3732 Federal Register / Vol. 84, No. 30 / Wednesday, February 13, 2019 / Proposed Rules

V–438 [Amended] Room W12–140 of the West Building proposed rulemaking (NPRM) or other From Hagerstown, MD, to the INT of Ground Floor at 1200 New Jersey future rulemakings. Some proposals for Hagerstown 157° and the Martinsburg, WV, Avenue SE, Washington, DC, between 9 addressing national security and other 130° radials. a.m. and 5 p.m., Monday through concerns may exceed the FAA’s * * * * * Friday, except Federal holidays. authority to regulate independently and • Fax: Fax comments to Docket Issued in Washington, DC, on February 5, may necessitate a broader Federal 2019. Operations at 202–493–2251. Executive or Legislative action. Privacy: In accordance with 5 U.S.C. Rodger A. Dean, Jr., Comments, including proposals for 553(c), DOT solicits comments from the Manager, Airspace Policy Group. rulemaking, will be considered within public to better inform its rulemaking the context of the FAA’s existing [FR Doc. 2019–02067 Filed 2–12–19; 8:45 am] process. DOT posts these comments, statutory authority. BILLING CODE 4910–13–P without edit, including any personal information the commenter provides, to I. Authority for This Rulemaking http://www.regulations.gov, as This ANPRM is promulgated pursuant DEPARTMENT OF TRANSPORTATION described in the system of records to 49 U.S.C. 40103(b)(1) and (2), which Federal Aviation Administration notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ charge the FAA with issuing regulations: (1) To ensure the safety of 14 CFR Part 107 privacy. Docket: Background documents or aircraft and the efficient use of airspace; [Docket No.: 2018–1086; Notice No. 18–08] comments received may be read at and (2) to govern the flight of aircraft for http://www.regulations.gov at any time. purposes of navigating, protecting and RIN 2120–AL26 Follow the online instructions for identifying aircraft, and protecting accessing the docket or go to the Docket individuals and property on the ground. Safe and Secure Operations of Small In addition, 49 U.S.C. 44701(a)(5) Unmanned Aircraft Systems Operations in Room W12–140 of the West Building Ground Floor at 1200 charges the FAA with prescribing AGENCY: Federal Aviation New Jersey Avenue SE, Washington, regulations that the FAA finds necessary Administration (FAA). DC, between 9 a.m. and 5 p.m., Monday for safety in air commerce and national security. ACTION: Advance notice of proposed through Friday, except Federal holidays. rulemaking (ANPRM). FOR FURTHER INFORMATION CONTACT: For The primary authority for this small UAS policy questions concerning ANPRM is 49 U.S.C. 44807, which SUMMARY: The FAA is considering this ANPRM, contact Ben Walsh, Flight directs the Secretary of Transportation additional rulemaking in response to Technologies and Procedures Division, to determine whether ‘‘certain public safety and national security Federal Aviation Administration, 470 unmanned aircraft systems may operate concerns associated with the ongoing L’Enfant Plaza SW, Suite 4102, safely in the national airspace system integration of unmanned aircraft Washington, DC 20024; telephone 1– [NAS].’’ Section 44807 directs the systems (UAS) into the National 844–FLY–MY–UA; email UAS- Secretary to use a risk-based approach Airspace System (NAS). The FAA is [email protected]. in making such determinations and seeking information from the public in SUPPLEMENTARY INFORMATION: provides such determinations may response to the questions contained in Tips for Preparing Your Comments. occur notwithstanding the completion this ANPRM. Specifically, the FAA The FAA seeks public comment on the of the comprehensive plan and seeks comment on whether and in what areas outlined within this ANPRM. The rulemaking required in other sections of circumstances the FAA should FAA also seeks comments on how this the statute. Section 44807(b) directs the promulgate new rulemaking to require rulemaking could be implemented to Secretary to consider a specific list of stand-off distances, additional operating meet the objective of the proposal in a factors in determining which types of and performance restrictions, the use of manner that maximizes benefits without UAS may operate safely: The Secretary UAS Traffic Management (UTM), and imposing excessive, unjustified, or must consider size, weight, speed, additional payload restrictions. The unnecessary costs. operational capability, proximity to FAA also seeks comment on whether it Specific questions are included in this airports and populated areas, operation should prescribe design requirements ANPRM immediately following the over people, and operation within or and require that unmanned aircraft be discussion of the relevant issues. The beyond the visual line of sight, or equipped with critical safety systems. FAA asks that commenters provide as operation during the day or night. The DATES: Send comments on or before much information as possible on any Secretary must determine, based on April 15, 2019. questions of interest to the commenter. these factors, whether operations of the ADDRESSES: Send comments identified In some areas, the FAA requests very UAS do not create a hazard to users of by docket number FAA–2018–1086 specific information. Whenever the NAS or the public. using any of the following methods: possible, please provide citations and This action also relies on other DOT • Federal eRulemaking Portal: Go to copies of any relevant studies or reports and FAA statutory authorities. http://www.regulations.gov and follow on which you rely, including cost data the online instructions for sending your as well as any additional data which II. Executive Summary comments electronically. supports your comment. It is also • Mail: Send comments to Docket helpful to explain the basis and The purpose of this advance notice of Operations, M–30; U.S. Department of reasoning underlying your comment. proposed rulemaking (ANPRM) is to Transportation (DOT), 1200 New Jersey Each commenting party should include seek comment regarding proposals for Avenue SE, Room W12–140, West the identifying number of the specific FAA rulemaking to reduce risks to Building Ground Floor, Washington, DC question(s) to which it is responding. public safety and national security as 20590–0001. The FAA will use comments to make UAS are integrated into the NAS. • Hand Delivery or Courier: Take decisions regarding the content and Consistent with its statutory comments to Docket Operations in direction of potential notices of authority, the FAA seeks to ensure that

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small UAS 1 operations will not create a step in integrating civil small UAS operators. The rule proposes three hazard to users of the NAS or the public operations that were not model aircraft operational categories.7 Category 1 or pose a threat to national security. under the statute in effect at the time of would limit the weight of the small This ANPRM is intended to gather publication.5 unmanned aircraft. Categories 2 and 3 information from the public to help As the next step, the FAA’s regulatory would limit the severity of potential inform the FAA’s efforts to assess plan calls for the agency to issue an injuries based on impact kinetic energy options for reducing risks to public NPRM that would propose to allow thresholds and exposed rotating parts safety and national security associated small UAS operations at night and over limitations. For operations of small UAS with further integration of UAS into the people without a waiver issued under at night, the rule would require the NAS. The FAA may consider initiating § 107.200. During the development remote pilot in command to complete a one or more rulemaking efforts based on process, the FAA heard from a number knowledge test or the appropriate the comments received in response to of government and industry training prior to operating at night and this ANPRM. stakeholders expressing support for the would require that the small UAS be In a separate but related rulemaking potential increase in commercial equipped with anti-collision lighting action published elsewhere in this issue viability of UAS operations, but also visible for at least 3 statute miles. of the Federal Register, the Operation of concerns over the potential impacts on Small Unmanned Aircraft Systems over public safety, national security, and law 2. Remote Identification and Tracking People NPRM, the FAA is proposing to enforcement. Aviation Rulemaking Committee amend part 107 to allow small UAS B. Public Safety and National Security Section 2202 of the FAA Extension, operations at night and over people. Concerns Safety, and Security Act of 2016 Because these operations have a (FESSA) required the FAA potential impact on public safety and As technology continues to improve Administrator, in consultation with the national security, the FAA does not and new uses for small UAS are Secretary of Transportation, the intend to promulgate a final rule to identified, the FAA anticipates an President of RTCA, Inc., and the allow these operations until a regulation increased demand for flexibility in Director of the National Institute of finalizes the requirements regarding operational restrictions under part 107. Standards and Technology, to convene remote identification of small UAS, as These new types of operations may have industry stakeholders to facilitate the discussed further in Related Agency public safety and national security risks development of consensus standards for Actions. that were not anticipated or envisioned. This ANPRM seeks public comment on remotely identifying operators and III. Background existing and future operational owners of unmanned aircraft systems A. Integration of UAS Into the NAS requirements and limitations in part 107 and associated unmanned aircraft. The FAA is working to safely that may be necessary to reduce risks to FESSA required that, as part of any integrate small UAS operations into the the public and users of the NAS in standards developed, the Administrator NAS using a phased, incremental, and accordance with 49 U.S.C. 44807. shall consider requirements for remote risk-based approach to rulemaking In addition, public safety and national identification of unmanned aircraft within the FAA’s existing statutory security entities have expressed a need systems; appropriate requirements for authority.2 In 2012, Congress passed the to distinguish between small UAS that different classifications of unmanned FAA Modernization and Reform Act of may pose a threat and those that do not, aircraft systems operations, including 2012 (Pub. L. 112–95). Section 333 of especially when operating in close public and civil; and the feasibility of Public Law 112–95 3 directed the proximity to large public gatherings, the development and operation of a Secretary to determine which types of critical infrastructure or certain other publicly accessible online database of 6 UAS do not create a hazard to users of facilities and assets. In light of this, the unmanned aircraft and the operators the NAS or the public or pose a threat FAA is constantly assessing the ability thereof, and any criteria for exclusion to national security. Based on such of the regulations to ensure that small from the database. findings, Congress directed the UAS operations do not pose a threat to The FAA convened the UAS Secretary to establish requirements for public safety or national security. Identification and Tracking Aviation the safe operation of UAS. On June 28, C. Related Agency Actions Rulemaking Committee (ARC) to make 2016, the FAA published the final rule recommendations for the identification for Operation and Certification of Small 1. Operation of Small Unmanned and tracking of small UAS. The FAA Unmanned Aircraft Systems (sUAS Aircraft Systems Over People NPRM has reviewed the ARC recommendations Operation and Certification final rule) The Operations of Small UAS over and initiated a separate rulemaking (RIN (part 107 final rule),4 which was a first People rulemaking would promulgate 2120–AL31) to propose remote performance-based standards applicable identification requirements for UAS, but 1 A small UAS is defined as a small unmanned to manufacturers of small UAS, as well has not yet published any proposals in aircraft and its associated elements (including as some requirements applicable to 8 communication links and the components that the Federal Register. As previously control the small unmanned aircraft) that are explained, the FAA does not intend to required for the safe and efficient operation of the 5 Public Law 112–95, section 336 (Feb. 14, 2012). promulgate the Operations of Small small unmanned aircraft in the national airspace Section 336 was repealed by Section 349 of Public UAS over People final rule until the system (NAS). A small unmanned aircraft is defined Law 115–254 (Oct. 5, 2018) and replaced with 49 as an unmanned aircraft weighing less than 55 U.S.C. 44809. Section 44809 provides an exception pounds on takeoff, including everything that is on for limited recreational UAS operations, provided 7 The 3 categories proposed for civil small UAS board or otherwise attached to the aircraft. 14 CFR the operations satisfy eight specific conditions. See operations over people are unrelated to the 107.3. 49 U.S.C. 44809(a)(1)–(8). Department of Defense UAS categories which are 2 For more information regarding the operation of 6 The Departments of Defense, Energy, Homeland divided into 5 groups that distinguish UAS by small unmanned aircraft, see http://www.faa.gov/ Security, and Justice have authority to address weight and other characteristics. uas. threats posed by UAS under certain circumstances 8 A copy of the report is available at https:// 3 Section 347 of Public Law 115–254 repealed to certain facilities and assets identified by statute. www.faa.gov/regulations_policies/rulemaking/ Section 333, but replaced the relevant substantive 10 U.S.C. 130i; 50 U.S.C. 2661; and section 1602 of committees/documents/media/UAS%20ID% provisions, codified at 49 U.S.C. 44807. Public Law 115–254 (to be codified at 6 U.S.C. 20ARC%20Final%20Report%20with 4 81 FR 42063. 124n). %20Appendices.pdf.

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remote identification rulemaking is Stand-off distances are the amount of UAS regulations from other countries finalized. space between a small UAS and the that include stand-off distances. For closest person or object. They can have example, in the United Kingdom, small 3. Section 2209 Process for UAS- a horizontal component, a vertical UAS must be operated at least 150 feet Specific Airspace Restrictions component, or be measured directly away from people and property and 500 Section 2209 of FESSA requires the using a slant range. Stand-off distances feet away from large crowds and built- Secretary of Transportation to establish are sometimes referred to as minimums, up areas, unless given special a process to allow certain fixed-site such as in a minimum separation or permission.10 In addition, proposed facility owners or operators to petition minimum stand-off distance, and are rules from Canada and EASA both the FAA to prohibit or restrict the typically measured in feet. They may include prescriptive stand-off distances operation of unmanned aircraft in close help to ensure a small UAS does not for small UAS operations. proximity to certain facilities, such as pose a hazard to people on the ground Questions for the Public: The FAA is national security sites, critical or assess whether a UAS poses a threat considering rulemaking to address infrastructure, amusement parks and to national security. public safety and national security other locations that warrant such a Currently, small UAS operated under concerns associated with small UAS restriction. That process is currently part 107 do not have any prescriptive and invites input from the public as under development.9 horizontal or vertical stand-off distances follows— A1. If the FAA were to establish IV. Discussion and Questions from people or structures. Rather, specific horizontal or vertical stand-off Concerning Proposal Under remote pilots must comply with distances for all small UAS operations, Consideration performance-based rules that reduce risk by ensuring that small UAS will what should those stand-off distances be This ANPRM is intended to gather pose no undue hazard to people, and why? information from the public to help aircraft, or property in the event of a A2. If the FAA were to establish inform the FAA’s efforts to assess loss of control of the small unmanned horizontal or vertical stand-off distances options for reducing risks to public aircraft for any reason (§ 107.19(c)) and for only certain types of small UAS safety and national security associated avoiding operations over any person operations, what types of operations with further integration of UAS into the who is not directly involved in the flight should require a stand-off distance, NAS, including options for additional operation unless that person is under an what should the stand-off distance be, rulemaking. Examples of subjects for appropriate covered structure or inside and why? Examples of types of additional rulemaking may include a vehicle (§ 107.39). operations include, but are not limited operating limitations, such as stand-off In a separate rulemaking action, to, night operations, operations in distances, payload restrictions, altitude, specifically the Operation of Small controlled airspace under an ATC airspeed and performance limitations. Unmanned Aircraft Systems over People authorization, and beyond-visual-line- A. Stand-Off Distances NPRM, the FAA is proposing to amend of-sight operations. § 107.39 to allow certain small UAS to A3. What types of operations, if any, Small UAS have the capability to operate over people under specific should be excluded from a proposed operate in locations that are inaccessible conditions. Those small UAS would be stand-off distance requirement and to manned aircraft as well as operate at required to meet safety thresholds that why? reduced horizontal and vertical stand- ensure the small UAS will not cause a A4. How would a horizontal or off distances from people and structures serious injury to people if an impact vertical stand-off distance requirement compared to manned aircraft. This occurs, and while the subject of stand- help reduce hazards to public safety and capability is a major benefit of small off distances is addressed, the rule does national security? UAS operations to both the public and not propose to establish any specific A5. What are the incremental costs 11 private sectors, but also presents unique stand-off requirements. of introducing a stand-off distance safety and security concerns. Because As discussed in the part 107 final requirement compared to how small UAS can operate in places that rule, the FAA considered requiring operations are conducted today? manned aircraft cannot, such as in minimum stand-off distances, but A6. Does requiring a minimum stand- confined locations, under bridges, or ultimately determined that, due to the off distance necessitate additional close to buildings, they are capable of wide range of possible small unmanned instrumentation? If yes, provide costs capturing useful information for aircraft and small UAS operations, a and other relevant information. inspection, investigation, and other prescriptive numerical stand-off A7. If minimum stand-off distances purposes. In certain cases, small UAS distance requirement would be more are required, would training or testing may be able to observe people, burdensome than necessary for some be necessary? If yes, provide estimate of structures, and areas on the ground from operations while not being stringent time and cost. a vantage point that cannot be achieved enough for other operations. This B. Altitude, Airspeed, and Other by manned aircraft or by persons on the decision by the FAA provided flexibility Performance Limitations ground. On the other hand, when small to small UAS operators to determine the UAS are operated too close to sensitive appropriate stand-off distance, if any, Due to their potential small size, light locations; critical infrastructure; certain for low-risk operations, but the FAA weight, and propulsion capabilities, mobile assets, including vessels and notes that as UAS operations continue small UAS can have relative ground vehicle convoys; government to expand and the FAA works to performance that far exceeds that of activities, such as firefighting, search integrate them into the NAS, stand-off conventional manned aircraft. These and rescue operations; certain law distances may be considered to reduce capabilities allow for operations that enforcement activities; over large public safety and national security manned aircraft are not capable of or gatherings of people; or near manned hazards presented by higher-risk UAS 10 aircraft, it raises safety and security operations. https://www.caa.co.uk/Consumers/Unmanned- aircraft-and-drones/. concerns within the NAS. While part 107 currently does not 11 For the purposes of this ANPRM, the FAA is contain any prescriptive stand-off requesting incremental costs, which is the 9 See RIN 2120–AL33. distances, there are examples of small difference between current and future operations.

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cannot conduct safely. Some small UAS continues to assess possible especially beyond visual line of sight are capable of speeds in excess of 150 performance limitations, such as (BVLOS), there may be opportunities to knots (172 mph), altitudes of 10,000 feet airspeed and altitude, to mitigate mitigate public safety and national or more, and climb rates in excess of potential hazards. security risks at the same time. 6,000 feet per minute. Some can Questions for the Public: The FAA is Section 2208 of the FESSA directed accelerate from 0 to 60 mph in less than considering rulemaking to address the FAA to conduct research and 1 second. They can have extreme public safety and national security establish a pilot program with NASA maneuverability and the capability to concerns associated with small UAS regarding UTM, both of which are hover for extended periods of time. and invites input from the public as currently underway with the ultimate These performance capabilities provide follows— goal of informing future rulemaking. considerable benefits and advantages to B1. If the FAA were to establish Further, in conjunction with completing UAS operations but also create unique additional operating or performance the pilot program required by FESSA, safety and security concerns. limitations for small UAS, what should Section 376 of Public Law 115–254 Because of their performance those operating or performance requires the FAA, in coordination with capabilities, small UAS can operate in limitations be and why? NASA and industry stakeholders, to confined areas with speed and agility B2. If the FAA were to establish develop an implementation plan for and, with their maneuverability, are additional operating or performance UTM services that expand operations capable of operating in close proximity limitations for only certain types of beyond visual line of sight, have full to buildings, vehicles, and people, small UAS operations, what types of operational capability, and ensure the which allows for the gathering of small UAS operations should require safety and security of all aircraft. The imagery and data that cannot otherwise additional operating or performance UTM implementation plan, which must be obtained from the air or ground. limitations, what should they be, and address safety standards among other However, with their capability for why? matters and delineate the roles and speed, maneuverability, and extreme B3. How would additional operating responsibilities of public and private acceleration, both horizontally and or performance limitations help to actors, is to be completed within one vertically, they can pose a hazard to reduce risks to public safety or national year of the conclusion of the UTM pilot other aircraft or persons on the ground. security? program. B4. What types of current small UAS Also, those performance capabilities In the part 107 rulemaking, the FAA operations would be impacted by could lead to risks when operating in found the risk to public safety and establishing additional operating or close proximity to sensitive government national security acceptable without locations, large gatherings of people, performance limitations? B5. What are the incremental costs of requiring any type of UTM law enforcement activities, search and coordination, even considering the rescue operations, and other aircraft. altitude, airspeed, and other inherent structure it would provide. Currently, small UAS operated under performance limitations? Because operations under part 107 part 107 are limited to a maximum C. Unmanned Traffic Management (conducted without a waiver) are groundspeed of 87 knots (100 mph) and (UTM) Operations a maximum altitude of 400 feet above limited to visual line of sight and small ground level, unless operated within a Small UAS pose a unique public UAS must yield the right-of-way to all 400-foot radius of a structure, in which safety and security risk to other aircraft other aircraft, the FAA determined that case the limit is 400 feet above the and persons and property on the ground a certificated remote pilot can operate a structure’s uppermost limit. As because they can operate more readily small UAS safely without the need to discussed in the part 107 final rule, a in sensitive areas and it can be difficult coordinate its flight path with other small UAS travelling at high speed to identify non-compliant operations. operators. Consistent with the direction poses a higher risk to persons, property, Applying more structure to the airspace in Section 376, however, as UAS and other aircraft than one traveling at and operations may reduce public safety operations in the NAS continue to a lower speed. The rule also noted that or national security risks in the NAS by evolve and increase in number, the FAA a speed limit would have safety benefits removing the anonymity of the anticipates there will be a need for outside of a loss-of-positive-control operations and establishing operating additional airspace coordination and scenario because a small unmanned norms, which can then be used to management to ensure those operations aircraft traveling at a lower speed is highlight anomalous activity that may do not pose a risk to public safety or generally easier to control. Also, the rule indicate malicious intent. national security. states that the speed and altitude Many entities in both the public and Questions for the Public: The FAA is limitations reduce the risk of collision private sector are developing a considering rulemaking to address with other aircraft. As stated in the part decentralized communication public safety and national security 107 final rule, a maximum speed limit architecture identified as UAS Traffic concerns associated with small UAS of 87 knots is appropriate because the Management (UTM), which could and invites input from the public as remote pilot in command will have to support more structured airspace and follows— implement mitigations commensurate operations for small UAS without active C1. How can additional information with the risk posed by his or her control from the FAA’s Air Traffic sharing (e.g., intended flight path, specific small UAS operation, such as Organization. Increased communication operational boundary) via UTM help operating at a speed less than 87 knots. between operators on planned and reduce risks to public safety and Section 107.51 also includes limitations actual flight paths, deconfliction national security? What suite of on flight visibility and cloud clearances, capability, additional information capabilities should UTM have? but does not have any operating sources, and new service suppliers are C2. What types of small UAS limitations for vertical climb or descent intended to allow for optimized flight operations should be subject to UTM rates or rates of acceleration. paths with increased safety. While UTM requirements? Should any be excluded? As new uses for small UAS are is focused on managing the safe and Should the requirement be based on identified and new types of operations efficient operation of an increasing geographical location, the type of are introduced into the NAS, the FAA number of UAS operating in the NAS, operation, or other factors? Please

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provide data or explanations to justify disrupt critical infrastructure, including restricted? Should there be exceptions your response. communications networks; and to or special provisions applicable to C3. For small UAS subject to UTM conduct malicious cyber activity. There certain conditions or other factors such requirements, what type of information have been instances in which small as location, time, population density, or should be available to the general UAS were used in ways that interfere purpose? Please provide data or public? What type of information with law enforcement, firefighting, and explanations to justify your response. should be available to security aviation operations. D3. What types of operations would personnel? Recently, Congress enacted section be affected if additional restrictions are C4. What are the initial nonrecurring 363 of Public Law 115–254, responding placed on the type of payloads and investment costs associated with to several payload and installed equipment that can be installed on a establishing a UTM architecture? Once equipment concerns. Unless authorized small UAS? Would there be any costs or implemented, what are the annual by the Administrator, section 363 lost revenues associated with those recurring operation and maintenance prohibits a person from operating a UAS restrictions? costs? equipped or armed with a dangerous E. Small UAS Critical System Design C5. For questions C.1., C.2., and C.3., weapon as defined in 18 U.S.C. Requirements please include information in your 930(g)(2).12 response identifying the costs that Further, § 107.36 prohibits the Public safety and national security would be necessary to equip small UAS carriage of hazardous materials as concerns have been raised regarding the to comply with UTM requirements. defined in 49 CFR 171.8. This definition potential failure of critical systems on C6. Would additional testing or includes many types of hazardous small UAS, which could result in the training be required for a remote pilot to substances, such as chemicals or loss of control of the aircraft and safely operate a small unmanned aircraft hazardous waste, but does not address increase the risk to persons and subject to UTM requirements? Please all types of payloads or sensors that property on the ground and other users explain. could pose a threat to public safety or of the airspace. One way of designing C7. What would be the costs for national security. Part 107 does allow critical systems on small UAS that has information sharing if UAS operations for the transportation of property for the potential to address these concerns are subject to UTM requirements? compensation or hire, but only if the from both a public safety and national security perspective is the use of D. Payload Restrictions aircraft, including its attached systems, payload, and cargo weigh less than 55 redundancy. From a safety standpoint, Small UAS are readily available for pounds total; the flight is conducted redundancy helps to mitigate the risk of purchase in home electronic and general within visual line of sight and not from critical single-point system failures. For merchandise stores by individuals who a moving vehicle or aircraft; and the example, a battery failure on a UA with may have little or no familiarity with flight occurs wholly within the bounds only one battery might result in a crash the civil aviation regulations that are of a State and does not involve transport landing. If the UA was built with a applicable to them. Some of these small between (1) Hawaii and another place in redundant power system (multiple UAS have very small visual, radar, and Hawaii through airspace outside batteries or a backup), the UA could acoustic signatures, which may make Hawaii; (2) the District of Columbia and switch to the alternate power source and them more difficult to detect, identify, another place in the District of maintain safe flight. Another approach and track compared to manned aircraft. Columbia; or (3) a territory or to increase safety is the use of fail-safe On the other hand, small UAS that possession of the United States and design features. A small UAS that has a weigh close to 55 pounds could carry a another place in the same territory or fail-safe command and control (C2) link significant amount of internal or possession. would improve the safety of the small external payload. If a small UAS is Questions for the Public: The FAA is UAS if a lost-link event occurs. determined to present a threat to public considering rulemaking to address From a national security standpoint, safety or national security, currently public safety and national security redundancy of critical systems plays a there are limited ways to mitigate the concerns associated with small UAS more indirect role. Failure of some threat. As a result, the increased and invites input from the public as functions on an unmanned aircraft may integration of UAS operations in the follows— lead to unplanned airspace or security NAS poses unique public safety and D1. Should the prohibition from violations. For example, a loss of national security concerns. carrying hazardous materials in § 107.36 navigation or lost-link could lead to an Given their size, propulsion systems, be expanded to include other types of unmanned aircraft entering and navigational capabilities, small payloads or installed equipment that unauthorized airspace. Having a UAS can operate in close proximity to could pose a threat to public safety or redundant navigation system or a fail- buildings, persons, vehicles and other national security? If yes, what types of safe C2 system could reduce the risk of objects without anyone’s awareness. payloads should be prohibited and this happening. Additionally, critical With the current and expected why? systems could be a piece of a larger improvements in technical capabilities D2. Should the FAA consider security strategy ensuring a robust available on small UAS, they can rulemaking to restrict the use of certain capability to strengthen the overall circumvent measures used to protect types of small UAS payloads or security of the system. An example security-sensitive sites and operations, installed equipment? If yes, what types would be having redundant positioning which, if accessed or damaged, could of payloads should be restricted, under solutions (e.g., GPS, inertial) to ensure threaten national security or introduce what conditions should they be a high availability to broadcast the hazards to public safety. The FAA is unmanned aircraft’s position, if aware of situations where small UAS 12 The term ‘‘dangerous weapon’’ as defined in 18 required. have been used to conduct illegal U.S.C. 930(g)(2) means a weapon, device, Currently, small UAS operated under surveillance and industrial espionage; to instrument, material, or substance, animate or 14 CFR part 107 are not required to have inanimate, that is used for, or is readily capable of, deliver contraband to prison inmates; to causing death or serious bodily injury, except that an airworthiness certificate. deliver incendiary, explosive, chemical such term does not include a pocket knife with a Furthermore, they do not have any and radiological payloads; to damage or blade of less than 21⁄2 inches in length. prescribed design standards or required

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system redundancies. As a result, many E4. What are the costs and benefits to executive department or agency small UAS operating today, especially incorporate redundant systems critical publicly proposes for notice and those with relatively small size, do not to safety of flight for BVLOS operations comment or otherwise promulgates a have redundancies in their design. or operations over people that exceed new regulation, it must identify at least However, the FAA, through policy, may the NPRM safety thresholds indicated two existing regulations to be repealed condition the grant of waiver from above? and offset any new incremental costs certain operational limitations in part associated with new regulations by the V. Regulatory Requirements and 107 on equipage with redundant elimination of existing costs associated Executive Order Determinations systems. For example, § 107.31—Visual with at least two prior regulations. FAA line of sight aircraft operations and The FAA will address the following will need to determine if a future § 107.39—Operation over people, are requirements in future small UAS safety rulemaking is an E.O. 13771 regulatory both subject to waiver as prescribed in and security rulemakings. Please or deregulatory action. §§ 107.200 and 107.205. In evaluating provide comments that would assist the C. Executive Order 13132 waiver requests for §§ 107.31 and FAA in its consideration and analyses of 107.39, the FAA may consider the need these requirements. Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (Aug. 10, 1999), requires for design requirements, including A. Executive Order 12866, Executive redundancy, for critical UAS systems agencies to assure meaningful and Order 13563, and DOT Regulatory timely input by State and local officials based upon the nature of the request Policies and Procedures and the need to mitigate any risks in the development of regulatory associated with the proposed operation. This ANPRM is considered a policies that may have ‘‘substantial In a related rulemaking action, significant regulatory action under direct effects on the States, on the specifically the Operation of Small section 3(f) of Executive Order 12866 relationship between the national Unmanned Aircraft Systems over People and was reviewed by the Office of government and the States, or on the NPRM, the FAA is proposing to amend Management and Budget (OMB). It is distribution of power and § 107.39 to allow small UAS to operate considered a significant regulatory responsibilities among the various over people if they are tested and shown action under the Regulatory Policies and levels of government.’’ FAA invites to fulfill certain safety standards Procedures order issued by the State and local governments with an intended to limit the severity of injuries Department of Transportation. 44 FR interest in this rulemaking to comment to people on the ground. While 11034 (Feb. 26, 1979). on any effect that may result. Executive Orders 12866, ‘‘Regulatory manufacturers of small UAS qualified to D. Executive Order 13175 operate over people may choose to have Planning and Review,’’ 58 FR 51735 redundancy for critical systems in their (Oct. 4, 1993), and 13563, ‘‘Improving Consistent with Executive Order designs, it is not required by the Regulation and Regulatory Review,’’ 76 13175, ‘‘Consultation and Coordination proposed rule. FR 3821 (Jan. 21, 2011), require agencies with Indian Tribal Governments,’’ and Questions for the Public: The FAA is to regulate in the ‘‘most cost-effective FAA Order 1210.20, ‘‘American Indian considering rulemaking to address manner,’’ to make a ‘‘reasoned and Alaska Native Tribal Consultation public safety and national security determination that the benefits of the Policy and Procedures,’’ the FAA concerns associated with small UAS intended regulation justify its costs,’’ ensures that Federally Recognized and invites input from the public as and to develop regulations that ‘‘impose Tribes (Tribes) are given the opportunity follows— the least burden on society.’’ Executive to provide meaningful and timely input E1. For small UAS operations beyond Order 13610, ‘‘Identifying and reducing regarding proposed Federal actions that the visual line of sight of the remote Regulatory Burdens,’’ 77 FR 28469 (May have the potential to uniquely or pilot, should the FAA establish design 14, 2012), urges agencies to conduct significantly affect their respective requirements, such as redundancy, for retrospective analyses of existing rules Tribes. At this point, the FAA has not systems critical to safety of flight? If yes, to examine whether they remain identified any unique or significant what should these requirements be and justified and whether they should be effects, environmental or otherwise, on why? Are there other means the FAA modified or streamlined in light of tribes resulting from this advance notice should consider to address public safety changed circumstances, including the of proposed rulemaking. As it and national security risk for BVLOS rise of new technologies. contemplated in the sUAS Operation operations? Additionally, Executive Orders 12866, and Certification final rule, the FAA has E2. For small UAS operations over 13563, and 13610 require agencies to conducted outreach to tribes and people that exceed the NPRM safety provide a meaningful opportunity for responded to those tribes seeking thresholds indicated above and public participation. Accordingly, FAA information about small UAS operations therefore still must seek a waiver to invites comments on these conducted within their territory to see § 107.39 to operate over people, should considerations, including any cost or how their concerns can be addressed the FAA establish design requirements, benefit figures or factors, alternative within the broader UAS integration such as redundancy, for systems critical approaches, and relevant scientific, effort.13 to safety of flight? If yes, what should technical and economic data. These Since publication of the sUAS these requirements be and why? Are comments will help FAA evaluate Operation and Certification final rule, there other means the FAA should whether regulatory action is warranted the FAA has conducted outreach to consider to address public safety and and appropriate. tribes to ensure that they are familiar national security risk for operations over with the rules’ provisions and how they people? B. Executive Order 13771 might apply in Indian country, and that E3. Are there other types of small On January 30, 2017, President Trump they are aware of FAA’s plans for UAS operations besides BVLOS and signed Executive Order 13771 (E.O. additional rulemakings to integrate UAS operations over people that the FAA 13771), ‘‘Reducing Regulation and into the NAS. As part of that outreach should establish design requirements Controlling Regulatory Costs.’’ Under the FAA has: for, such as redundancy, to address Section 2 of this Executive Order, unless public safety and national security risk? prohibited by law, whenever an 13 81 FR 42063 at 42189.

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• Provided material on the sUAS 5 CFR 1320.8(d) requires that FAA J. Executive Order 13609 and Operation and Certification final rule to provide interested members of the International Trade Analysis participants at the mid-year conference public and affected agencies an of the National Congress of American opportunity to comment on information Under Executive Order 13609, Indians (Spokane, WA, June 27–30, collection and recordkeeping requests. ‘‘Promoting International Regulatory 2016); This ANPRM does not impose new Cooperation,’’ 77 FR 26413 (May 4, • Presented at a workshop at the information collection requirements. 2012), agencies must consider whether National Tribal Transportation FAA would have to consider the impacts associated with significant Conference (Anaheim, CA October 4, information collection requirements for variations between domestic and 2016); future rulemakings. international regulatory approaches are • Responded to inquiries from the unnecessary or may impair the ability of Shoshone-Bannock Tribes and G. Unfunded Mandates Reform Act of American businesses to export and Muscogee (Creek) Nation regarding use 1995 compete internationally. In meeting of UAS; shared challenges involving health, • Presented information on UAS at a The Unfunded Mandates Reform Act safety, labor, security, environmental, meeting of the Tribal Transportation of 1995 (2 U.S.C. 1531–1538) governs and other issues, regulatory approaches Self-Governance Program Negotiated the issuance of Federal regulations that developed through international Rulemaking Meeting (Shawnee, OK require unfunded mandates. An cooperation can provide equivalent October 18, 2016); and unfunded mandate is a regulation that protection to standards developed • Provided information to The requires a state, local, or tribal independently while also minimizing Choctaw Nation of Oklahoma, which is government or the private sector to unnecessary differences. participating in the UAS Integration incur direct costs without the Federal 14 Similarly, the Trade Agreements Act Pilot Program. Through this program, government’s having first provided the of 1979, Public Law 96–39, as amended the FAA will work with The Choctaw funds to pay those costs. The FAA will by the Uruguay Round Agreements Act, Nation to ensure safe UAS operations need to determine if this rulemaking Public Law 103–465, prohibits Federal for the purposes of agriculture, public would result in costs of $155 million or agencies from establishing any safety, and infrastructure inspections. more, adjusted for inflation, to either Such operations may include operations standards or engaging in related state, local, or tribal governments, in the over people and operations at night. activities that create unnecessary aggregate, or to the private sector in any The FAA will continue to respond to obstacles to the foreign commerce of the one year. tribes expressing interest in or concerns United States. For purposes of these about UAS operations, and will engage H. National Environmental Policy Act requirements, Federal agencies may in government-to-government participate in the establishment of consultation with tribes as appropriate, The National Environmental Policy international standards, so long as the in accordance with Executive Orders Act of 1969, 42 U.S.C. 4321–4375, standards have a legitimate domestic and FAA guidance. requires that Federal agencies analyze objective, such as providing for safety, proposed actions to determine whether E. Regulatory Flexibility Act, Executive and do not operate to exclude imports the action will have a significant impact Order 13272, and DOT Policies and that meet this objective. The statute also Procedures on the human environment. The requires consideration of international Council on Environmental Quality standards and, where appropriate, that Under the Regulatory Flexibility Act (CEQ) regulations require Federal they be the basis for U.S. standards. of 1980, 5 U.S.C. 601, et seq., FAA must agencies to conduct an environmental FAA welcomes any data or information consider whether a rulemaking would review considering (1) the need for the related to international impacts that have a ‘‘significant economic impact on proposed action, (2) alternatives to the may result from future rulemaking. a substantial number of small entities.’’ proposed action, (3) probable ‘‘Small entities’’ include small environmental impacts of the proposed K. Executive Order 13211 businesses, not-for-profit organizations action and alternatives, and (4) the that are independently owned and Executive Order 13211, 66 FR 28355 agencies and persons consulted during (May 22, 2001), requires Federal operated and are not dominant in their the consideration process. See 40 CFR fields, and governmental jurisdictions agencies to prepare a Statement of 1508.9(b). FAA welcomes any data or with populations under 50,000. Energy Effects for any ‘‘significant Any future rulemaking would be information related to environmental energy action.’’ Under the executive developed in accordance with Executive impacts that may result from any future order, a ‘‘significant energy action’’ is Order 13272, ‘‘Proper Consideration of rulemaking. defined as any action by an agency Small Entities in Agency Rulemaking,’’ I. Privacy Act (normally published in the Federal 68 FR 7990 (Feb. 19, 2003), and DOT’s Register) that promulgates, or is procedures and policies to promote Anyone is able to search the expected to lead to the promulgation of, compliance with the Regulatory electronic form of any written a final rule or regulation (including a Flexibility Act to ensure that potential communications and comments notice of inquiry, ANPRM, and NPRM) impacts on small entities of a regulatory received into any of our dockets by the that (1)(i) is a significant regulatory action are properly considered. name of the individual submitting the action under Executive Order 12866 or document (or signing the document, if F. Paperwork Reduction Act any successor order and (ii) is likely to submitted on behalf of an association, have a significant adverse effect on the In accordance with the Paperwork business, labor union, etc.). You may supply, distribution, or use of energy; or Reduction Act, 44 U.S.C. 3501 et seq., review DOT’s complete Privacy Act (2) is designated by the Administrator of Statement in the Federal Register the Office of Information and Regulatory 14 Federal Aviation Administration UAS published on April 11, 2000, see 65 FR Affairs as a significant energy action. Integration Pilot Program (May 7, 2018), available at https://www.faa.gov/uas/programs_partnership/ 19477, or you may visit http:// The FAA would have to consider this uas_integration_pilot_program/. www.regulations.gov. executive order for future rulemaking.

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Issued under the authority provided by 49 Hand Delivery/Courier: Due to Army Appropriations Act of 1919 (40 U.S.C. 106(f), 40101 note, and 44807, in security requirements, we cannot Stat. 892; 33 U.S.C. 3), the Corps of Washington, DC, on January 28, 2019. receive comments by hand delivery or Engineers is proposing amendments to Daniel K. Elwell, courier. regulations in 33 CFR part 334 for the Acting Administrator, Federal Aviation Instructions: Direct your comments to amendment of an existing danger zone, Administration. docket number COE–2018–0007. All in the waters of the Atlantic Ocean [FR Doc. 2019–00758 Filed 2–12–19; 8:45 am] comments received will be included in south of the entrance to the Chesapeake BILLING CODE 4910–13–P the public docket without change and Bay off of the coast of Virginia. In a may be made available on-line at http:// memorandum dated July 23, 2018, the www.regulations.gov, including any Department of the Navy requested that personal information provided, unless DEPARTMENT OF DEFENSE the Corps modify 33 CFR 334.390 to the commenter indicates that the amend the existing danger zone. The Department of the Army, Corps of comment includes information claimed proposed danger zone amendment is Engineers to be Confidential Business Information necessary to protect the public from (CBI) or other information whose hazards associated with training and 33 CFR Part 334 disclosure is restricted by statute. Do mission operations, and to improve not submit information that you vessel traffic throughput and maritime Atlantic Ocean South of Entrance to consider to be CBI, or otherwise safety in the northeast region of the Chesapeake Bay; Firing Range protected, through regulations.gov or SDZ. The proposed modification email. The regulations.gov website is an identifies an area within the current of AGENCY: United States Army Corps of anonymous access system, which means the danger zone where live fire exercises Engineers, Department of Defense. we will not know your identity or are no longer conducted and no ACTION: Notice of proposed rulemaking contact information unless you provide restriction to surface navigation exists. and request for comments. it in the body of your comment. If you send an email directly to the Corps Procedural Requirements SUMMARY: The Corps of Engineers is without going through regulations.gov, a. Review Under Executive Orders proposing to amend an existing your email address will be 12866 and 13563 permanent danger zone in the waters of automatically captured and included as Executive Orders 12866 and 13563 the Atlantic Ocean south of the entrance part of the comment that is placed in the direct agencies to assess the costs and to the Chesapeake Bay off of the coast public docket and made available on the benefits of available regulatory of Virginia. For decades, the Dam Neck internet. If you submit an electronic alternatives and, if regulation is Surface Danger Zone (SDZ) served as a comment, we recommend that you necessary, to select regulatory firing range for gunnery training at what include your name and other contact approaches that maximize net benefits. is now Naval Air Station Oceana’s Dam information in the body of your Executive Order 13771 directs agencies Neck Annex. While the Navy continues comment and with compact disc you to control regulatory costs through a to use the SDZ for training, fixed-mount may submit. If we cannot read your budgeting process. This proposed rule gunnery operations have not been comment because of technical has not been designated a ‘‘significant conducted there for over 30 years. The difficulties and cannot contact you for regulatory action,’’ under Executive proposed amendment is necessary to clarification, we may not be able to Order 12866. Accordingly, this accurately identify the hazards consider your comment. Electronic proposed rule has not been reviewed by associated with training and mission comments should avoid the use of any the Office of Management and Budget operations to protect the public. The special characters, any form of (OMB), and pursuant to OMB guidance proposed amendment will identify the encryption, and be free of any defects or it is exempt from the requirements of area within the current danger zone viruses. boundary where live fire exercises are Docket: For access to the docket to Executive Order 13771. no longer conducted and no restriction read background documents or The Corps determined this proposed to surface navigation exists. In addition, comments received, go to rule is not a significant regulatory the proposed amendment will remove www.regulations.gov. All documents in action. This regulatory action references to live fire range conditions the docket are listed. Although listed in determination is based on the proposed and safety procedures as shore-to-sea the index, some information is not rule governing the danger zone, which gunnery operations are no longer publicly available, such as CBI or other allow any vessel that needs to transit the conducted. information whose disclosure is danger zone to expeditiously transit restricted by statute. Certain other through the danger zone when the small DATES: Written comments must be arms range is in use. When the range is submitted on or before March 15, 2019. material, such as copyrighted material, is not placed on the internet and will be not in use, the danger zone will be open ADDRESSES: You may submit comments, to normal maritime traffic and to all identified by docket number COE– publicly available only in hard copy form. activities, include anchoring and 2018–0007, by any of the following loitering. The proposed rule is issued methods: FOR FURTHER INFORMATION CONTACT: Mr. with respect to a military function of the Federal eRulemaking Portal: http:// David Olson, Headquarters, Operations Department of Defense and the www.regulations.gov. Follow the and Regulatory Community of Practice, provisions of Executive Order 12866 do instructions for submitting comments. Washington, DC at 202–761–4922, or not apply. Email: [email protected]. Ms. Nicole Woodward, Corps of Include the docket number, COE–2018– Engineers, Norfolk District, Regulatory b. Review Under the Regulatory 0007, in the subject line of the message. Branch, at 757–201–7122. Flexibility Act Mail: U.S. Army Corps of Engineers, SUPPLEMENTARY INFORMATION: Pursuant This proposed rule has been reviewed Attn: CECW–CO–R (David B. Olson), to its authorities in Section 7 of the under the Regulatory Flexibility Act 441 G Street NW, Washington, DC Rivers and Harbors Act of 1917 (40 Stat. (Pub. L. 96–354). The Regulatory 20314–1000. 266; 33 U.S.C. 1) and Chapter XIX of the Flexibility Act generally requires an

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