FPVFC Remote ID Updates and Commentary

FPV Freedom Coalition comments on the state of RID

FPV Freedom Coalition has been involved with Remote ID since our formation four years ago. This includes being a member of ASTM Remote ID working group which wrote the Means of Compliance manufacturers are using to gain their Declaration of Compliance of Standard Remote ID and Remote ID broadcast modules.

FPV Freedom Coalition is not in favor of Remote ID but continues to work to make flying while being compliant as simple as possible. A key goal for us is to communicate what is needed to fly and comply with recreational sUAS flight rules.

A summary of the FAA’s deferral of the enforcement and two important interviews is if you can be compliant with remote ID today, you need to be. From the FAA’s perspective, drone pilots are required to comply with Remote ID now. For those unable to comply, the FAA may use its discretion whether to conduct an enforcement investigation.

Note: The comments of Kevin Morris, UAS/AAM Coordinator, FAA Office of Communications have been paraphrased. This document has been reviewed by Kevin. Dave Messina, President & CEO, FPV Freedom Coalition. October 2023

FPV Freedom Coalition reaction to the FAA’s Deferral of Enforcement for Remote ID

The FAA felt compelled to make this announcement. Why?
The FAA’s announcement in the Federal Register effectively says the FAA has the discretion to conduct an enforcement investigation. This is a change in that under normal circumstances, the FAA would be required to conduct an enforcement investigation.

The FPV Freedom Coalition looks back to the manufacturer’s deferral from September 2022 to December 2022 and sees this deferral has the similarity of not saying anything but striving to communicate the steadfast nature of the RID rule. In both instances, no change to the rule was made and no Advisory Circular was used which may have provided additional guidance. Rather, the FAA’s official statements said nothing of substance which changes the efficacy of the rule.

The FAA cites these reasons for the announcement:

Lack of availability of RID Broadcast Modules
Cost of RID broadcast module
Unavailable firmware updates
Delays in processing FRIAs

From this, we infer the FAA is providing us with a list of reasonable reasons why a recreational sUAS operator is not using a RID broadcast module. Viewed from another perspective, the FAA might have said, “If you can obtain a RID broadcast module, you should. Essentially, the FAA did this on September 13, 2023 https://twitter.com/FAADroneZone/status/1702029446218400186 . And, if your sUAS has a firmware update that delivers RID function, you should install it. And, if you are able to fly at a FRIA, you should.” In other words, as Greg Reverdiau said so well, if you can comply, you should. Once again, if you choose to comply with RID, that’s your decision. Our recommendation is if you can comply now, you should. We also agree you should not wait.

Kevin Morris’ comments on Pilot Institute video - 9/27/2023

Noteworthy: Remote ID is required for sUAS which are registered. If you register your sub-250 gram sUAS on the FAA Drone Zone website as part of your recreational fleet and you intend to fly this sub 250-gram sUAS only as a recreational aircraft (44809), because you registered it, you must conform to Remote ID regulations (i.e. you must use a Broadcast Module or fly in a FRIA). If you want to fly this sub-250 gram sUAS without RID, you must unregister it from your recreational flyer inventory.

Highlights of discussion among Kevin Morris, Greg Reverdiau and Kieth:

Labeling a RID aircraft: The manufacturer of the broadcast module or Standard Remote Identification (SRID) must provide the text for a label indicating the aircraft is in compliance with RID. This may be a pdf provided by the manufacturer or a sticker.
Bed-time reading: Part 89 is worth reading as recommended by Kevin Morris. Here’s a link https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-89
Flying DIY as a part 107 sUAS: You build a sUAS and you want to be compliant to fly part 107. What is required? You must integrate SRID into the design and apply as a manufacturer for a RID Declaration of Compliance approval from the FAA. If you are building your own drone to be flown for education or recreation, you are not required to incorporate SRID into it. See 89.501(c): https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-89/subpart-F/section-89.501

FPVFC Commentary: SRID integration is non-trivial in that a SRID must prevent takeoff in the event of a power-on-self-test of the SRID system and it must dynamically transmit the location of the Ground Control Station (transmitter or controller). While this work is being done, FPVFC suggests it would show an effort to be compliant to use a broadcast module on any manufactured or produced sUAS.

The cost of registering each sUAS: Normally, the cost of registering or unregistering a sUAS is $5.00. The FAA is waiving this fee until December 31, 2023.
FRIA Listing: FRIAs will be shown on FAA UAS Facilities maps: https://faa.maps.arcgis.com/apps/webappviewer/index.html?id=9c2e4406710048e19806ebf6a06754ad
Ramp check for part 107: This is considered a rare situation but a sUAS pilot would need to show:

Part 107 remote pilot card
sUAS registration
Photo ID
If flying in controlled airspace, LAANC approval
As required, a waiver or COA

Ramp check for 44809: This is considered a rare situation but a sUAS operator would need to show:

TRUST certificate
FAA sUAS Registration
Proof of which CBO Safety Guidelines the operator has selected (e.g. a pdf on a phone)
If flying in controlled airspace, LAANC approval

Kevin Morris’ comments on Geeksvana July 14, 2023

What documentation should a part 107 pilot carry when he or she is flying a sUAS with a broadcast module?

§ 107.7 specifics what documentation needs to be carried while operating under Part 107:

Remote pilot certificate with a small UAS rating
Identification which contains:

Photograph, signature, and date of birth

Certificate of Waiver/Authorization or Exemption you are using

This is because the COW/A or exemption itself usually requires it to be in your possession.

49 USC § 44103(d) also requires that an aircraft registration certificate (paper or electronic) be made available upon request.

If a part 107 pilot adds a broadcast module to be RID compliant, we envisioned that pilot being asked why they think they are compliant.

You are not required to carry proof that a broadcast module is listed on the FAA’s DOC.

Questions like this are normally reserved for an investigation after an incident/accident. A “ramp check” for a drone pilot should not go into “prove it” questioning with the exception of the documents listed in the answer to your question above.

Any drone MANUFACTURED after 9//16/2022 which is not a home-built sUAS must be built with Standard Remote ID.

“Manufactured” is what the FAA references as “produced” in the final rule. Regardless of the term used, what we’re really talking about is that any drone produced that doesn’t qualify as “home-built” per the definition in 89.1 would need to incorporate standard Remote ID.

We should focus on the difference between equipment rule and operation rules:

It’s not a requirement of the drone operator to purchase a drone after September 16, 2022 that has standard Remote ID. It’s a requirement of the drone manufacturer to produce that drone with standard Remote ID. The FAA did issue a discretionary enforcement policy for drone manufacturers that gave them an additional 3 months (through December 16, 2022) to begin production cycles that included standard Remote ID drones. Based on that, it’s entirely possible that there will be drones purchased by operators which do not have standard Remote ID and were manufactured after September 16, 2022. In those cases, an operator may attach a broadcast module to comply with Part 89, even if flown under Part 107.

Remote ID Deferral Background information:

Federal Aviation Administration

14 CFR Part 89

[Docket No. FAA–2019–1100; Amdt. No. 89–2]

RIN 2120–AL31

Enforcement Policy Regarding Operator Compliance Deadline for Remote Identification of Unmanned Aircraft

AGENCY: Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT).

ACTION: Notification of enforcement policy.

SUMMARY: For noncompliance with the remote identification operating requirements applicable to unmanned aircraft, which occurs on or before March 16, 2024, the FAA will consider all circumstances, in particular, unanticipated issues with the available supply and excessive cost of remote identification broadcast modules and unanticipated delay in the FAA’s approval of FAA-recognized identification areas, when exercising its discretion in determining whether to take enforcement action.

DATES: This policy is effective

September 15, 2023.

Excerpts from Federal Register document:

No person may operate an unmanned aircraft subject to the applicability in § 89.101 after September 16, 2023, outside the boundaries of an FAA-recognized identification area (FRIA) unless it is a standard remote identification unmanned aircraft or equipped with a remote identification broadcast module.
Enforcement Policy Regarding Production Requirements for Standard Remote ID Unmanned Aircraft. https://www.federalregister.gov/documents/2022/09/12/2022-19644/enforcement-policy-regarding-production-requirements-for-standard-remote-identification-unmanned
In recent months, the FAA has received significant public feedback regarding remote identification requirements, including multiple requests for an extension of the September 16, 2023, remote identification operational compliance date. Additionally, the FAA has received hundreds of inquiries through emails, phone calls, and in-person questions about the remote identification operational compliance date. Flight Standards District Offices alone are receiving over 10 emails a day related to remote identification requirements. The FAA UAS Support Center has received over 380 inquires over the past 60 days. Their primary inquiry was about the compliance date and the inability to obtain remote identification modules. UAS operators within the Commercial Drone Alliance, the Association of Uncrewed Vehicle Systems International, multiple public safety agencies such as the Nebraska Department of Transportation and the Iowa Department of Transportation, as well as FAA Lead Participants in the BEYOND program, have all indicated that they are encountering significant difficulty obtaining remote identification broadcast modules, which would allow continued operation of existing unmanned aircraft instead of purchasing new standard remote identification unmanned aircraft. Those difficulties are primarily related to availability of broadcast modules, the shipping timelines for broadcast modules, and the cost of those modules. Data from the FAA Drone Zone as of August 28, 2023, shows that there are 261,143 operators flying with a remote pilot certificate under 14 CFR part 107 and 328,372 recreational flyers operating under the provisions of 49 U.S.C. 44809 who are not remote identification equipped. The FAA has also received feedback from operators, including numerous public safety agencies, about difficulties in obtaining firmware updates to some existing models of unmanned aircraft to activate standard remote identification capabilities and make them remote identification compliant.
As a separate matter, as of August 18, 2023, the FAA has approved 412 applications for FRIAs, with 1,206 yet to be reviewed. The FAA has endeavored to review these FRIA applications as quickly as possible but expects a large increase in applications as the mandatory compliance date approaches. This influx is expected to increase the application processing backlog and impair the ability of recreational operators to comply with the rule. The FAA anticipates that the supply of remote identification broadcast modules, resolution of firmware issues, and approval of FAA-recognized identification areas will increase in the next six months.
Statement of Policy: The FAA recognizes that it has yet to evaluate a majority of submitted applications for FAA-recognized identification areas. The FAA also recognizes the unanticipated issues that operators are facing related to the availability of remote identification broadcast modules. The FAA has continued to monitor this situation as long as possible before making a determination, but with less than a month remaining until the operational compliance date, the FAA acknowledges that for many operators, compliance with § 89.105 may prove difficult or impossible in the timeframe presented. While some operators, such as those who are using standard remote identification unmanned aircraft or those operating in FRIAs that have already been approved by the FAA, will be able to comply with the rule, the cumulative effect of the current state of the compliance issues reported to the FAA could otherwise cause a cessation of numerous UAS operations, which is not consistent with the FAA’s intent for this rule or its statutory mandate to integrate UAS operations into the National Airspace System. Accordingly, the FAA will exercise its discretion in determining how to handle any apparent noncompliance, including exercising discretion to not take enforcement action, if appropriate, for any noncompliance that occurs on or before March 16, 2024—the six-month period following the compliance deadline for operators initially published in the Remote Identification of Unmanned Aircraft final rule, RIN 2120–AL31. The exercise of enforcement discretion herein creates no individual right of action and establishes no precedent for future determinations.

FAA website:

FAA Extends Remote ID Enforcement Date Six Months

Wednesday, September 13, 2023

Drone pilots who are unable to comply with the broadcast requirement of the Remote ID Rule will now have until March 16, 2024, to equip their aircraft. After that date, operators could face fines and suspension or revocation of pilot certificates.

In making this decision, the FAA recognizes the unanticipated issues that some operators are experiencing finding some remote identification broadcast modules.

Drone pilots can meet this deadline by purchasing a standard Remote ID equipped drone from a manufacturer or purchasing a Remote ID broadcast module which can be affixed to existing drones that do not have Remote ID equipment.

Remote ID acts like a digital license plate and will help the FAA, law enforcement, and other federal agencies find the control station when a drone appears to be flying in an unsafe manner or where it is not allowed to fly.