14 CFR Part 89 — Remote Identification of Unmanned Aircraft

SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING

RULES

89.410 Acceptance of a means of compliance.

PART 89—REMOTE IDENTIFICATION

89.415 Rescission.

OF UNMANNED AIRCRAFT

89.420 Record retention.

Subpart A—General Subpart F— Remote Identification Design and Production Sec.

89.1 Definitions.

89.501 Applicability.

89.5 Falsification, reproduction, alteration, 89.505 Serial numbers.

or omission.

89.510 Production requirements for un- manned aircraft produced under a design Subpart B—Operating Requirements approval or production approval issued under part 21 of this chapter.

89.101 Applicability.

89.515 Production requirements for un- 89.105 Remote identification requirement.

manned aircraft without design approval 89.110 Operation of standard remote identi- or production approval issued under part fication unmanned aircraft.

21 of this chapter.

89.115 Alternative remote identification.

89.520 Production requirements for remote 89.120 Operations for aeronautical research identification broadcast modules.

or to show compliance with regulations.

89.525 Labeling.

89.125 Automatic Dependent Surveillance- 89.530 Submission of a declaration of com- Broadcast (ADS–B) Out prohibition.

pliance for FAA acceptance.

89.130 Confirmation of identification.

89.535 Acceptance of a declaration of com- pliance.

Subpart C—FAA-Recognized Identification 89.540 Rescission and reconsideration.

Areas 89.545 Record retention.

A UTHORITY : 49 U.S.C. 106(f), 106(g), 40101(d), 89.201 Applicability.

40103(b), 44701, 44805, 44809(f); Section 2202 of 89.205 Eligibility.

Pub. L. 114–190, 130 Stat. 629.

89.210 Requests for establishment of an FAA-recognized identification area.

S OURCE : Amdt. 89–1, 86 FR 4505, Jan. 15, 89.215 Approval of FAA-recognized identi- 2021, unless otherwise noted.

fication areas.

89.220 Amendment.

Subpart A—General

89.225 Duration of an FAA-recognized iden- tification area.

§ 89.1 Definitions.

89.230 Expiration and termination.

The following definitions apply to Subpart D—Requirements for Standard Re- this part.

mote Identification Unmanned Aircraft Declaration of compliance means a and Remote Identification Broadcast record submitted to the FAA by the Modules producer of a standard remote identi- fication unmanned aircraft or remote 89.301 Applicability.

identification broadcast module to at- 89.305 Minimum message elements broad- cast by standard remote identification test that all the requirements of sub- unmanned aircraft.

part F of this part have been met.

89.310 Minimum performance requirements Home-built unmanned aircraft means for standard remote identification un- an unmanned aircraft that an indi- manned aircraft.

vidual built solely for education or 89.315 Minimum message elements broad- recreation.

cast by remote identification broadcast modules.

§ 89.5 Falsification, reproduction, al- 89.320 Minimum performance requirements teration, or omission.

for remote identification broadcast mod- ules.

(a) No person may make or cause to be made any of the following: Subpart E—Means of Compliance (1) Any fraudulent or intentionally false statement in any document re- 89.401 Applicability.

lated to any acceptance, application, 89.405 Submission of a means of compliance for FAA acceptance. approval, authorization, certificate,

14 CFR Ch. I (1–1–25 Edition) § 89.101 declaration, designation, qualification, (b) This subpart does not apply to un- record, report, request for reconsider- manned aircraft operations under part ation, or similar, submitted under this 91 of this chapter that are transmitting part. ADS–B Out pursuant to § 91.225.

(2) Any fraudulent or intentionally § 89.105 Remote identification require- false statement in any document re- ment.

quired to be developed, provided, kept, or used to show compliance with any Except as otherwise authorized by requirement under this part.

the Administrator or as provided in (3) Any reproduction or alteration, § 89.120, after September 16, 2023, no for fraudulent purpose, of any docu- person may operate an unmanned air- ment related to any acceptance, appli- craft within the airspace of the United cation, approval, authorization, certifi- States unless the operation meets the cate, declaration, designation, quali- requirements of § 89.110 or § 89.115.

fication, record, report, request for re- consideration, or similar, submitted or § 89.110 Operation of standard remote identification unmanned aircraft.

granted under this part.

(b) No person may, by omission, Unless otherwise authorized by the knowingly conceal or cause to be con- Administrator, a person may comply cealed, a material fact in— with the remote identification require- (1) Any document related to any ac- ment of § 89.105 by operating a standard ceptance, application, approval, au- remote identification unmanned air- thorization, certificate, declaration, craft under the following conditions: designation, qualification, record, re- (a) Operational requirements. A person port, request for reconsideration, or may operate a standard remote identi- similar, submitted under this part; or fication unmanned aircraft only if the (2) Any document required to be de- person operating the standard remote veloped, provided, kept, or used to identification unmanned aircraft en- show compliance with any requirement sures that all of the following condi- under this part.

tions are met: (c) The commission by any person of (1) From takeoff to shutdown, the an act prohibited under paragraph (a) standard remote identification un- or (b) of this section is a basis for— manned aircraft must broadcast the (1) Denial, suspension, rescission, or message elements of § 89.305.

revocation of any acceptance, applica- (2) The person manipulating the tion, approval, authorization, certifi- flight controls of the unmanned air- cate, declaration, declaration of com- craft system must land the unmanned pliance, designation, document, filing, aircraft as soon as practicable if the qualification, means of compliance, standard remote identification un- record, report, request for reconsider- manned aircraft is no longer broad- ation, or similar instrument issued or casting the message elements of granted by the Administrator and held § 89.305.

by that person; or (b) Standard remote identification un- (2) A civil penalty.

manned aircraft requirements. A person may operate a standard remote identi- Subpart B—Operating fication unmanned aircraft only if the Requirement unmanned aircraft meets all of the fol- lowing requirements: § 89.101 Applicability.

(1) Its serial number is listed on an (a) Except as provided in paragraph FAA-accepted declaration of compli- (b) of this section, this subpart applies ance, or the standard remote identi- to the following: fication unmanned aircraft is covered by a design approval or production ap- (1) Persons operating unmanned air- proval issued under part 21 of this craft registered or required to be reg- chapter and meets the requirements of istered under part 47 or 48 of this chap- subpart F of this part.

ter.

(2) Persons operating foreign civil un- (2) Its remote identification equip- manned aircraft in the United States. ment is functional and complies with Federal Aviation Administration, DOT § 89.120 the requirements of this part from (i) From takeoff to shutdown, the takeoff to shutdown. person operating the unmanned air- (3) Its remote identification equip- craft must ensure that the remote ment and functionality have not been identification broadcast module broad- disabled.

casts the remote identification mes- (4) The Certificate of Aircraft Reg- sage elements of § 89.315 directly from istration of the unmanned aircraft used the unmanned aircraft.

in the operation must include the se- (ii) The person manipulating the rial number of the unmanned aircraft, flight controls of the unmanned air- as per applicable requirements of parts craft system must be able to see the 47 and 48 of this chapter, or the serial unmanned aircraft at all times number of the unmanned aircraft must throughout the operation.

be provided to the FAA in a notice of (3) Pre-flight requirement. Prior to identification pursuant to § 89.130 prior takeoff, the person manipulating the to the operation.

flight controls of the unmanned air- craft system must ensure the remote § 89.115 Alternative remote identifica- identification broadcast module is tion.

functioning in accordance with this A person operating an unmanned air- subpart.

craft that is not a standard remote (4) In-flight loss of remote identification identification unmanned aircraft may broadcast. The person manipulating the comply with the remote identification flight controls of the unmanned air- requirement of § 89.105 by meeting all of craft system must land the unmanned the requirements of either paragraph aircraft as soon as practicable if the (a) or (b) of this section.

unmanned aircraft is no longer broad- (a) Remote identification broadcast casting the message elements of modules. Unless otherwise authorized § 89.315.

by the Administrator, a person may op- (b) Operations at FAA-recognized iden- erate an unmanned aircraft that is not tification areas. Unless otherwise au- a standard remote identification un- thorized by the Administrator, a per- manned aircraft if all of the following son may operate an unmanned aircraft conditions are met: without remote identification equip- (1) Equipage. (i) The unmanned air- ment only if all of the following condi- craft used in the operation must be tions are met: equipped with a remote identification broadcast module that meets the re- (1) The unmanned aircraft and the quirements of § 89.320 and the serial person manipulating the flight controls number of the remote identification of the unmanned aircraft system re- broadcast module must be listed on an main within the boundaries of an FAA- FAA-accepted declaration of compli- recognized identification area through- ance.

out the operation; and (ii) The Certificate of Aircraft Reg- (2) The person manipulating the istration of the unmanned aircraft used flight controls of the unmanned air- in the operation must include the se- craft system must be able to see the rial number of the remote identifica- unmanned aircraft at all times tion broadcast module, as per applica- throughout the operation.

ble requirements of parts 47 and 48 of this chapter, or the serial number of § 89.120 Operations for aeronautical the unmanned aircraft must be pro- research or to show compliance vided to the FAA in a notice of identi- with regulations.

fication pursuant to § 89.130 prior to the The Administrator may authorize op- operation.

erations without remote identification (2) Remote identification operating re- where the operation is solely for the quirements. Unless otherwise authorized purpose of aeronautical research or to by the Administrator, a person may op- show compliance with regulations.

erate an unmanned aircraft under this paragraph (a) only if all of the fol- lowing conditions are met: 14 CFR Ch. I (1–1–25 Edition) § 89.125 ments provided in paragraph (a) of this § 89.125 Automatic Dependent Surveil- lance-Broadcast (ADS–B) Out prohi- section.

bition.

(2) The filing of a notification under paragraph (a) of this section and the Automatic Dependent Surveillance- Confirmation of Identification issued Broadcast (ADS–B) Out equipment can- under paragraph (b)(1) of this section not be used to comply with the remote do not have the effect of United States identification requirements of this aircraft registration.

part.

(c) Proof of notification. No person may operate a foreign registered civil § 89.130 Confirmation of identification.

unmanned aircraft with remote identi- (a) Notification requirement. No person fication in the United States unless the may operate a foreign registered civil person obtains a Confirmation of Iden- unmanned aircraft with remote identi- tification under paragraph (b)(1) of this fication in the airspace of the United section, maintains such Confirmation States unless, prior to the operation, of Identification at the unmanned air- the person submits a notice of identi- craft’s control station, and produces fication in a form and manner accept- the Confirmation of Identification able to the Administrator. The notice when requested by the FAA or a law of identification must include all of the enforcement officer.

following: (d) Requirement to maintain current in- (1) The name of the person operating formation. The holder of a Confirmation the foreign registered civil unmanned of Identification must ensure that the aircraft in the United States, and, if information provided under paragraph applicable, the person’s authorized rep- (a) of this section remains accurate and resentative.

must update the information prior to (2) The physical address of the person operating a foreign registered civil un- operating the foreign registered civil manned aircraft in the United States.

unmanned aircraft in the United States, and, if applicable, the physical Subpart C—FAA-Recognized address for the person’s authorized rep- Identification Areas resentative. If the operator or author- ized representative does not receive S OURCE : Amdt. 89–1, 86 FR 4511, Jan. 15, mail at the physical address, a mailing 2021, unless otherwise noted.

address must also be provided.

(3) The telephone number(s) where § 89.201 Applicability.

the person operating the foreign reg- This subpart prescribes procedural istered civil unmanned aircraft in the requirements to establish an FAA-rec- United States, and, if applicable, the ognized identification area.

person’s authorized representative can be reached while in the United States.

§ 89.205 Eligibility.

(4) The email address of the person Only the following persons are eligi- operating the foreign registered civil ble to apply for the establishment of an unmanned aircraft in the United FAA-recognized identification area States, and, if applicable, the email ad- under this subpart: dress of the person’s authorized rep- (a) A community-based organization resentative.

recognized by the Administrator.

(5) The unmanned aircraft manufac- (b) An educational institution, in- turer and model name.

cluding primary and secondary edu- (6) The serial number of the un- cational institutions, trade schools, manned aircraft or remote identifica- colleges, and universities.

tion broadcast module.

(7) The country of registration of the § 89.210 Requests for establishment of an FAA-recognized identification unmanned aircraft.

area.

(8) The registration number.

(b) Issuance of a Confirmation of Iden- (a) Application. An eligible person re- tification. (1) The FAA will issue a Con- questing the establishment of an FAA- firmation of Identification upon com- recognized identification area under pletion of the notification require- this subpart may submit an application Federal Aviation Administration, DOT § 89.225 in a form and manner acceptable to the homeland security, which overlaps Administrator. with the proposed FAA-recognized (b) Required documentation. A request identification area.

under this subpart must contain all of (b) The safe and efficient use of air- the following information: space by other aircraft.

(1) The name of the eligible person (c) The safety and security of persons under § 89.205. or property on the ground.

(2) The name of the individual mak- (d) The need for an FAA-recognized ing the request on behalf of the eligible identification area in the proposed lo- person. cation and proximity of other FAA-rec- (3) A declaration that the individual ognized identification areas.

making the request has the authority § 89.220 Amendment.

to act on behalf of the community- based organization or educational in- (a) From the time of application stitution. until expiration or termination of an (4) The name and contact informa- FAA-recognized identification area, tion of the primary point of contact for any change to the information sub- communications with the FAA. mitted in the application including but (5) The physical address of the pro- not limited to a change to the point of posed FAA-recognized identification contact for the FAA-recognized identi- area. fication area or a change to the FAA- (6) The location of the proposed FAA- recognized identification area’s organi- recognized identification area in a zational affiliation must be submitted form and manner prescribed by the Ad- to the FAA within 10 calendar days of ministrator. the change.

(7) If applicable, a copy of any exist- (b) If the person who has been grant- ing letter of agreement regarding the ed an FAA-recognized identification flying site. area wishes to change the geographic (8) Description of the intended pur- boundaries of the FAA-recognized iden- pose of the FAA-recognized identifica- tification area, the person must submit tion area and why the proposed FAA- a request describing the change to the recognized identification area is nec- FAA for review. The geographic bound- essary for that purpose. aries of the FAA-recognized identifica- (9) Any other information required tion area will not change unless the re- by the Administrator. quested change is approved in accord- ance with § 89.215.

§ 89.215 Approval of FAA-recognized (c) The establishment of an FAA-rec- identification areas.

ognized identification area is subject The Administrator will assess appli- to ongoing review in accordance with cations for FAA-recognized identifica- § 89.215 by the Administrator that may tion areas and may require additional result in the termination of the FAA- information or documentation, as recognized identification area pursuant needed, to supplement an application. to § 89.230 or modification of the FAA- The Administrator will approve or recognized identification area.

deny an application, and may take into § 89.225 Duration of an FAA-recog- consideration matters such as, but not nized identification area.

limited to: (a) The existence of any FAA estab- (a) Duration. Except as otherwise pro- lished flight or airspace restriction vided in this subpart, an FAA-recog- limiting the operation of unmanned nized identification area will be in ef- aircraft systems, such as special use fect for 48 calendar months after the airspace designations under part 73 of date the FAA approves the request for this chapter, temporary flight restric- establishment of an FAA-recognized tions issued under part 91 of this chap- identification area.

ter, or any other special flight rule, re- (b) Renewal. A person wishing to striction or regulation in this chapter renew an FAA-recognized identifica- limiting the operation of unmanned tion area must submit a request for re- aircraft systems in the interest of safe- newal no later than 120 days prior to ty, efficiency, national security and/or the expiration of the FAA-recognized 14 CFR Ch. I (1–1–25 Edition) § 89.230 identification area in a form and man- person may petition the Administrator ner acceptable to the Administrator. for reconsideration of the decision. The The Administrator may deny requests petition must state the reasons justi- submitted after that deadline or re- fying the request for reconsideration quests submitted after the expiration. and include any supporting documenta- tion. Upon consideration of the infor- § 89.230 Expiration and termination.

mation submitted by the petitioner, the Administrator will notify the peti- (a) Expiration. Unless renewed, an tioner of the decision on the request FAA-recognized identification area for reconsideration.

issued under this subpart will expire (d) Inapplicability of part 13, subpart D, automatically and will have no further of this chapter. Part 13, subpart D, of force or effect as of the day that imme- this chapter does not apply to the pro- diately follows the date of expiration.

cedures of paragraphs (b) and (c) of this (b) Termination prior to expiration —(1) section.

Termination by request. An individual identified as the point of contact for an Subpart D—Requirements for approved FAA-recognized identifica- tion area may submit a request to the Standard Remote Identifica- Administrator to terminate that FAA- tion Unmanned Aircraft and recognized identification area.

Remote Identification Broad- (2) Termination by FAA. (i) The FAA cast Modules may terminate an FAA-recognized identification area upon a finding § 89.301 Applicability.

that— This subpart prescribes the minimum (A) The FAA-recognized identifica- message element set and minimum per- tion area may pose a risk to aviation formance requirements for standard re- safety, public safety, homeland secu- mote identification unmanned aircraft rity, or national security; and remote identification broadcast (B) The FAA-recognized identifica- modules.

tion area is no longer associated with a person eligible for an FAA-recognized § 89.305 Minimum message elements identification area; or broadcast by standard remote iden- (C) The person who submitted a re- tification unmanned aircraft.

quest for establishment of an FAA-rec- A standard remote identification un- ognized identification area provided manned aircraft must be capable of false or misleading information during broadcasting the following remote the submission, amendment, or re- identification message elements: newal process.

(a) The identity of the unmanned air- (ii) The Administrator will notify the craft, consisting of: primary point of contact of the deci- (1) A serial number assigned to the sion to terminate the FAA-recognized unmanned aircraft by the person re- identification area and the reasons for sponsible for the production of the the termination. Except as provided in standard remote identification un- paragraph (c) of this section, if the manned aircraft; or FAA terminates an FAA-recognized (2) A session ID.

identification area based upon a find- (b) An indication of the latitude and ing that the FAA-recognized identifica- longitude of the control station.

tion area may pose a risk to aviation (c) An indication of the geometric al- safety, public safety, homeland secu- titude of the control station.

rity, or national security, that area (d) An indication of the latitude and will no longer be eligible to be an FAA- longitude of the unmanned aircraft.

recognized identification area for as (e) An indication of the geometric al- long as those conditions remain in ef- titude of the unmanned aircraft.

fect. (f) An indication of the velocity of (c) Petition to reconsider the FAA’s de- the unmanned aircraft.

cision to terminate an FAA-recognized (g) A time mark identifying the Co- identification area. No later than 30 cal- ordinated Universal Time (UTC) time endar days after the termination of an of applicability of a position source FAA-recognized identification area, a output.

Federal Aviation Administration, DOT § 89.315 (h) An indication of the emergency cast specification and using radio fre- status of the unmanned aircraft. quency spectrum compatible with per- sonal wireless devices in accordance § 89.310 Minimum performance re- with 47 CFR part 15, where operations quirements for standard remote may occur without an FCC individual identification unmanned aircraft.

license.

A standard remote identification un- (2) Any broadcasting device used to manned aircraft must meet the fol- meet the requirements of this section lowing minimum performance require- must be integrated into the unmanned ments: aircraft without modification to its au- (a) Control station location. The loca- thorized radio frequency parameters tion of the control station of the un- and designed to maximize the range at manned aircraft must be generated and which the broadcast can be received, encoded into the message elements and while complying with 47 CFR part 15 must correspond to the location of the and any other applicable laws in effect person manipulating the flight controls as of the date the declaration of com- of the unmanned aircraft system.

pliance is submitted to the FAA for ac- (b) Time mark. The time mark mes- ceptance.

sage element must be synchronized (h) Message elements performance re- with all other remote identification quirements. (1) The reported geometric message elements.

position of the unmanned aircraft and (c) Self-testing and monitoring. (1) the control station must be accurate to Prior to takeoff, the unmanned aircraft within 100 feet of the true position, must automatically test the remote with 95 percent probability.

identification functionality and notify the person manipulating the flight con- (2) The reported geometric altitude trols of the unmanned aircraft system of the control station must be accurate of the result of the test. to within 15 feet of the true geometric (2) The unmanned aircraft must not altitude, with 95 percent probability.

be able to take off if the remote identi- (3) The reported geometric altitude fication equipment is not functional.

of the unmanned aircraft must be accu- (3) The unmanned aircraft must con- rate to within 150 feet of the true geo- tinuously monitor the remote identi- metric altitude, with 95 percent prob- fication functionality from takeoff to ability.

shutdown and must provide notifica- (4) The unmanned aircraft must tion of malfunction or failure to the broadcast the latitude, longitude, and person manipulating the flight controls geometric altitude of the unmanned of the unmanned aircraft system.

aircraft and its control station no later (d) Tamper resistance. The unmanned than 1.0 seconds from the time of meas- aircraft must be designed and produced urement to the time of broadcast.

in a way that reduces the ability of a (5) The unmanned aircraft must person to tamper with the remote iden- broadcast the message elements at a tification functionality.

rate of at least 1 message per second.

(e) Error correction. The remote iden- (i) Take-off limitation. The unmanned tification equipment must incorporate aircraft must not be able to take off error correction in the broadcast of the unless it is broadcasting the message message elements in § 89.305.

elements in § 89.305.

(f) Interference considerations. The re- mote identification equipment must § 89.315 Minimum message elements not interfere with other systems or broadcast by remote identification equipment installed on the unmanned broadcast modules.

aircraft, and other systems or equip- Remote identification broadcast ment installed on the unmanned air- modules must be capable of broad- craft must not interfere with the re- casting the following remote identi- mote identification equipment.

fication message elements: (g) Message broadcast. (1) The un- manned aircraft must be capable of (a) The identity of the unmanned air- broadcasting the message elements in craft, consisting of the serial number § 89.305 using a non-proprietary broad- assigned to the remote identification 14 CFR Ch. I (1–1–25 Edition) § 89.320 broadcast module by the person respon- broadcast of the message elements in sible for the production of the remote § 89.315.

identification broadcast module.

(f) Interference considerations. The re- (b) An indication of the latitude and mote identification broadcast module longitude of the unmanned aircraft.

must not interfere with other systems (c) An indication of the geometric al- or equipment installed on compatible titude of the unmanned aircraft.

unmanned aircraft, and other systems (d) An indication of the velocity of or equipment installed on compatible the unmanned aircraft.

unmanned aircraft must not interfere (e) An indication of the latitude and with the remote identification equip- longitude of the take-off location of ment.

the unmanned aircraft.

(g) Message broadcast. (1) The remote (f) An indication of the geometric al- identification broadcast module must titude of the take-off location of the be capable of broadcasting the message unmanned aircraft.

elements in § 89.315 using a non-propri- (g) A time mark identifying the Co- etary broadcast specification and using ordinated Universal Time (UTC) time radio frequency spectrum compatible of applicability of a position source with personal wireless devices in ac- output.

cordance with 47 CFR part 15, where § 89.320 Minimum performance re- operations may occur without an FCC quirements for remote identifica- individual license.

tion broadcast modules.

(2) The remote identification broad- Remote identification broadcast cast module must be designed to maxi- modules must meet the following min- mize the range at which the broadcast imum performance requirements: can be received, while complying with (a) Take-off location. The remote iden- 47 CFR part 15 and any other applicable tification broadcast module must be laws in effect as of the date the dec- capable of determining the take-off lo- laration of compliance is submitted to cation of the unmanned aircraft.

the FAA for acceptance.

(b) Time mark. The time mark mes- (h) Message elements performance re- sage element must be synchronized quirements. (1) The reported geometric with all other remote identification position of the unmanned aircraft must message elements.

be accurate to within 100 feet of the (c) Self-testing and monitoring. (1) true position, with 95 percent prob- Prior to take-off, the remote identi- ability.

fication broadcast module must auto- (2) The reported geometric altitude matically test the remote identifica- of the unmanned aircraft must be accu- tion functionality and notify the per- rate to within 150 feet of the true geo- son manipulating the flight controls of metric altitude, with 95 percent prob- the unmanned aircraft system of the result of the test. ability.

(2) The remote identification broad- (3) The reported geometric position cast module must continuously mon- of the take-off location must be accu- itor the remote identification rate to within 100 feet of the true geo- functionality from takeoff to shutdown metric position, with 95 percent prob- and must provide notification of mal- ability.

function or failure to the person ma- (4) The reported geometric altitude nipulating the flight controls of the of the take-off location must be accu- unmanned aircraft system.

rate to within 150 feet of the true geo- (d) Tamper resistance. The remote metric altitude, with 95 percent prob- identification broadcast module must ability.

be designed and produced in a way that (5) The remote identification broad- reduces the ability of a person to tam- cast module must broadcast the lati- per with the remote identification tude, longitude, and geometric altitude functionality.

of the unmanned aircraft no later than (e) Error correction. The remote iden- 1.0 seconds from the time of measure- tification broadcast module must in- ment to the time of broadcast.

corporate error correction in the Federal Aviation Administration, DOT § 89.415 (6) The remote identification broad- validation procedures for persons re- cast module must broadcast the mes- sponsible for the production of stand- sage elements at a rate of at least 1 ard remote identification unmanned message per second. aircraft or remote identification broad- cast modules to demonstrate through analysis, ground test, or flight test, as Subpart E—Means of Compliance appropriate, how the standard remote § 89.401 Applicability.

identification unmanned aircraft or the remote identification broadcast This subpart prescribes— module performs its intended functions (a) Requirements for means of com- and meets the requirements in subpart pliance with subpart D of this part.

D of this part, including any applicable (b) Procedural requirements for the FAA performance requirements for submission and acceptance of means of radio station operation.

compliance used in the design and pro- duction of standard remote identifica- § 89.410 Acceptance of a means of com- tion unmanned aircraft or remote iden- pliance.

tification broadcast modules to ensure they meet the minimum performance (a) A person requesting acceptance of requirements of this part.

a means of compliance must dem- (c) Rules governing persons submit- onstrate to the Administrator that the ting means of compliance for FAA ac- means of compliance addresses all of ceptance.

the requirements of subparts D and E of this part, and that any standard re- § 89.405 Submission of a means of com- mote identification unmanned aircraft pliance for FAA acceptance.

or remote identification broadcast (a) Eligibility. Any person may submit module designed and produced in ac- a means of compliance for acceptance cordance with such means of compli- by the FAA.

ance would meet the performance re- (b) Required information. A person re- quirements of subpart D of this part.

questing acceptance of a means of com- (b) The Administrator will evaluate a pliance must submit the following in- means of compliance that is submitted formation to the FAA in a form and to the FAA and may request additional manner acceptable to the Adminis- information or documentation, as trator: needed, to supplement the submission.

(1) The name of the person or entity (c) If the Administrator determines submitting the means of compliance, the person has demonstrated that the the name of the main point of contact means of compliance meets the re- for communications with the FAA, the quirements of subparts D and E of this physical address, email address, and part, the FAA will notify the person other contact information.

that the Administrator has accepted (2) A detailed description of the the means of compliance.

means of compliance.

(3) An explanation of how the means § 89.415 Rescission.

of compliance addresses all of the min- (a) Rescission of an FAA-accepted imum performance requirements estab- means of compliance. (1) A means of lished in subpart D of this part so that compliance is subject to ongoing re- any standard remote identification un- view by the Administrator. The Admin- manned aircraft or remote identifica- istrator may rescind acceptance of a tion broadcast module designed and means of compliance if the Adminis- produced in accordance with such trator determines that a means of com- means of compliance meets the remote pliance does not meet any or all of the identification requirements of this requirements of subpart D or E of this part.

part.

(4) Any substantiating material the (2) The Administrator will publish a person wishes the FAA to consider as notice of rescission in the F EDERAL part of the request.

R EGISTER .

(c) Testing and validation. A means of compliance submitted for acceptance (b) Inapplicability of part 13, subpart D, by the FAA must include testing and of this chapter. Part 13, subpart D, of 14 CFR Ch. I (1–1–25 Edition) § 89.420 this chapter does not apply to the pro- erything that is on board or otherwise cedures of paragraph (a) of this section. attached to the aircraft.

(4) Unmanned aircraft designed or § 89.420 Record retention.

produced exclusively for the purpose of A person who submits a means of aeronautical research or to show com- compliance that is accepted by the Ad- pliance with regulations.

ministrator under this subpart must retain the following information for as § 89.505 Serial numbers.

long as the means of compliance is ac- No person may produce a standard cepted plus an additional 24 calendar remote identification unmanned air- months, and must make available for craft under § 89.510 or § 89.515 or a re- inspection by the Administrator the mote identification broadcast module following: under § 89.520, unless the producer as- (a) All documentation and substan- signs to the unmanned aircraft or re- tiating data submitted to the FAA for mote identification broadcast module a acceptance of the means of compliance.

serial number that complies with (b) Records of all test procedures, ANSI/CTA–2063–A. ANSI/CTA–2063–A, methodology, and other procedures, as Small Unmanned Aerial Systems Serial applicable.

Numbers (September 2019) is incor- (c) Any other information necessary porated by reference into this section to justify and substantiate how the with the approval of the Director of the means of compliance enables compli- Office of the Federal Register under 5 ance with the remote identification re- U.S.C. 552(a) and 1 CFR part 51. All ap- quirements of this part.

proved material is available for inspec- tion at the FAA’s Office of Rulemaking Subpart F— Remote Identification (ARM–1), 800 Independence Avenue SW, Design and Production Washington, DC 20590 (telephone 202– 267–9677) and is available from Con- § 89.501 Applicability.

sumer Technology Association (CTA), (a) This subpart prescribes— 1919 South Eads Street, Arlington, VA (1) Requirements for the design and 22202, CTA@CTA.tech , 703–907–7600 or at production of unmanned aircraft with https://www.cta.tech. It is also available remote identification produced for op- for inspection at the National Archives eration in the airspace of the United and Records Administration (NARA).

States.

For information on the availability of (2) Requirements for the design and this material at NARA, email production of remote identification fedreg.legal@nara.gov, or go to broadcast modules.

www.archives.gov/federal-register/cfr/ibr- (3) Procedural requirements for the locations.html.

submission, acceptance, and rescission of declarations of compliance.

§ 89.510 Production requirements for (4) Rules governing persons submit- unmanned aircraft produced under ting declarations of compliance for a design approval or production ap- FAA acceptance under this part.

proval issued under part 21 of this (b) Except as provided in paragraph chapter.

(c) of this section, this subpart applies After September 16, 2022, no person to the design and production of all un- may produce an unmanned aircraft for manned aircraft operated in the air- operation in the airspace of the United space of the United States.

States under a design approval or pro- (c) Except for unmanned aircraft de- duction approval issued under part 21 signed and produced to be standard re- of this chapter unless: mote identification unmanned aircraft, (a) All applicable requirements of this subpart does not apply to the de- part 21 of this chapter are met; and sign or production of: (b) The unmanned aircraft is— (1) Home-built unmanned aircraft.

(2) Unmanned aircraft of the United (1) Designed and produced to meet States Government. the minimum performance require- (3) Unmanned aircraft that weigh 0.55 ments for standard remote identifica- pounds or less on takeoff, including ev- tion unmanned aircraft established in Federal Aviation Administration, DOT § 89.520 § 89.310 in accordance with an FAA-ac- any defect or condition that causes an cepted means of compliance; or unmanned aircraft to no longer meet (2) Equipped with Automatic Depend- the requirements of this subpart, with- ent Surveillance-Broadcast (ADS–B) in 15 calendar days of the date the per- Out equipment that meets the require- son becomes aware of the defect or con- ments of § 91.225 of this chapter.

dition.

§ 89.515 Production requirements for § 89.520 Production requirements for unmanned aircraft without design remote identification broadcast approval or production approval modules.

issued under part 21 of this chap- After April 21, 2021, no person may ter.

produce remote identification broad- Except as provided in § 89.510, after cast modules unless: September 16, 2022, no person may (a) The remote identification broad- produce an unmanned aircraft for oper- cast module is designed and produced ation in the airspace of the United to meet the minimum performance re- States unless— quirements for remote identification (a) The unmanned aircraft is de- broadcast modules established in signed and produced to meet the min- § 89.320 in accordance with an FAA-ac- imum performance requirements for cepted means of compliance; and standard remote identification un- (b) All of the following conditions are manned aircraft established in § 89.310 met: in accordance with an FAA-accepted (1) Inspection requirements for produc- means of compliance; and tion of remote identification broadcast (b) All of the following conditions are modules. A person responsible for the met: production of remote identification (1) Inspection requirements for produc- broadcast modules must, upon request, tion of standard unmanned aircraft. A allow the Administrator to inspect the person responsible for the production person’s facilities, technical data, and of standard remote identification un- any remote identification broadcast manned aircraft must, upon request, modules the person produces, and to allow the Administrator to inspect the witness any tests necessary to deter- person’s facilities, technical data, and mine compliance with this subpart.

any standard remote identification un- (2) Audit requirements. A person re- manned aircraft the person produces, sponsible for the production of remote and to witness any tests necessary to identification broadcast modules must determine compliance with this sub- cause independent audits to be per- part.

formed on a recurring basis, and addi- (2) Audit requirements. A person re- tionally whenever the FAA provides sponsible for the production of stand- notice of noncompliance or potential ard remote identification unmanned noncompliance, to demonstrate the re- aircraft must cause independent audits mote identification broadcast modules to be performed on a recurring basis, listed under a declaration of compli- and additionally whenever the FAA ance meet the requirements of this provides notice of noncompliance or subpart. The person responsible for the potential noncompliance, to dem- production of remote identification onstrate the unmanned aircraft listed broadcast modules must provide the re- under a declaration of compliance meet sults of all such audits to the FAA the requirements of this subpart. The person responsible for the production upon request.

of standard remote identification un- (3) Product support and notification. A manned aircraft must provide the re- person responsible for the production sults of all such audits to the FAA of remote identification broadcast upon request. modules must maintain product sup- (3) Product support and notification. A port and notification procedures to no- person responsible for the production tify the public and the FAA of any de- of standard remote identification un- fect or condition that causes the re- manned aircraft must maintain prod- mote identification broadcast module uct support and notification procedures to no longer meet the requirements of to notify the public and the FAA of this subpart, within 15 calendar days of 14 CFR Ch. I (1–1–25 Edition) § 89.525 the date the person becomes aware of (2) The unmanned aircraft’s make the defect or condition. and model.

(4) Instructions. A person responsible (3) The unmanned aircraft’s serial for the production of a remote identi- number, or the range of serial numbers fication broadcast module must make for which the person responsible for available instructions for installing production is declaring compliance.

and operating the remote identifica- (4) The FCC Identifier of the 47 CFR tion broadcast module to any person part 15-compliant radio frequency operating an unmanned aircraft with equipment used and integrated into the the remote identification broadcast unmanned aircraft.

module.

(5) The means of compliance used in the design and production of the un- [Amdt. 89–1, 86 FR 4505, Jan. 15, 2021; 86 FR manned aircraft.

13630, Mar. 10, 2021] (6) Whether the declaration of com- § 89.525 Labeling.

pliance is an initial declaration or an amended declaration, and if the dec- (a) No person may produce a standard laration of compliance is an amended remote identification unmanned air- declaration, the reason for the amend- craft under § 89.515 unless it displays a ment.

label indicating that the unmanned (7) A declaration that the person re- aircraft meets the requirements of this sponsible for the production of the un- part. The label must be in English and manned aircraft: be legible, prominent, and permanently (i) Can demonstrate that the un- affixed to the unmanned aircraft.

manned aircraft was designed and pro- (b) No person may produce a remote duced to meet the minimum perform- identification broadcast module under ance requirements of § 89.310 by using § 89.520 unless it displays a label indi- an FAA-accepted means of compliance.

cating that the equipment meets the (ii) Complies with the requirements requirements of this part. The label of § 89.515(b).

must be in English and be legible, (8) A statement that 47 CFR part 15- prominent, and permanently affixed to compliant radio frequency equipment the broadcast module.

is used and is integrated into the un- § 89.530 Submission of a declaration of manned aircraft without modification compliance for FAA acceptance.

to its authorized radio frequency pa- (a) Eligibility. A person responsible for rameters.

the production of a standard remote (c) Required information for remote identification unmanned aircraft under identification broadcast modules. The § 89.515 or a remote identification person responsible for the production broadcast module under § 89.520 must of a remote identification broadcast submit a declaration of compliance for module under § 89.520 that is requesting acceptance by the FAA. acceptance of a declaration of compli- (b) Required information for standard ance must declare that the remote remote identification unmanned aircraft. identification broadcast module com- The person responsible for the produc- plies with the requirements of this sub- tion of a standard remote identifica- part by submitting a declaration of tion unmanned aircraft requesting ac- compliance to the FAA in a form and ceptance of a declaration of compliance manner acceptable to the Adminis- must declare that the unmanned air- trator. The declaration must include at craft complies with the requirements a minimum the following information: of this subpart by submitting a dec- (1) The name, physical address, tele- laration of compliance to the FAA in a phone number, and email address of the form and manner acceptable to the Ad- person responsible for production of ministrator. The declaration must in- the remote identification broadcast clude at a minimum the following in- module.

formation: (2) The remote identification broad- (1) The name, physical address, tele- cast module’s make and model.

phone number, and email address of the (3) The remote identification broad- person responsible for production of cast module’s serial number, or the the unmanned aircraft. range of serial numbers for which the Federal Aviation Administration, DOT § 89.540 person responsible for production is de- § 89.540 Rescission and reconsider- claring compliance. ation.

(4) The FCC Identifier of the 47 CFR (a) Rescission of the FAA’s acceptance part 15-compliant radio frequency of a declaration of compliance. (1) A dec- equipment used and integrated into the laration of compliance is subject to on- remote identification broadcast mod- going review by the Administrator.

The Administrator may rescind accept- ule.

ance of a declaration of compliance (5) The means of compliance used in under circumstances including but not the design and production of the re- limited to the following: mote identification broadcast module.

(i) A standard remote identification (6) Whether the declaration of com- unmanned aircraft or remote identi- pliance is an initial declaration or an fication broadcast module listed under amended declaration, and if the dec- an accepted declaration of compliance laration of compliance is an amended does not meet the minimum perform- declaration, the reason for the amend- ance requirements of § 89.310 or § 89.320.

ment.

(ii) A previously FAA-accepted dec- (7) A declaration that the person re- laration of compliance does not meet a sponsible for the production of the re- requirement of this subpart; or mote identification broadcast module: (iii) The FAA rescinds acceptance of (i) Can demonstrate that the remote the means of compliance listed in an identification broadcast module was FAA-accepted declaration of compli- designed and produced to meet the ance.

(2) The Administrator will notify the minimum performance requirements of person who submitted the FAA-accept- § 89.320 by using an FAA-accepted ed declaration of compliance of any means of compliance.

issue of noncompliance.

(ii) Complies with the requirements (3) If the Administrator determines of § 89.520(b).

that it is in the public interest, prior (8) A statement that 47 CFR part 15- to rescinding acceptance of a declara- compliant radio frequency equipment tion of compliance, the Administrator is used and is integrated into the re- may provide a reasonable period of mote identification broadcast module time for the person who submitted the without modification to its authorized declaration of compliance to remediate radio frequency parameters, and a the noncompliance. A failure to reme- statement that instructions have been diate the noncompliance constitutes provided for installation of 47 CFR part cause for rescission of the FAA’s ac- 15-compliant remote identification ceptance of the declaration of compli- broadcast module without modification ance.

to the broadcast module’s authorized (4) The Administrator will notify the radio frequency parameters. person who submitted the declaration of compliance of the decision to rescind § 89.535 Acceptance of a declaration of acceptance of the declaration of com- compliance.

pliance by publishing a notice of rescis- sion in the F EDERAL R EGISTER.

(a) The Administrator will evaluate a (b) Petition to reconsider the FAA’s de- declaration of compliance that is sub- cision to rescind acceptance of a declara- mitted to the FAA and may request ad- tion of compliance. (1) The person who ditional information or documenta- submitted the FAA-accepted declara- tion, as needed, to supplement the dec- tion of compliance or any person ad- laration of compliance.

versely affected by the rescission of the (b) If the Administrator determines Administrator’s acceptance of a dec- that the submitter has demonstrated laration of compliance may petition compliance with the requirements of for a reconsideration of the decision by this subpart, the FAA will notify the submitting a request to the FAA in a submitter that the Administrator has form and manner acceptable to the Ad- accepted the declaration of compli- ministrator within 60 calendar days of ance.

the date of publication in the F EDERAL R EGISTER of notification of rescission.

14 CFR Ch. I (1–1–25 Edition) § 89.545 (2) A petition to reconsider the re- PART 91—GENERAL OPERATING scission of the Administrator’s accept- AND FLIGHT RULES ance of a declaration of compliance must show that the petitioner is an in- S PECIAL F EDERAL A VIATION R EGULATION N O .

terested party and has been adversely 50–2 affected by the decision of the FAA.

S PECIAL F EDERAL A VIATION R EGULATION N O .

The petition must also demonstrate at least one of the following: S PECIAL F EDERAL A VIATION R EGULATION N O .

(i) The petitioner adduces a signifi- S PECIAL F EDERAL A VIATION R EGULATION N O .

cant additional fact not previously pre- sented to the FAA.

(ii) The Administrator made a mate- Subpart A—General rial error of fact in the decision to re- scind acceptance of the declaration of Sec.

91.1 Applicability.

compliance.

91.3 Responsibility and authority of the (iii) The Administrator did not cor- pilot in command.

rectly interpret a law, regulation, or 91.5 Pilot in command of aircraft requiring precedent.

more than one required pilot.

(3) Upon consideration of the infor- 91.7 Civil aircraft airworthiness.

mation submitted by the petitioner, 91.9 Civil aircraft flight manual, marking, the Administrator will notify the peti- and placard requirements.

91.11 Prohibition on interference with crew- tioner and the person who submitted members.

the declaration of compliance (if dif- 91.13 Careless or reckless operation.

ferent) of the decision on whether to 91.15 Dropping objects.

reinstate the Administrator’s accept- 91.17 Alcohol or drugs.

ance of the declaration of compliance.

91.19 Carriage of narcotic drugs, marihuana, (c) Inapplicability of part 13, subpart D, and depressant or stimulant drugs or of this chapter. Part 13, subpart D, of substances.

this chapter does not apply to the pro- 91.21 Portable electronic devices.

91.23 Truth-in-leasing clause requirement in cedures of paragraphs (a) and (b) of this leases and conditional sales contracts.

section.

91.25 Aviation Safety Reporting Program: Prohibition against use of reports for en- § 89.545 Record retention.

forcement purposes.

A person who submits a declaration 91.27–91.99 [Reserved] of compliance under this subpart that Subpart B—Flight Rules is accepted by the Administrator must retain the following information for as G ENERAL long as the standard remote identifica- 91.101 Applicability.

tion unmanned aircraft or remote iden- 91.103 Preflight action.

tification broadcast module listed on 91.105 Flight crewmembers at stations.

that declaration of compliance is pro- 91.107 Use of safety belts, shoulder har- duced plus an additional 24 calendar nesses, and child restraint systems.

months, and must make available for 91.108 Use of supplemental restraint sys- inspection by the Administrator the tems.

91.109 Flight instruction; Simulated instru- following: ment flight and certain flight tests.

(a) The means of compliance, all doc- 91.111 Operating near other aircraft.

umentation, and substantiating data 91.113 Right-of-way rules: Except water op- related to the means of compliance erations.

used.

91.115 Right-of-way rules: Water operations.

(b) Records of all test results.

91.117 Aircraft speed.

(c) Any other information necessary 91.119 Minimum safe altitudes: General.

to demonstrate compliance with the 91.121 Altimeter settings.

91.123 Compliance with ATC clearances and means of compliance so that the stand- instructions.

ard remote identification unmanned 91.125 ATC light signals.

aircraft or remote identification broad- 91.126 Operating on or in the vicinity of an cast module meets the remote identi- airport in Class G airspace.

fication requirements and the design 91.127 Operating on or in the vicinity of an and production requirements of this airport in Class E airspace.

part. 91.129 Operations in Class D airspace.