The Federal Aviation Administration’s (FAA) Remote ID rule for drones (Part 89) became effective on April 21, 2021. Part 89 will likely increase commercial drone operations while promoting safety and security. With the drone industry predicted to grow to $63.6 billion by 2025 (particularly in agriculture, construction and mining, insurance, telecommunications, and law enforcement), new regulations such as Part 89 are vital to maintaining that momentum.

As I previously wrote, Part 89 includes new operating requirements for drone operators, including a requirement to operate only unmanned aircraft systems (UAS) that meet the remote identification design and production standards set out in the rule, and contains three (3) remote identification classifications:

  • Standard Remote Identification: Requires the UAS to transmit identification and location information to an FAA-contracted UAS Service Supplier (USS) and locally broadcast that information in unrestricted, unprotected Bluetooth signals. The FAA plans to leverage the Low Altitude Authorization and Notification Capability (LAANC) system that it is currently using to provide authorization for drones to fly in restricted airspace.
  • Limited Remote Identification: Requires the UAS to transmit identification and location to an FAA-contracted USS only, but is applicable only to visual-line-of-sight operations occurring within 400 feet of the operator.
  • No Remote Identification: Drones would not be required to transmit remote identification when operating within an FAA-Recognized Identification area (FRIA), the designation of which can be requested by community-based organizations, such as model aircraft clubs and associations.

The production and design rules are effective as of September 16, 2022 (with a few exceptions). The operational requirements are effective as of September 16, 2023.

While many of these new requirements will mainly affect drone operators, manufacturers will need to take the most action to comply with the production and design rules over the next year. We’ll watch the progress of these rules and the implementation closely over the next few months.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.