U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: Declaration of Compliance Process for Remote Identification of Unmanned Aircraft Date: 12/22/20 Initiated By: AIR-600 AC No: 89-2 1 PURPOSE OF THIS ADVISORY CIRCULAR (AC): This AC provides guidance on the Declaration of Compliance (DOC) process described in Title 14, Code of Federal Regulations (14 CFR) part 89, Remote Identification of Unmanned Aircraft. This AC outlines the required information for submitting a DOC.
Effects of Guidance: The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
2 AUDIENCE: This AC is of interest to producers submitting a DOC for standard remote identification unmanned aircraft or remote identification broadcast modules pursuant to § 89.530.
3 RELATED READING MATERIAL (CURRENT EDITIONS) The following regulations, guidance, and standards are applicable to this AC.
3.1 FAA ACs
• AC 89-1, Means of Compliance Process for Remote Identification of Unmanned Aircraft
• AC 107-2, Small Unmanned Aircraft Systems
3.2 FAA Orders
• Order 8000.71, Aircraft Make, Model, and Series Taxonomy
• Order 8100.11, Requirements for Finding Undue Burden and No Undue Burden Under 14 CFR Part 21
• Order 8110.4, Type Certification
• Order 8130.2, Airworthiness Certification of Aircraft
• Order 8130.34, Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft
• Order 8150.1, Technical Standard Order Program
3.3 Title 14, Code of Federal Regulations (14 CFR)
• Part 21, Certification Procedures for Products and Articles
• Part 47, Aircraft Registration
• Part 48, Registration and Marking Requirements for Small Unmanned Aircraft
• Part 89, Remote Identification of Unmanned Aircraft
• Part 91, General Operating and Flight Rules
• Part 107, Small Unmanned Aircraft Systems
3.4 FAA-Accepted Means of Compliance for Standard Remote Identification Unmanned Aircraft or Remote Identification Broadcast Modules Refer to FAA website for the current list of FAA-accepted means of compliance.
4 BACKGROUND
4.1 The remote identification of unmanned aircraft promotes public safety, accountability, and the safe and efficient use of U.S. airspace by leveraging new technologies to furnish data specific to individual unmanned aircraft to people on the ground and other airspace users. Remote identification information allows the public and law enforcement to identify unmanned aircraft, as well as locate the corresponding control station or take-off location. Remote identification enables the FAA to monitor unmanned aircraft operations for compliance with applicable regulations and to oversee the safety and security of U.S.
airspace. Standard remote identification unmanned aircraft broadcast the remote identification message elements directly from the unmanned aircraft. The remote identification broadcast module is a retrofit option that provides flexibility to achieve remote identification for operators of unmanned aircraft that do not qualify as standard remote identification unmanned aircraft.
4.2 Under part 89, producers of standard remote identification unmanned aircraft and remote identification broadcast modules must comply with applicable remote identification design and production requirements. A producer may—
• Produce standard remote identification unmanned aircraft following the requirements of § 89.510 for unmanned aircraft systems produced under a design or production approval under part 21.
• Produce standard remote identification unmanned aircraft following the requirements of § 89.515 for unmanned aircraft without a part 21 design approval or production approval.
• Produce remote identification broadcast modules in accordance with § 89.520.
4.3 Unmanned aircraft systems certificated under part 21 are subject to the type certification procedures and applicable airworthiness standards for all components of the unmanned aircraft system under that part. The FAA will apply part 89 remote identification requirements during the type and supplemental type certification procedures. However, in accordance with § 89.510, submission of a declaration of compliance for such aircraft is not required, as described in paragraph 5 of this AC.
4.4 A DOC is the method by which a producer declares that a standard remote identification unmanned aircraft or remote identification broadcast module has been designed and produced to meet the applicable minimum performance requirements of subpart D of part 89 by using an FAA-accepted means of compliance (MOC).
4.5 The FAA will rely on the DOC to ensure the standard remote identification unmanned aircraft or remote identification broadcast module identified on the DOC is designed and produced in accordance with an FAA-accepted MOC and complies with the applicable remote identification requirements of part 89.
4.6 Refer to the FAA website for the current list of FAA-accepted MOC that may be used to comply with the performance requirements of part 89.
5 DECLARATION OF COMPLIANCE (DOC)—REQUIRED INFORMATION
5.1 The information described in this section is required pursuant to § 89.530.
5.2 Producer’s Name: The submitter of a DOC for acceptance by the FAA must provide the full legal name of the producer of the standard remote identification unmanned aircraft or remote identification broadcast module(s). The producer identified in the DOC may be an individual or entity.
5.3 Address(es): The submitter must provide the physical and mailing address of the producer of the standard remote identification unmanned aircraft or remote identification broadcast module.
5.4 Point of Contact’s Name: When submitting a DOC, the FAA recommends the producer designate a point of contact for further communication and coordination with the FAA.
The full legal name should be provided for any point of contact identified in the declaration.
5.5 Telephone Number: The submitter must provide a valid telephone number of the producer listed in the DOC. The FAA may use the telephone number for any communication related to the DOC.
5.6 Email Address: The submitter must provide a valid email address of the producer listed in the DOC. The FAA may use the email address for notice of DOC acceptance or any other communication related to the DOC. The FAA will send an email notifying the point of contact once the agency has accepted the DOC.
5.7 Make: Make is the name assigned to the standard remote identification unmanned aircraft or remote identification broadcast module by the manufacturer when it was produced. In most cases, the standard remote identification unmanned aircraft or remote identification broadcast module make is its common name (See FAA Order 8000.71, Aircraft Make, Model, and Series Taxonomy).
5.8 Model: A standard remote identification unmanned aircraft or remote identification broadcast module model is a designation given by the designer or producer to a grouping with similar design or structure styles. One DOC contains a single producer, make, and model.
5.9 Serial number(s): A producer must list in the DOC all serial numbers assigned to standard remote identification unmanned aircraft or remote identification broadcast modules of the make and model listed in the DOC. Each standard remote identification unmanned aircraft or remote identification broadcast module produced under a DOC must be assigned a unique serial number to allow it to be distinguished from others of the same make and model grouping. Each assigned serial number must comply with ANSI/CTA-2063-A in accordance with § 89.505.
A producer that wishes to include a batch of standard remote identification unmanned aircraft or remote identification broadcast modules on a DOC could list the first serial number of the batch and the last serial number of the batch. In such a situation, the producer should provide an explanation of the process by which individual serial numbers are assigned. For example, a producer should provide a description of all elements of a serial number if those elements provide specific information.
5 An example of a DOC submission is included in appendix A of this AC. A producer may amend an FAA-accepted DOC to include additional serial numbers to enable the production of more units of the same make and model listed in the DOC. Appendix B of this AC provides an example of an amended DOC incorporating a new batch of serial numbers.
5.10 FCC Identifier: The submitter must provide the FCC Identifier of the Title 47, Code of Federal Regulations (47 CFR) part 15, Radio Frequency Devices, compliant radio frequency equipment used and integrated into the standard remote identification unmanned aircraft or the remote identification broadcast module.
5.11 Initial and Amended DOC: If a DOC has not been filed previously for the standard remote identification unmanned aircraft or remote identification broadcast module models, the producer should file an initial DOC. A producer would file an amended DOC to modify an already FAA-accepted DOC. Reasons for submitting an amended DOC include, but are not limited to—
• Resolving a safety issue or non-compliance: If this is the case, the producer would provide, as part of the amended DOC, an explanation of the safety issue or noncompliance resolution;
• Correction of information, such as corrections of misspelled words;
• Updating required information such as the point of contact or producer address; or
• Adding serial numbers to an existing DOC.
The FAA will assign a unique tracking number to each FAA-accepted DOC. The tracking number will be included in the notice sent to the submitter of the DOC, to inform the submitter the DOC has been accepted. The appropriate DOC tracking number should be included on all communications with the FAA, including a submission for an amendment of the DOC. The FAA will provide an updated tracking number to the applicant upon acceptance of an amended DOC.
5.12 Means of Compliance (MOC) Tracking Number: Producers of standard remote identification unmanned aircraft or remote identification broadcast modules must meet the applicable performance requirements of part 89, subpart D, by following a MOC the FAA has accepted. Each accepted MOC is assigned a unique tracking number, which the FAA will list on the FAA website. Within the DOC form, the producer should provide the tracking number that is assigned to the associated FAA-accepted MOC the producer used to demonstrate that the standard remote identification unmanned aircraft or remote identification broadcast module complies with the applicable performance requirements in part 89. A producer of a standard remote identification unmanned aircraft or remote identification broadcast module may use multiple FAA-accepted MOCs, provided the standard remote identification unmanned aircraft or remote identification broadcast module meets all applicable requirements of subpart D, and as long as the producer
6 meets all applicable requirements of part 89, subpart F. Information on the MOC submission and acceptance processes is provided in AC 89-1, Means of Compliance Process for Remote Identification of Unmanned Aircraft.
5.13 Declaration that Remote Identification Requirements Have Been Met: Pursuant to §§ 89.530(b)(7) or 89.530(c)(7), a person responsible for production of a standard remote identification unmanned aircraft or remote identification broadcast module must declare the standard remote identification unmanned aircraft or remote identification broadcast module(s) listed on the DOC have been produced following the FAA-accepted MOC listed on the DOC and meet all applicable part 89 requirements. The DOC form contains the following statement:
“Pursuant to §§ 89.530(b)(7) or 89.530(c)(7), as applicable, I declare that the standard remote identification unmanned aircraft or remote identification broadcast module(s) with serial numbers listed on this Declaration of Compliance comply with all applicable requirements of 14 CFR part 89 for remote identification of unmanned aircraft, as identified in the following means of compliance: [List applicable MOC tracking number(s) used for compliance in Section 4 above].”
5.14 Administrator’s Right to Inspect: Pursuant to §§ 89.515(b) or 89.520(b), as applicable, a person responsible for the production of a standard remote identification unmanned aircraft or remote identification broadcast module must, upon request, allow the FAA to inspect the facilities, technical data, and any standard remote identification unmanned aircraft or remote identification broadcast module listed on an FAA-accepted DOC. Such inspection may include witnessing tests. The DOC form contains the following statement:
“Pursuant to §§ 89.515(b) or 89.520(b), as applicable, I declare that the person responsible for the production of the standard remote identification unmanned aircraft or remote identification broadcast module listed on this Declaration of Compliance will allow the Federal Aviation Administration to inspect the facilities of the producer identified in the Declaration of Compliance, as well as any associated technical data and any produced standard remote identification unmanned aircraft or r emote identification broadcast module, and to witness any tests necessary to determine compliance with 14 CFR part 89.”
5.15 Independent Audits: Pursuant to §§ 89.515(b) or 89.520(b), as applicable, the person responsible for the production of a standard remote identification unmanned aircraft or remote identification broadcast module is responsible for coordinating and performing independent audits to inspect the facilities, technical data, and any standard remote identification unmanned aircraft or remote identification broadcast module that is manufactured and listed under a DOC. The results of these audits must be provided to the
7 FAA upon request. The producer listed on a DOC must also have an independent audit performed if FAA notifies the producers of non-compliance. The DOC form contains the following statement:
“Pursuant to §§ 89.515(b) or 89.520(b), as applicable, I declare that the producer listed on this Declaration of Compliance will conduct independent audits of the facilities, technical data, and any standard remote identification unmanned aircraft or remote identification broadcast modules that are produced and listed under this Declaration of Compliance on a recurring basis to ensure compliance with the requirements of 14 CFR part 89, or if the FAA notifies the producer of non- compliance concerns of any standard remote id entification unmanned aircraft or remote identification broadcast modules listed on this Declaration of Compliance.”
5.16 Product Support and Notification Procedures: Pursuant to §§ 89.515(b) or 89.520(b), as applicable, the person responsible for the production of a standard remote identification unmanned aircraft or remote identification broadcast module must maintain product support and notification procedures for operators of unmanned aircraft with remote identification. The FAA does not require product support and notification procedures to take a specific form or manner. A website that allows operators to report issues and download software updates could be used to comply with the regulatory requirement to have product support procedures. A notification procedure could be an email sent to customers informing them of necessary software updates to ensure their unmanned aircraft remain compliant with part 89 requirements. The producer of the unmanned aircraft must notify the FAA and the public within 15 calendar days of becoming aware of a defect or condition that causes the standard remote identification unmanned aircraft or remote identification broadcast module to no longer meet the requirements of part 89. The DOC form contains the following statement:
“Pursuant to §§ 89.515(b) or 89.520(b), as applicable, I declare that the producer listed on this Declaration of Compliance has product support and notification procedures for the purpose of notifying the public and the FAA of any defect or condition that causes the standard remote identification unmanned aircraft or remote identification broadcast module listed under the Declaration of Compliance to no longer meet the requirements of 14 CFR part 89.”
5.17 Title 47 CFR Part 15—Compliant Radio Frequency Equipment: Pursuant to 14 CFR 89.530(b)(8) or 89.530(c)(8), as applicable, any radio frequency equipment used in a standard remote identification unmanned aircraft or remote identification broadcast module must comply with the applicable requirements of part 15 and be integrated into the unmanned aircraft or remote identification broadcast module without modification to its authorized radio frequency parameters. The producer is responsible for ensuring the
8 radio frequency equipment meets all applicable Federal Communications Commission regulations. The DOC form contains the following statement:
“Pursuant to §§ 89.530(b)(8) or 89.530(c)(8), as applicable, I declare that the radio frequency equipment used in the standard remote identification unmanned aircraft or remote ide ntification broadcast module(s) listed on this Declaration of Compliance are 47 CFR part 15-compliant and have been integrated into the unmanned aircraft or remote identification broadcast module(s) without modification to its/their authorized radio frequency parameters.”
5.18 Installation Instructions for Remote Identification Broadcast Module: Pursuant to § 89.530(c)(8), a producer of remote identification broadcast modules must make available instructions for installing the remote identification broadcast module on compatible unmanned aircraft to any person operating the remote identification broadcast module pursuant to § 89.115. Instructions should include how to minimize interference with the remote identification broadcast module and describe any limitations. This requirement does not apply to producers of standard remote identification unmanned aircraft. The DOC form contains the following statement:
“Pursuant to § 89.530(c)( 8), I declare that instructions have been provided for installation of 47 CF R part 15- compliant remote identification broadcast module without modification to the broadcast module’s authorized radio frequency parameters.”
5.19 Electronic Submission: Declarations of compliance should be submitted electronically through the FAA website.
6 FAA ACCEPTANCE OF A DOC
6.1 The FAA will assign a unique tracking number to each FAA-accepted DOC. The tracking number will be included in the notice sent to the submitter of the DOC, to inform the submitter of the FAA’s acceptance of the DOC. The appropriate DOC tracking number should be included on all communications with the FAA.
6.2 All FAA-accepted DOCs will be listed on the FAA’s website.
7 COMPLIANCE REVIEW OF DECLARATIONS OF COMPLIANCE
7.1 If the FAA becomes aware that a standard remote identification unmanned aircraft or remote identification broadcast module listed on an FAA-accepted DOC does not, or may not, comply with the listed MOC(s), the FAA will issue a notification letter to the submitter of the FAA-accepted DOC stating the non-compliance concern. The
9 notification letter will contain the date by which the FAA expects the submitter to respond.
7.2 If the Administrator determines it is in the public interest, prior to rescinding acceptance of a DOC, the Administrator may provide a reasonable period of time for the submitter of the DOC to remediate the non-compliance. A failure to remediate the non-compliance constitutes cause for rescission of the DOC.
7.3 During the time period listed in the notice of non-compliance or potential noncompliance, the producer of the standard remote identification unmanned aircraft or remote identification broadcast module must arrange for an independent audit to determine whether a non-compliance exists and must submit the audit report to the FAA upon request. The results of the audit should be submitted to the FAA, even if there is a finding that the standard remote identification unmanned aircraft or remote identification broadcast module is compliant. The FAA will notify the producer of the standard remote identification unmanned aircraft or remote identification broadcast module of the outcome of its review.
7.4 If the FAA concludes based on the audit that the producer or production does not comply with applicable requirements, the submitter of the FAA-accepted DOC should submit a proposal for corrective actions to the FAA for review. The FAA will notify the submitter of the outcome of its review and provide additional information as necessary.
7.5 If the FAA does not receive the results of the independent audit and proposal for corrective actions, as applicable, the FAA may determine the standard remote identification unmanned aircraft or remote identification broadcast module does not meet the minimum performance requirements of part 89 and may rescind the DOC.
7.6 Standard remote identification unmanned aircraft or remote identification broadcast modules with serial numbers listed on the DOC may continue to operate throughout the time period listed in the notice of non-compliance or potential non-compliance, unless the letter informs the submitter of the DOC of an immediate rescission of the acceptance of the DOC.
8 RESCISSION OF THE FAA’S ACCEPTANCE OF A DOC
8.1 The FAA may rescind an acceptance of a DOC if—
• The standard remote identification unmanned aircraft or remote identification broadcast module listed on the FAA-accepted DOC does not meet the applicable minimum performance requirements for remote identification in part 89, subpart D
(i.e., the requirements of §§ 89.310 or 89.320).
• The previously accepted DOC does not meet the requirements of part 89, subpart F.
• The FAA rescinds its acceptance of the MOC listed in an FAA-accepted DOC.
8.2 The FAA will publish a notice of rescission in the Federal Register to provide notice of the rescission to all interested or affected parties. The FAA will notify the submitter of the FAA-accepted DOC of the FAA’s decision to rescind its acceptance of the DOC by sending a letter of rescission. The producer of an unmanned aircraft or broadcast module listed on a DOC that has been rescinded is responsible for notifying registered owners of the rescission as part of its product notification process. The FAA may also send a notice of rescission to the registered owners of unmanned aircraft listed under a DOC that has been rescinded by the FAA.
8.3 Unmanned aircraft listed in a DOC that has been rescinded that are not made compliant with the requirements of § 89.110 or § 89.115(a) (e.g., by using a remote identification broadcast module) may only fly at FAA-recognized identification areas.
9 PETITION FOR RECONSIDERATION
9.1 The submitter of the DOC, or any person adversely affected by the rescission of the Administrator’s acceptance of a DOC, may petition for reconsideration of the FAA’s decision by submitting a request to the FAA within 60 calendar days after the date of publication of the notice of rescission in the Federal Register. Specific information for submitting a petition will be provided in the notice of rescission in the Federal Register.
9.2 A petition to reconsider the rescission of the Administrator’s acceptance of a DOC must show that the petitioner is an interested party and has been adversely affected by the decision of the FAA. The petition must also demonstrate at least one of the following—
• The petitioner cites as evidence a significant additional fact not previously presented to the FAA.
• The Administrator made a material error of fact in the decision to rescind acceptance of the DOC.
• The Administrator did not correctly interpret a law, regulation, or precedent.
9.3 Upon consideration of the information submitted by the petitioner, the Administrator will notify the submitter of the DOC and the petitioner (if different) of the decision to reinstate or not to reinstate the Administrator’s acceptance of the DOC.
9.4 The provisions of 14 CFR part 13, subpart D, do not apply to petitions for reconsideration under part 89.
11 10 RECORD RETENTION REQUIREMENTS
10.1 Pursuant to § 89.545, the person who submits a DOC that the FAA has accepted must retain the following information for as long as the standard remote identification unmanned aircraft or remote identification broadcast modules listed on that DOC are produced, plus an additional 24 calendar months, and must make such information available for inspection by the Administrator—
• The MOC used, as well as all documentation and substantiating data related to the MOC used.
• Records of all test results.
• Any other information necessary to demonstrate the MOC was used to ensure the standard remote identification unmanned aircraft or remote identification broadcast module complies with the applicable performance requirements of part 89, subpart D, and the producer has met all applicable requirements of part 89, subpart F.
ORIGINAL SIGNED by
/s/ Victor W. Wicklund for Dr. Michael C. Romanowski Aviation Safety Director, Policy and Innovation Division Aircraft Certification Service
Appendix A A-1 Appendix A. Sample DOC Form
Unmanned Aircraft Remote Identification Declaration of Compliance [ ] Unmanned Aircraft or [ ] Broadcast Module The remote identification of unmanned aircraft is necessary to ensure public safety and the safety and efficiency of the airspace of the United States. Once your information is officially processed, you will receive an email notification from the FAA automated mailbox, stating that we have received your Declaration of Compliance.
Please note, UAS certificated under Part 21 (in any equipped operation under this rule) must show compliance in accordance with Part 21 type certification procedures and the applicable airworthiness standards for all systems aboard the aircraft, including remote identification.
Complete the application below and receive acceptance for your Declaration of Compliance to 14 CFR part 89, Remote Identification of Unmanned Aircraft. To submit a Declaration of Compliance, you must be 13 years of age or older.
1. PRODUCER INFORMATION First Name Last Name OR Company Name Physical Address (P.O. Boxes Not Allowed) Mailing address (if different from physical address) Address 1 Address 1 Address 2 Address 2 City State Postal Code City State Postal Code Country Country
2. POINT OF CONTACT INFORMATION First Name Last Name Email Address Telephone Number Is this declaration of compliance an initial or amended declaration? Initial Amended If this is an amended declaration of compliance, provide the initial DOC Tracking number assigned: DOC # If this is an amended declaration of compliance, is the re-submittal a result of a safety issue or a noncompliance with a prior declaration of compliance?
YES NO If answered yes above, please briefly explain the safety issue:
4. STANDARD REMOTE ID UNMANNED AIRCRAFT OR REMOTE ID BROADCAST MODULE(S) Make MOC Tracking Number(s) Model Serial Number(s) FCC Identifier
5. DECLARATION OF COMPLIANCE WITH APPLICABLE REGULATIONS Pursuant to § 89.530(b)(7) or § 89.530(c)(7), as applicable, I declare that the standard remote identification unmanned aircraft or remote identification broadcast module(s) with serial numbers listed on this Declaration of Compliance comply with all applicable requirements of 14 CFR part 89 for remote identification of unmanned aircraft, as identified in the following means of compliance: [List applicable MOC tracking number(s) used for compliance in Section 4 above].
Pursuant to § 89.515(b) or § 89.520(b), as applicable, I declare that the person responsible for the production of the standard remote identification unmanned aircraft or remote identification broadcast module listed on this Declaration of Compliance will allow the Federal Aviation Administratio n to inspect the facilities of the producer identified in the Declaration of Compliance, as well as any associated technical data and any produced standard remote identi fication unmanned aircraft or remote identification broadcast module, and to witness any tests necessary to determine complian ce with part 89.
Pursuant to § 89.515(b) or § 89.520(b), as applicable, I declare that the producer listed on this Declaration of Compliance will conduct independent audit s of the facilities, technical data, and any standard remote identification unmanned aircraft or remote identification broadcast mo dules that are produced and listed under this Declaration of Compliance on a recurring basis to ensure compliance with the requirements of part 89, or if the FAA notifies the producer of non-compliance concerns of any standard remote identification unmanned aircraft or remote identification broadcast modules listed on this Declaration of Compliance.
Pursuant to § 89.515(b) or § 89.520(b), as applicable, I declare that the producer listed on this Declaration of Compliance has product support and notifi cation procedures for the purpose of notifying the public and the FAA of any defect or condition that causes the standard remote ide ntification unmanned aircraft or remote identification broadcast module listed under the Declaration of Compliance to no longer meet the requirements of part 89.
Pursuant to § 89.530(b)(8) or § 89.530(c)(8), as applicable, I declare that the radio frequency equipment used in the standard remote identification unmanned aircraft or remote identification broadcast module(s) listed on this Declaration of Compliance are 47 CFR part 15-compliant and have been integrated into the unmanned aircraft or remote identification broadcast module(s) without modification to its/their authorized radio frequency parameters.
For Remote Identification Broadcast Module(s) ONLY: Pursuant to § 89.530(c)(8), I declare that instructions have been provided for installation of 47 CFR part 15-compliant remote identification broadcast module without modification to the broadcast module’ s authorized radio frequency parameters.
If the FAA has designated that you need additional information to support your Declaration of Compliance, please attach to this form.
Name: Title: Signature/Date: