80_FR_64116 80 FR 63912 - Clarification of the Applicability of Aircraft Registration Requirements for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for UAS

80 FR 63912 - Clarification of the Applicability of Aircraft Registration Requirements for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for UAS

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Federal Aviation Administration

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range63912-63914
FR Document2015-26874

This document clarifies the applicability of the statutory requirements regarding aircraft registration to UAS, including those operating as model aircraft. In addition, the DOT announces the formation of a UAS registration task force to explore and develop recommendations to streamline the registration process for UAS to ease the burden associated with the existing aircraft registration process. This document requests information and recommendations regarding what information and registration platform would be appropriate for UAS registration and ways to minimize the burden to the regulated community. In addition, we request comment on which UAS, based on their weight or performance capabilities, warrant a continued exercise of discretion with respect to requiring registration because of the negligible risk they pose to the national airspace system (NAS).

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)
[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63912-63914]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26874]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Federal Aviation Administration

14 CFR Chapter I

[Docket No. FAA-2015-4378]


Clarification of the Applicability of Aircraft Registration 
Requirements for Unmanned Aircraft Systems (UAS) and Request for 
Information Regarding Electronic Registration for UAS

AGENCY: Department of Transportation and Federal Aviation 
Administration.

ACTION: Clarification and request for information.

-----------------------------------------------------------------------

SUMMARY: This document clarifies the applicability of the statutory 
requirements regarding aircraft registration to UAS, including those 
operating as model aircraft. In addition, the DOT announces the 
formation of a UAS registration task force to explore and develop 
recommendations to streamline the registration process for UAS to ease 
the burden associated with the existing aircraft registration process. 
This document requests information and recommendations regarding what 
information and registration platform would be appropriate for UAS 
registration and ways to minimize the burden to the regulated 
community. In addition, we request comment on which UAS, based on their 
weight or performance capabilities, warrant a continued exercise of 
discretion with respect to requiring registration because of the 
negligible risk they pose to the national airspace system (NAS).

DATES: This clarification goes into effect October 22, 2015. To assist 
the task force in developing its recommendations, the Department

[[Page 63913]]

requests that comments in response to the request for information be 
submitted to docket FAA-2015-4378 at www.regulations.gov, by November 
6, 2015.
    The docket will remain open after this time and the Department will 
consider all comments received in developing a registration process.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Dockets Management System; U.S. Department of 
Transportation, Dockets Operations, M-30, Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: To U.S. Department of Transportation, 
Dockets Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m., 
Monday through Friday, except Federal holidays. Instructions: Include 
the agency name and docket number FAA-2015-4378 for this document at 
the beginning of your comment. Note that all comments received will be 
posted without change to http://www.regulations.gov including any 
personal information provided. If sent by mail, comments must be 
submitted in duplicate. Persons wishing to receive confirmation of 
receipt of their comments must include a self-addressed stamped 
postcard.
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement at 
http://www.dot.gov/privacy.
    Docket: You may view the public docket through the Internet at 
http://www.regulations.gov or in person at the Docket Operations office 
at the above address (See ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Questions regarding this document may 
be directed to Earl Lawrence, Director, FAA UAS Integration Office, 800 
Independence Ave. SW., Washington DC 20591; phone: (202) 267-6556; 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95) 
(the Act), Congress mandated that the DOT, in consultation with other 
government partners and industry stakeholders, develop a comprehensive 
plan to safely accelerate the integration of civil UAS in the NAS. 
Since 2012, the Department has made progress in enabling UAS 
operations, through issuing exemptions under section 333 of the Act to 
permit commercial operations; creating a UAS test site program to 
encourage further research and testing of UAS operations in real-world 
environments; issuing a notice of proposed rulemaking, Operation and 
Certification of Small Unmanned Aircraft Systems (RIN 2120-AJ60) (small 
UAS NPRM), that sets forth a framework for integrating small UAS 
operations in the NAS; and developing a Pathfinder program to encourage 
research and innovation that will enable advanced UAS operations.
    A foundational statutory and regulatory requirement that the 
Department has employed for each of these integration programs is 
aircraft registration and marking. In order to operate in the NAS, the 
Department must ensure that operators are not only aware of the system 
in which they are operating, but that we also have a means to identify 
and track the UAS to its operator. One means to accomplish this is 
through aircraft registration and marking. To date, UAS operators that 
the Department has authorized have been required to register their UAS 
through the FAA's existing paper-based registration process under 14 
CFR part 47. As an exercise of discretion, historically we have not 
required model aircraft to be registered under this system.
    UAS hold enormous promise for our economy and for the aviation 
industry. But for the industry to develop to its full potential, we 
have to ensure that it develops safely. Over the past several months, 
we have received increasing reports of unauthorized and unsafe use of 
small UAS. Pilot reports of UAS sightings in 2015 are double the rate 
of 2014. Pilots have reported seeing drones at altitudes up to 10,000 
feet, or as close as half-a-mile from the approach end of a runway. In 
recent weeks, the presence of multiple UAS in the vicinity of wild 
fires in the western part of the country prompted firefighters to 
ground their aircraft on several occasions. These UAS operations are 
unsafe and illegal. However, only a small percentage of these incidents 
have resulted in enforcement actions against individuals for unsafe or 
unauthorized UAS operation because identifying an individual or entity 
responsible for the dangerous operation of UAS is very difficult. This 
situation is troubling to the unmanned aircraft industry, to 
responsible model aircraft users, and to users of the NAS, all of whom 
always put safety first.
    The risk of unsafe operations will only increase as more UAS enter 
the NAS. Some retailers have projected huge holiday sales. We are 
committed to ensuring that the U.S. continues to lead the world in the 
development and implementation of aviation technology, and in doing so, 
that we create a space for the creativity, innovation and exploration 
that will drive this industry forward in the years and decades ahead. 
At the same time, we must create a culture of accountability and 
responsibility among all UAS operators. To maintain safety in the NAS, 
the Department has reconsidered its past practice of exercising 
discretion with respect to requiring UAS to be registered, consistent 
with statutory requirements of 49 U.S.C. 44101-44103, and has 
determined that registration of all UAS is necessary to enforce 
personal accountability while operating an aircraft in our skies.
    Federal law requires that a person may only operate an aircraft 
when it is registered with the FAA. 49 U.S.C. 44101(a).\1\ ``Aircraft'' 
is defined as ``any contrivance invented, used, or designed to 
navigate, or fly in, the air.'' \2\ 49 U.S.C. 40102(a)(6). In 2012, 
Congress confirmed that UAS, including those used for recreation or 
hobby purposes, are aircraft consistent with the statutory definition 
set forth in 49 U.S.C. 40102(a)(6). See Public Law 112-95, sec. 331(8), 
336 (defining an unmanned aircraft as ``an aircraft that is that is 
operated without the possibility of direct human intervention from 
within or on the aircraft,'' and model aircraft as ``an unmanned 
aircraft that is capable of sustained flight in the atmosphere, flown 
within visual line of sight of the person operating the aircraft, and 
flown for hobby or recreational purposes''); see also Administrator v. 
Pirker, NTSB Order No. EA-5730, at 12 (Nov. 17, 2014) (affirming that 
the statutory definition of aircraft is clear and unambiguous and 
``includes any air aircraft, manned or unmanned, large or small.''). 
Because UAS, including model aircraft, are aircraft, they are subject 
to FAA regulation, including the statutory

[[Page 63914]]

requirements regarding registration set forth in 49 U.S.C. 44101(a), 
and further prescribed in regulation at 14 CFR part 47.
---------------------------------------------------------------------------

    \1\ The FAA is charged with registering and issuing a 
certificate of registration to the owner of an aircraft that meets 
the requirements of 49 U.S.C. 44102. See 49 U.S.C. 44102-03. These 
statutory requirements are augmented by regulations in part 47 of 
title 14, Code of Federal Regulations.
    \2\ Similarly, FAA regulations define ``aircraft'' as ``a device 
that is used or intended to be used for flight in the air.'' 14 CFR 
1.1.
---------------------------------------------------------------------------

    Historically, the FAA, through the exercise of its discretion, has 
not enforced the statutory requirements for aircraft registration in 49 
U.S.C. 44101 for model aircraft. As evidenced by the recent reports of 
unsafe UAS operations, the lack of awareness of operators regarding 
what must be done to operate UAS safely in the NAS, and the lack of 
identification of UAS and their operators pose significant challenges 
in ensuring accountability for responsible use. Without increased 
awareness and knowledge of the statutory and regulatory requirements 
for safe operation, the risk of unsafe UAS operations will only rise. 
Aircraft identification and marking will assist the Department in 
identifying owners of UAS that are operated in an unsafe manner, so we 
may continue to educate these users, and when appropriate, take 
enforcement action.
    Requiring registration of all UAS, including those operated for 
hobby or recreation, embraces and applies the Academy of Model 
Aeronautics' (AMA)'s policy of identification to UAS operators who may 
not be modelers registered with the AMA. Additionally, it would ensure 
consistency with other UAS operations currently required to be 
registered, such as public aircraft, those operated under exemptions, 
and certificated aircraft, as well as those operations contemplated in 
the small UAS NPRM.
    Based on the Department's experience in registering small UAS 
authorized by exemptions granted under the authority of section 333 of 
the FAA Modernization and Reform Act of 2012, and the comments received 
on the proposed registration requirements in the small UAS NPRM, it is 
apparent that the current paper-based system for aircraft registration 
is too burdensome for small UAS, to include model aircraft. To 
facilitate compliance with the statutory obligation for registration, 
the DOT is currently evaluating options for a streamlined, electronic-
based registration system for small UAS. The Department has convened a 
UAS registration task force, under the FAA's authority in 49 U.S.C. 
106(p)(5) to designate aviation rulemaking committees. This task force 
will provide recommendations on the type of registration platform 
needed to accommodate small UAS, as well as the information that will 
need to be provided to register these aircraft. The UAS registration 
task force also will explore and provide recommendations on whether it 
is appropriate for the FAA to continue to exercise discretion with 
respect to requiring registration of certain UAS based on their weight 
and performance capabilities. The task force will meet and provide its 
recommendations to the Department by November 20, 2015. To facilitate 
the task force's work, we are requesting information and data from the 
public in the following areas:
    1. What methods are available for identifying individual products? 
Does every UAS sold have an individual serial number? Is there another 
method for identifying individual products sold without serial numbers 
or those built from kits?
    2. At what point should registration occur (e.g. point-of-sale or 
prior-to-operation)? How should transfers of ownership be addressed in 
registration?
    3. If registration occurs at point-of-sale, who should be 
responsible for submission of the data? What burdens would be placed on 
vendors of UAS if DOT required registration to occur at point-of-sale? 
What are the advantages of a point-of-sale approach relative to a 
prior-to-operation approach?
    4. Consistent with past practice of discretion, should certain UAS 
be excluded from registration based on performance capabilities or 
other characteristics that could be associated with safety risk, such 
as weight, speed, altitude operating limitations, duration of flight? 
If so, please submit information or data to help support the 
suggestions, and whether any other criteria should be considered.
    5. How should a registration process be designed to minimize 
burdens and best protect innovation and encourage growth in the UAS 
industry?
    6. Should the registration be electronic or web-based? Are there 
existing tools that could support an electronic registration process?
    7. What type of information should be collected during the 
registration process to positively identify the aircraft owner and 
aircraft?
    8. How should the registration data be stored? Who should have 
access to the registration data? How should the data be used?
    9. Should a registration fee be collected and if so, how will the 
registration fee be collected if registration occurs at point-of-sale? 
Are there payment services that can be leveraged to assist (e.g. 
PayPal)?
    10. Are there additional means beyond aircraft registration to 
encourage accountability and responsible use of UAS?

Comments received by November 6, 2015 would be most helpful in 
assisting the UAS registration task force in developing its 
recommendations. The comment period will remain open after this period 
and the Department will consider the comments received, in addition to 
the UAS registration task force's recommendations, in developing a 
stream-lined registration process for small UAS, including model 
aircraft.

    Issued in Washington, DC, on October 19, 2015.
Anthony R. Foxx,
Secretary of Transportation.
Michael P. Huerta,
Administrator of the Federal Aviation Administration.
[FR Doc. 2015-26874 Filed 10-20-15; 11:15 am]
BILLING CODE 4910-9X-P



                                                  63912            Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  workers but does not mandate a specific                    As noted previously, Congress has                    This document does not affect the
                                                  reduction. See 48 U.S.C. 1806(d)(2). In                 mandated that the transition period end               status of any individual currently
                                                  addition, DHS regulations provide that                  on December 31, 2019, without the                     holding CW–2 nonimmigrant status as
                                                  the numerical limitation for any fiscal                 possibility of an administrative                      the spouse or minor child of a CW–1
                                                  year will be less than the number                       extension of the CW program. See 48                   nonimmigrant worker. This document
                                                  established for the previous fiscal year,               U.S.C. 1806(a), (d). Given this firm                  also does not directly affect the ability
                                                  and that it will be reasonably calculated               sunset date and the CNRA’s requirement                of any individual to extend or otherwise
                                                  to reduce the number of CW–1                            to reduce the number of transitional                  obtain CW–2 status, as the numerical
                                                  nonimmigrant workers to zero by the                     workers to zero by the end of the                     limitation applies to CW–1 principals
                                                  end of the program. 8 CFR                               transition period, DHS believes that a                only. This document, however, may
                                                  214.2(w)(1)(viii)(C). DHS may adjust the                prudent approach to the numerical limit               indirectly affect individuals seeking
                                                  numerical limitation at any time by                     for the next fiscal year is to institute a            CW–2 status since their status depends
                                                  publishing a notice in the Federal                      meaningful but moderate reduction in                  on the CW–1 principal’s ability to
                                                  Register, but may only reduce the                       the numerical limitation. As such, DHS                obtain or retain CW–1 status.
                                                  figure. See 8 CFR 214.2(w)(1)(viii)(D).                 believes that a reduction of 1,000 is
                                                     To comply with these requirements,                   appropriate for FY 2016. This new                     Jeh Charles Johnson,
                                                  meet the CNMI’s labor market’s needs,                   baseline preserves access to foreign                  Secretary.
                                                  provide opportunity for growth, and                     labor within the CNMI and provides a                  [FR Doc. 2015–26963 Filed 10–21–15; 8:45 am]
                                                  preserve access to foreign labor, DHS                   cushion for demand growth, yet                        BILLING CODE 9111–97–P
                                                  has set the numerical limitation for FY                 provides a meaningful reduction that
                                                  2016 at 12,999. DHS arrived at this                     aids DHS in the implementation of the
                                                  figure by taking the number of CW–1                     mandated cap reductions to zero over                  DEPARTMENT OF TRANSPORTATION
                                                  nonimmigrant workers needed based on                    the transition period. Accordingly, DHS
                                                  the FY 2015 limitation of 13,999, and                   is reducing the number of transitional                Office of the Secretary
                                                  then moderately reducing it by 1,000 or                 workers from the current fiscal year
                                                  approximately 7.2 percent. The new                      numerical limitation of 13,999, and                   Federal Aviation Administration
                                                  number will accommodate continued                       establishing the maximum number of
                                                  economic growth within the CNMI that                    persons who may be granted CW–1                       14 CFR Chapter I
                                                  might result in a need for additional                   nonimmigrant status in FY 2016 at                     [Docket No. FAA–2015–4378]
                                                  CW–1 nonimmigrant workers during FY                     12,999.
                                                  2016. Therefore, CNMI businesses can                       The FY 2016 numerical limitation for               Clarification of the Applicability of
                                                  continue to hire CW–1 workers to meet                   CW–1 nonimmigrant workers will be in                  Aircraft Registration Requirements for
                                                  their current and future need for foreign               effect beginning on October 1, 2015.                  Unmanned Aircraft Systems (UAS) and
                                                  workers.                                                DHS still retains the ability to adjust the           Request for Information Regarding
                                                     In setting this new numerical                        numerical limitation for a fiscal year or             Electronic Registration for UAS
                                                  limitation for FY 2016, DHS considered                  other period, in its discretion, at any
                                                  its effect in conjunction with the                      time by notice in the Federal Register.               AGENCY:  Department of Transportation
                                                  published media reports indicating that                 See 8 CFR 214.2(w)(1)(viii)(C) and (D).               and Federal Aviation Administration.
                                                  the CNMI economy continues to grow 1                    Consistent with the rules applicable to               ACTION: Clarification and request for
                                                  and that any reduction in the number of                 other nonimmigrant worker visa                        information.
                                                  CW–1 workers available will have to                     classifications, if the numerical
                                                  account for new investments and the                                                                           SUMMARY:   This document clarifies the
                                                                                                          limitation for the fiscal year is not                 applicability of the statutory
                                                  expansion of existing businesses in                     reached, the unused numbers do not
                                                  order to support such economic                                                                                requirements regarding aircraft
                                                                                                          carry over to the next fiscal year. See 8             registration to UAS, including those
                                                  growth.2                                                CFR 214.2(w)(1)(viii)(E).
                                                     For the aforementioned reasons, DHS                                                                        operating as model aircraft. In addition,
                                                                                                             Generally, each CW–1 nonimmigrant                  the DOT announces the formation of a
                                                  recognizes that any numerical limitation                worker with an approved employment
                                                  must account for the fact that the CNMI                                                                       UAS registration task force to explore
                                                                                                          start date that falls within FY 2016 3 will           and develop recommendations to
                                                  economy continues to be based on a                      be counted against the new numerical
                                                  workforce composed primarily of                                                                               streamline the registration process for
                                                                                                          limitation of 12,999. Counting each                   UAS to ease the burden associated with
                                                  foreign workers. Therefore, any new                     CW–1 nonimmigrant worker in this
                                                  fiscal year numerical limit should allow                                                                      the existing aircraft registration process.
                                                                                                          manner will help ensure that U.S.                     This document requests information
                                                  for economic growth until the end of the                Citizenship and Immigration Services
                                                  transitional worker program, which is                                                                         and recommendations regarding what
                                                                                                          does not approve requests for more than               information and registration platform
                                                  now December 31, 2019. DHS must                         12,999 CW–1 nonimmigrant workers.
                                                  reduce the annual numerical limitation                                                                        would be appropriate for UAS
                                                                                                             This document does not affect the
                                                  as statutorily mandated, but also should                                                                      registration and ways to minimize the
                                                                                                          current immigration status of foreign
                                                  ensure that there are enough CW–1                                                                             burden to the regulated community. In
                                                                                                          workers who have CW–1 nonimmigrant
                                                  workers for future fiscal years until the                                                                     addition, we request comment on which
                                                                                                          status. Foreign workers, however, will
                                                  end of the program.                                                                                           UAS, based on their weight or
                                                                                                          be affected by this document when their
                                                                                                                                                                performance capabilities, warrant a
                                                                                                          CNMI employers file:
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                    1 See Cherrie Anne E. Villahermosa, CNMI                                                                    continued exercise of discretion with
                                                  Sustaining Economic Growth Momentum, Marianas              • For an extension of their CW–1
                                                                                                                                                                respect to requiring registration because
                                                  Variety, June 30, 2015, available at http://            nonimmigrant classification, or
                                                  pidp.eastwestcenter.org/pireport/2015/June/06-30-          • A change of status from another                  of the negligible risk they pose to the
                                                  19.htm.                                                 nonimmigrant status to that of CW–1                   national airspace system (NAS).
                                                    2 See Raquel C. Bagnol, Labor Chief Says CW
                                                                                                          nonimmigrant status.                                  DATES: This clarification goes into effect
                                                  Allocation Needs to be Revisited, Marianas Variety,
                                                  June 17, 2015, available at http://
                                                                                                                                                                October 22, 2015. To assist the task
                                                  www.mvariety.com/cnmi/cnmi-news/local/77978-              3 FY 2016 refers to the period between October 1,   force in developing its
                                                  labor-chief-says-cw-allocation-needs-to-be-revisited.   2015, and September 30, 2016.                         recommendations, the Department


                                             VerDate Sep<11>2014   16:39 Oct 21, 2015   Jkt 238001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\22OCR1.SGM   22OCR1


                                                                   Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations                                                 63913

                                                  requests that comments in response to                   (the Act), Congress mandated that the                 difficult. This situation is troubling to
                                                  the request for information be submitted                DOT, in consultation with other                       the unmanned aircraft industry, to
                                                  to docket FAA–2015–4378 at                              government partners and industry                      responsible model aircraft users, and to
                                                  www.regulations.gov, by November 6,                     stakeholders, develop a comprehensive                 users of the NAS, all of whom always
                                                  2015.                                                   plan to safely accelerate the integration             put safety first.
                                                     The docket will remain open after this               of civil UAS in the NAS. Since 2012, the                 The risk of unsafe operations will
                                                  time and the Department will consider                   Department has made progress in                       only increase as more UAS enter the
                                                  all comments received in developing a                   enabling UAS operations, through                      NAS. Some retailers have projected
                                                  registration process.                                   issuing exemptions under section 333 of               huge holiday sales. We are committed to
                                                  ADDRESSES: You may submit comments                      the Act to permit commercial                          ensuring that the U.S. continues to lead
                                                  by any of the following methods:                        operations; creating a UAS test site                  the world in the development and
                                                     • Federal Rulemaking Portal: http://                 program to encourage further research                 implementation of aviation technology,
                                                  www.regulations.gov. Follow the                         and testing of UAS operations in real-                and in doing so, that we create a space
                                                  instructions for submitting comments.                   world environments; issuing a notice of               for the creativity, innovation and
                                                     • Fax: 202–493–2251.                                 proposed rulemaking, Operation and                    exploration that will drive this industry
                                                     • Mail: Dockets Management System;                   Certification of Small Unmanned                       forward in the years and decades ahead.
                                                  U.S. Department of Transportation,                      Aircraft Systems (RIN 2120–AJ60)                      At the same time, we must create a
                                                  Dockets Operations, M–30, Ground                        (small UAS NPRM), that sets forth a                   culture of accountability and
                                                  Floor, Room W12–140, 1200 New Jersey                    framework for integrating small UAS                   responsibility among all UAS operators.
                                                  Avenue SE., Washington, DC 20590–                       operations in the NAS; and developing                 To maintain safety in the NAS, the
                                                  0001.                                                   a Pathfinder program to encourage                     Department has reconsidered its past
                                                     • Hand Delivery: To U.S. Department                  research and innovation that will enable              practice of exercising discretion with
                                                  of Transportation, Dockets Operations,                  advanced UAS operations.                              respect to requiring UAS to be
                                                  M–30, Ground Floor, Room W12–140,                          A foundational statutory and                       registered, consistent with statutory
                                                  1200 New Jersey Avenue SE.,                             regulatory requirement that the                       requirements of 49 U.S.C. 44101–44103,
                                                  Washington, DC 20590–0001, between                      Department has employed for each of                   and has determined that registration of
                                                  9:00 a.m. and 5:00 p.m., Monday                         these integration programs is aircraft                all UAS is necessary to enforce personal
                                                  through Friday, except Federal holidays.                registration and marking. In order to                 accountability while operating an
                                                  Instructions: Include the agency name                   operate in the NAS, the Department                    aircraft in our skies.
                                                  and docket number FAA–2015–4378 for                     must ensure that operators are not only                  Federal law requires that a person
                                                  this document at the beginning of your                  aware of the system in which they are                 may only operate an aircraft when it is
                                                  comment. Note that all comments                         operating, but that we also have a means              registered with the FAA. 49 U.S.C.
                                                  received will be posted without change                  to identify and track the UAS to its                  44101(a).1 ‘‘Aircraft’’ is defined as ‘‘any
                                                  to http://www.regulations.gov including                 operator. One means to accomplish this                contrivance invented, used, or designed
                                                  any personal information provided. If                   is through aircraft registration and                  to navigate, or fly in, the air.’’ 2 49 U.S.C.
                                                  sent by mail, comments must be                          marking. To date, UAS operators that                  40102(a)(6). In 2012, Congress
                                                  submitted in duplicate. Persons wishing                 the Department has authorized have                    confirmed that UAS, including those
                                                                                                          been required to register their UAS                   used for recreation or hobby purposes,
                                                  to receive confirmation of receipt of
                                                                                                          through the FAA’s existing paper-based                are aircraft consistent with the statutory
                                                  their comments must include a self-
                                                                                                          registration process under 14 CFR part                definition set forth in 49 U.S.C.
                                                  addressed stamped postcard.
                                                                                                          47. As an exercise of discretion,                     40102(a)(6). See Public Law 112–95, sec.
                                                     Privacy Act: Anyone is able to search
                                                                                                          historically we have not required model               331(8), 336 (defining an unmanned
                                                  the electronic form of any written
                                                                                                          aircraft to be registered under this                  aircraft as ‘‘an aircraft that is that is
                                                  communications and comments
                                                                                                          system.                                               operated without the possibility of
                                                  received into any of our dockets by the                    UAS hold enormous promise for our
                                                  name of the individual submitting the                                                                         direct human intervention from within
                                                                                                          economy and for the aviation industry.                or on the aircraft,’’ and model aircraft as
                                                  document (or signing the document, if                   But for the industry to develop to its full
                                                  submitted on behalf of an association,                                                                        ‘‘an unmanned aircraft that is capable of
                                                                                                          potential, we have to ensure that it                  sustained flight in the atmosphere,
                                                  business, labor union, etc.). You may                   develops safely. Over the past several
                                                  review DOT’s complete Privacy Act                                                                             flown within visual line of sight of the
                                                                                                          months, we have received increasing                   person operating the aircraft, and flown
                                                  Statement at http://www.dot.gov/                        reports of unauthorized and unsafe use
                                                  privacy.                                                                                                      for hobby or recreational purposes’’); see
                                                                                                          of small UAS. Pilot reports of UAS                    also Administrator v. Pirker, NTSB
                                                     Docket: You may view the public                      sightings in 2015 are double the rate of
                                                  docket through the Internet at http://                                                                        Order No. EA–5730, at 12 (Nov. 17,
                                                                                                          2014. Pilots have reported seeing drones              2014) (affirming that the statutory
                                                  www.regulations.gov or in person at the                 at altitudes up to 10,000 feet, or as close
                                                  Docket Operations office at the above                                                                         definition of aircraft is clear and
                                                                                                          as half-a-mile from the approach end of               unambiguous and ‘‘includes any air
                                                  address (See ADDRESSES).                                a runway. In recent weeks, the presence
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                aircraft, manned or unmanned, large or
                                                                                                          of multiple UAS in the vicinity of wild
                                                  Questions regarding this document may                                                                         small.’’). Because UAS, including model
                                                                                                          fires in the western part of the country
                                                  be directed to Earl Lawrence, Director,                                                                       aircraft, are aircraft, they are subject to
                                                                                                          prompted firefighters to ground their
                                                  FAA UAS Integration Office, 800                                                                               FAA regulation, including the statutory
                                                                                                          aircraft on several occasions. These UAS
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Independence Ave. SW., Washington                       operations are unsafe and illegal.                       1 The FAA is charged with registering and issuing
                                                  DC 20591; phone: (202) 267–6556;                        However, only a small percentage of                   a certificate of registration to the owner of an
                                                  email: UASRegistration@faa.gov.                         these incidents have resulted in                      aircraft that meets the requirements of 49 U.S.C.
                                                  SUPPLEMENTARY INFORMATION:                              enforcement actions against individuals               44102. See 49 U.S.C. 44102–03. These statutory
                                                                                                          for unsafe or unauthorized UAS                        requirements are augmented by regulations in part
                                                  Background                                              operation because identifying an
                                                                                                                                                                47 of title 14, Code of Federal Regulations.
                                                                                                                                                                   2 Similarly, FAA regulations define ‘‘aircraft’’ as
                                                    In the FAA Modernization and                          individual or entity responsible for the              ‘‘a device that is used or intended to be used for
                                                  Reform Act of 2012 (Pub. L. 112–95)                     dangerous operation of UAS is very                    flight in the air.’’ 14 CFR 1.1.



                                             VerDate Sep<11>2014   16:39 Oct 21, 2015   Jkt 238001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\22OCR1.SGM   22OCR1


                                                  63914            Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations

                                                  requirements regarding registration set                 on whether it is appropriate for the FAA              the UAS registration task force in
                                                  forth in 49 U.S.C. 44101(a), and further                to continue to exercise discretion with               developing its recommendations. The
                                                  prescribed in regulation at 14 CFR part                 respect to requiring registration of                  comment period will remain open after
                                                  47.                                                     certain UAS based on their weight and                 this period and the Department will
                                                     Historically, the FAA, through the                   performance capabilities. The task force              consider the comments received, in
                                                  exercise of its discretion, has not                     will meet and provide its                             addition to the UAS registration task
                                                  enforced the statutory requirements for                 recommendations to the Department by                  force’s recommendations, in developing
                                                  aircraft registration in 49 U.S.C. 44101                November 20, 2015. To facilitate the                  a stream-lined registration process for
                                                  for model aircraft. As evidenced by the                 task force’s work, we are requesting                  small UAS, including model aircraft.
                                                  recent reports of unsafe UAS operations,                information and data from the public in                 Issued in Washington, DC, on October 19,
                                                  the lack of awareness of operators                      the following areas:                                  2015.
                                                  regarding what must be done to operate                     1. What methods are available for
                                                                                                                                                                Anthony R. Foxx,
                                                  UAS safely in the NAS, and the lack of                  identifying individual products? Does
                                                  identification of UAS and their                         every UAS sold have an individual                     Secretary of Transportation.
                                                  operators pose significant challenges in                serial number? Is there another method                Michael P. Huerta,
                                                  ensuring accountability for responsible                 for identifying individual products sold              Administrator of the Federal Aviation
                                                  use. Without increased awareness and                    without serial numbers or those built                 Administration.
                                                  knowledge of the statutory and                          from kits?                                            [FR Doc. 2015–26874 Filed 10–20–15; 11:15 am]
                                                  regulatory requirements for safe                           2. At what point should registration               BILLING CODE 4910–9X–P
                                                  operation, the risk of unsafe UAS                       occur (e.g. point-of-sale or prior-to-
                                                  operations will only rise. Aircraft                     operation)? How should transfers of
                                                  identification and marking will assist                  ownership be addressed in registration?
                                                                                                             3. If registration occurs at point-of-             DEPARTMENT OF COMMERCE
                                                  the Department in identifying owners of
                                                  UAS that are operated in an unsafe                      sale, who should be responsible for                   National Oceanic and Atmospheric
                                                  manner, so we may continue to educate                   submission of the data? What burdens                  Administration
                                                  these users, and when appropriate, take                 would be placed on vendors of UAS if
                                                  enforcement action.                                     DOT required registration to occur at                 15 CFR Part 950
                                                     Requiring registration of all UAS,                   point-of-sale? What are the advantages
                                                  including those operated for hobby or                   of a point-of-sale approach relative to a             [Docket No: 150202106–5879–02]
                                                  recreation, embraces and applies the                    prior-to-operation approach?
                                                  Academy of Model Aeronautics’                              4. Consistent with past practice of                RIN 0648–BE86
                                                  (AMA)’s policy of identification to UAS                 discretion, should certain UAS be
                                                  operators who may not be modelers                       excluded from registration based on                   Schedule of Fees for Access to NOAA
                                                  registered with the AMA. Additionally,                  performance capabilities or other                     Environmental Data, Information, and
                                                  it would ensure consistency with other                  characteristics that could be associated              Related Products and Services
                                                  UAS operations currently required to be                 with safety risk, such as weight, speed,
                                                  registered, such as public aircraft, those                                                                    AGENCY:   National Environmental
                                                                                                          altitude operating limitations, duration
                                                  operated under exemptions, and                                                                                Satellite, Data and Information Service
                                                                                                          of flight? If so, please submit
                                                  certificated aircraft, as well as those                                                                       (NESDIS), National Oceanic and
                                                                                                          information or data to help support the
                                                  operations contemplated in the small                                                                          Atmospheric Administration (NOAA),
                                                                                                          suggestions, and whether any other
                                                  UAS NPRM.                                                                                                     Department of Commerce.
                                                                                                          criteria should be considered.
                                                     Based on the Department’s experience                    5. How should a registration process               ACTION: Final rule.
                                                  in registering small UAS authorized by                  be designed to minimize burdens and
                                                  exemptions granted under the authority                                                                        SUMMARY:   In this final rule, NESDIS
                                                                                                          best protect innovation and encourage
                                                  of section 333 of the FAA                                                                                     establishes a new schedule of fees for
                                                                                                          growth in the UAS industry?
                                                  Modernization and Reform Act of 2012,                      6. Should the registration be                      the sale of its data, information, and
                                                  and the comments received on the                        electronic or web-based? Are there                    related products and services to users.
                                                  proposed registration requirements in                   existing tools that could support an                  NESDIS is revising the fee schedule that
                                                  the small UAS NPRM, it is apparent that                 electronic registration process?                      has been in effect since 2013 to ensure
                                                  the current paper-based system for                         7. What type of information should be              that the fees accurately reflect the costs
                                                  aircraft registration is too burdensome                 collected during the registration process             of providing access to the
                                                  for small UAS, to include model                         to positively identify the aircraft owner             environmental data, information, and
                                                  aircraft. To facilitate compliance with                 and aircraft?                                         related products and services. NESDIS
                                                  the statutory obligation for registration,                 8. How should the registration data be             is authorized under 15 U.S.C. 1534 to
                                                  the DOT is currently evaluating options                 stored? Who should have access to the                 assess fees, up to fair market value, for
                                                  for a streamlined, electronic-based                     registration data? How should the data                access to environmental data,
                                                  registration system for small UAS. The                  be used?                                              information, and products derived from,
                                                  Department has convened a UAS                              9. Should a registration fee be                    collected, and/or archived by NOAA.
                                                  registration task force, under the FAA’s                collected and if so, how will the                     Other than depreciation, costs to
                                                  authority in 49 U.S.C. 106(p)(5) to                     registration fee be collected if                      upgrade computer hardware and
                                                  designate aviation rulemaking                           registration occurs at point-of-sale? Are             software systems will not be included in
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  committees. This task force will provide                there payment services that can be                    the fees charged to users. NESDIS is
                                                  recommendations on the type of                          leveraged to assist (e.g. PayPal)?                    updating its schedule of fees for access
                                                  registration platform needed to                            10. Are there additional means                     to NOAA Environmental Data,
                                                  accommodate small UAS, as well as the                   beyond aircraft registration to encourage             Information, and Related Products and
                                                  information that will need to be                        accountability and responsible use of                 Services as costs of providing access
                                                  provided to register these aircraft. The                UAS?                                                  have changed since 2013.
                                                  UAS registration task force also will                   Comments received by November 6,                      DATES: Effective date: November 23,
                                                  explore and provide recommendations                     2015 would be most helpful in assisting               2015.


                                             VerDate Sep<11>2014   16:39 Oct 21, 2015   Jkt 238001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\22OCR1.SGM   22OCR1



Document Created: 2015-12-14 15:34:06
Document Modified: 2015-12-14 15:34:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionClarification and request for information.
DatesThis clarification goes into effect October 22, 2015. To assist the task force in developing its recommendations, the Department requests that comments in response to the request for information be submitted to docket FAA-2015-4378 at www.regulations.gov, by November 6, 2015.
ContactQuestions regarding this document may be directed to Earl Lawrence, Director, FAA UAS Integration Office, 800 Independence Ave. SW., Washington DC 20591; phone: (202) 267-6556; email: [email protected]
FR Citation80 FR 63912 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR