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U.S. Department of Transportation Issues Two Much-Anticipated Drone Rules to Advance Safety and Innovation in the United States
WASHINGTON — The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today announced final rules for Unmanned Aircraft (UA), commonly known as drones. The new rules will require Remote Identification (Remote ID) of drones and allow operators of small drones to fly over people and at night under certain conditions. These rules come at a time when drones represent the fastest-growing segment in the entire transportation sector – with currently over 1.7 million drone registrations and 203,000 FAA-certificated remote pilots.
Remote ID will help mitigate risks associated with expanded drone operations, such as flights over people and at night, and both rules support technological and operational innovation and advancements.
“These final rules carefully address safety, security and privacy concerns while advancing opportunities for innovation and utilization of drone technology,” said U.S. Secretary of Transportation Elaine L. Chao.
Remote ID is a major step toward the full integration of drones into the national airspace system. Remote ID provides identification of drones in flight as well as the location of their control stations, providing crucial information to our national security agencies and law enforcement partners, and other officials charged with ensuring public safety. Airspace awareness reduces the risk of drone interference with other aircraft and people and property on the ground.
“The issuance of the final rule for Remote ID represents a greatly anticipated evolution for increasing public safety surrounding unmanned aircraft systems (UAS) operations,” said Chief Charles Werner (ret.), Director of DRONERESPONDERS, the world’d leading 501(c)3 non-profit program supporting the use of drones by first responders. “Upon final implementation, Remote ID technology will provide law enforcement agencies and security stakeholders with an increased ability to evaluate low altitude UAS traffic within their respective jurisdictions.”
Equipping drones with Remote ID technology builds on previous steps taken by the FAA and the drone industry to integrate operations safely into the national airspace system.Part 107 of the Federal aviation regulations currently prohibits covered drone operations over people and at night unless the operator obtains a waiver from the FAA. The new FAA regulations jointly provide increased flexibility to conduct certain small UAS without obtaining waiver.
“The new rules make way for the further integration of drones into our airspace by addressing safety and security concerns,” said FAA Administrator Steve Dickson. “They get us closer to the day when we will more routinely see drone operations such as the delivery of packages.”
The Remote ID rule applies to all operators of drones that require FAA registration. There are three ways to comply with the operational requirements:- Operate a standard Remote ID drone that broadcasts identification and location information of the drone and control station;
- Operate a drone with a Remote ID broadcast module (may be a separate device attached to the drone), which broadcasts identification, location, and take-off information; or
- Operate a drone without Remote ID but at specific FAA-recognized identification areas.
The Operations over People and at Night rule applies to Part 107 operators. The ability to fly over people and moving vehicles varies depending on the level of risk a small drone operation presents to people on the ground. Operations are permitted based on four categories, which can be found in the executive summary accompanying the rule. Additionally, this rule allows for operations at night under certain conditions.
The final rule requires that small drone operators have their remote pilot certificate and identification in their physical possession when operating, ready to present to authorities if needed. This rule also expands the class of authorities who may request these forms from a remote pilot. The final rule replaces the requirement to complete a recurrent test every 24 calendar months with the requirement to complete updated recurrent training that includes operating at night in identified subject areas.
Both rules will become effective 60 days after publication in the Federal Register. The Remote ID rule includes two compliance dates. Drone manufacturers will have 18 months to begin producing drones with Remote ID, with operators having an additional year to start using drones with Remote ID.
How Remote ID will impact U.S. Public Safety Agencies:- What will the requirement be for public safety?
Public safety agencies are required to comply with part 89 unless otherwise authorized. - How does the FAA or DOJ plan on enforcing RID?
The FAA is responsible for ensuring compliance with part 89. Enforcement of this rule will follow the policies listed in FAA Order 2150.3. - When does it become effective?
A person producing a standard Remote ID UA for operation in the National Airspace System must comply with the requirements of the rule no later than 60 days + 18 months from publication. - A person producing a Remote ID broadcast module must comply with the requirements of the rule 60 days from publication.
Operators will be required to comply with Remote ID 60 days + 30 months from publication. - Will RID only be required in Controlled Airspace, and other congested areas (Stadium TFR, highly populated urban areas, etc.)?
Remote ID is required when operating anywhere in the National Airspace System and not located inside a FAA-Recognized Identification Area (FRIA). - Will RID be required for flight below 400ft? Will RID be required in unrestricted airspace? How will RID deter criminals that don't care about RID?
Remote ID will be required for any UAS (manufactured or home-built) that requires registration and is operating in the National Airspace System (NAS). Rule-making assumes compliance with the regulations. Those individuals who do not comply will be subject to FAA enforcement action as provided for in FAA Order 2150.3. - Can RID be used as a mitigation for flying UAS in an overly restricted TFR (DC FRZ, VIP TFR, etc.)?
It is up to the security agency controlling the TFR to provide authorization for UAS operations and to make a determination on any risk mitigations Remote ID may offer. - Will public safety be required to provide RID, especially for sensitive missions?
Public safety agencies are required to comply with the Remote ID rule. There are provisions (under development) that allow for operations without Remote ID when authorized by the Administrator. - What is the requirement for existing drones?
All UAS that require registration and are operating in the National Airspace System (NAS) must comply with part 89. For existing drones, this may be accomplished by affixing an approved transmitter to the aircraft and operating as a Broadcast Module Remote ID UAS. - How do we retrofit older custom drones to comply? For smaller companies that build their own UAS what’s the procedure?
The person installing the Remote ID broadcast module must perform the retrofit in accordance with the instructions provided by the producer of the Remote ID broadcast module to ensure that the broadcast module is compatible with the UA, that the installation is completed successfully, and that the Remote ID functionality is compliant with all the requirements of this rule. - At what point does RID become the manufacturers liability (i.e. from purchase, from registration?)
Manufacturers of Standard Remote ID UAS or Remote ID Broadcast Modules are responsible for ensuring their equipment is in compliance with an FAA-approved Means of Compliance (MOC) and declared in their Declaration of Compliance (DOC). The operator of a UAS is responsible for ensuring proper Remote ID transmission prior to flight. - Will RID require some sort of monthly subscription? Cost?
No. Neither Standard Remote ID nor Broadcast Module Remote ID require a subscription service. - Will this require network connectivity to achieve?
No. Both Standard Remote ID and Broadcast Module Remote ID will operate on radio frequency spectrums such as WiFi or Bluetooth, transmitted from the UAS or broadcast module itself. - How will RID be received by public safety? Is there a cost?
The FAA envisions industry stakeholders will identify the appropriate spectrum to use for Remote ID and would propose solutions through the Means of Compliance (MOC) acceptance process. The purpose of this requirement is to ensure 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. - What information will be required to be provided?
Standard Remote ID: Identification, location, and performance information for both the UA and the control station.
Broadcast Module Remote ID: Identification, location, and performance information about the UA and the UA’s takeoff location. - Will personally identifiable information be publicly available for all sUAS operations?
No. Both Remote ID options broadcast either the serial number assigned to the UA or broadcast module, or a session ID. - Is operator/pilot location going to be shared with the general public under the packet transmission?
Under Standard Remote ID, the location and elevation of the control station is included in the transmission elements.
Under Remote ID Broadcast Module, the takeoff location and elevation are included in the transmission elements.
Both Standard Remote ID and Broadcast Module Remote ID will operate on radio frequency spectrums such as WiFi or Bluetooth, transmitted from the UAS or broadcast module itself. - Is there a way to integrate this RID information into other LE databases?
In addition to aiding the FAA in its civil enforcement of FAA regulations, the FAA anticipates that law enforcement and national security agencies will find remote identification information useful for criminal enforcement, public safety, and security purposes. The FAA envisions pairing remote identification data with certain registration data, when necessary, for accredited and verified law enforcement and Federal security agencies. - What about rogue flyers who intend to defy RID?
Enforcement will follow the policies listed in FAA Order 2150.3. - Is there a no RID compliance, no takeoff allowed requirement in place?
Prior to takeoff, the UAS must be checked by the operator to ensure it is transmitting appropriate Remote ID information per part 89. - Is there any practical way for hobbyists who build their own RC planes and quadcopters and then prefer to fly them in locations that are not designated as a FRIA zone (i.e. their own property, local parks, schools, federal public lands, etc.) to comply with this rule?
No. Remote ID will be required for any UAS (manufactured or home-built) that requires registration and is operating in the National Airspace System (NAS). - Can a city or town create their own FRIA type areas (parks, open space, etc.)?
FRIAs may only be requested by FAA-recognized Community-Based Organizations and educational institutions. - Can FPV Remote Pilots fly outside FRIAs?
Remote ID will be required for any UAS (manufactured or home-built) that requires registration and is operating in the National Airspace System (NAS). Operating contrary to part 89 is subject to FAA enforcement action provided for in FAA Order 2150.3. - How will RID impact disaster response operations?
Disaster response operations may continue as they have in the past. Once Remote ID is in effect, those UAS will need to be equipped in accordance with part 89. Emergency operations/authorizations will still be available through the Special Governmental Issuance (SGI) process. - What do organizations supporting public safety UAS operations need to know about RID?
Remote ID is mandatory for any UAS that is required to be registered under parts 47 or 48. There are two types of Remote ID transmissions:
Standard Remote ID: Identification, location, and performance information for both the UA and the control station.
Broadcast Module Remote ID: Identification, location, and performance information about the UA and the UA’s takeoff location.
Remote ID is not an operational rule, it’s an equipment requirement.
Part 89 does allow for operations without Remote ID through specific FAA authorization or an FAA Recognized Identification Area (FRIA).
FAA authorization provision in 89.110 or 89.115 is under process development at this time. More information on this provision will be announced in the coming months.
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