83_FR_19105 83 FR 19021 - Airworthiness Criteria: Special Class Airworthiness Criteria for the Yamaha Fazer R

83 FR 19021 - Airworthiness Criteria: Special Class Airworthiness Criteria for the Yamaha Fazer R

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range19021-19024
FR Document2018-09102

The FAA announces the availability of and requests comments on proposed airworthiness criteria for an unmanned aircraft system, Yamaha Motor Corporation, U.S.A., model Fazer R. This document proposes policy for a special class of aircraft, to designate airworthiness criteria found by the FAA to provide an equivalent level of safety, for this proposed design, to existing standards.

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018)
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Proposed Rules]
[Pages 19021-19024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09102]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2018-0379]


Airworthiness Criteria: Special Class Airworthiness Criteria for 
the Yamaha Fazer R

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed airworthiness criteria.

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

SUMMARY: The FAA announces the availability of and requests comments on 
proposed airworthiness criteria for an unmanned aircraft system, Yamaha 
Motor Corporation, U.S.A., model Fazer R. This document proposes policy 
for a special class of aircraft, to designate airworthiness criteria 
found by the FAA to provide an equivalent level of safety, for this 
proposed design, to existing standards.

DATES: Send comments on or before May 31, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0379 
using any of the following methods:
    [ssquf] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [ssquf] Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room 
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
    [ssquf] Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

[[Page 19022]]

    [ssquf] Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket 
website, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Quentin Coon, AIR-692, Federal 
Aviation Administration, Policy & Innovation Division, Small Airplane 
Standards Branch, Aircraft Certification Service, 901 Locust, Room 301, 
Kansas City, MO 64106, telephone (816) 329-4168, facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in the development of 
these airworthiness criteria by sending written comments, data, or 
views. The most helpful comments reference a specific portion of the 
airworthiness criteria, explain the reason for any recommended change, 
and include supporting data. We ask that you send us two copies of 
written comments.
    We will consider all comments received on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these airworthiness criteria based on received comments.

Background

    Yamaha Motor Corporation, U.S.A. (Yamaha) applied to the FAA on 
April 28, 2017 for special class type certification under Title 14, 
Code of Federal Regulations (14 CFR) 21.17(b) for the Fazer R Unmanned 
Aircraft System (UAS). The Fazer R UAS (Fazer R) consists of the 
Unmanned Aircraft (UA), flight transmitter ground control station, and 
payload spray system. The Fazer R is a vertical take-off UAS that is of 
the traditional main/tail rotor helicopter design. Its intended primary 
use is conducting crop-spraying operations in the agricultural 
industry.
    The aircraft and payload spray system would weigh approximately 244 
lbs with full fuel and oil tanks, and be able to carry a payload of 
approximately 105 lbs. The main rotor is just over nine feet in 
diameter, and the aircraft would be just over three feet high and 12 
feet long with a carbon frame. The aircraft would be powered by a fuel-
injected 2-cylinder engine running on regular gasoline. The aircraft 
would have a ``Turn Assistance'' function that enables automatic 
turning to facilitate back-and-forth agricultural operations.
    The proposed policy was developed in order to establish 
performance-based airworthiness criteria appropriate for the Yamaha 
Fazer R.

Discussion

    The FAA establishes airworthiness criteria to ensure the safe 
operation of aircraft in accordance with 49 U.S.C. 44701(a) and 44704. 
The applicant has proposed a design with constraints upon its 
operations and an unusual design characteristic: The pilot is remotely 
located. The FAA proposes that existing airworthiness criteria, 
including Title 14 Code of Federal Regulations (14 CFR) parts 23 and 
27, do not provide criteria appropriate to the proposed design.
    The FAA proposes this aircraft is a ``special class'' under 14 CFR 
21.17(b), and proposes that the following airworthiness criteria are 
appropriate for this aircraft and would provide an equivalent level of 
safety to existing airworthiness standards. These proposed 
airworthiness criteria differ from those in 14 CFR parts 23 and 27 due 
to the aircraft's design, which includes various constraints upon the 
aircraft's operation. These constraints include its relatively small 
size, lack of humans on board, and operations that would be limited to 
remote locations, low altitude, and visual range of a trained flight 
crew.
    The FAA has reviewed the proposed design and assessed the potential 
risk to the National Aerospace System (NAS). The FAA took into 
consideration the size of the proposed aircraft, its maximum airspeed 
and altitude, and operational limitations such as where it would 
operate and whether it would operate out of sight of its operators. 
These factors allowed the FAA to estimate the kinetic energy of the 
proposed design when in operation, and the potential risk the aircraft 
could pose to other aircraft and people and property nearby. Using 
these types of parameters, the FAA developed airworthiness criteria 
appropriate for that risk to ensure the aircraft remains reliable, 
controllable, safe, and airworthy.
    The particular airworthiness criteria proposed by this notice were 
selected for the following reasons:
    UAS Concept of Operations: To assist the FAA in identifying and 
analyzing the risks and impacts associated with integrating the Fazer R 
proposed design into the NAS, the applicant would be required to submit 
a Concept of Operations (CONOPS). The CONOPS identifies the applicant's 
proposed operational concepts for this aircraft and would contain a 
description of the UAS and its operation.
    UAS Means of Compliance: To address the risks associated with 
inadequate or incomplete showings of compliance to the performance-
based criteria described in this notice, the proposed airworthiness 
criteria include a requirement that the applicant only utilize a means 
of compliance accepted by the FAA, in accordance with FAA Advisory 
Circular 23.2010-1.
    UAS Operational Envelope and Limitations: In order to ensure the 
UAS is operated only in accordance with its type design, the applicant 
must define the operational envelope and proposed operational 
limitations. The applicant would be required to show that the UAS can 
be operated safely and reliably within the operational envelope and 
limitations, mitigating the hazards that could result from an 
unconstrained operating envelope.
    UAS Instructions for Continued Airworthiness (ICA): To address the 
risks associated with degradation of the aircraft caused by age and 
use, and to ensure that the UAS can be maintained for safe operation, 
the applicant would be required to prepare Instructions for Continued 
Airworthiness for the UAS that are accepted by the FAA, in accordance 
with FAA Order 8110.54A. The proposed criteria are derived from 14 CFR 
parts 23 and 27, and past FAA practices, but are tailored for this 
proposed design.
    UAS Flight Manual: To address the risks associated with improper 
operation of the UAS, such as flight above the approved operating 
altitude, at weights above maximum takeoff weight, and at speeds 
greater than the maximum allowed speed, the applicant would be required 
to provide a flight manual. The manual would be used to ensure that the 
flight crew operates the aircraft only within the proposed operational 
envelope and limitations.

[[Page 19023]]

    UAS Flight Testing: To address the risks associated with inadequate 
design and integration, the applicant would be required to conduct 
flight testing to demonstrate adequate structure, system reliability, 
and proper function.
    UAS Critical Parts: To ensure the continued airworthiness of the 
aircraft and address the risks of castrophic failure, which is a 
failure that causes a fatal injury or results in destruction of the 
UAS, the applicant would be required to identify those parts that could 
cause a catastrophic event upon failure. Those parts must be properly 
maintained to prevent a catastrophic failure.
    UAS Controls: To address the risks associated with loss of control 
of the UAS caused by the failure or improper use of UAS controls, the 
applicant would be required to design controls that are adequate to 
safely and reliably control the UAS.
    UAS Flight Termination System: To address the risks associated with 
uncontrolled flight and inadvertent or unsafe operation, the applicant 
would be required to provide a means to quickly and safely terminate 
the UAS flight.
    UAS Engine and Engine Control System: To address the risks 
associated with failure or loss of control of the powerplant, the 
applicant would be required to design the engine and engine controls so 
that they are durable and reliable.
    UAS Powerplant Installation: To address the risks associated with 
failure of the powerplant installation that includes each component 
necessary for propulsion or that affects propulsion safety, the 
applicant would be required to design the powerplant installation to 
ensure its continued safe operation.
    UAS Systems and Equipment: To address the risks associated with the 
failure or malfunction of electric and mechanical systems and 
equipment, the applicant would be required to design and install the 
systems and equipment to perform safely and reliably their intended 
function when considered separately and in relation to other systems.
    UAS Communication: To address the risks associated with loss of 
communication between the flight crew members and between the flight 
crew and the UA, the applicant would be required to provide an FAA 
approved means that allows for all communication necessary to safely 
operate the UA.
    UAS Interference from External Sources: To address the risks 
associated with cyber threats and system failures or malfunctions, the 
applicant would be required to design the UAS' electronic systems and 
networks to protect against and minimize the effects of intentional and 
unintentional external interference.
    UAS Interference with Other Aircraft or Obstacles: To address the 
risks associated with collisions with obstacles and other aircraft, the 
applicant would be required to use an FAA accepted means of compliance 
showing how the UAS will remain well clear of obstacles and other 
aircraft so as to avoid the risk of collision.

Operational Considerations

    The following operational considerations were derived from the 
applicant's CONOPS, which helped drive the development of these 
proposed airworthiness criteria. The aircraft would:
    1. Be primarily used for agricultural use to include spraying, 
sensing, and imaging.
    2. Operate in remote or sparsely populated areas.
    3. Not operate over people and occupied vehicles on roads and 
highways.
    4. Operate at 400 feet above ground level (AGL) or lower.
    5. Operate at a maximum altitude of 6,500 feet above mean sea level 
(MSL).
    6. Be operated within Visual Line of Sight (VLOS) as defined in 14 
CFR part 107.31, Visual line-of-sight aircraft operation.
    7. Be operated by a minimum flight crew consisting of one pilot-in-
command (PIC) and one visual observer.
    8. Be operated by a flight crew that is appropriately qualified and 
trained.
    9. Be operated by a minimum flight crew that would operate only one 
UAS at any time.
    10. Be operated by a flight crew that has successfully completed 
required flight crew training.
    11. Be maintained by persons who hold required FAA maintenance 
certificates or work according to an FAA approved maintenance program.
    12. Be maintained by persons who have completed required 
maintenance training.
    13. Be equipped with caution and alerting annunciation that is 
visible to the PIC and visual observer during flight.
    14. Remain within Radio Line-of-Sight (RLOS) of the control 
station. RLOS is the straight and unobstructed path between the 
transmitting and receiving antennas.
    15. Electronically communicate between the UA and the ground 
control station only within frequencies approved by the Federal 
Communications Commission (FCC).
    16. Operate in Class G airspace unless specifically authorized by 
the FAA.
    17. Operate subject to minimum setback distances that define how 
far people must be from the UA, the control station, and the operating 
zone when the UA is operating.
    18. Operate within specific meteorological conditions that define 
permissible wind speeds, turbulence, visibility, outside air 
temperature, or other parameters as identified. The UAS would not 
operate in icing conditions, in accordance with 14 CFR 91.527.
    19. Operate in day Visual Meteorological Conditions (VMC).

    Note: A change to the CONOPS may require a change to the 
airworthiness criteria.

Proposed Airworthiness Criteria

    The FAA proposes to establish, as a matter of policy, the following 
airworthiness criteria for type certification of the Yamaha Fazer R. 
The FAA proposes that compliance with the following would appropriately 
mitigate the risks associated with the proposed design and Concept of 
Operations (CONOPS) and would provide an equivalent level of safety to 
existing rules:
    UAS Concept of Operations: The applicant must define and submit to 
the FAA a (CONOPS) proposal describing the intended UAS operation in 
the National Airspace System (NAS).
    UAS Accepted Means of Compliance:
    1. An applicant must comply with these airworthiness criteria using 
a means of compliance, which may include consensus standards, accepted 
by the FAA.
    2. An applicant requesting acceptance of a means of compliance must 
provide the means of compliance to the FAA in a form and manner 
acceptable to the FAA.
    UAS Operational Envelope and Limitations: The operational envelope 
and operational limitations must be defined:
    1. The UAS must be shown to perform as intended within the defined 
operational envelope and operational limitations.
    2. The UAS must be consistently and predictably controllable and 
maneuverable within the operating envelope, including:
    (a) At all loading conditions for which certification is requested;
    (b) During all phases of flight; and
    (c) During configuration changes.
    UAS Instructions for Continued Airworthiness: The applicant must 
prepare Instructions for Continued Airworthiness (ICA) for the UAS that 
are acceptable to the FAA. The ICA may

[[Page 19024]]

be incomplete at type certification if a program exists to ensure their 
completion prior to delivery of the first UAS or issuance of a standard 
certificate of airworthiness, whichever occurs later.
    The ICA must contain a section titled Airworthiness Limitations 
that is segregated and clearly distinguishable from the rest of the 
document. This section must set forth each mandatory replacement time, 
structural inspection interval, and related structural inspection 
procedure required for type certification. If the ICA consist of 
multiple documents, the section required by this paragraph must be 
included in the principal manual. This section must contain a legible 
statement in a prominent location that reads ``The Airworthiness 
Limitations section is FAA approved and specifies maintenance conducted 
under Sec. Sec.  43.16 and 91.403 of Title 14 of the Code of Federal 
Regulations unless an alternative program has been FAA approved.''
    UAS Flight Manual: The applicant must provide a UAS Flight Manual 
with each UAS. The UAS Flight Manual must contain the following 
information--
    (a) UAS operating limitations;
    (b) UAS normal and emergency operating procedures;
    (c) Performance information;
    (d) Loading information; and
    (e) Other information that is necessary for safe operation because 
of design, operating, or handling characteristics.
    UAS Flight Testing: The UAS must successfully complete at least 150 
hours of flight testing to determine whether there is reasonable 
assurance that the UAS, its components, its equipment, and structures 
are adequate, reliable, and function properly. The testing must consist 
of:
    1. At least 50 hours with the Unmanned Aircraft (UA) at 5 percent 
over maximum weight at critical weight, altitude, and temperature; and
    2. At least 100 hours in normal operations.
    UAS Critical Parts: A critical part is a part, the failure of which 
could have a catastrophic effect upon the UAS. If the type design 
includes critical parts, a critical parts list must be established.
    The applicant must develop and define inspections or other 
procedures to prevent failures due to degradation of critical parts. 
Each of these inspections or procedures must be included in the 
Airworthiness Limitations Section of the ICA.
    UAS Controls:
    1. Flight Controls: The applicant must design the flight control 
systems and control station to:
    (a) Operate easily, smoothly, and positively enough to allow proper 
performance of their functions, and
    (b) Protect against likely hazards.
    2. Flight Crew Interface: The control station must be designed to 
allow the flight crew to perform their duties and to perform any 
maneuvers within the operating envelope of the UAS, without excessive 
concentration, skill, alertness, or fatigue considering the intended 
operating conditions for the control station.
    3. Equipment: The applicant must define and install necessary 
equipment so the flight crew can monitor and perform defined tasks 
associated with the intended functions of the systems and equipment.
    4. Flight Crew Error: The UAS must be designed to minimize flight 
crew errors which could result in additional hazards.
    UAS Flight Termination System:
    1. There must be a means for the flight crew to quickly and safely 
terminate the UA flight.
    2. The UAS must have a means to safely terminate the UA flight when 
safe operation cannot continue or be maintained.
    3. There must be means to prevent inadvertent operation of the 
flight termination system.
    UAS Engine and Engine Control System:
    1. The UAS Engine and Engine Control System includes each component 
necessary for propulsion or which affects propulsion safety.
    2. The UAS Engine and Engine Control System installation must be 
designed, constructed, installed, and maintained to ensure its 
continued safe operation within the operational envelope between normal 
inspections and overhauls.
    3. The UAS Engine Control System including any Engine Control Unit 
(ECU) software or electronic hardware must be designed and developed 
using methods accepted by the FAA.
    4. The applicant must identify the UAS Engine and Engine Control 
System failure modes and effects that may result in a catastrophic 
condition to the UAS. The applicant must mitigate each hazard to a 
level acceptable to the FAA.
    5. The UAS Engine and Engine Control System operability, durability 
and reliability must be demonstrated.
    UAS Powerplant Installation:
    1. The powerplant installation includes each part of the UAS (other 
than the main and auxiliary rotor structures) that--
    (a) Is necessary for propulsion;
    (b) Affects the control of the major propulsive units; or
    (c) Affects the safety of the major propulsive units between normal 
inspections or overhauls.
    2. Each component of the powerplant installation must be 
constructed, arranged, and installed to ensure its continued safe 
operation between normal inspections or overhauls for the range of 
temperature and altitude for which approval is requested.
    UAS Systems and Equipment: This requirement applies to the UAS 
unless another requirement has been imposed for a specific piece of 
equipment, system, or systems. The UAS systems and equipment, including 
any software or electronic hardware, must be designed and developed 
using methods accepted by the FAA.
    1. The systems and equipment required for a UAS to operate safely 
in the kinds of operations for which certification is requested must be 
designed and installed to perform their intended function throughout 
the operating and environmental limits for which the UAS is 
certificated.
    2. All systems and equipment not covered by paragraph 1 of this 
section, considered separately and in relation to other systems, must 
be designed and installed so their operation or failure, does not have 
an adverse effect on the UAS.
    UAS Communication:
    1. The applicant must define the type, methods, and operational 
limits of communication, including the mitigation of any hazard created 
by any loss of communication between the flight crew and between the 
flight crew and the UAS.
    2. A means must be provided to allow for all communication 
necessary to safely operate the UA.
    UAS Interference from External Sources: The design must minimize 
the risks associated with interference to UAS electronic systems and 
networks from external sources.
    UAS Interference with Other Aircraft or Obstacles: The UAS must 
have a means to remain well clear of obstacles and other aircraft for 
its intended operation and airspace to avoid the risk of collision.

    Note: The FAA may propose amending this airworthiness criteria, 
or propose additional operational criteria, prior to approval of the 
type design.


    Issued in Kansas City, Missouri, on April 23, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification 
Service.
[FR Doc. 2018-09102 Filed 4-30-18; 8:45 am]
BILLING CODE 4910-13-P



                                                                          Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules                                                 19021

                                               exemptions are needed to protect                        following provisions of the Privacy Act: 5            noted above, and therefore DHS is not
                                               information relating to DHS activities                  U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),            required to establish requirements, rules, or
                                               from disclosure to subjects or others                   (e)(4)(H), (e)(4)(I); and (f). When a record          procedures with respect to such access.
                                                                                                       received from another system has been                 Providing notice to individuals with respect
                                               related to these activities. Specifically,
                                                                                                       exempted in that source system under 5                to existence of records pertaining to them in
                                               the exemptions are required to avoid                    U.S.C. 552a(j)(2), DHS will claim the same            the system of records or otherwise setting up
                                               disclosure of screening techniques; to                  exemptions for those records that are claimed         procedures pursuant to which individuals
                                               protect the identities and physical safety              for the original primary systems of records           may access and view records pertaining to
                                               of confidential informants and law                      from which they originated and claims any             themselves in the system would undermine
                                               enforcement personnel; to ensure DHS’s                  additional exemptions set forth here.                 investigative efforts and reveal the identities
                                               ability to obtain information from third                   Exemptions from these particular                   of witnesses, and potential witnesses, and
                                               parties and other sources; to protect the               subsections are justified, on a case-by-case          confidential informants.
                                                                                                       basis to be determined at the time a request
                                               privacy of third parties; and to safeguard                                                                    Philip S. Kaplan,
                                                                                                       is made, for the following reasons:
                                               classified information. Disclosure of                      (a) From subsection (c)(3) (Accounting for         Chief Privacy Officer, Department of
                                               information to the subject of the inquiry               Disclosures) because release of the                   Homeland Security.
                                               could also permit the subject to avoid                  accounting of disclosures could alert the             [FR Doc. 2018–09195 Filed 4–30–18; 8:45 am]
                                               detection or apprehension.                              subject of an investigation of an actual or
                                                                                                                                                             BILLING CODE 9110–9B–P
                                                  In appropriate circumstances, when                   potential criminal, civil, or regulatory
                                               compliance would not appear to                          violation to the existence of that investigation
                                               interfere with or adversely affect the law              and reveal investigative interest on the part
                                               enforcement purposes of this system                     of DHS as well as the recipient agency.               DEPARTMENT OF TRANSPORTATION
                                                                                                       Disclosure of the accounting would therefore
                                               and the overall law enforcement
                                                                                                       present a serious impediment to law                   Federal Aviation Administration
                                               process, the applicable exemptions may                  enforcement efforts and efforts to preserve
                                               be waived on a case by case basis.                      national security. Disclosure of the
                                                  A notice of system of records for DHS/                                                                     14 CFR Part 21
                                                                                                       accounting would also permit the individual
                                               ALL–039 Foreign Access Management                       who is the subject of a record to impede the          [Docket No. FAA–2018–0379]
                                               System of Records is also published in                  investigation, to tamper with witnesses or
                                               this issue of the Federal Register.                     evidence, and to avoid detection or                   Airworthiness Criteria: Special Class
                                                                                                       apprehension, which would undermine the               Airworthiness Criteria for the Yamaha
                                               List of Subjects in 6 CFR Part 5                        entire investigative process. When an
                                                                                                       investigation has been completed,
                                                                                                                                                             Fazer R
                                                 Freedom of information, Privacy.
                                                 For the reasons stated in the                         information on disclosures made may                   AGENCY: Federal Aviation
                                                                                                       continue to be exempted if the fact that an           Administration (FAA), DOT.
                                               preamble, DHS proposes to amend                         investigation occurred remains sensitive after
                                               chapter I of title 6, Code of Federal                   completion.                                           ACTION: Notice of proposed
                                               Regulations, as follows:                                   (b) From subsection (d) (Access and                airworthiness criteria.
                                                                                                       Amendment to Records) because access to
                                               PART 5—DISCLOSURE OF RECORDS                            the records contained in this system of               SUMMARY:   The FAA announces the
                                               AND INFORMATION                                         records could inform the subject of an                availability of and requests comments
                                                                                                       investigation of an actual or potential               on proposed airworthiness criteria for
                                               ■ 1. Revise the authority citation for Part             criminal, civil, or regulatory violation to the       an unmanned aircraft system, Yamaha
                                               5 to read as follows:                                   existence of that investigation and reveal            Motor Corporation, U.S.A., model Fazer
                                                 Authority: 6 U.S.C. 101 et seq.; Pub. L.              investigative interest on the part of DHS or          R. This document proposes policy for a
                                               107–296, 116 Stat. 2135; 5 U.S.C. 301.                  another agency. Access to the records could
                                                                                                                                                             special class of aircraft, to designate
                                                                                                       permit the individual who is the subject of
                                               ■ 2. Amend appendix C to part 5 by                      a record to impede the investigation, to              airworthiness criteria found by the FAA
                                               adding paragraph 78:                                    tamper with witnesses or evidence, and to             to provide an equivalent level of safety,
                                                                                                       avoid detection or apprehension.                      for this proposed design, to existing
                                               Appendix C to Part 5—DHS Systems of
                                                                                                       Amendment of the records could interfere              standards.
                                               Records Exempt From the Privacy Act
                                                                                                       with ongoing investigations and law
                                                                                                                                                             DATES: Send comments on or before
                                               *      *     *       *      *                           enforcement activities and would impose an
                                                  78. The DHS/ALL–039 Foreign Access                   unreasonable administrative burden by                 May 31, 2018.
                                               Management System of Records consists of                requiring investigations to be continually            ADDRESSES: Send comments identified
                                               electronic and paper records and will be used           reinvestigated. In addition, permitting access        by docket number FAA–2018–0379
                                               by DHS and its components. The DHS/ALL–                 and amendment to such information could               using any of the following methods:
                                               039 Foreign Access Management System of                 disclose security-sensitive information that            D Federal eRegulations Portal: Go to
                                               Records is a repository of information held             could be detrimental to homeland security.            http://www.regulations.gov and follow
                                               by DHS in connection with its several and                  (c) From subsection (e)(1) (Relevancy and
                                                                                                                                                             the online instructions for sending your
                                               varied missions and functions, including, but           Necessity of Information) because in the
                                               not limited to the enforcement of civil and             course of investigations into potential               comments electronically.
                                               criminal laws; investigations, inquiries, and           violations of federal law, the accuracy of              D Mail: Send comments to Docket
                                               proceedings there under; and national                   information obtained or introduced                    Operations, M–30, U.S. Department of
                                               security and intelligence activities. The DHS/          occasionally may be unclear, or the                   Transportation (DOT), 1200 New Jersey
                                               ALL–039 Foreign Access Management                       information may not be strictly relevant or           Avenue SE, Room W12–140, West
                                               System of Records contains information that             necessary to a specific investigation. In the         Building Ground Floor, Washington, DC
                                               is collected by, on behalf of, in support of,           interests of effective law enforcement, it is
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                                                                             20590–0001.
                                               or in cooperation with DHS and its                      appropriate to retain all information that may          D Hand Delivery of Courier: Take
                                               components and may contain personally                   aid in establishing patterns of unlawful
                                                                                                                                                             comments to Docket Operations in
                                               identifiable information collected by other             activity.
                                               federal, state, local, tribal, foreign, or                 (d) From subsections (e)(4)(G), (e)(4)(H),         Room W12–140 of the West Building
                                               international government agencies.                      and (e)(4)(I) (Agency Requirements) and (f)           Ground Floor at 1200 New Jersey
                                                  The Secretary of Homeland Security,                  (Agency Rules), because portions of this              Avenue SE, Washington, DC, between 9
                                               pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and            system are exempt from the individual access          a.m. and 5 p.m., Monday through
                                               (k)(5), has exempted this system from the               provisions of subsection (d) for the reasons          Friday, except Federal holidays.


                                          VerDate Sep<11>2014   16:26 Apr 30, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\01MYP1.SGM   01MYP1


                                               19022                      Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules

                                                 D Fax: Fax comments to Docket                         station, and payload spray system. The                to other aircraft and people and
                                               Operations at 202–493–2251.                             Fazer R is a vertical take-off UAS that               property nearby. Using these types of
                                                 Privacy: The FAA will post all                        is of the traditional main/tail rotor                 parameters, the FAA developed
                                               comments it receives, without change,                   helicopter design. Its intended primary               airworthiness criteria appropriate for
                                               to http://regulations.gov, including any                use is conducting crop-spraying                       that risk to ensure the aircraft remains
                                               personal information the commenter                      operations in the agricultural industry.              reliable, controllable, safe, and
                                               provides. Using the search function of                     The aircraft and payload spray system              airworthy.
                                               the docket website, anyone can find and                 would weigh approximately 244 lbs                        The particular airworthiness criteria
                                               read the electronic form of all comments                with full fuel and oil tanks, and be able             proposed by this notice were selected
                                               received into any FAA docket,                           to carry a payload of approximately 105               for the following reasons:
                                               including the name of the individual                    lbs. The main rotor is just over nine feet               UAS Concept of Operations: To assist
                                               sending the comment (or signing the                     in diameter, and the aircraft would be                the FAA in identifying and analyzing
                                               comment for an association, business,                   just over three feet high and 12 feet long            the risks and impacts associated with
                                               labor union, etc.). DOT’s complete                      with a carbon frame. The aircraft would               integrating the Fazer R proposed design
                                               Privacy Act Statement can be found in                   be powered by a fuel-injected 2-cylinder              into the NAS, the applicant would be
                                               the Federal Register published on April                 engine running on regular gasoline. The               required to submit a Concept of
                                               11, 2000 (65 FR 19477–19478), as well                   aircraft would have a ‘‘Turn Assistance’’             Operations (CONOPS). The CONOPS
                                               as at http://DocketsInfo.dot.gov.                       function that enables automatic turning               identifies the applicant’s proposed
                                                 Docket: Background documents or                       to facilitate back-and-forth agricultural             operational concepts for this aircraft and
                                               comments received may be read at                        operations.                                           would contain a description of the UAS
                                               http://www.regulations.gov at any time.                    The proposed policy was developed                  and its operation.
                                               Follow the online instructions for                      in order to establish performance-based                  UAS Means of Compliance: To
                                               accessing the docket or go to the Docket                airworthiness criteria appropriate for                address the risks associated with
                                               Operations in Room W12–140 of the                       the Yamaha Fazer R.                                   inadequate or incomplete showings of
                                                                                                                                                             compliance to the performance-based
                                               West Building Ground Floor at 1200                      Discussion                                            criteria described in this notice, the
                                               New Jersey Avenue SE, Washington,                          The FAA establishes airworthiness                  proposed airworthiness criteria include
                                               DC, between 9 a.m. and 5 p.m., Monday                   criteria to ensure the safe operation of              a requirement that the applicant only
                                               through Friday, except Federal holidays.                aircraft in accordance with 49 U.S.C.                 utilize a means of compliance accepted
                                               FOR FURTHER INFORMATION CONTACT: Mr.                    44701(a) and 44704. The applicant has                 by the FAA, in accordance with FAA
                                               Quentin Coon, AIR–692, Federal                          proposed a design with constraints                    Advisory Circular 23.2010–1.
                                               Aviation Administration, Policy &                       upon its operations and an unusual                       UAS Operational Envelope and
                                               Innovation Division, Small Airplane                     design characteristic: The pilot is                   Limitations: In order to ensure the UAS
                                               Standards Branch, Aircraft Certification                remotely located. The FAA proposes                    is operated only in accordance with its
                                               Service, 901 Locust, Room 301, Kansas                   that existing airworthiness criteria,                 type design, the applicant must define
                                               City, MO 64106, telephone (816) 329–                    including Title 14 Code of Federal                    the operational envelope and proposed
                                               4168, facsimile (816) 329–4090.                         Regulations (14 CFR) parts 23 and 27,                 operational limitations. The applicant
                                               SUPPLEMENTARY INFORMATION:                              do not provide criteria appropriate to                would be required to show that the UAS
                                                                                                       the proposed design.                                  can be operated safely and reliably
                                               Comments Invited                                           The FAA proposes this aircraft is a                within the operational envelope and
                                                 We invite interested people to take                   ‘‘special class’’ under 14 CFR 21.17(b),              limitations, mitigating the hazards that
                                               part in the development of these                        and proposes that the following                       could result from an unconstrained
                                               airworthiness criteria by sending                       airworthiness criteria are appropriate for            operating envelope.
                                               written comments, data, or views. The                   this aircraft and would provide an                       UAS Instructions for Continued
                                               most helpful comments reference a                       equivalent level of safety to existing                Airworthiness (ICA): To address the
                                               specific portion of the airworthiness                   airworthiness standards. These                        risks associated with degradation of the
                                               criteria, explain the reason for any                    proposed airworthiness criteria differ                aircraft caused by age and use, and to
                                               recommended change, and include                         from those in 14 CFR parts 23 and 27                  ensure that the UAS can be maintained
                                               supporting data. We ask that you send                   due to the aircraft’s design, which                   for safe operation, the applicant would
                                               us two copies of written comments.                      includes various constraints upon the                 be required to prepare Instructions for
                                                 We will consider all comments                         aircraft’s operation. These constraints               Continued Airworthiness for the UAS
                                               received on or before the closing date                  include its relatively small size, lack of            that are accepted by the FAA, in
                                               for comments. We will consider                          humans on board, and operations that                  accordance with FAA Order 8110.54A.
                                               comments filed late if it is possible to                would be limited to remote locations,                 The proposed criteria are derived from
                                               do so without incurring expense or                      low altitude, and visual range of a                   14 CFR parts 23 and 27, and past FAA
                                               delay. We may change these                              trained flight crew.                                  practices, but are tailored for this
                                               airworthiness criteria based on received                   The FAA has reviewed the proposed                  proposed design.
                                               comments.                                               design and assessed the potential risk to                UAS Flight Manual: To address the
                                                                                                       the National Aerospace System (NAS).                  risks associated with improper
                                               Background                                              The FAA took into consideration the                   operation of the UAS, such as flight
                                                 Yamaha Motor Corporation, U.S.A.                      size of the proposed aircraft, its                    above the approved operating altitude,
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                                               (Yamaha) applied to the FAA on April                    maximum airspeed and altitude, and                    at weights above maximum takeoff
                                               28, 2017 for special class type                         operational limitations such as where it              weight, and at speeds greater than the
                                               certification under Title 14, Code of                   would operate and whether it would                    maximum allowed speed, the applicant
                                               Federal Regulations (14 CFR) 21.17(b)                   operate out of sight of its operators.                would be required to provide a flight
                                               for the Fazer R Unmanned Aircraft                       These factors allowed the FAA to                      manual. The manual would be used to
                                               System (UAS). The Fazer R UAS (Fazer                    estimate the kinetic energy of the                    ensure that the flight crew operates the
                                               R) consists of the Unmanned Aircraft                    proposed design when in operation, and                aircraft only within the proposed
                                               (UA), flight transmitter ground control                 the potential risk the aircraft could pose            operational envelope and limitations.


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                                                                          Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules                                               19023

                                                  UAS Flight Testing: To address the                   required to design the UAS’ electronic                  16. Operate in Class G airspace unless
                                               risks associated with inadequate design                 systems and networks to protect against               specifically authorized by the FAA.
                                               and integration, the applicant would be                 and minimize the effects of intentional                 17. Operate subject to minimum
                                               required to conduct flight testing to                   and unintentional external interference.              setback distances that define how far
                                               demonstrate adequate structure, system                    UAS Interference with Other Aircraft                people must be from the UA, the control
                                               reliability, and proper function.                       or Obstacles: To address the risks                    station, and the operating zone when
                                                  UAS Critical Parts: To ensure the                    associated with collisions with obstacles             the UA is operating.
                                               continued airworthiness of the aircraft                 and other aircraft, the applicant would                 18. Operate within specific
                                               and address the risks of castrophic                     be required to use an FAA accepted                    meteorological conditions that define
                                               failure, which is a failure that causes a               means of compliance showing how the                   permissible wind speeds, turbulence,
                                               fatal injury or results in destruction of               UAS will remain well clear of obstacles               visibility, outside air temperature, or
                                               the UAS, the applicant would be                         and other aircraft so as to avoid the risk            other parameters as identified. The UAS
                                               required to identify those parts that                   of collision.                                         would not operate in icing conditions,
                                               could cause a catastrophic event upon                                                                         in accordance with 14 CFR 91.527.
                                               failure. Those parts must be properly                   Operational Considerations
                                                                                                                                                               19. Operate in day Visual
                                               maintained to prevent a catastrophic                       The following operational                          Meteorological Conditions (VMC).
                                               failure.                                                considerations were derived from the                    Note: A change to the CONOPS may
                                                  UAS Controls: To address the risks                   applicant’s CONOPS, which helped                      require a change to the airworthiness criteria.
                                               associated with loss of control of the                  drive the development of these
                                               UAS caused by the failure or improper                   proposed airworthiness criteria. The                  Proposed Airworthiness Criteria
                                               use of UAS controls, the applicant                      aircraft would:
                                               would be required to design controls                       1. Be primarily used for agricultural                 The FAA proposes to establish, as a
                                               that are adequate to safely and reliably                use to include spraying, sensing, and                 matter of policy, the following
                                               control the UAS.                                        imaging.                                              airworthiness criteria for type
                                                  UAS Flight Termination System: To                       2. Operate in remote or sparsely                   certification of the Yamaha Fazer R. The
                                               address the risks associated with                       populated areas.                                      FAA proposes that compliance with the
                                               uncontrolled flight and inadvertent or                     3. Not operate over people and                     following would appropriately mitigate
                                               unsafe operation, the applicant would                   occupied vehicles on roads and                        the risks associated with the proposed
                                               be required to provide a means to                       highways.                                             design and Concept of Operations
                                               quickly and safely terminate the UAS                       4. Operate at 400 feet above ground                (CONOPS) and would provide an
                                               flight.                                                 level (AGL) or lower.                                 equivalent level of safety to existing
                                                  UAS Engine and Engine Control                           5. Operate at a maximum altitude of                rules:
                                               System: To address the risks associated                 6,500 feet above mean sea level (MSL).                   UAS Concept of Operations: The
                                               with failure or loss of control of the                     6. Be operated within Visual Line of               applicant must define and submit to the
                                               powerplant, the applicant would be                      Sight (VLOS) as defined in 14 CFR part                FAA a (CONOPS) proposal describing
                                               required to design the engine and                       107.31, Visual line-of-sight aircraft                 the intended UAS operation in the
                                               engine controls so that they are durable                operation.                                            National Airspace System (NAS).
                                               and reliable.                                              7. Be operated by a minimum flight                    UAS Accepted Means of Compliance:
                                                  UAS Powerplant Installation: To                      crew consisting of one pilot-in-                         1. An applicant must comply with
                                               address the risks associated with failure               command (PIC) and one visual observer.                these airworthiness criteria using a
                                               of the powerplant installation that                        8. Be operated by a flight crew that is            means of compliance, which may
                                               includes each component necessary for                   appropriately qualified and trained.                  include consensus standards, accepted
                                               propulsion or that affects propulsion                      9. Be operated by a minimum flight                 by the FAA.
                                               safety, the applicant would be required                 crew that would operate only one UAS                     2. An applicant requesting acceptance
                                               to design the powerplant installation to                at any time.                                          of a means of compliance must provide
                                               ensure its continued safe operation.                       10. Be operated by a flight crew that              the means of compliance to the FAA in
                                                  UAS Systems and Equipment: To                        has successfully completed required                   a form and manner acceptable to the
                                               address the risks associated with the                   flight crew training.                                 FAA.
                                               failure or malfunction of electric and                     11. Be maintained by persons who                      UAS Operational Envelope and
                                               mechanical systems and equipment, the                   hold required FAA maintenance                         Limitations: The operational envelope
                                               applicant would be required to design                   certificates or work according to an FAA              and operational limitations must be
                                               and install the systems and equipment                   approved maintenance program.                         defined:
                                               to perform safely and reliably their                       12. Be maintained by persons who                      1. The UAS must be shown to perform
                                               intended function when considered                       have completed required maintenance                   as intended within the defined
                                               separately and in relation to other                     training.                                             operational envelope and operational
                                               systems.                                                   13. Be equipped with caution and                   limitations.
                                                  UAS Communication: To address the                    alerting annunciation that is visible to                 2. The UAS must be consistently and
                                               risks associated with loss of                           the PIC and visual observer during                    predictably controllable and
                                               communication between the flight crew                   flight.                                               maneuverable within the operating
                                               members and between the flight crew                        14. Remain within Radio Line-of-                   envelope, including:
                                               and the UA, the applicant would be                      Sight (RLOS) of the control station.                     (a) At all loading conditions for which
amozie on DSK30RV082PROD with PROPOSALS




                                               required to provide an FAA approved                     RLOS is the straight and unobstructed                 certification is requested;
                                               means that allows for all                               path between the transmitting and                        (b) During all phases of flight; and
                                               communication necessary to safely                       receiving antennas.                                      (c) During configuration changes.
                                               operate the UA.                                            15. Electronically communicate                        UAS Instructions for Continued
                                                  UAS Interference from External                       between the UA and the ground control                 Airworthiness: The applicant must
                                               Sources: To address the risks associated                station only within frequencies                       prepare Instructions for Continued
                                               with cyber threats and system failures or               approved by the Federal                               Airworthiness (ICA) for the UAS that
                                               malfunctions, the applicant would be                    Communications Commission (FCC).                      are acceptable to the FAA. The ICA may


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                                               19024                      Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules

                                               be incomplete at type certification if a                   (a) Operate easily, smoothly, and                     (c) Affects the safety of the major
                                               program exists to ensure their                          positively enough to allow proper                     propulsive units between normal
                                               completion prior to delivery of the first               performance of their functions, and                   inspections or overhauls.
                                               UAS or issuance of a standard certificate                  (b) Protect against likely hazards.                   2. Each component of the powerplant
                                               of airworthiness, whichever occurs                         2. Flight Crew Interface: The control              installation must be constructed,
                                               later.                                                  station must be designed to allow the                 arranged, and installed to ensure its
                                                  The ICA must contain a section titled                flight crew to perform their duties and               continued safe operation between
                                               Airworthiness Limitations that is                       to perform any maneuvers within the                   normal inspections or overhauls for the
                                               segregated and clearly distinguishable                  operating envelope of the UAS, without                range of temperature and altitude for
                                               from the rest of the document. This                     excessive concentration, skill, alertness,            which approval is requested.
                                               section must set forth each mandatory                   or fatigue considering the intended                      UAS Systems and Equipment: This
                                               replacement time, structural inspection                 operating conditions for the control                  requirement applies to the UAS unless
                                               interval, and related structural                        station.                                              another requirement has been imposed
                                               inspection procedure required for type                     3. Equipment: The applicant must                   for a specific piece of equipment,
                                               certification. If the ICA consist of                    define and install necessary equipment                system, or systems. The UAS systems
                                               multiple documents, the section                         so the flight crew can monitor and                    and equipment, including any software
                                               required by this paragraph must be                      perform defined tasks associated with                 or electronic hardware, must be
                                               included in the principal manual. This                  the intended functions of the systems                 designed and developed using methods
                                               section must contain a legible statement                and equipment.                                        accepted by the FAA.
                                               in a prominent location that reads ‘‘The                   4. Flight Crew Error: The UAS must be                 1. The systems and equipment
                                               Airworthiness Limitations section is                    designed to minimize flight crew errors               required for a UAS to operate safely in
                                               FAA approved and specifies                              which could result in additional                      the kinds of operations for which
                                               maintenance conducted under §§ 43.16                    hazards.                                              certification is requested must be
                                               and 91.403 of Title 14 of the Code of                      UAS Flight Termination System:                     designed and installed to perform their
                                               Federal Regulations unless an                              1. There must be a means for the flight            intended function throughout the
                                               alternative program has been FAA                        crew to quickly and safely terminate the              operating and environmental limits for
                                               approved.’’                                             UA flight.                                            which the UAS is certificated.
                                                  UAS Flight Manual: The applicant                        2. The UAS must have a means to
                                                                                                                                                                2. All systems and equipment not
                                               must provide a UAS Flight Manual with                   safely terminate the UA flight when safe
                                                                                                                                                             covered by paragraph 1 of this section,
                                               each UAS. The UAS Flight Manual must                    operation cannot continue or be
                                                                                                                                                             considered separately and in relation to
                                               contain the following information—                      maintained.
                                                                                                                                                             other systems, must be designed and
                                                  (a) UAS operating limitations;                          3. There must be means to prevent
                                                                                                                                                             installed so their operation or failure,
                                                  (b) UAS normal and emergency                         inadvertent operation of the flight
                                                                                                                                                             does not have an adverse effect on the
                                               operating procedures;                                   termination system.
                                                                                                          UAS Engine and Engine Control                      UAS.
                                                  (c) Performance information;
                                                                                                       System:                                                  UAS Communication:
                                                  (d) Loading information; and
                                                  (e) Other information that is necessary                 1. The UAS Engine and Engine                          1. The applicant must define the type,
                                               for safe operation because of design,                   Control System includes each                          methods, and operational limits of
                                               operating, or handling characteristics.                 component necessary for propulsion or                 communication, including the
                                                  UAS Flight Testing: The UAS must                     which affects propulsion safety.                      mitigation of any hazard created by any
                                               successfully complete at least 150 hours                   2. The UAS Engine and Engine                       loss of communication between the
                                               of flight testing to determine whether                  Control System installation must be                   flight crew and between the flight crew
                                               there is reasonable assurance that the                  designed, constructed, installed, and                 and the UAS.
                                               UAS, its components, its equipment,                     maintained to ensure its continued safe                  2. A means must be provided to allow
                                               and structures are adequate, reliable,                  operation within the operational                      for all communication necessary to
                                               and function properly. The testing must                 envelope between normal inspections                   safely operate the UA.
                                               consist of:                                             and overhauls.                                           UAS Interference from External
                                                  1. At least 50 hours with the                           3. The UAS Engine Control System                   Sources: The design must minimize the
                                               Unmanned Aircraft (UA) at 5 percent                     including any Engine Control Unit                     risks associated with interference to
                                               over maximum weight at critical weight,                 (ECU) software or electronic hardware                 UAS electronic systems and networks
                                               altitude, and temperature; and                          must be designed and developed using                  from external sources.
                                                  2. At least 100 hours in normal                      methods accepted by the FAA.                             UAS Interference with Other Aircraft
                                               operations.                                                4. The applicant must identify the                 or Obstacles: The UAS must have a
                                                  UAS Critical Parts: A critical part is               UAS Engine and Engine Control System                  means to remain well clear of obstacles
                                               a part, the failure of which could have                 failure modes and effects that may result             and other aircraft for its intended
                                               a catastrophic effect upon the UAS. If                  in a catastrophic condition to the UAS.               operation and airspace to avoid the risk
                                               the type design includes critical parts, a              The applicant must mitigate each                      of collision.
                                               critical parts list must be established.                hazard to a level acceptable to the FAA.                Note: The FAA may propose amending this
                                                  The applicant must develop and                          5. The UAS Engine and Engine                       airworthiness criteria, or propose additional
                                               define inspections or other procedures                  Control System operability, durability                operational criteria, prior to approval of the
                                               to prevent failures due to degradation of               and reliability must be demonstrated.                 type design.
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                                               critical parts. Each of these inspections                  UAS Powerplant Installation:
                                               or procedures must be included in the                      1. The powerplant installation                       Issued in Kansas City, Missouri, on April
                                               Airworthiness Limitations Section of                    includes each part of the UAS (other                  23, 2018.
                                               the ICA.                                                than the main and auxiliary rotor                     Pat Mullen,
                                                  UAS Controls:                                        structures) that—                                     Manager, Small Airplane Standards Branch,
                                                  1. Flight Controls: The applicant must                  (a) Is necessary for propulsion;                   Aircraft Certification Service.
                                               design the flight control systems and                      (b) Affects the control of the major               [FR Doc. 2018–09102 Filed 4–30–18; 8:45 am]
                                               control station to:                                     propulsive units; or                                  BILLING CODE 4910–13–P




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Document Created: 2018-05-01 00:23:33
Document Modified: 2018-05-01 00:23:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed airworthiness criteria.
DatesSend comments on or before May 31, 2018.
ContactMr. Quentin Coon, AIR-692, Federal Aviation Administration, Policy & Innovation Division, Small Airplane Standards Branch, Aircraft Certification Service, 901 Locust, Room 301, Kansas City, MO 64106, telephone (816) 329-4168, facsimile (816) 329- 4090.
FR Citation83 FR 19021 

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