2120-0783 - Unmanned Aircraft Remote Identification Message Elements_final

Supporting Statement A

Unmanned Aircraft Remote Identification Message Elements

OMB 2120-0783

• In Section 12, the estimated number of respondents to this information collection has been updated to reflect the actual number of unmanned aircraft that are currently registered with the FAA. Because the remote identification requirement is based on registration status, the FAA uses the number of registered UA as a basis for estimated the number of respondents. Because the information is broadcast automatically, this change to the number of respondents does not change the annual hour burden.

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The FAA is integrating UAS operations into the airspace of the United States through a phased, incremental, and risk-based approach. An important next step in the integration process is the promulgation of regulatory requirements to enable the remote identification of unmanned aircraft operating in the airspace of the United States. Remote identification of unmanned aircraft is necessary to ensure public safety and the safety and efficiency of the airspace of the United States. Section 2202 of the FAA Extension, Safety, and Security Act of 2016, Pub. L. 114 190 (July 15, 2016), requires the Administrator of the FAA to convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of UAS and associated unmanned aircraft and to issue regulations or guidance based on any standards developed. The Administrator has authority under 49 U.S.C. 44805 to establish a process for, among other things, accepting risk-based consensus safety standards related to the design and production of small UAS. Under 49 U.S.C. 44805(b)(7), one of the considerations the Administrator must take into account prior to accepting such standards is any consensus identification standard regarding remote identification of unmanned aircraft developed pursuant to section 2202 of Pub. L. 114-190.

Additionally, section 44809(f) of 49 U.S.C. provides that the Administrator is not prohibited from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception for limited recreational operations of unmanned aircraft. Among other things, this authority extends to rules relating to the registration and marking of unmanned aircraft and the standards for remotely identifying owners and operators of UAS and associated unmanned aircraft.

Remote identification will provide airspace awareness to the FAA, national security agencies, and law enforcement entities. This information will be used to distinguish compliant airspace users from those potentially posing a safety or security risk.

The Remote Identification rule requires unmanned aircraft with remote identification equipment to broadcast remote identification message elements directly from the unmanned aircraft using radio frequency spectrum in accordance with 47 CFR part 15, where operations may occur without an Federal Communications Commission (FCC) individual license. These unmanned aircraft include standard remote identification unmanned aircraft and unmanned aircraft equipped with remote identification broadcast modules.

A standard remote identification unmanned aircraft must be capable of broadcasting the following remote identification message elements:

(a) The identity of the unmanned aircraft consisting of:

(1) A serial number assigned to the unmanned aircraft by the person responsible for the production of the standard remote identification unmanned aircraft; or

(2) A session ID.

(b) An indication of the latitude and longitude of the control station.

(c) An indication of the geometric altitude of the control station.

(d) An indication of the latitude and longitude of the unmanned aircraft.

(e) An indication of the geometric altitude of the unmanned aircraft.

(f) An indication of the velocity of the unmanned aircraft.

(g) A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output.

(g) An indication of the emergency status of the unmanned aircraft.

A remote identification broadcast module must be capable of broadcasting the following remote identification message elements:

(a) The identity of the unmanned aircraft consisting of the serial number assigned to the remote identification broadcast module by the person responsible for the production of the remote identification broadcast module.

(b) An indication of the latitude and longitude of the unmanned aircraft.

(c) An indication of the geometric altitude of the unmanned aircraft.

(d) An indication of the velocity of the unmanned aircraft.

(e) An indication of the latitude and longitude of the take-off location of the unmanned aircraft.

(f) An indication of the geometric altitude of the take-off location of the unmanned aircraft.

(g) A time mark identifying the Coordinated Universal Time (UTC) time of applicability of a position source output.

The collection of this information in the remote identification message elements is necessary to comply with the statutory requirement to develop standards for remotely identifying operators and owners of unmanned aircraft. The collection of this information will also provide airspace awareness to enable the FAA, national security agencies, and law enforcement entities to distinguish compliant airspace users from those potentially posing a safety or security risk.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Persons operating unmanned aircraft with remote identification are mandated to broadcast the remote identification message elements addressed in this supporting statement, on occasion (when the unmanned aircraft with remote identification is operated in the airspace of the United States). This requires the disclosure of the unmanned aircraft.

The remote identification message elements that operators are required to broadcast under this rule are considered publicly accessible information as they may be available to the public. The remote identification message elements broadcast directly from the unmanned can be received by anyone who has an equipment that receives broadcast messages. The FAA considers that there is no more inherent right to privacy in the physical location of either the unmanned aircraft or the control station than there is in the location of manned aircraft.

The information broadcast in the message elements will be used by the FAA and other Federal partners to provide airspace awareness of unmanned aircraft operations in the airspace of the United States, which could be used to distinguish compliant airspace users from those potentially posing a safety or security risk.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

The collection of information through the broadcasting of the message elements from a standard remote identification unmanned aircraft or remote identification broadcast module is entirely automatic. The collection uses automated, electronic, and related technological collection techniques. This framework makes it relatively simple and straightforward for individuals to comply with the broadcast requirements by operating unmanned aircraft that are standard remote identification unmanned aircraft or unmanned aircraft equipped with a remote identification broadcast module, and are produced to meet the minimum performance requirements of the rule.

Persons operating unmanned aircraft may comply with the remote identification requirements in one of three ways. First, persons may use a standard remote identification unmanned aircraft that broadcasts the message elements directly from the unmanned aircraft. A person operating a standard remote identification unmanned aircraft that could no longer broadcast the message elements must land as soon as practicable.

Second, persons may use an unmanned aircraft produced without remote identification that is equipped with a remote identification broadcast module by either a software upgrade or by securing a module to the unmanned aircraft prior to takeoff. The broadcast module broadcasts the message elements directly from the unmanned aircraft. The person manipulating the flight controls of the unmanned aircraft system, where the unmanned aircraft is equipped with the remote identification broadcast module, must be able to see the unmanned aircraft at all times throughout the operation.

The third way to comply with the remote identification requirements is to operate an unmanned aircraft without remote identification at an FAA-recognized identification area. Because these types of operations do not involve the broadcast of message elements, they were not considered as part of this information collection.

A person can operate a standard remote identification unmanned aircraft only if: (1) it has a serial number that is listed on an FAA-accepted declaration of compliance; (2) its remote identification equipment is functional and complies with the requirements of the rule from takeoff to shutdown; (3) its remote identification equipment and functionality have not been disabled; and (4) the Certificate of Aircraft Registration of the unmanned aircraft used in the operation must include the serial number of the unmanned aircraft, as per applicable requirements of parts 47 and 48, or the serial number of the unmanned aircraft must be provided to the FAA in a notice of identification pursuant to § 89.130 prior to the operation.

A person can operate an unmanned aircraft equipped with a remote identification broadcast module only if: (1) the remote identification broadcast module meets the requirements of this rule; (2) the serial number of the remote identification broadcast module is listed on an FAA-accepted declaration of compliance; (3) the Certificate of Aircraft Registration of the unmanned aircraft used in the operation includes the serial number of the remote identification broadcast module, or the serial number has been provided to the FAA on a notice of identification; (4) from takeoff to shutdown the remote identification broadcast module broadcasts the remote identification message elements from the unmanned aircraft; and (5) the person manipulating the flight controls of the unmanned aircraft system must be able to see the unmanned aircraft at all times throughout the operation.

Under the Remote Identification final rule, standard remote identification unmanned aircraft must be designed and produced such that the remote identification functionality is always enabled. Standard remote identification unmanned aircraft and remote identification broadcast modules must also be designed and produced to notify the person manipulating the flight controls of the unmanned aircraft of any remote identification malfunctions, failures, or anomalies.

All message elements are required to be broadcast directly from the unmanned aircraft without input from the operator.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

The FAA does not anticipate receiving any duplicate data because there has not been any collection from this specific population before. The FAA knows of no other agency collecting the same information. The information sought is specific to unmanned aircraft being operated in the airspace of the United States. The information is only available from standard remote identification unmanned aircraft or unmanned aircraft equipped with a remote identification broadcast module, not from any other source.

5. If the collection of information involves small businesses or other small entities, describe the methods used to minimize burden.

The information collection makes no distinction between whether the unmanned aircraft operator is a private person, owner of a small business, or commercial operator.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Without this information collection, compliance with the statutory requirement will not be possible. As a result, the FAA will have a greatly diminished ability to ensure public safety and the safety and efficiency of the airspace of the United States. Absence of the information may delay the development of new technologies to facilitate future, more advanced operational capabilities, such as detect and avoid and aircraft to aircraft communications that support beyond visual line of sight operations. Furthermore, the inability to collect this information would prevent the FAA, national security agencies, and law enforcement entities from having airspace awareness, which could be used to distinguish compliant airspace users from those potentially posing a safety or security risk.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

• requiring respondents to report information to the agency more often than quarterly;

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any document; requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

• in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

This information collection does not have any special circumstances.

8. Provide information on the PRA Federal Register Notice that solicited public comments on the information collection prior to this submission. Summarize the public comments received in response to that notice and describe the actions taken by the agency in response to those comments. Describe the efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

A Federal Register Notice published on November 22, 2023 (88 FR 81530) solicited public comment. Two comments were received.

The first comment was received from Carafo Aviation. The company believes that there are more cost-effective ways to collect the information subject to this collection, such as Automatic Dependent Surveillance-Broadcast (ADS-B) technology that broadcasts certain information from manned aircraft as required by 14 CFR 91.225 and 91.227.

The second comment was from the Air Line Pilots Association, International (ALPA). ALPA supports the FAA in its request for renewal of information collected for Unmanned Aircraft Remote Identification Message Elements. ALPA also recommends that the FAA establish and host a database where de-identified data collected from drones can be used as safety data.

The FAA has not made any changes to the information collection as a result of the comments. The FAA notes that the remote identification of unmanned aircraft is mandated by congress, and the FAA did consider alternatives, such as ADS-B, during the rulemaking process. The FAA determined that the ADS-B message elements were not appropriate for the remote identification of unmanned aircraft and requiring unmanned aircraft to equip with ADS-B would be cost prohibitive.

9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

No gifts or payments are provided to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.

No assurance of confidentiality is being provided. However, the FAA is not requiring that the identity of the owner of the unmanned aircraft be included in the message elements, because the message elements may generally be available to the public. The message elements that the FAA is requiring are the minimum necessary to achieve the FAA’s safety and security goals. The FAA has determined that requiring other information would potentially raise privacy concerns. However, owner information will still be available to the FAA and law enforcement because the FAA retains the ability to correlate the serial number of a standard remote identification unmanned aircraft or broadcast module with the owner’s registration information.

As noted, the remote identification message elements are publicly accessible. The FAA considers that there is no more inherent right to privacy in the physical location of either the unmanned aircraft or the control station than there is in the location of manned aircraft. The FAA requires in this rule that the broadcast message be sent using radio frequency spectrum in accordance with 47 CFR part 15, where operations may occur without a Federal Communications Commission (FCC) individual license, which means that this message could potentially be received by any device capable of receiving that broadcast.

Although the serial number or session ID could be associated with an individual through the FAA’s registration database, at this time, the FAA does not intend to make registration data held under 14 CFR part 48 available to the general public. The FAA may provide registration data associated with a particular serial number or session ID to authorized persons from law enforcement or Federal Government as described in SORN 801 (DOT/FAA 801 Aviation Registration Records).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.

There are no questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices. * If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under item 13.

To transmit remote identification message elements, each remote pilot is required to operate either a standard remote identification unmanned aircraft or unmanned aircraft equipped with a remote identification broadcast module. The collection of information through the broadcasting of the remote identification message elements is entirely automatic, therefore there is no average burden associated with the broadcast of the remote identification message elements.

Because the requirement to broadcast remote identification is dependent on the unmanned aircraft registration status, the FAA estimates the maximum number of respondents to be the number of registered unmanned aircraft which is currently approximately 738,000. The actual number of respondents is likely less than 738,000 since many unmanned aircraft will not have remote identification and will be operated in FAA-recognized identification areas where remote identification is not required.

Table 1: Respondents Transmitting Message Elements

Total Annual Respondents	Burden Hours
738,000	Minimal Impact/Automated

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information.

There are no capital or startup costs or operation and maintenance components affiliated with the

information collection.

14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

There are no annualized costs to the Federal Government generated by the transmission of the remote identification message elements.

15. Explain the reasons for any program changes or adjustments.

The estimated number of respondents to this information collection has been updated to reflect the actual number of unmanned aircraft that are currently registered with the FAA. However, this results in no change to the annual hour burden since the information is collected automatically without any input from the respondent.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The results of this information collection will not be published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.

The FAA is not seeking approval to not display the date of expiration of this information collection.

18. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

There are no exceptions to the certification statement for this information collection.