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On December 31, 2019, the Federal Aviation Administration (FAA) published a long-awaited <a href="https://www.federalregister.gov/documents/2019/12/31/2019-28100/remote-identification-of-unmanned-aircraft-systems" target="_blank" rel="noopener">proposed rule</a> that would require remote identification (Remote ID) of unmanned aircraft systems (UAS or drones). The Remote ID rule is a critical step toward expanding drone operations, like package delivery and flights over people and at night, because it addresses many attendant drone safety and security issues, including operations near manned aircraft and overflights of critical infrastructure, large gatherings of people, recreational facilities and military installations. Those interested in expanded drone operations and drone safety and security, including drone manufacturers and operators, should consider submitting comments on the rule by the March 2, 2020 deadline.

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Recent news reports of mysterious drone swarms flying at night over Colorado and Nebraska and unauthorized drone operations near airports<a title="" href="#_edn1" name="_ednref1">[1]</a> underscore the need for Remote ID. Currently, the FAA and others can primarily only identify and locate drones and their operators by sight, but because of their small size and remote operation, visually identifying a drone that poses safety and security risks and locating its operator is difficult.

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Remote ID would enable the FAA and law enforcement to electronically locate and identify drones, similar to how the FAA electronically tracks commercial airliners. It also can provide airspace users and air traffic controllers with location information for drones that might pose a collision risk. Thus, Remote ID provides the FAA and law enforcement with important capability to identify and address drone safety and security risks. It also is critical to establishing UAS traffic management capabilities that will help manage traffic conflicts for drone operations beyond visual line of sight (BVLOS).

The FAA envisions that full implementation of Remote ID will require three elements:

Under the rule, all UAS operations, with a few limited exceptions, must comply with one of three Remote ID operating categories:

The FAA expects that the vast majority of UAS will operate within the Standard or Limited Remote ID categories. Also, UAS manufactured with Standard or Limited Remote ID capability must operate within their respective category (e.g., they cannot be operated in the No Remote ID category).

To ensure that Remote ID is generally available, the rule would require all UAS, with a few limited exceptions, to be designed and produced to meet certain performance-based standards for Standard or Limited Remote ID. Manufacturers can use any FAA-approved means of compliance with the performance-based standards, and the FAA encourages consensus standards bodies to develop means of compliance with the standards. Additionally, the rule would require manufacturers to assign each unmanned aircraft a unique serial number that would enable identification of the aircraft.

ADS-B Out. UAS would generally be prohibited from using Automatic Dependent Surveillance-Broadcast (ADS-B) Out and transponders, which are technologies that manned aircraft use to provide location and identification information, unless specifically authorized by the FAA. These technologies do not have the bandwidth to accommodate UAS operations and would require additional infrastructure to support the low-altitude operations common among UAS.

FAA-recognized identification areas. The rule envisions that FAA-recognized identification areas will be operated by community-based organizations (CBOs). Under the rule, only CBOs may apply to the FAA for the establishment of identification areas, and they must do so within 12 months after the FAA finalizes the rule.

Means of compliance. The rule would prescribe requirements for a means of compliance, developed by a standards-setting organization or other person, that describes how a person designing or producing a UAS can comply with the performance standards for the design and production of UAS with Remote ID capability. In addition, it prescribes procedural rules for obtaining FAA acceptance of a means of compliance and recordkeeping requirements for persons who submit an accepted means of compliance.

Registration. To ensure that the Remote ID information can be traced to a particular unmanned aircraft, the rule would generally require each one to be registered with the FAA. Today, multiple unmanned aircraft used for certain recreational operations can be registered under a single registration without identifying each individual aircraft.

Remote ID USS. Consistent with its desire to partner with third parties to provide aviation-related services to UAS, the FAA envisions partnering with Remote ID USS to provide four key functions:

A Remote ID USS may provide its services to the public or for a private fleet and it may charge for its services. The FAA anticipates that most Remote ID USS would come from private industry.

Tamper resistance and functionality limits. The rule would require all Standard and Limited Remote ID UAS to have design features that inhibit tampering with the Remote ID functionality. In addition, these UAS must have features that prevent takeoff when unable to make required transmissions of Remote ID information.

Compliance dates. The requirements under the rule would be phased in according to the following schedule:

Date

Requirement

1 year after effective date

Applications for FAA-recognized identification areas must be submitted.

New UAS must meet Standard or Limited Remote ID design and production requirements. UAS registrations will require the aircraft’s serial number.

3 years after effective date

All UAS operations must comply with Remote ID requirements.

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Brent Connor 202.263.4188 <a href="mailto:Brent.Connor@ThompsonHine.com">Brent.Connor@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgement of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

See, e.g., Brittany Shammas, <a href="https://www.washingtonpost.com/transportation/2020/01/02/drones-are-swarming-over-colorado-nebraska-night-authorities-say-they-have-no-idea-why/" target="_blank" rel="noopener">“Drones Are Swarming over Colorado and Nebraska at Night,”</a> The Washington Post, Jan. 2., 2020; Evan Simko-Bednarski, <a href="https://www.cnn.com/2019/01/22/us/newark-drone-sightings/index.html" target="_blank" rel="noopener">“Reports of Drone Disrupt Flights at Newark Airport,”</a> CNN, Jan. 22, 2019.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Transportation_Update_-_FAA_Releases_Long-Awaited_Proposed_Drone_Remote_Identification_Rule.pdf

FAA Releases Long-Awaited Proposed Drone Remote Identification Rule

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