.
Accordingly, this rule finalizes the definition of home-built unmanned
aircraft as an unmanned aircraft that an individual built solely for
education or recreation.
    This rule adopts the term home-built unmanned aircraft as opposed
to home-built UAS to reflect the changes discussed in section IV.A of
this preamble.
2. Public Comments and FAA Response
i. Fabrication and Assembly
    Comments: The FAA received numerous comments arguing that the
proposed definition of amateur-built unmanned aircraft system failed to
account for common ways that amateur builders of unmanned aircraft put
together UAS. These commenters noted that it is not common practice for
builders of amateur unmanned aircraft to fabricate UAS components and
that UAS are often assembled by hobbyists from a variety of different
levels of kits or prefabricated components. Commenters also pointed out
that many typical components of home-built UAS are electrical and
difficult for the average hobbyist to fabricate on his or her own.
Embry-Riddle Aeronautical University--Prescott Campus mentioned that
its students assemble unmanned aircraft from parts purchased online but
do not fabricate the parts that are necessary for the assembly of an
unmanned aircraft. They noted that meeting the production requirements
of the proposed rule would be overly burdensome for students.
    Many commenters also requested a revised definition for amateur-
built UAS that would account for changes to significant parts of a
design of a UAS.
    Many commenters took issue with the ``major portion'' (fabricating
and assembling at least 50 percent or more of the UAS) requirement of
the proposed definition for amateur-built UAS. The Small UAV Coalition
believed manufacturer performance requirements should not apply to
unmanned aircraft built for recreational operations or personal use.
They believed these unmanned aircraft should not be defined based on
what they perceived as an arbitrary percentage threshold, for parts or
ambiguous ``fabrication assessments.'' The Berks County Aero Modelers &
Lehigh Valley Radio Control Society asserted the ``51 percent rule for
amateur build models'' was not practical and agreed with the UAS
Identification and Tracking Aviation Rulemaking Committee
recommendations to exempt amateur-built, non-autonomous model aircraft
from the remote identification requirements.
    FAA Response: The FAA agrees with these commenters and has
eliminated the major portion requirement from the definition of home-
built unmanned aircraft.
    Comments: Some commenters encouraged the FAA to replace the
amateur-built definition with terms commonly used in the recreational
hobby industry such as ``bind and fly'' or ``ready to fly.'' Brands
Hobby provided detailed descriptions of five levels of ``manufactured''
model aircraft in use today and noted concerns that the definition
should include an ``almost ready to fly'' concept for amateur built
aircraft. The Flite Test Community Association commented the definition
would not accommodate the diverse types of products and kits in the
model aviation community and suggested the FAA expand the definition of
amateur-built UAS or allow the amateur-built community to comply with
the rule through either an app-based solution or by installing a
``compliant standalone device.''
    FAA Response: The FAA agrees that given the unique characteristics
of UAS, the definition of home-built unmanned aircraft should cover the
wide range of ways hobbyists build UAS. The FAA also believes that
home-builders should have a method for remotely identifying so they can
operate outside of FAA-recognized identification areas. The FAA has
revised this rule to allow home-built unmanned aircraft to equip with
remote identification broadcast modules to identify remotely. Section
VII.D of this preamble discusses the

remote identification broadcast modules in greater detail.
    Comments: A few commenters proposed to expand the definition of
amateur-built UAS to all incomplete UAS, including ``scratch built from
plans,'' models built from parts, or models built from kits of
subassemblies and pieces that lack radio control receiver electronics.
One commenter proposed focusing on intended use and asked the FAA to
use the following definition: ``any UAS that requires some final
assembly before flight that requires continual input from the operator
throughout the entire flight from launch to recovery.'' The New
Hampshire Department of Transportation mentioned that the definition of
``amateur built'' UAS should be broadened to include UAS built entirely
from pre-fabricated parts, including parts such as electronics that
cannot be fabricated. They also warned of compliance issues when
operators replace a part for a UAS that they originally assembled from
a kit containing 100 percent of the parts necessary to assemble a
complete and functional UAS. The Academy of Model Aeronautics
recommended the definition of amateur-built UAS should include UAS with
parts purchased and assembled by an individual. In their view, there is
no verifiable increase in safety risk for aircraft with less than 50
percent fabrication and construction by the builder and the rule should
eliminate or greatly reduce the required percentage of self-
manufactured components.
    FAA Response: The FAA agrees with commenters that unmanned aircraft
are not built by hobbyists with the same degrees of fabrication as
amateur-built manned aircraft. This rule removes the major portion
requirement; the definition now includes any unmanned aircraft that an
individual built solely for education or recreation. This definition
would include any level of assembly of the unmanned aircraft so long as
that assembly was done solely for education or recreation of the
individual building the UAS. The FAA considers that the individual
constructing the home-built unmanned aircraft, even if through assembly
alone, is not responsible for meeting the production requirements of
the final rule. A hobbyist assembling an unmanned aircraft from a
complete kit that contains all the parts and instructions to assemble
an unmanned aircraft would not be responsible for meeting the
production requirements of this rule. However, the company that
produced that complete kit would be required to meet the production
requirements. As discussed in section VII of this preamble, persons
operating these unmanned aircraft continue to be subject to the
operating rules of part 89, so a home-built unmanned aircraft without
remote identification can only be operated in an FAA-recognized
identification area, unless it can identify remotely in accordance with
this rule (e.g., by equipping the home-built unmanned aircraft with a
remote identification broadcast module).
    To distinguish this type of unmanned aircraft from its manned
aircraft counterpart, this rule adopts the definition as home-built
unmanned aircraft rather than as amateur-built unmanned aircraft
system. As explained in section IV.A of this preamble, the remote
identification requirements apply to the operation, and the design and
production of unmanned aircraft. Therefore, this adopted definition is
specific to unmanned aircraft, not the entire UAS.
ii. Education or Recreation
    Comments: Commenters generally supported the requirement that
amateur-built UAS be produced for educational or recreational purposes
only. One commenter felt the term ``amateur-built'' should be replaced
with the term ``STEM built.'' This commenter felt the change in
terminology would establish a better mindset for the extensive
revisions needed in the proposed rule to address the needs of the
remote-controlled aviation community. Some commenters suggested that
amateur-built be defined as UAS restricted to non-commercial use or
with no flights over people or with limited weight. Several commenters
felt the FAA should define ``amateur-built UAS'' based upon restricted
operation such as limiting to recreational or educational flights with
``non-autonomous'' flight control, flights within line of sight, and
flights restricted to uncontrolled airspace or requiring Low Altitude
Authorization and Notification Capability (LAANC) approval for
controlled airspace.
    FAA Response: The FAA adopts the requirement that the unmanned
aircraft be built for the education or recreation of the builder, as
proposed. The FAA declines to add operating restrictions on the use of
home-built unmanned aircraft, finding that existing operating rules are
sufficient to ensure safety. For example, when a home built aircraft is
flown under part 107, it is restricted in being able to fly over
people, its weight cannot exceed 55 pounds, and it cannot enter certain
classes of airspace without authorization. Similarly, a home-built
unmanned aircraft flown recreationally under 49 U.S.C. 44809 remains
subject to the requirements of that section, such as remaining within
visual line of sight and complying with the requirement to receive
authorization for flights in certain classes of airspace. In addition,
home-built unmanned aircraft remain subject to the remote
identification operating requirements of this rule.
iii. Other Comments Received
    Comments: Some commenters suggested the definition of amateur-built
UAS should include any UAS with limited capability or any model
aircraft operated exclusively at an FAA-recognized identification area.
    FAA Response: The FAA finds that commenters' definition would
create far too wide of an exception to the remote identification
production requirements, undermining the effectiveness of remote
identification.
    Comments: One commenter suggested changing the ``amateur-built''
definition to include any model aircraft produced without a radio
receiver or flight control system.
    FAA Response: The FAA considers that such aircraft would be
considered home-built unmanned aircraft if they were assembled for
educational and recreational purposes but does not choose to limit
home-built unmanned aircraft to only the model aircraft mentioned by
the commenter.
    Comments: One commenter proposed the amateur-built definition
should be based around the language used by the Academy of Model
Aeronautics for radio-controlled aircraft.
    FAA Response: Though the FAA expects many home-built unmanned
aircraft will be similar to the radio-controlled aircraft described by
the commenter, the FAA finds that the definition of home-built unmanned
aircraft as adopted can encompass those aircraft as well as a wider
range of unmanned aircraft, as long as such unmanned aircraft are built
solely for education or recreation.
    Comments: Many commenters expressed concern that the proposed
definition of amateur-built unmanned aircraft would prohibit them from
flying their existing model aircraft.
    FAA Response: The FAA does not agree. Unmanned aircraft produced
without remote identification (e.g., those produced prior to the
production compliance date of this rule) may be flown in an FAA-
recognized identification area or may be upgraded or retrofitted to
meet the remote identification requirements of this rule. FAA has also
amended the final rule to allow for less costly compliance by allowing
unmanned aircraft to be

equipped with a remote identification broadcast module.
    Comments: One commenter suggested the rule differentiate between
three classes of producers: ``mass manufacturers,'' ``small
commercial,'' and ``experimental/hobbyist.'' The proposed description
of ``experimental/hobbyist'' included three characteristics: (1) ``may
build or buy dozens of aircraft, many for purposes of education,
experimentation, or recreation''; (2) ``life span of the unmanned
aircraft may be as little as one flight or it may last decades''; (3)
``components are regularly recycled.''
    Wing Aviation LLC commented that in their view, there is no need
for an amateur-built definition if the limited UAS concept is
implemented with the changes they proposed.
    FAA Response: Though the requirements for unmanned aircraft
equipped with remote identification broadcast modules finalized in this
rule are an option for people constructing home-built unmanned
aircraft, the FAA considers that there may always be home-built
unmanned aircraft that cannot be equipped with broadcast modules and
may be used solely for flights within FAA-recognized identification
areas, and therefore a definition for those unmanned aircraft built for
educational or recreational purposes is still necessary.
    For the foregoing reasons, the FAA will adopt the definition of
home-built unmanned aircraft as an unmanned aircraft that an individual
built solely for education or recreation.

E. Definition of Declaration of Compliance

    The FAA did not propose to add a definition for declaration of
compliance. However, to avoid potential confusion given the use of the
term in both this final rule and in the part 107 rules for operations
over people, the FAA determines that incorporating a new definition in
Sec.  89.1 is necessary to ensure sufficient clarity for the term as it
is used in part 89. A declaration of compliance means a record
submitted to the FAA by the producer of a standard remote
identification unmanned aircraft or remote identification broadcast
module to attest that all the requirements of subpart F of this part
have been met.

F. Requests for Other Definitions

1. Discussion of the Final Rule
    The FAA received comments on other terms that were not defined in
the NPRM, but did not include them in the final rule for the reasons
explained below.
2. Public Comments and FAA Response
    Comments: The Experimental Aircraft Association proposed adding the
terms ``traditional model aircraft,'' ``control line,'' and ``free
flight'' to this rule.
    FAA Response: The FAA declines to add these definitions in this
rulemaking because these terms are not used in part 89 or any
regulation modified by this rule.
    Comments: The International Association of Fire Fighters and the
American Farm Bureau Federation requested the FAA define internet
availability and ``sufficient signal strength,'' citing a lack of
clarity when determining whether a UAS would be required to connect to
the internet or when a UAS would be expected to lose connection to the
internet.
    FAA Response: The FAA has decided not to include definitions for
these terms because this rule does not adopt requirements related to
internet connection.

VI. Applicability of Operating Requirements

A. Discussion of the Final Rule

    The NPRM proposed to apply the remote identification operating
requirements to all persons operating unmanned aircraft registered or
required to be registered under part 47 or 48. The NPRM also proposed
that the remote identification operating rules apply to all persons
operating foreign civil unmanned aircraft in the United States. The
proposed applicability did not include exceptions for specific types of
operations (e.g., recreational operations, operations conducted by
governmental entities) but the operating rules did include deviation
authority through which the Administrator would be able to authorize
persons to conduct certain operations without remote identification. In
addition, the operating rules would allow certain unmanned aircraft
without remote identification to be operated in FAA-recognized
identification areas.
    The FAA received a significant number of comments recommending
changes to the applicability of the operating requirements for remote
identification. Commenters identified types of operations that they
believed should be excepted from the requirement to identify remotely.
After consideration of those comments, the FAA continues to support
linking the remote identification rule with the registration rule.
Because most unmanned aircraft are required by law to meet the aircraft
registration requirements, the FAA determined that linking the remote
identification and registration requirements is necessary to ensure
that there is widespread coverage of the remote identification
requirements of this rule. In Sec.  89.101 the FAA adopts the
requirement that all unmanned aircraft registered or required to be
registered under part 47 or 48 must comply with the operating
requirements of part 89. Persons operating foreign civil unmanned
aircraft in the United States must also comply with the operating
requirements.
    In response to comments received, the FAA is clarifying in Sec.
89.101 that the operating requirements do not apply to unmanned
aircraft operations under part 91 that are transmitting ADS-B Out
pursuant to Sec.  91.225.

B. Public Comments and FAA Response

    Comments: Many commenters supported the FAA's proposal to require
unmanned aircraft operating in the airspace of the United States to
have remote identification.
    Many commenters requested revisions to the registration
requirements so that unmanned aircraft of a particular size or weight
do not have to be registered.
    A number of commenters requested the applicability of the operating
requirements in part 89 be determined based on the type of operation
conducted. Many commenters specifically sought ``blanket exceptions''
from the operating requirements for operations that meet certain
criteria (e.g., safety record, weight, altitude, line of sight,
airspace) and for operations conducted for specific purposes (e.g.,
governmental, recreational, aeronautical research, education, public
safety, and emergency operations). Others suggested that all UAS,
regardless of size, should comply with remote identification.
    Many commenters stated that any exception to the operating
requirement should be based on the intended use, application, or
capability of the unmanned aircraft rather than its size or weight.
Some commenters recommended excepting UAS based on the terrain or areas
of operation. Some commenters proposed requiring remote identification
only within a specific distance of airports, large cities, and critical
infrastructure, or where certain population density exists.
    Some commenters requested the FAA except UAS used in agricultural
operations from the requirements of the rule, and others asked for
flexibility for UAS used in farming, ranching, and other business
related operations.
    Some commenters supported excepting Federal, State, or local
government operations from the applicability of the operating

requirements, while others opposed excepting any government UAS. The
FAA received many comments supporting and opposing broad exemptions for
public safety and critical infrastructure operations. Many commenters
indicated that a government exception is necessary because the
transmission and broadcast of message elements could compromise the
safety or security of public safety and emergency operations. Others
believed that only sensitive governmental operations should be excepted
from the remote identification requirements. The National Public Safety
Telecommunications Council, AiRXOS, the Civil Air Patrol/United States
Air Force Auxiliary, the International Association of Fire Fighters,
and DRONERESPONDERS Public Safety Alliance, asked for a remote
identification solution for ``trusted users'' such as State and local
public safety agencies instead of excepting certain parties (e.g., DOD)
from having to comply with the operating requirements.
    Multiple commenters requested the FAA except certain commercial
operations from the operating requirements in subpart B. For example,
several small businesses asked for an exception for operations limited
to a certain altitude or conducted for a specific scope or purpose.
Commenters also requested the FAA except operations conducted by
persons with remote pilot certificates issued under part 107 because
they are trained to follow aviation regulations and are certificated.
    A significant number of commenters expressed opposition to
requiring recreational unmanned aircraft to identify remotely.
    A number of commenters requested an operational exception for UAS
used for educational purposes, aeronautical research activities, and
non-aviation related research done with a UAS for testing and
filmmaking.
    Many private UAS operators, small business, and governmental
entities asked the FAA to except UAS operations in class G airspace
from having to identify remotely. A number of commenters asked the FAA
to consider the distance above ground level where the UAS are operating
when determining the applicability of the rule.
    Some commenters mentioned that UAS operations receiving air traffic
services should be required to use ADS-B Out. Other commenters such as
the Aerospace Industries Association, Airbus UTM, the Association for
Unmanned Vehicle Systems International (AUVSI), General Atomics
Aeronautical Systems, and Northeast UAS Airspace Integration Research
mentioned that the proposed rule did not clearly state that UAS
authorized by the FAA to use ADS-B Out or transponders are excepted
from meeting the operating rules in part 89.
    A number of commenters asked the FAA to clarify whether the remote
identification requirements apply to operations occurring indoors,
underground, or within a contained space, such as a netted outdoor
enclosure.
    FAA Response: The FAA's rationale for linking the applicability of
the operating requirements to the registration requirements is the need
to identify aircraft operating in the airspace of the United States,
regardless of the type or purpose of the operation. Parts 47 and 48
implement the registration requirements codified in 49 U.S.C. 44101-
44103. According to these statutory and regulatory requirements, no
person may operate an unmanned aircraft in the airspace of the United
States unless it has been registered by its owner, or unless the
aircraft is excepted from registration (e.g., aircraft of the national
defense forces of the United States or unmanned aircraft weighing 0.55
pounds or less). Congress also clarified in 49 U.S.C. 44809(a)(8) that
UAS used in limited recreational operations must be registered and
marked in accordance with chapter 441 of Title 49 of the United States
Code. Because most unmanned aircraft that will be operated in the
airspace of the United States are required to meet the aircraft
registration requirements, by law, the FAA determined linking remote
identification to the registration requirements is in the interest of
the safety and security of the United States airspace. In light of the
above, as of September 16, 2023, all persons operating unmanned
aircraft registered or required to be registered under part 47 or 48
must follow the remote identification operating requirements unless the
operation meets one of the following: (1) The operation is not subject
to the operating requirement in accordance with Sec.  89.101(b); (2)
the Administrator authorizes a deviation for aeronautical research or
to show compliance with regulations, in accordance with Sec.  89.120;
or (3) the Administrator authorizes the operator to deviate from the
operating requirements, in accordance with Sec.  89.105. To ensure that
there is appropriate identification of civil unmanned aircraft operated
in United States airspace, these requirements also extend to all
persons operating foreign civil unmanned aircraft in the United States.
    Exception for Recreational Unmanned Aircraft. The FAA considered
public comments requesting the Agency to except recreational unmanned
aircraft operations from the remote identification operating
requirements. The FAA does not agree with such a request. The FAA
believes that successfully integrating unmanned aircraft into the
airspace of the United States requires the identification of unmanned
aircraft. Recreational unmanned aircraft represent a significant
portion of unmanned aircraft operating in the airspace of the United
States and, in accordance with 49 U.S.C. 44809(f), the FAA is not
prohibited from promulgating rules generally applicable to unmanned
aircraft, including those unmanned aircraft eligible for the exception
for limited recreational operations of UAS. Among other things, the
authority extends to rules relating to the standards for the remote
identification of owners and operators of UAS and associated unmanned
aircraft. Broad applicability of remote identification is necessary to
ensure public safety and the safety and efficiency of the airspace of
the United States. The remote identification framework provides UAS-
specific data, which allows the FAA, national security agencies, and
law enforcement entities to identify the pilots of UAS that are posing
safety or security risks.
    While the FAA is not excepting recreational unmanned aircraft from
the remote identification requirements, this final rule allows persons
to retrofit unmanned aircraft by equipping them with remote
identification broadcast modules to allow them to identify remotely.
This concept will facilitate compliance with the remote identification
requirements for recreational and other operators. In addition, this
rule also finalizes the FAA-recognized identification areas concept
where unmanned aircraft without remote identification can be operated.
    Other types of exceptions requested. The FAA carefully considered
the requests to include exceptions for other types of operations (e.g.,
operations below a specific altitude or in certain airspace, UAS
without advanced capabilities, agricultural operations) and determined
that granting such ``blanket exceptions'' is not appropriate The FAA
has determined that the remote identification requirements should apply
to unmanned aircraft to address safety, national security, and law
enforcement concerns regarding expanded unmanned aircraft operations

at night and over people. A broad applicability of the remote
identification requirements enhances the FAA's ability to monitor
compliance with applicable regulations, assists the FAA in undertaking
compliance, enforcement, and educational actions required to mitigate
safety risk, and advances the safe and secure integration of UAS into
the airspace of the United States. Though the FAA is not including
additional ``blanket exceptions'' to the applicability of subpart B,
the Agency has revised the rule to add flexibility and to provide
various options to make it simpler for operators to comply with the
remote identification requirements. For example, based on comments
received, the FAA eliminated the limited remote identification concept
and replaced it with the ability for unmanned aircraft to equip with
remote identification broadcast modules. In Sec.  89.105, the rule
allows the Administrator to authorize deviations from the operating
requirements. The Administrator could issue such deviations when he or
she determines that there is a need, and that the deviation would not
adversely affect safety or that appropriate mitigations are in place to
provide a level of safety at least equal to that provided by this rule.
    Weight-based applicability. While some of the registration
requirements are driven by the weight of an aircraft, the FAA does not
believe it is appropriate to use the unmanned aircraft size or weight,
apart from the weight standards already incorporated into the
registration requirements, as a basis for applicability of the remote
identification requirements. As discussed earlier, tying remote
identification to registration requirements ensures the broad coverage
necessary to address the safety and security concerns associated with
unmanned aircraft operations being performed at this time.
    Unmanned aircraft operated by government entities. The operating
requirements of subpart B of part 89 do 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 48. Aircraft operated by
other government entities (e.g., Federal, State, the District of
Columbia, territories, possessions, or Indian Tribal governments) are
subject to the registration requirements in part 47 or 48 regardless of
whether the aircraft is used in civil aircraft operations or public
aircraft operations. Therefore, unmanned aircraft operations conducted
by such government entities must comply with the operating requirements
of this rule. Nevertheless, any covered government entity that wishes
to use an unmanned aircraft without remote identification at a location
other than FAA-recognized identification areas may request
authorization from the Administrator under Sec.  89.105 to deviate from
the operating requirements or under Sec.  89.120 to conduct
aeronautical research or to show compliance with regulations.
    Educational activities. The FAA does not agree with commenters that
supported an operational exception for unmanned aircraft used for
educational purposes. As previously mentioned, the applicability of the
operating requirements is not based on the type or purpose of
operation. Remote identification is necessary regardless of the
operation or intended use of the unmanned aircraft. However, the FAA
recognizes the need for educational institutions to be able to conduct
unmanned aircraft activities, and has expanded the list of persons
eligible to request establishment of an FAA-recognized identification
area to include educational institutions. The FAA believes this change
appropriately addresses the concerns expressed by educators regarding
unmanned aircraft activities. In addition, the Agency is now allowing
persons to equip unmanned aircraft with remote identification broadcast
modules, which will facilitate compliance with the operating
requirements.
    Aeronautical research. The FAA considered comments requesting that
aeronautical research activities be excluded from the operating
requirements of part 89 and agrees with commenters because the
deviation would contribute to the further development and improvement
of UAS equipment and technologies. Therefore, as finalized, Sec.
89.120 allows the Administrator to authorize operations without remote
identification where the operation is solely for the purpose of
aeronautical research or to show compliance with regulations.
    Unmanned aircraft operated indoors, underground, or in enclosed
spaces. The FAA regulates the navigable airspace of the United States.
Therefore, this rule does not apply to unmanned aircraft operations
conducted entirely indoors, underground, or inside an enclosed space
such as a netted enclosure. The remote identification requirements
apply when the unmanned aircraft exits the interior of a building or
structure and is operated outside. While the remote identification
operating requirements do not apply to unmanned aircraft operating
indoors, certain design requirements for unmanned aircraft with remote
identification, especially standard remote identification unmanned
aircraft, may create operational challenges in these environments. For
example, standard remote identification unmanned aircraft will not take
off unless broadcasting the remote identification message elements.
Depending on the particular design, some unmanned aircraft with remote
identification may not be able to operate if they cannot broadcast the
unmanned aircraft position because GPS is not available. Operators of
unmanned aircraft intended to be used both indoors and outdoors should
understand how their unmanned aircraft will perform when services like
GPS may be unavailable.
    Unmanned aircraft equipped with ADS-B Out. The FAA agrees with the
commenters who stated that certain UAS operating under air traffic
control and equipped with ADS-B Out and ATC transponders are already
meeting the intent of the remote identification rule, and that remote
identification may be redundant for such operations. The FAA adopts an
exception to the remote identification operating requirements in Sec.
89.101(b) for persons conducting unmanned aircraft operations under
part 91 that are transmitting ADS-B Out pursuant to Sec.  91.225.
Operators of unmanned aircraft that meet the criteria are not required
to comply with the operating requirements of part 89. The operation may
be conducted under any type of flight plan that is acceptable for the
intended operation. The FAA has provided a similar exception from the
remote identification production requirements for unmanned aircraft
certified under a part 21 design or production approval that are
equipped with ADS-B Out. Notwithstanding the exception in Sec.
89.101(b), nothing in this rule precludes unmanned aircraft from being
equipped with both ADS-B Out and remote identification equipment.
However, to ensure that unmanned aircraft do not place a strain on the
ADS-B system, ADS-B Out may not be used to meet remote identification
requirements outside of those unmanned aircraft operations for which it
is required. The use of ADS-B Out in transmit mode is restricted to
those unmanned aircraft operations for which it is required.

VII. Operating Requirements for Remote Identification

    This rule establishes requirements for the remote identification of
unmanned aircraft operated in the airspace of the United States. Remote
identification is the capability of an unmanned aircraft, in flight, to
provide certain

identification, location, and performance information that people on
the ground and other airspace users can receive. An operator of an
unmanned aircraft can comply with the operating requirements for remote
identification in one of three ways:
    (1) Standard remote identification unmanned aircraft. The first way
to comply is referred to as ``standard remote identification'' and
requires the operator to use an unmanned aircraft that broadcasts
identification, location, and performance information for both the
unmanned aircraft and the control station. See Sec.  89.110 of this
rule.
    (2) Remote identification broadcast module. The second way to
comply is for the operator to equip an unmanned aircraft with a
``remote identification broadcast module'' that broadcasts
identification, location, and performance information about the
unmanned aircraft, and the unmanned aircraft's takeoff location. See
Sec.  89.115(a) of this rule.
    (3) FAA-recognized identification area. The third way to comply,
and the only option available for most unmanned aircraft without remote
identification capabilities (e.g., an unmanned aircraft manufactured
without remote identification equipment or an unmanned aircraft whose
remote identification equipment or remote identification broadcast
module is not working) is for the operator to fly his or her unmanned
aircraft in certain specific geographic areas called ``FAA-recognized
identification areas.'' These areas are established under this rule
specifically to accommodate UAS that do not identify remotely. See
Sec.  89.115(b) of this rule.
    The NPRM proposed various ways for an operator of UAS to identify
remotely: (1) Operating a limited remote identification UAS; (2)
operating a standard remote identification UAS; or (3) operating
unmanned aircraft without remote identification at an FAA-recognized
identification area. After reviewing public comments and giving further
consideration, the FAA decided to eliminate the concept of a limited
remote identification UAS and incorporate the ability to retrofit
unmanned aircraft with remote identification broadcast modules that
broadcast the remote identification information required by this rule.
The FAA also decided to revise some of the parameters and requirements
for operations of standard remote identification UAS and operations at
FAA-recognized identification areas, as discussed below.
    A significant change from the proposal is that the FAA decided to
eliminate the requirement for UAS with remote identification to connect
to the internet and to transmit the remote identification message
elements through the internet connection to a Remote ID USS. While the
FAA recognizes that there are potential benefits associated with
establishing a network of Remote ID USS, the FAA believes that, for the
time being and given the types of unmanned aircraft operations that are
currently allowed, the broadcast remote identification solution
fulfills agency and law enforcement needs to maintain the safety and
security of the airspace of the United States. Accordingly, this rule
now generally requires unmanned aircraft operators outside of an FAA-
recognized identification area to use either standard remote
identification unmanned aircraft or unmanned aircraft with remote
identification broadcast modules to broadcast remote identification
message elements.

A. Elimination of Network-Based Remote Identification Requirement

1. Discussion of the Final Rule
    The FAA initially proposed requiring both standard remote
identification UAS and limited remote identification UAS to transmit
the remote identification message elements through an internet
connection to a Remote ID USS. After careful consideration of public
comments and the implementation challenges associated with requiring
UAS to transmit to Remote ID USS, the FAA decided to eliminate this
proposed requirement in this rule. Without the requirement to transmit
remote identification through the internet, limited remote
identification UAS as proposed is no longer a viable concept. In its
place, the FAA is incorporating a regulatory framework under which
persons can retrofit an unmanned aircraft with a remote identification
broadcast module to satisfy the remote identification requirements of
this rule. The requirements for remote identification broadcast modules
are described in section VII.D of this preamble. The effects of this
change on standard remote identification unmanned aircraft are
discussed in section VII.A of this preamble.
    Though the FAA recognizes that there are potential benefits
associated with establishing a network of Remote ID USS, the FAA
believes that, for the time being and given the types of unmanned
aircraft operations that are currently allowed, the broadcast remote
identification solution fulfills agency and law enforcement needs to
maintain the safety and security of the airspace of the United States.
    Original Concept for internet-Based Network. During the UAS-ID ARC,
industry representatives proposed a concept for an internet-based
network to complement the core functionality of a digital ``license
plate'' broadcast-based solution. Under this concept, the aircraft's
control station (often a mobile phone) would connect to the internet
and transmit remote identification information to a third-party service
provider. The network concept was attractive for several reasons, but
primarily because of the ability to receive remote identification
information through existing mobile telephony infrastructure without
having to deploy equipment to ``listen'' for a radio frequency
broadcast. The primary challenge with this concept is its reliance on
Wi-Fi or cellular network service being available where an aircraft is
flying; the concept would not work in areas lacking cellular telephone
coverage. The ARC did not reach consensus on a single remote
identification concept--broadcast or network.
    Ultimately, the FAA proposed both broadcast and network
requirements in the NPRM, in an attempt to balance the interests of all
stakeholders. As part of the proposed network requirement, UAS would
have had to transmit the remote identification message elements through
the internet to a third-party service provider, referred to as a
``Remote ID USS.'' Remote ID USS would have collected and, as
appropriate, disseminated the remote identification information through
the internet.
    The Remote ID USS concept was a critical component to the
successful implementation of the network requirement, as a commercial
endeavor at no cost to the United States Government. Prospective Remote
ID USS would have been required to meet technical requirements and
contractually agree to abide by certain performance standards and other
requirements on matters including, but not limited to, privacy
protections of data collected pursuant to part 89, disclosure or
dissemination of data, and data retention. The successful
implementation of the network concept relied on prospective USS'
willingness to enter into no-cost contracts with the FAA to provide
these services. The FAA has successfully used a similar construct to
authorize small UAS operations around airports through its Low Altitude
Authorization and Notification Capability (LAANC) program. Through this
public-private

partnership arrangement, the government benefits from the speed and
quality of industry innovation while industry benefits from profits
derived from marketing other services or products.
    Emerging Problems with the Concept for internet-Based Network. The
FAA received significant feedback about the network requirements in
response to the NPRM. Commenters expressed concerns that the network
component could enable nefarious actors to perform a coordinated
Distributed Denial of Service (DDoS) attack on Remote ID USS. Industry
commenters also highlighted concerns about implementing the network
requirement in the absence of a standardized interface for network
connection and raised concerns about giving potential business
intelligence to competitors or third parties with access to network
information. Many commenters also expressed valid concerns about
privacy, cybersecurity, and other security-related issues. Others
expressed concerns about access and protection of data transmitted to,
and stored by, a Remote ID USS. Some law enforcement agencies mentioned
they would or could rely, for the time being, on a broadcast solution,
rather than a network solution, for threat discrimination.
    It has become apparent to the FAA that Remote ID USS may struggle
in facing significant technical and regulatory requirements that go
beyond existing industry consensus standards. Early in 2020, the FAA
convened a Remote ID USS cohort to explore developing the network
solution that is necessary to implement the proposed network
requirements. The cohort identified several challenges with
implementing the network requirements, which the FAA acknowledges it
had not foreseen or accounted for when it proposed the network solution
and Remote ID USS framework. For example, the cohort raised the
challenge of developing and issuing technical specifications to govern
remote identification interoperability when producers of UAS have not
yet designed UAS with remote identification.
    Based on the above, the FAA decided to take a simplified approach
at this time to remote identification by only adopting the broadcast
requirements in this rule. As adopted, this broadcast-only rule
provides an initial remote identification framework and sets the
foundation for future regulatory actions. As the FAA builds the
regulatory constructs that support increasingly advanced concepts, such
as BVLOS and UTM, the United States Government will be prepared to
solve safety and security issues related to those concepts based on
more mature understandings. At this stage, however, the unknowns
regarding UAS integration make it impractical to expand this rule
beyond a broadcast-only solution.
    For these reasons, the Agency is revising all of part 89, including
but not limited to the operating requirements and minimum performance
requirements for standard remote identification unmanned aircraft, to
eliminate all references to the network capability.
2. Public Comments and FAA Responses
    Comments: Many commenters, including individuals, associations, and
government organizations, expressed concerns with requiring UAS to
connect to the internet and transmit to a Remote ID USS without a
suitable alternative to continue operations when the internet is
unavailable. Commenters noted that there are many areas in the United
States, particularly remote and rural areas that do not have reliable
internet access. Commenters mentioned that these are often some of the
safest places to fly UAS due to low population density on the ground
and less manned aircraft traffic.
    Many commenters asked the FAA to provide a better explanation for
why an internet connection would be required at all, particularly
because under certain circumstances, the proposal allowed for a UAS to
fly when not connected to the internet.
    Depth from Above and others noted that network-based solutions
provide an incomplete picture for the safety and security of standard
remote identification UAS operations because standard remote
identification UAS could operate, in certain scenarios, without
internet access using only broadcast remote identification. The
commenters suggested removing the network requirement to reduce cost
and improve compliance.
    The European Union Aviation Safety Agency noted that unmanned
aircraft designed and manufactured to be compliant with the EU
regulations may not be able to comply with this proposed rule because
under the EU's regulations, broadcast remote identification is
mandatory, whereas the network remote identification is optional.
    Many commenters had questions about the meaning of internet
availability. Commenters noted that many geographic areas might have
internet connectivity but that the signal in some of those areas may
not have enough strength to adequately support internet connected
applications. Many commenters expressed concerns that rural UAS
operators who have limited broadband or cellular access could be
required to purchase increasingly expensive data plans or multiple data
plans to ensure adequate coverage, which may increase costs and lead to
compliance issues.
    The National Rural Electric Cooperative Association (NRECA)
mentioned the FAA was assuming there would be a network of Remote ID
USS able to provide services in rural areas and indicated that
deficiencies exist when market forces are left to provide services to
rural areas. NRECA recommended the FAA consider an FAA-provided service
for at least some parts of the country and a longer implementation
timetable or pilot program.
    Many commenters, including the American Civil Liberties Union,
opposed the requirement to transmit to a Remote ID USS and expressed
concerns with the security of UAS operations using network remote
identification. The commenters listed a number of privacy and security
concerns, including: Hacking into the controls of one or multiple UAS;
deliberate interference with remote identification or Command and
Control (C2) frequencies utilizing unlicensed spectrum; interference
amongst the remote identification and C2 equipment; and cellular high
speed packet access (HSPA) and long term evolution (LTE) interference
with frequencies used for C2 or to downlink video from the unmanned
aircraft to the control station. The American Civil Liberties Union
suggested that requiring UAS to connect to the internet as a condition