given that these operations would be conducted within visual line of
sight and no more than 400 feet from the person manipulating the flight
controls of the UAS.
    Should the UAS remote identification equipment experience a loss of
functionality or malfunction in flight, the FAA proposes in Sec. Sec.
89.110(b) and 89.115(b) to require the person manipulating the flight
controls of the UAS to land as soon as practicable. The FAA does not
define the phrase ``land as soon as practicable'' and expects that the
person manipulating the flight controls of the UAS will take steps to
land in a safe manner. For instance, if the aircraft is still within
visual line of sight, the safest option may be to keep the aircraft
within sight to avoid other aircraft and return to the departure point.
For a standard remote identification UAS operating BVLOS, the safest
way to land may be to continue to the intended destination.

E. Valid Declaration of Compliance

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also identify declarations of compliance that have been rescinded.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

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

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

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

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

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

G. Example Operating Scenarios

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

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

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

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

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

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

XI. Law Enforcement Access to Remote Identification and Registration
Information

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

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

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

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

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

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

Inspection Services is conducting an authorized inspection.

XII. Means of Compliance

A. Introduction

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

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

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

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

B. Applicability

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

C. Remote Identification Message Elements

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

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

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

D. Minimum Performance Requirements

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

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

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

an entity would be able to develop a mobile phone application that
allows the user to view unmanned aircraft operating nearby on a map
display.
11. Message Elements Performance Requirements
    As proposed in Sec.  89.310(j) for standard remote identification
UAS and Sec.  89.320(j) for limited remote identification UAS, the FAA
would require that all UAS with remote identification meet certain
minimum requirements regarding the transmission of the message elements
including the minimum performance requirements related to positional
accuracy, barometric pressure, message latency, and message
transmission rate. The FAA invites comments on whether the parameters
for the message elements performance requirements proposed in Sec.
89.310(j) and Sec.  89.320(j) are appropriate and requests commenters
submit specifics, supported by data, to sustain their position.
i. Transmission and Broadcast of Identical Message Elements
    Under Sec.  89.310(j)(1), the FAA is proposing that standard remote
identification UAS transmit and broadcast identical message elements.
ii. Positional Accuracy
    The FAA is proposing positional accuracy requirements that are
compatible with commercial off the shelf position sources, such as GPS
receivers integrated into many existing UAS, smart phones, or other
smart devices. For an unmanned aircraft, the position source is
considered to be equipment onboard the aircraft that computes a
geodetic position (latitude and longitude). The position source can be
a separate sensor or can be integrated into other systems. While the
FAA anticipates that most unmanned aircraft would use a GPS receiver as
the position source, other equipment could be used as long as it is
capable of producing the required message elements and meets the
proposed accuracy requirement. For a control station, the position
source is considered to be equipment that is either integrated into the
control station or separate from but in close proximity to the control
station. For example, a commercially available smart phone with a GPS
receiver could be an acceptable control station position source if it
meets the proposed accuracy requirement.
    As proposed in Sec.  89.310(j)(2) for standard remote
identification UAS, the reported position of the unmanned aircraft and
control station would have to be accurate to within 100 feet of the
true position, with 95 percent probability. For limited remote
identification UAS, the same requirement is proposed in Sec.
89.320(j)(1) except that it would only apply to the control station
since the FAA is not proposing an unmanned aircraft location message
element requirement for limited remote identification UAS. The proposed
100-foot accuracy requirement is based on the 30-meter (98.4 feet)
accuracy requirement for commercial off the shelf GPS position sources
allowed for Traffic Awareness Beacon System (TABS) equipment in TSO-
C199.\69\
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    \69\ See http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/0/1600df588a6f53ae 86257d710070d105/$FILE/TSO-C199.pdf.
Accessed July 31, 2019.
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    Based on information the FAA has reviewed from UAS producers and
smart device technology developers, the FAA believes this accuracy
requirement is achievable by the majority of GPS-enabled UAS and smart
devices in use today, and indications are that future GPS-based
technology will have improved accuracy compared to current systems. The
FAA expects that future UAS will take advantage of technological
advancements in position source accuracy to provide even greater
accuracies as technologies evolve.
iii. Barometric Pressure Altitude Accuracy
    The FAA is proposing an unmanned aircraft and control station
barometric pressure altitude accuracy requirement that it believes is
compatible with barometers integrated into many existing UAS, smart
phones, and smart devices.
    As proposed in Sec.  89.310(j)(3) for standard remote
identification UAS, the reported barometric pressure altitude for the
unmanned aircraft and the control station would be required to be
accurate to within 20 feet of the true barometric pressure altitude for
pressure altitudes ranging from 0 to 10,000 feet. For limited remote
identification UAS, the same requirement is proposed in Sec.
89.320(j)(2) for the control station only, as there is no unmanned
aircraft pressure altitude message element requirement for limited
remote identification UAS. Based on information the FAA has reviewed
from producers of UAS, the FAA believes this requirement is achievable
by many UAS and smart devices in use today that are equipped with a
barometer. In addition, there are indications that UAS and smart device
barometer technology is continually improving in terms of accuracy, and
the FAA expects the trend of improving performance and accuracy of
these systems to continue. The FAA seeks comment from UAS designers and
producers and other interested individuals on whether the proposed
barometric pressure altitude accuracy requirement is consistent with
current and anticipated future UAS performance capabilities.
iv. Remote Identification Message Latency
    The FAA is proposing a remote identification system latency
requirement that it believes is compatible with existing commercial off
the shelf UAS systems, including position sources, and both transmit
and broadcast technologies. The proposed latency requirement would
apply to both the transmitted message set and the broadcast message set
and is the time between when a position is measured by the unmanned
aircraft or control station position source and when it is transmitted
and broadcast by the remote identification equipment. The latency
requirement does not apply to any systems external to the UAS, such as
broadcast receivers or information display devices. Based on
information the FAA has reviewed from manufacturers of commercial off
the shelf position sources, broadcast equipment, and transmission
equipment, the FAA believes a latency of no more than one second is
achievable by existing systems. The FAA therefore proposes that this is
the appropriate latency requirement for the remote identification
message set in Sec.  89.310(j)(4) for standard remote identification
UAS and in Sec.  89.320(j)(3) for limited remote identification UAS.
v. Remote Identification Message Transmission Rate
    The FAA is proposing a transmission rate for the remote
identification message elements that it believes is compatible with
existing commercial off the shelf UAS systems, including both internet
connectivity and broadcast technologies. The proposed transmission rate
would apply to both the message elements transmitted to a Remote ID USS
and broadcast, and is the minimum rate at which the remote
identification message would be either broadcast or transmitted to a
Remote ID USS by the remote identification equipment. The FAA believes
a transmission rate of at least 1 message per second (1 hertz) is
achievable by existing systems and is proposing this as the minimum
transmission rate for the remote identification message elements in
Sec.  89.310(j)(5) for standard remote

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

E. Other Performance Requirements Considered

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

F. Submission and FAA Acceptance of Means of Compliance

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

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

G. Rescission of a Means of Compliance

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

H. Record Retention Requirements

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

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

XIII. Design and Production Requirements

A. Applicability and Summary of Requirements

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

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

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

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

B. Requirement To Issue Serial Numbers

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

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

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

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

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

C. Requirement To Label UAS

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

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

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

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

E. Requirement To Submit a Declaration of Compliance

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

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

F. Accountability

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

XIV. Remote Identification UAS Service Suppliers

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

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

A. UAS Service Suppliers (USS)

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

B. Remote ID USS

    A Remote ID USS would be a person or entity qualified by the FAA to
provide remote identification services to UAS. A Remote ID USS would
perform four primary functions: (1) Collect and store the remote
identification message elements; (2) provide identification services on
behalf of the UAS operator and act as the UAS operator's access point
to identification services; (3) provide the FAA access to the remote
identification information collected and stored upon request through a
data connection that may be on-demand or a continuous connection
depending on safety and security needs; and (4) inform the FAA when its
services are active and inactive.
    Although a USS may be qualified as both a Remote ID USS and a LAANC
USS, the services provided and the terms for providing each service
would be independent from one another. Although the FAA anticipates
that most Remote ID USS would offer their services to the general
public, a Remote ID USS, such as an operator of multiple routine
unmanned aircraft flights, may choose to provide remote identification
services only for its own fleet. Additionally, the FAA expects that the
majority of Remote ID USS would likely come from private industry;
however, the FAA anticipates other Federal agencies may consider
creating a Remote ID USS to manage their own flights. Although some
Remote ID USS may choose to offer their services for free, Remote ID
USS may have a variety of business models and may choose to require a
subscription, payment, or personal information to access that Remote ID
USS.
    The FAA does not propose to require a Remote ID USS be universally
compatible with all UAS. That said, the FAA anticipates that some UAS
manufacturers will also be Remote ID USS. In those cases, the Remote ID
USS may choose to only connect to UAS made by the same manufacturer.
This model is similar to how mobile telephone networks sell devices
that can only be used on their networks. The FAA requests comment on
whether manufacturers should be permitted to produce UAS that are only
compatible with a particular Remote ID USS.
    Persons operating UAS with remote identification would be required
to interact with a Remote ID USS. The FAA envisions that a UAS operator
would connect to the Remote ID USS through the internet using a variety
of different technologies, such as cellular phone applications, web-
based interfaces, or other tools. The FAA expects some Remote ID USS
may provide UAS operators with a session ID that would be used in place
of the unmanned aircraft serial number to satisfy the UAS
Identification message element requirement. Such Remote ID USS would be
responsible for generating (and maintaining) the session IDs.
    To ensure safety in the airspace of the United States, the FAA may
require access to the remote identification message elements
transmitted by UAS with remote identification to Remote ID USS. This
request may take the form of an individual query or a continuous
connection to the Remote ID USS. In addition, the FAA anticipates
providing that information, to other airspace users, authorized Federal
Government partners, and law enforcement entities as discussed in
section XI of this preamble. Upon request, a Remote ID USS would be
required to provide the FAA: (1) The near real-time remote
identification message elements that meet the minimum message element
performance requirements discussed in sections XII.C and XII.D.11 of
this preamble; and (2) stored remote identification data.
    Under proposed Sec.  89.135, the Administrator would contractually
require that Remote ID USS retain the remote identification message
elements for no more or less than six months from the date of receiving
the message elements. For enforcement actions against certificate
holders under 49 U.S.C. 44709, the Administrator has six months to
notify the respondent that the FAA will be pursuing enforcement action
against him or her pursuant to 49 CFR 821.33. The FAA believes that a
six-month retention period is the minimum amount of time the FAA needs
to access the remote identification message elements from the Remote ID
USS. Additionally, the FAA believes that six months represents a
balance between security and law enforcement purposes on the one hand
and privacy interests on the other. The FAA requests comments on
whether six months should be the period for retention of the remote
identification message elements by Remote ID USS.
    One critical element of implementing remote identification would be
the establishment of a cooperative data exchange mechanism between the
FAA and Remote ID USS. On December 20, 2018, the FAA issued a Request
for Information (RFI), seeking industry participation in developing
remote identification information technology applications and informing
the Remote ID USS technical terms and conditions.\75\ Working with an
industry group selected through the RFI, the FAA intends to establish
the technological

interfaces between Remote ID USS and the FAA, and demonstrate and
evaluate a prototype remote identification capability. The FAA
anticipates that Remote ID USS will be available to the public by the
effective date of the final rule.
---------------------------------------------------------------------------

    \75\ The FAA UAS Remote Identification Request for Information
(RFI), issued December 20, 2018 and amended January 31, 2019 is
available at https://faaco.faa.gov/index.cfm/announcement/view/32514.
---------------------------------------------------------------------------

C. Data Privacy and Information Security

    The remote identification message elements that operators would be
required to transmit to a Remote ID USS under this rule would be
considered publicly accessible information. However, the FAA recognizes
the need for privacy of other information that may be voluntarily
provided to a Remote ID USS by an operator, particularly where an
operator would use the Remote ID USS for other value-added services.
The FAA would not have access to information collected by Remote ID USS
other than the remote identification information required by this rule.
    The MOA signed by Remote ID USS would require it to agree to
privacy protections of any data that the Remote ID USS would not have
received but for its qualification as a Remote ID USS. This data would
include personally identifiable information received from operators.
The FAA expects that the MOA would require user permission for any data
sharing or additional information gathered by the Remote ID USS.
Prospective Remote ID USS would also be reviewed for consistency with
national security and cybersecurity requirements and export
administration regulations.
    The remote identification message elements transmitted by a
standard remote identification UAS or limited remote identification UAS
to a Remote ID USS may be available to the general public. Remote ID
USS would be required to provide to the public, for no cost, the UAS
Identification message element, either the UAS serial number or session
ID. At this time, the FAA does not intend to make registration data
held under 14 CFR part 48 available to Remote ID USS or the general
public. The FAA would provide registration data associated with a
particular serial number or session ID only to law enforcement or the
Federal Government. The FAA welcomes comments on whether it should
provide some fields in the registration database to some or all Remote