[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Proposed Rules]
[Pages 72438-72524]
[FR Doc No: 2019-28100]

Vol. 84

Tuesday,

No. 250

December 31, 2019

Part II

Department of Transportation

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Federal Aviation Administration

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

Remote Identification of Unmanned Aircraft Systems; Proposed Rule

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

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

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

Remote Identification of Unmanned Aircraft Systems

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

ACTION: Notice of proposed rulemaking.

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

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

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

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

Table of Contents

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

List of Abbreviations Frequently Used in This Document

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

UTM--Unmanned aircraft systems traffic management

I. Executive Summary

A. Introduction and Overview

    This proposed rule would establish requirements for the remote
identification of unmanned aircraft systems (UAS) \1\ operated in the
airspace of the United States. Remote identification (or Remote ID) is
the ability of an unmanned aircraft in flight to provide certain
identification and location information that people on the ground and
other airspace users can receive. This is an important building block
in the unmanned traffic management ecosystem. For example, the ability
to identify and locate UAS operating in the airspace of the United
States provides additional situational awareness to manned and unmanned
aircraft. This will become even more important as the number of UAS
operations in all classes of airspace increases. In addition, the
ability to identify and locate UAS provides critical information to law
enforcement and other officials charged with ensuring public safety.
While remote identification alone will not enable routine expanded
operations such as operations over people or beyond visual line of
sight, it is a critical element for building unmanned traffic
management capabilities. The FAA envisions that the remote
identification network will form the foundation for the development of
other technologies that can enable expanded operations.
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    \1\ The FAA does not use the terms unmanned aircraft system and
unmanned aircraft interchangeably. The FAA uses the term unmanned
aircraft as defined in 14 CFR 1.1 to refer specifically to the
unmanned aircraft itself. The FAA uses the term unmanned aircraft
system to refer to both the unmanned aircraft and any communication
links and components that control the unmanned aircraft. As
explained in section VII of this proposed rule, the FAA is proposing
to add the definition of unmanned aircraft system to part 1 of 14
CFR.
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    Full implementation of remote identification relies on three
interdependent parts that are being developed concurrently. The first
is this proposed rule, which establishes operating requirements for UAS
operators and performance-based design and production standards for
producers of UAS. The second is a network of Remote ID UAS Service
Suppliers (Remote ID USS) that would collect the identification and
location in real-time from in-flight UAS. The Remote ID USS would
perform this service under contract with the FAA, based on the same
model the FAA currently uses for the Low Altitude Authorization and
Notification Capability (LAANC).\2\ The third part of the remote
identification ecosystem is the collection of technical requirements
that standards-setting organizations will develop to meet the
performance-based design and production requirements in this proposed
rule.
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    \2\ For more information on LAANC, consult https://www.faa.gov/uas/programs_partnerships/data_exchange/. On December 20, 2018, the
FAA issued a request for information (RFI) seeking data exchange
strategies and demonstrations for potential Remote ID USS. For more
information on the RFI, consult https://faaco.faa.gov/index.cfm/announcement/view/32514.
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    All UAS operating in the airspace of the United States, with very
few exceptions, would be subject to the requirements of this rule. All
UAS operators would be required to comply regardless of whether they
conduct recreational or commercial operations, except those flying UAS
that are not otherwise required to be registered under the FAA's
existing rules. All UAS produced for operation in the airspace of the
United States would have to comply with the design and production
requirements established in this proposal with exceptions for amateur-
built UAS, UAS of the United States government, and unmanned aircraft
that weigh less than 0.55 pounds.
    This proposal establishes design and production requirements for
two categories of remote identification: Standard remote identification
UAS and limited remote identification UAS. Standard remote
identification UAS would be required to broadcast identification and
location information directly from the unmanned aircraft and
simultaneously transmit that same information to a Remote ID USS
through an internet connection. Limited remote identification UAS would
be required to transmit information through the internet only, with no
broadcast requirements; however, the unmanned aircraft would be
designed to operate no more than 400 feet from the control station.
Under this proposal, the vast majority of UAS would be required to
comply with one of these two categories of remote identification. For
those limited exceptions, which include certain amateur-built UAS and
UAS manufactured prior to the compliance date, operators flying UAS
without remote identification capabilities would be permitted to fly
only at certain specific geographic areas established under this rule
specifically to accommodate them.
    This proposal envisions that within three years of the effective
date of this rule, all UAS operating in the airspace of the United
States will be compliant with the remote identification requirements.
No UAS could be produced for operation in the United States after two
years and no UAS could be operated after three years except in
accordance with the requirements of this proposal. Details on the
requirements and their applicability are in the sections that follow.

B. Purpose of the Regulatory Action

    The FAA is integrating unmanned aircraft systems (UAS) operations
into the airspace of the United States through a phased, incremental,
and risk-based approach.\3\
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    \3\ Consult https://www.faa.gov/uas for additional information
regarding UAS operations.
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    On June 28, 2016, the FAA achieved a major step towards UAS
integration when it published the final rule for Operation and
Certification of Small Unmanned Aircraft Systems.\4\ This was one of
multiple UAS-related regulatory actions taken by the FAA to enable the
safe integration of UAS into the airspace of the United States. As
technology progresses and the utility of UAS increases, the FAA
anticipates a need for further rulemaking to continue to foster the
safe, secure, and efficient use of the airspace of the United States.
The FAA believes that the next step in the regulatory process is to
develop regulatory requirements that enable the remote identification
of UAS operating in the airspace of the United States.
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    \4\ 81 FR 42064.
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    The remote identification of UAS is necessary to ensure public
safety and the safety and efficiency of the airspace of the United
States. The remote identification framework would provide UAS-specific
data, which could be used in tandem with new technologies and
infrastructure to facilitate future, more advanced operational
capabilities (such as detect-and-avoid and aircraft-to-aircraft
communications that support beyond visual line of sight operations) and
to develop the necessary elements for comprehensive UAS traffic
management (UTM). Furthermore, remote identification of UAS would
provide airspace awareness to the FAA, national security agencies, and
law enforcement entities. This information could be used to distinguish
compliant airspace users from those potentially posing a safety or
security risk.
    Current rules for registration and marking of unmanned aircraft
facilitate the identification of the owners of unmanned aircraft, but
normally only upon physical examination of the aircraft. Existing
electronic surveillance technologies like transponders and Automatic
Dependent Surveillance-

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

C. Summary of the Proposed Rule

    This proposed rule provides a framework for remote identification
of all UAS operating in the airspace of the United States. The rule
would facilitate the collection and storage of certain data such as
identity, location, and altitude regarding an unmanned aircraft and its
control station.
    The FAA is proposing to tie the remote identification requirements
to the registration of unmanned aircraft because the FAA and law
enforcement agencies have a need to correlate remote identification and
registration data. The proposed rule would therefore impose operating
requirements on persons operating unmanned aircraft registered or
required to be registered under title 14, Code of Federal Regulations
(CFR), part 47 or part 48, and on persons operating foreign civil
unmanned aircraft in the United States. The proposed rule would also
impose requirements on persons applying for and using FAA-recognized
identification areas (areas specifically recognized by the FAA where
UAS without remote identification equipment could operate) and
requirements for persons developing means of compliance (e.g.,
standards) that describe how a UAS would be designed and produced to
meet the performance requirements proposed in this rule. Finally, the
proposed rule would require persons designing and producing UAS with
remote identification for operations in the United States to produce
them using an FAA-accepted means of compliance.
    UAS owners, UAS operators (including pilots, remote pilots,
recreational flyers, and other persons manipulating the flight controls
of UAS), UAS designers and producers, developers of remote
identification means of compliance, and Remote Identification UAS
Service Suppliers (Remote ID USS) would have important roles in the
remote identification of UAS. The subsections that follow describe the
roles and responsibilities of each of these groups within the scope of
the proposed rule.
1. UAS Owners
    The FAA proposes to revise the registration requirements to require
all owners of unmanned aircraft to register each unmanned aircraft
individually when registering under part 48. Furthermore, the owners of
standard or limited remote identification unmanned aircraft would have
to provide the serial number of all unmanned aircraft registered under
part 47 or part 48, on or before the 36th month after the effective
date of the final rule. The serial number would establish the unique
identity of the unmanned aircraft. The serial number provided during
registration or re-registration would have to be issued by the producer
of the unmanned aircraft and comply with the ANSI/CTA-2063-A serial
number standard.
    Owners of unmanned aircraft used exclusively for limited
recreational operations \5\ who currently register multiple aircraft
under a single registration number would be required to register each
aircraft, individually by manufacturer, model, and, if the unmanned
aircraft is a standard or limited remote identification unmanned
aircraft, the aircraft's serial number, on or before the 36th month
after the effective date of the final rule. The owners of small
unmanned aircraft registered after the effective date of the final rule
would have to comply with the new registration requirements prior to
the operation of the unmanned aircraft.
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    \5\ This proposal uses the term ``limited recreational
operations'' when discussing current registration requirements under
part 48. Part 48 uses the term ``model aircraft'' to describe
recreational UAS operations. The FAA considers that model aircraft
under part 48 are consistent with the ``limited recreational
operations'' described in 49 U.S.C. 44809, therefore ``limited
recreational operations'' has been used throughout to ensure
consistency of terminology with current statutory requirements.
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    The registration requirements are discussed in section IX of this
preamble.
2. UAS Operators
i. Remote Identification Operating Requirements
    Under the proposed rule, a person operating a UAS in the airspace
of the United States would have to meet the remote identification
requirements in one of three ways, depending upon the capabilities of
the UAS, on or before the 36th month after the effective date of the
final rule.
a. Standard Remote Identification UAS
    For purposes of this proposed rule, a ``standard remote
identification UAS'' is a UAS with remote identification equipment
capable of both: (1) Connecting to the internet and transmitting
through that internet connection to a Remote ID USS; and (2)
broadcasting directly from the unmanned aircraft. Standard remote
identification UAS are discussed further in section X.A.1 of this
preamble. Any person operating a standard remote identification UAS
would be required to ensure:
     The UAS was designed and produced to meet the minimum
performance requirements of the rule using an FAA-accepted means of
compliance for standard remote identification UAS. Persons would be
able to meet this obligation by ensuring that the serial number of the
standard remote identification UAS is listed on an FAA-accepted
declaration of compliance. A person operating a UAS would be able to
read the label on the aircraft indicating whether the UAS is a

standard or limited remote identification UAS. Additionally, a person
could determine whether the UAS is listed on an FAA-accepted
declaration of compliance by verifying the status on the FAA's website.
The standard remote identification UAS broadcasts the remote
identification message elements directly from the unmanned aircraft
from takeoff to landing.
     When the internet is available at takeoff, the standard
remote identification UAS connects to the internet and transmits the
required message elements through that internet connection to a Remote
ID USS.
    The required message elements include, among others, a UAS
Identification to establish the unique identity of the UAS. Operators
would have to choose whether to use the serial number of the unmanned
aircraft or a session ID (e.g., a randomly-generated alphanumeric code
assigned by a Remote ID USS on a per-flight basis designed to provide
additional privacy to the operator) as the UAS Identification. The
required message elements are discussed in section XII.C of this
preamble.
    A person could operate a standard remote identification UAS only
if: (1) It has a serial number that is listed on an FAA-accepted
declaration of compliance; (2) its remote identification equipment is
functional and complies with the requirements of the proposed rule from
takeoff to landing; and (3) its remote identification equipment and
functionality have not been disabled.
b. Limited Remote Identification UAS
    For purposes of this proposed rule, a ``limited remote
identification UAS'' is a UAS that: (1) Is designed and produced to
restrict operation to no more than 400 feet from its control station;
(2) is capable of connecting to the internet and transmitting the
remote identification message elements through that internet connection
to a Remote ID USS; and (3) cannot broadcast remote identification
message elements. Limited remote identification UAS are discussed
further in section X.A.2 of this preamble. Persons operating a limited
remote identification UAS would be required to operate within visual
line of sight and ensure that:
     The UAS was designed and produced to meet the minimum
performance requirements of the rule using an FAA-accepted means of
compliance for a limited remote identification UAS. Persons would be
able to meet this obligation by ensuring that the serial number of the
limited remote identification UAS is listed on an FAA-accepted
declaration of compliance. Additionally, a person could determine
whether the UAS is listed on an FAA-accepted declaration of compliance
by verifying the status on the FAA's website.
     From takeoff to landing, the limited remote identification
UAS connects to the internet and transmits the required remote
identification message elements through that internet connection to a
Remote ID USS.
    The required message elements would include, among others, a UAS
Identification to establish the unique identity of the UAS. Operators
would have to choose whether to use the unmanned aircraft's serial
number or a session ID assigned by a Remote ID USS as the UAS
Identification. The required message elements are discussed in section
XII.C of this preamble.
    A person could operate a limited remote identification UAS only if:
(1) it has a serial number that is listed on an FAA-accepted
declaration of compliance; (2) its remote identification equipment is
functional and complies with the requirements of the proposed rule from
takeoff to landing; and (3) its remote identification equipment and
functionality have not been disabled. Examples of the use of limited
remoted identification UAS are further discussed in section X.G of this
preamble.
c. UAS Without Remote Identification Equipment
    Under the proposed rule, the vast majority of UAS would be required
to have remote identification capability, however as discussed in
section X. A. 3, a limited number of UAS would continue to not have
remote identification. The FAA envisions that upon full implementation
of this rule, no unmanned aircraft weighing more than 0.55 pounds will
be commercially available that is not either a standard remote
identification UAS or a limited remote identification UAS. However,
there will be certain UAS including amateur built aircraft and
previously manufactured UAS that might not have remote identification
capability. A person operating a UAS without remote identification
equipment would always be required to operate within visual line of
sight \6\ and within an FAA-recognized identification area. Under the
proposed rule, an FAA-recognized identification area is a defined
geographic area where UAS without remote identification can operate. An
area would be eligible for establishment as an FAA-recognized
identification area if it is a flying site that has been established
within the programming of a community based organization recognized by
the Administrator. The FAA would maintain a list of FAA-recognized
identification areas at https://www.faa.gov. FAA-recognized
identification areas are discussed further in section XV of this
preamble.
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    \6\ While this proposed rule does not propose any changes to
requirements related to beyond visual line of sight (BVLOS)
operations, the FAA intends for the rule to be dynamic to account
for future changes related to line of sight operations. The FAA
specifically notes that this rulemaking requires UAS without remote
identification equipment to always be operated within line of sight.
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ii. Prohibition Against the Use of ADS-B Out and Transponders
    The proposed rule also prohibits use of ADS-B Out and transponders
for UAS operations under 14 CFR part 107 and part 91 unless otherwise
authorized by the FAA. The FAA is concerned that the potential
proliferation of ADS-B Out transmitters on UAS may negatively affect
the safe operation of manned aircraft in the airspace of the United
States. The projected numbers of UAS operations have the potential to
saturate available ADS-B frequencies, affecting ADS-B capabilities for
manned aircraft and potentially blinding ADS-B ground receivers. The
FAA is therefore proposing that UAS operators, with limited exceptions,
be prohibited from using ADS-B Out or transponders. The prohibition
against the use of ADS-B Out and transponders is discussed in Section
XVI of this preamble.
3. UAS Designers and Producers
    For each UAS designed or produced for operation in the United
States, the person responsible for the design or production of the
unmanned aircraft system (with limited exceptions included in the
proposal) would be required to design or produce the UAS in accordance
with the performance requirements for a standard remote identification
UAS or limited remote identification UAS using an FAA-accepted means of
compliance for remote identification on or before the 24th month after
the effective date of the final rule.
    A person responsible for the production of UAS (with limited
exceptions) would be required to:
     Issue each unmanned aircraft a serial number that complies
with the ANSI/CTA-2063-A serial number standard.
     Label the unmanned aircraft to indicate that it is remote
identification compliant and indicate whether the UAS is standard
remote identification or limited remote identification.
     Submit a declaration of compliance for acceptance by the
FAA, declaring

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

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

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

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

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

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

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

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

D. Summary of Costs and Benefits

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

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

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

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

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

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

              Table 3--Summary of Benefits of Proposed Rule
------------------------------------------------------------------------

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

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

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

E. Structure of This Proposed Rule

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

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

II. Authority for This Rulemaking

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

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

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

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

    On June 28, 2016, the FAA and DOT jointly published the final rule
for Operation and Certification of Small Unmanned Aircraft Systems
(``The 2016 Rule'') in the Federal Register.\11\ This was an important
step towards the integration of civil small UAS operations (for
aircraft weighing less than 55 pounds) into the airspace of the United
States. The 2016 Rule set the initial operational structure and certain
restrictions to allow routine civil operations of small UAS in the
airspace of the United States in a safe manner. Prior to the 2016 Rule,
the FAA authorized commercial UAS operations, including real estate
photography, precision agriculture, and infrastructure inspection,
under section 333 of Public Law 112-95. Over 5,500 operators received
this authorization. The FAA also issued over 900 Certificates of Waiver