U.S . Department of Transportation Federal Aviation Administration Advisory Circular Subject: FAA-Recognized Identification Areas Date: 10/19/22 AC No: 89-3 Initiated by: AFS-400 Change:
1 PURPOSE OF THIS ADVISORY CIRCULAR (AC). This AC provides guidance on applying for a Federal Aviation Administration (FAA)-Recognized Identification Area (FRIA), in accordance with Title 14 of the Code of Federal Regulations (14 CFR) Part 89, Remote Identification of Unmanned Aircraft, subpart C. This AC does not change, create, or permit deviations from existing regulatory requirements.
1.1 Effects of Guidance. The contents of the document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide information to the public regarding existing requirements under the law or agency policies. Persons wishing to apply for a FRIA must meet the applicable requirements of part 89.
2 AUDIENCE. This AC applies to any person wishing to apply for the establishment of a FRIA. The primary audience for this AC are those organizations or institutions eligible to apply for the establishment of a FRIA pursuant to part 89 subpart C.
3 WHERE YOU CAN FIND THIS AC. You can find this AC on the FAA’s website at https://www.faa.gov/regulations_policies/advisory_circulars and the Dynamic Regulatory System (DRS) at https://drs.faa.gov.
4 RELATED READING MATERIAL (current editions):
1. Title 14 CFR Part 89, Remote Identification of Unmanned Aircraft.
2. Title 14 CFR Part 107, Small Unmanned Aircraft Systems.
3. Title 49 of the United States Code (49 U.S.C.) § 44809, Exception for Limited Recreational Operations of Unmanned Aircraft.
4. AC 91-57, Exception for Limited Recreational Operations of Unmanned Aircraft.
5. AC 107-2, Small Unmanned Aircraft Systems (Small UAS).
6. FAA Order 1050.1, Environmental Impacts: Policies and Procedures.
7. Aeronautical Information Manual (AIM).
8. Temporary Flight Restriction (TFR) listing, located at http://tfr.faa.gov/tfr2/list.html.
9. Aeronautical Navigation Products (Charts), located at https://www.faa.gov/air_traffic/flight_info/aeronav/.
10. Notices to Air Missions (NOTAM), located at https://www.faa.gov/air_traffic/publications/notices/.
5 BACKGROUND. Part 89 establishes requirements for the remote identification of unmanned aircraft (UA) operated in the airspace of the United States. The rule addresses safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States, laying a foundation for enabling greater operational capabilities. Persons operating UA without remote identification may operate within the boundaries of a FRIA pursuant to part 89, § 89.115(b). A FRIA is a defined geographic area where persons can operate a UA without remote identification equipment, provided they maintain visual line of sight. Part 89 subpart C contains the requirements for requesting the establishment of a FRIA, as well as regulations regarding the process for FAA approval of FRIAs, the duration of FRIAs, FRIA renewal procedures, and procedures for termination of FRIAs.
5.1 Operations in a FRIA. To operate a UA without remote identification pursuant to § 89.115(b), the UA and the person manipulating its flight controls must both remain within the boundaries of the FRIA throughout the operation. The person manipulating the flight controls must also be able to see the UA at all times. Other aircraft, including UA with remote identification, may also operate in a FRIA. Operators of a standard remote identification UA or UA equipped with a remote identification broadcast module must continue to remotely identify, even when operating within the boundaries of the FRIA, as part 89 does not allow for the remote identification capability to be disabled unless otherwise authorized by the Administrator. Additionally, all persons operating a UA within a FRIA must comply with any other regulations or statutory requirements applicable to their operation. For more information on which laws and rules apply to your operations, review the related reading materials or visit https://www.faa.gov/uas.
5.2 FRIAs and Fixed Sites Under 49 U.S.C. § 44809. FRIAs established under part 89 and “fixed sites” for purposes of recreational flying under 49 U.S.C. § 44809(c) are two different kinds of FAA-recognized UA operating areas with different purposes, requirements, and application processes. A fixed site is a location with a standing airspace authorization for recreational flying; whereas, a FRIA is a location where UA may operate without remote identification, pursuant to § 89.115(b). In some places where an airspace authorization is required for recreational flying, such as in controlled airspace, a FRIA and fixed site may overlap.
6 REQUESTING A FRIA.
6.1 Eligibility. Only FAA-recognized community-based organizations (CBO) and educational institutions are eligible to request the establishment of a FRIA. Refer to § 89.205.
6.1.1 CBO. A CBO is a membership-based association entity that meets all of the criteria in 49 U.S.C. § 44809(h).
6.1.2 Educational Institutions. Educational institutions include primary and secondary schools, trade schools, colleges, and universities. An educational institution should meet applicable laws and criteria establishing it as an educational institution, as defined in Section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
§ 7801) and those defined in Section 1001(a) and (b) of the Higher Education Act of 1965 (20 U.S.C. § 1001(a) and (b)).
6.2 Who Can Submit an Application. Individuals that have the authority to act on behalf of a CBO or educational institution can submit an application for the establishment of a FRIA on behalf of that CBO or educational institution.
6.3 When and How to Apply. The FAA will begin accepting FRIA applications on September 16, 2022. All documentation and information to apply for a FRIA should be submitted via the FAA’s FRIA application website located within DroneZone at https://faadronezone.faa.gov/.
6.4 What Information to Provide. Pursuant to § 89.210, applications must include the information identified in paragraphs 6.4.1 through 6.4.9, as applicable. The Administrator may also request other information, as needed, from a person applying for a FRIA. Refer to § 89.210(b)(9).
6.4.1 Name of the CBO or Educational Institution. The application must include the name of the eligible person applying for establishment of the FRIA. Refer to § 89.210(b)(1). For CBOs, the name should match the name of an FAA-recognized CBO as listed on the FAA website. For educational institutions, provide the institution’s full name.
6.4.2 Name of the Individual Making the Request. The application must include the name of the individual making the request for establishment of the FRIA on behalf of the CBO or educational institution. Refer to § 89.210(b)(2).
6.4.3 Declaration. On the application, the individual making the request must declare that they have the authority to request establishment of a FRIA on behalf of the CBO or educational institution. Refer to § 89.210(b)(3).
6.4.4 Primary Point of Contact (PPOC). The application must include the name, physical address, mailing address, phone number, and email address of a PPOC for communications with the FAA. The individual making the request and the PPOC can, but do not have to be, the same individual. However, the PPOC should be able to represent the CBO or educational institution in communications with the FAA. The FAA will contact the PPOC for all matters regarding the FRIA application as well as inquiries regarding the FRIA if the application is approved. Refer to § 89.210(b)(4).
6.4.5 Physical Address of the Proposed FRIA Location. The application must include the physical address of the proposed FRIA location. Refer to § 89.210(b)(5). If the requested FRIA location does not have a physical address, the applicant must provide a nearby physical address from where the FRIA can be accessed along with written directions for accessing the FRIA from the physical address provided.
6.4.6 Location of the Proposed FRIA. The application must include the location of the boundaries for the proposed FRIA. Refer to § 89.210(b)(6). The location of the boundaries of the proposed FRIA can be provided by specifying a geometric shape along with latitudes, longitudes, and other information as necessary. The FAA’s FRIA application website provides additional instructions for how to submit this information.
6.4.7 Airspace Authorization(s) or Letter(s) of Agreement (LOA). If an airspace authorization or LOA from the FAA applies to operations at the proposed FRIA, a copy of the applicable documents must be included in the application. Refer to § 89.210(b)(7).
Airspace authorizations or LOAs may be issued for UA operations at fixed sites under 49 U.S.C. § 44809. An airspace authorization or LOA is not a prerequisite for a FRIA.
6.4.8 Description of Purpose and Need. The application must include the intended purpose of the FRIA and why a FRIA is needed to achieve the intended purpose. Refer to § 89.210(b)(8). For example, the intended purpose and need could be recreational flying of UA that are not equipped with remote identification equipment.
6.4.9 Additional Information. The application must include an estimate of the expected utilization of the proposed FRIA. Refer to § 89.210(b)(9). The estimate of expected utilization includes the average frequency and duration of UA flights, the types of UA expected to operate at the site, and the times of day when operations may occur.
7 FAA ASSESSMENT OF FRIA REQUESTS.
7.1 General. This section provides information on how the FAA will assess an application for the establishment of a FRIA based on the criteria detailed in § 89.215. The FAA may request further information as necessary to fully assess a FRIA application. The FAA will consider the criteria described below in reviewing FRIA applications.
7.2 The Existence of FAA-Established Flight or Airspace Restrictions. Refer to § 89.215(a).
7.2.1 Title 14 CFR Part 73, Special Use Airspace. The FAA may establish restricted areas or prohibited areas under part 73 in the interest of national defense, security, or welfare wherein activities must be confined because of their nature, or wherein limitations may be imposed upon aircraft operations that are not a part of those activities. Refer to FAA Order JO 7400.2, Procedures for Handling Airspace Matters, Part 5, Special Use Airspace. Due to the safety and security concerns present within Special Use Airspace (SUA), the FAA will deny requests to establish a FRIA in these areas.
7.2.2 Special Security Instructions (SSI). Under 14 CFR part 99, § 99.7, the FAA may issue SSI within an Air Defense Identification Zone or a Defense Area in the interest of national security pursuant to agreement with the Department of Defense (DOD) or another U.S. Federal security or intelligence agency. The FAA has issued Unmanned Aircraft System (UAS)-specific SSI at select Federal national security-sensitive locations in the United States. UAS-specific SSI are published via NOTAMs and impacted locations are depicted at https://udds-faa.opendata.arcgis.com/. The FAA will deny requests to establish a FRIA in areas overlapping existing SSI because the operation of
5 UA without remote identification in those areas would compromise the operational security concern, supporting the basis of establishing the SSI.
7.2.3 Special Air Traffic Rules (SATR). The FAA establishes SATRs under 14 CFR part 93 for operating aircraft in specifically identified areas. These may include but are not limited to Special Flight Rules Areas (SFRA) and Flight Restriction Zones (FRZ). Refer to part 93 subparts U and V. Due to the safety and security concerns associated with SATRs, the FAA will deny requests to establish a FRIA in areas where SATRs apply.
7.2.4 Temporary Flight Restrictions (TFR). The FAA establishes TFRs under 14 CFR part 91 to restrict aircraft from operating within a defined area on a temporary basis. The FAA may consider the characteristics of any established TFR near or overlapping the requested FRIA location in determining whether to approve a request to establish a FRIA.
7.3 Safe and Efficient Use of Airspace by Other Aircraft. Refer to § 89.215(b).
7.3.1 Proximity to Airports and Heliports. The FAA will consider the proximity of airports and heliports to a proposed FRIA location. The FAA needs to be able to identify UA operating over and near airports and heliports in order to ensure the safe and efficient use of the airspace in areas where aircraft are taking off and landing. When aircraft are operating close to the ground, the potential for interactions between UA and other aircraft increases, as does the severity of potential consequences from failing to comply with applicable operating rules. The FAA will deny a request to establish a FRIA if the FAA determines that operations of UA without remote identification in the requested area pose an unacceptable risk to the safe and efficient use of the airspace near an airport or heliport.
7.3.2 Proximity to Areas of Other Aviation-Related Activity. The FAA will assess whether the requested FRIA is located near areas of known aviation-related activity such as parachute jump areas, hang glider launch areas, and hot air balloon launch areas. The FAA will deny a FRIA if the proximity to an area of aviation-related activity is such that operations of UA without remote identification pose an unacceptable risk to the safe and efficient use of the airspace.
7.4 Safety and Security of Persons or Property on the Ground. Refer to § 89.215(c).
Remote identification is the primary tool for law enforcement and the public to identify UA operations that may pose a risk to persons and property on the ground. Therefore, the FAA will deny requests to establish a FRIA in areas where there is an unacceptable impact to the safety and security of persons or property on the ground. The FAA will assess if the proposed FRIA location overlaps with areas where members of the public may gather or regularly transit, such as housing developments, playgrounds, athletic fields, shopping centers, and public roadways. The FAA will also assess if the proposed FRIA location overlaps with sensitive or secure facilities, such as military bases, prisons, and power plants. The FAA would consider a proposed FRIA close to these types of sites incompatible with the objectives of the remote identification rule.
7.5 Need for the FRIA in the Proposed Location and Proximity of Other FRIAs. Refer to § 89.215(d). The FAA will assess the applicant’s intended purpose and need for the proposed FRIA. FRIAs should not be so closely located or cover too large an area such that their existence undermines the purpose and effectiveness of the remote identification rule. The approval of FRIAs that are very closely located or cover large areas would undermine the effectiveness of the rule, because law enforcement or members of the public would no longer be able to easily associate a UA without a remote identification broadcast with a particular location where the operator can be found. Additionally, when making the determination of whether to approve or deny a FRIA, the FAA will take into account how close the proposed FRIA is to other FRIAs that could support the same need described by the applicant. The FAA will also assess the size of the FRIA in relation to the stated purpose and need. The FAA may deny requests to establish a FRIA closely located to other established FRIAs that are capable of supporting the same need. For example, a requested site for a similar purpose that is a few minutes’ drive from an existing site may be denied. The FAA may also deny a request to establish a FRIA if the proposed size is found to be excessive considering the applicant’s stated need and purpose. For example, an application that requests a FRIA that covers hundreds of acres but does not provide information regarding why the large area is necessary for the intended purpose may be denied.
8 FAA RESPONSE.
8.1 Approvals. If the FAA grants an approval for a FRIA, the FRIA will be in effect for 48 calendar-months following the date of approval, as stated in § 89.225(a). As part of the FRIA approval process, the FAA will take the following actions:
8.1.1 Notice of Approval. The FAA will notify the PPOC listed in the application when a request for the establishment of a FRIA has been approved. This notice will include the effective date and expiration date of the FRIA.
8.1.2 Publication of FRIAs. The FAA will publish the locations of approved FRIAs on the FAA’s UAS Data Delivery Service (UDDS) website at https://uddsfaa.opendata.arcgis.com/.
8.2 Denials. The FAA will deny a request for the establishment of a FRIA if, following its assessment, the provided data and documentation contained in an application does not meet one or more of the eligibility requirements described in paragraph 6 (refer to § 89.205) or the criteria described in paragraph 7 (refer to § 89.215). These criteria are assessed independently when making the determination to approve or deny the application. A request for the establishment of a FRIA may also be denied for missing, incomplete, or ambiguous information in the application, associated documentation, or requests for further information. The FAA will notify the PPOC listed in the application and will include the reason(s) for the denial. When a request for the establishment of a FRIA is denied, an applicant may submit a new FRIA application that addresses the reason for the denial.
7 9 AMENDMENTS, RENEWALS, EXPIRATIONS, AND TERMINATIONS.
9.1 Amendments. As stated in § 89.220, after the FAA approves of a FRIA, amendments may be made if there are changes to the FRIA. The CBO or educational institution that requested the FRIA should submit any requested changes via the FAA’s FRIA application website. Changes must be submitted by an individual with the appropriate authority to act on behalf of the CBO or educational institution.
9.1.1 Required Submissions. If there are any changes to the information submitted in the application for the FRIA, including but not limited to a change in the PPOC, the changes must be submitted to the FAA within 10 calendar-days of the change.
9.1.2 Changes to Boundaries. A CBO or educational institution that has received approval of a FRIA application may request amendments to the geographic boundaries of the FRIA, pursuant to § 89.220(b). The FAA will assess the request against applicable criteria described in paragraph 7. Operations without remote identification may not be conducted within the new boundaries unless the FAA has approved the requested amendment.
9.1.3 Ongoing Review. Pursuant to § 89.220(c), FRIAs are subject to ongoing FAA review.
Certain changes or developments near or at a FRIA, such as the construction of a new airport or housing development, may lead the FAA to modify or to terminate the FRIA.
The FAA will notify the PPOC for the FRIA if a change leads to the modification or termination of a FRIA.
9.2 Renewals. As described in § 89.225(b), a CBO or educational institution may submit a request to renew a FRIA via the FAA’s FRIA application website. Requests for renewal must be made no later than 120 days before the FRIA’s expiration date. Requests submitted after that time, but prior to the expiration date, may not be processed in time for an FAA decision prior to expiration. If the FRIA expires while the FAA is still reviewing the renewal request, the FRIA will no longer be effective and the UA operating in the location must meet applicable remote identification operating requirements under part 89. The FAA will review renewal requests against the criteria in paragraph 7.
9.3 Expirations. As described in §§ 89.225(a) and 89.230(a), FRIAs are in effect for 48 calendar-months following the date of approval, and expire automatically unless renewed. If a FRIA expires, a CBO or educational institution may submit a new FRIA application in order to reestablish the expired FRIA.
9.4 Terminations. As described in § 89.230, FRIAs may be terminated prior to the expiration date for either of the reasons discussed below.
9.4.1 Termination by Request. Pursuant to § 89.230(b)(1), if an established FRIA is no longer needed, the PPOC can submit a request that the FAA terminate the FRIA via the FAA’s FRIA application website. A CBO or educational institution that wishes to reestablish a FRIA that was previously terminated by request may submit a new FRIA application in order to reestablish the FRIA.
9.4.2 Termination by FAA. Pursuant to §§ 89.220(c) and 89.230(b)(2), all established FRIAs are subject to ongoing review by the FAA. In accordance with § 89.230(b), if the FAA finds that a FRIA poses a risk to aviation safety, public safety, homeland security, or national security, the FRIA is no longer associated with an FAA-recognized CBO or educational institution, or if the person who requested the FRIA provided false or misleading information during the submission, amendment, or renewal process, the FAA may terminate the FRIA. When a FRIA is terminated, the FAA will issue a notice of termination to the PPOC with the reasons for the termination. A person may petition the FAA to reconsider the termination within 30 calendar-days of the termination of the FRIA as stated in § 89.230(c). Instructions for submitting a petition will be provided in the notice of termination to the PPOC. A petition for reconsideration must provide the reasons justifying the request for reconsideration and include any supporting documentation. Upon consideration of the information submitted by the petitioner, the FAA will notify the petitioner of the decision on the request for reconsideration.
10 AC FEEDBACK FORM. For your convenience, the AC Feedback Form is the last page of this AC. Note any deficiencies found, clarifications needed, or suggested improvements regarding the contents of this AC on the Feedback Form.
C aitlin Locke Acting Deputy Executive Director, Flight Standards Service
Advisory Circular Feedback Form If you find an error in this AC, have recommendations for improving it, or have suggestions for new items/subjects to be added, you may let us know by contacting the Flight Technologies and Procedures Division at 9-AWA-AFS400-Coord@faa.gov or the Flight Standards Directives Management Officer at 9-AWA-AFB-120-Directives@faa.gov.
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