Regulatory Alert: FAA Releases Long-Awaited UAS Remote ID Final Rule
December 28, 2020
Today the Federal Aviation Administration (FAA) released a long-awaited final rule that requires remote identification (ID) technology for nearly all unmanned aircraft systems (UAS) operating in the national airspace. The rule establishes a comprehensive framework for ensuring widespread remote ID compliance that will help improve the safety and security of airport operations and facilitate more advanced UAS operations in the future. AAAE has been urging FAA to expedite the publication of a final rule for several years now and welcomes the release today as a positive development in mitigating the risk of UAS-related disruptions at airports across the country.
AAAE is also pleased that FAA's rule makes two notable changes to the proposed rule. First, manufacturers and operators will have 18 and 30 months, respectively, to comply with the new remote ID requirements. FAA shortened the deadline by 6 months than the initial proposal to enable a faster implementation period. Second, FAA eliminated the proposed requirement for all drones to transmit remote ID data to the Internet when such service is available during an operation. Eliminating the Internet connectivity and transmission requirements is a major change that will reduce costs and help ensure operators' compliance with the new rules. AAAE raised both of these issues with the agency in comments that were submitted last March.
In addition to the remote ID rule, FAA also released a second final rule today that allows more routine UAS operations over people and at night under certain circumstances. These additional operational capabilities will enable airports to make increased use of small UAS in their operating environment, reducing costs and improving efficiencies.
Collectively, both rules are major steps forward for the agency's effort to safely integrate UAS into the national airspace. AAAE has prepared the below summary of the documents released today. FAA's press release and announcement can be found here.
FAA's UAS Remote ID Final Rule
Background. For several years AAAE and the airport community have urged FAA to expedite its publication of a rule that implements a framework for requiring UAS to be equipped with remote ID capabilities. The goal of remote ID is to improve the safety and security of airport operations by removing drone user anonymity and making it easier for FAA, airports, and law enforcement to find non-compliant drone operators. In December 2019, FAA published a proposed rule to impose new mandates on UAS owners, operators, and manufacturers to ensure that FAA, law enforcement, and the general public could access data on the location of the operator and unmanned aircraft. In March, AAAE submitted lengthy comments to FAA, generally supporting the proposal but also providing 17 recommendations for FAA to ensure that any remote ID framework meets the needs of airports.
Remote ID Requirements for Operators. Under the final rule, each operator would have three options available for ensuring compliance with remote ID requirements before they could operate in the national airspace: (1) operate a UAS with standard remote ID; (2) operate a UAS equipped with a remote ID broadcast module; or (3) operate within one of several exceptions to remote ID.
Accessing Remote ID Data. Under the rule, law enforcement personnel and members of the general public would be able to receive all the remote ID data through unlicensed RF spectrum using commonly available personal devices, such as a smart phone, tablet, or laptop. FAA does not outline any information about how far, geographically, the data would have to be transmitted. However, manufacturers would have to design the drone to maximize the range at which the broadcast can be received.
Obtaining UAS Owner Information. Once a law enforcement officer or member of the general public obtains the remote ID data, they will still have to take an additional step to ascertain the identity and contact information for the person who registered the drone. In the rule, FAA did not address how law enforcement can quickly track down the registrant's name and contact information that corresponds with the drone identified via remote ID broadcast. AAAE has urged FAA to ensure that law enforcement and qualified airport officials can obtain real-time access to the registration database. This will be an area to monitor moving forward.
No Internet Transmission Requirements. The biggest change made by FAA is the elimination of any requirement for UAS to transmit all remote ID data to the Internet, commonly known as the network requirement. Instead, drones will now only have to broadcast locally via RF spectrum. In making the decision, FAA cited a number of technical and regulatory challenges associated with requiring drones to transmit remote ID data to the Internet. Many AAAE members expressed concern that the costs associated with Internet transmission requirements would deter compliance and outweigh any potential security and safety benefits.
What's Next? FAA's final rule on remote ID requirements for UAS will go into effect 60 days after publication in the Federal Register, which is expected to occur in early January 2021. However, implementation will take much longer. Looking ahead, members should be aware of three key issues as the remote ID requirements are implemented:
Today FAA also released a second final rule that permits the routine operation of small UAS at night, over people, or over moving vehicles under certain conditions. Current FAA regulations prohibit remote pilots from operating their small UAS under these circumstances unless they obtain a FAA waiver. Enabling these types of operations has been a key focus for the UAS industry. The rule would also make a variety of other changes to Part 107, which governs a major portion of small UAS operations in the national airspace.
AAAE has prepared brief highlights of four notable changes that the rule will make. The changes go into effect 60 days after the date of publication in the Federal Register, except for the changes relating to UAS remote pilot training and currency, which go into effect 45 days after publication.
UAS Operations over People. In the rule, FAA establishes four categories of permissible operations over people that are based on the risk of injury they present to people on the ground. Each category contains various safety and operating requirements that must be satisfied before the operation can occur. Manufacturers will have to design and test their drone to certain standards to ensure the safety of its operation and to prevent harm to persons on the ground. UAS operators will be prohibited from flying over open-air assemblies of human beings unless the drone meets certain remote ID capabilities, among other conditions.
UAS Operations at Night. Under the rule, for an operator to fly a small UAS at night, the unmanned aircraft has to be equipped with an anti-collision light visible for at least 3 statute miles and have a flash rate sufficient to avoid a collision. Operators would also have to complete either an updated initial remote pilot knowledge test or the updated recurrent online training prior to performing these operations. FAA indicated that they are updating the testing and training materials to include night subject areas.
Inspection of FAA Certificate and Personal ID. The rule requires FAA-certificated remote pilots to present their FAA-issued certificate and personal ID upon request from any federal, state, or local law enforcement officer, as well as any authorized representative of the Transportation Security Administration. Currently these UAS operators must only present their certificate and ID to FAA upon request. AAAE expressed support for this change in response to the proposal, arguing that it would enable airports and their law enforcement partners, who are typically first responders to an incident, to conduct a timely investigation in the interest of safety and security.
Recurrent Training Changes. For all remote pilots operating under Part 107, FAA's rule replaces the requirement to complete an in-person recurrent aeronautical knowledge test within the previous 24 calendar months prior to operating a small UAS. Moving forward, these pilots will only have to complete online recurrent training every 24 calendar months. The new online training option will be available soon after the rule is published.
If you have any questions or comments, please contact Justin Barkowski at justin.barkowski@aaae.org.
Today the Federal Aviation Administration (FAA) released a long-awaited final rule that requires remote identification (ID) technology for nearly all unmanned aircraft systems (UAS) operating in the national airspace. The rule establishes a comprehensive framework for ensuring widespread remote ID compliance that will help improve the safety and security of airport operations and facilitate more advanced UAS operations in the future. AAAE has been urging FAA to expedite the publication of a final rule for several years now and welcomes the release today as a positive development in mitigating the risk of UAS-related disruptions at airports across the country.
AAAE is also pleased that FAA's rule makes two notable changes to the proposed rule. First, manufacturers and operators will have 18 and 30 months, respectively, to comply with the new remote ID requirements. FAA shortened the deadline by 6 months than the initial proposal to enable a faster implementation period. Second, FAA eliminated the proposed requirement for all drones to transmit remote ID data to the Internet when such service is available during an operation. Eliminating the Internet connectivity and transmission requirements is a major change that will reduce costs and help ensure operators' compliance with the new rules. AAAE raised both of these issues with the agency in comments that were submitted last March.
In addition to the remote ID rule, FAA also released a second final rule today that allows more routine UAS operations over people and at night under certain circumstances. These additional operational capabilities will enable airports to make increased use of small UAS in their operating environment, reducing costs and improving efficiencies.
Collectively, both rules are major steps forward for the agency's effort to safely integrate UAS into the national airspace. AAAE has prepared the below summary of the documents released today. FAA's press release and announcement can be found here.
FAA's UAS Remote ID Final Rule
Background. For several years AAAE and the airport community have urged FAA to expedite its publication of a rule that implements a framework for requiring UAS to be equipped with remote ID capabilities. The goal of remote ID is to improve the safety and security of airport operations by removing drone user anonymity and making it easier for FAA, airports, and law enforcement to find non-compliant drone operators. In December 2019, FAA published a proposed rule to impose new mandates on UAS owners, operators, and manufacturers to ensure that FAA, law enforcement, and the general public could access data on the location of the operator and unmanned aircraft. In March, AAAE submitted lengthy comments to FAA, generally supporting the proposal but also providing 17 recommendations for FAA to ensure that any remote ID framework meets the needs of airports.
Remote ID Requirements for Operators. Under the final rule, each operator would have three options available for ensuring compliance with remote ID requirements before they could operate in the national airspace: (1) operate a UAS with standard remote ID; (2) operate a UAS equipped with a remote ID broadcast module; or (3) operate within one of several exceptions to remote ID.
- UAS with Standard Remote ID. Standard remote ID requires the drone to broadcast via radio frequency (RF) certain data 'locally'—from takeoff to shut down—within a certain geographical range around the drone's location. This data includes (a) a unique identifier for the drone that is linked to the owner's personal information in FAA's registration database; (b) the drone's GPS coordinates, altitude, and velocity; and (c) the control station's GPS coordinates and altitude; among other information.
- UAS with Remote ID Broadcast Modules. A drone could be legally operated under the new rule if it was equipped with a 'remote ID broadcast module,' a retrofit option that allows a UAS built without remote ID to still broadcast remote ID data. The module has to broadcast nearly the same data as the standard remote ID UAS option, including (a) a serial number for the drone; (b) the drone's GPS coordinates, altitude, and velocity; and (c) the GPS coordinates and altitude of the drone's takeoff location, among other information. The module option was not included in the original proposal and is designed to provide flexibility for those operators that cannot meet standard remote ID.
- Exceptions to Remote ID. There are circumstances when a drone could be operated without remote ID under the rule. UAS operated by U.S. Armed Forces and UAS weighing less than 0.55 pounds would be entirely excluded from all remote ID requirements. In addition, a drone without remote ID could be operated in an FAA-recognized identification area (FRIA), commonly known as a flying field, if flown within visual line of sight only.
Accessing Remote ID Data. Under the rule, law enforcement personnel and members of the general public would be able to receive all the remote ID data through unlicensed RF spectrum using commonly available personal devices, such as a smart phone, tablet, or laptop. FAA does not outline any information about how far, geographically, the data would have to be transmitted. However, manufacturers would have to design the drone to maximize the range at which the broadcast can be received.
Obtaining UAS Owner Information. Once a law enforcement officer or member of the general public obtains the remote ID data, they will still have to take an additional step to ascertain the identity and contact information for the person who registered the drone. In the rule, FAA did not address how law enforcement can quickly track down the registrant's name and contact information that corresponds with the drone identified via remote ID broadcast. AAAE has urged FAA to ensure that law enforcement and qualified airport officials can obtain real-time access to the registration database. This will be an area to monitor moving forward.
No Internet Transmission Requirements. The biggest change made by FAA is the elimination of any requirement for UAS to transmit all remote ID data to the Internet, commonly known as the network requirement. Instead, drones will now only have to broadcast locally via RF spectrum. In making the decision, FAA cited a number of technical and regulatory challenges associated with requiring drones to transmit remote ID data to the Internet. Many AAAE members expressed concern that the costs associated with Internet transmission requirements would deter compliance and outweigh any potential security and safety benefits.
What's Next? FAA's final rule on remote ID requirements for UAS will go into effect 60 days after publication in the Federal Register, which is expected to occur in early January 2021. However, implementation will take much longer. Looking ahead, members should be aware of three key issues as the remote ID requirements are implemented:
- Remote ID Implementation Timeframe. Manufacturers will have to ensure that each drone they produce complies with the rule no later than 18 months from the effective date. Operators must comply with the new rule within 30 months from the effective date. These implementation periods were reduced by six months from the original proposal.
- Airport Education. AAAE and its UAS Working Group will be working with members to help educate airports on details of the rule and what to expect for implementation moving forward. Airports should expect to educate their law enforcement personnel, or help educate partner agencies, on the new remote ID framework. These responders should have knowledge of how to use these new tools to assist in their response to drone sightings or events at or near the airport.
- Accessing FAA's Registration Database. One of the outstanding questions left open by the rule is how law enforcement personnel can quickly access the operator's personal information in FAA's registration database after obtaining the drone's unique identifier via the remote ID broadcast. AAAE has and will continue to urge FAA to ensure that law enforcement personnel and qualified airport officials can gain real-time access to FAA's registration database.
Today FAA also released a second final rule that permits the routine operation of small UAS at night, over people, or over moving vehicles under certain conditions. Current FAA regulations prohibit remote pilots from operating their small UAS under these circumstances unless they obtain a FAA waiver. Enabling these types of operations has been a key focus for the UAS industry. The rule would also make a variety of other changes to Part 107, which governs a major portion of small UAS operations in the national airspace.
AAAE has prepared brief highlights of four notable changes that the rule will make. The changes go into effect 60 days after the date of publication in the Federal Register, except for the changes relating to UAS remote pilot training and currency, which go into effect 45 days after publication.
UAS Operations over People. In the rule, FAA establishes four categories of permissible operations over people that are based on the risk of injury they present to people on the ground. Each category contains various safety and operating requirements that must be satisfied before the operation can occur. Manufacturers will have to design and test their drone to certain standards to ensure the safety of its operation and to prevent harm to persons on the ground. UAS operators will be prohibited from flying over open-air assemblies of human beings unless the drone meets certain remote ID capabilities, among other conditions.
UAS Operations at Night. Under the rule, for an operator to fly a small UAS at night, the unmanned aircraft has to be equipped with an anti-collision light visible for at least 3 statute miles and have a flash rate sufficient to avoid a collision. Operators would also have to complete either an updated initial remote pilot knowledge test or the updated recurrent online training prior to performing these operations. FAA indicated that they are updating the testing and training materials to include night subject areas.
Inspection of FAA Certificate and Personal ID. The rule requires FAA-certificated remote pilots to present their FAA-issued certificate and personal ID upon request from any federal, state, or local law enforcement officer, as well as any authorized representative of the Transportation Security Administration. Currently these UAS operators must only present their certificate and ID to FAA upon request. AAAE expressed support for this change in response to the proposal, arguing that it would enable airports and their law enforcement partners, who are typically first responders to an incident, to conduct a timely investigation in the interest of safety and security.
Recurrent Training Changes. For all remote pilots operating under Part 107, FAA's rule replaces the requirement to complete an in-person recurrent aeronautical knowledge test within the previous 24 calendar months prior to operating a small UAS. Moving forward, these pilots will only have to complete online recurrent training every 24 calendar months. The new online training option will be available soon after the rule is published.
If you have any questions or comments, please contact Justin Barkowski at justin.barkowski@aaae.org.
