during operations that result in the conditions specified above.
    This requirement will constitute a new collection of information,
and the FAA has submitted it to OMB for review and a control number.
Notice of OMB approval for this information collection will be
published in a future Federal Register document.
    Use: The above requirements will be used by the FAA to ensure
proper oversight of small UAS operations. A report of an accident that
results in an injury to a person or property damage may serve to
initiate an FAA investigation into whether FAA regulations were
violated.
Annual Burden Estimate
    There is one page of paperwork associated with reporting an
accident and it will take an applicant 0.25 hours to complete. The FAA
does not have the data needed to quantify the paperwork burden imposed
by this requirement.
3. Emergency Powers
    Summary: The remote pilot in command must, upon FAA request, submit
a report to the FAA if he or she has exercises his or her emergency
powers. This report must provide a detailed explanation of what
happened.
    Use: The above requirements will be used by the FAA to ensure
proper oversight of small UAS operations. A report will help the FAA to
better understand the reasons for a pilot deviating from part 107.
Annual Burden Estimate
    There is one page of paperwork associated with reporting the use of
emergency powers that will take an applicant 0.3 hours to complete. The
FAA does not have the data needed to quantify the paperwork burden
imposed by this requirement.
    The above requirements do not result in a new collection of
information, but instead expand an existing collection of information
that is approved under OMB control number 2120-0005. This collection of
information governs, among other things, reports that are provided to
the FAA by pilots in command who have exercised emergency powers. The
above requirements will increase the burden of this already-existing
collection of information.
4. Certificate of Waiver
    The certificate of waiver will allow a remote pilot in command
conducting a small UAS operation to deviate from certain provisions of
part 107. To obtain a certificate of waiver, an applicant will submit a
request containing a complete description of the proposed operation and
a justification, including supporting data and documentation as
necessary, that establishes that the proposed operation can safely be
conducted under the terms of a certificate of waiver.
    The FAA expects that the amount of data and analysis required as
part of the application will be proportional to the specific relief
that is requested. Similarly, the FAA anticipates that the time
required to make a determination regarding waiver requests will vary
based on the complexity of the request. For example, a request for a
major deviation from part 107 for an operation that takes place in a
congested metropolitan area with heavy air traffic will likely require
more data and analysis than a request for a minor deviation for an
operation that takes place in a sparsely populated area with minimal
air traffic. If a certificate of waiver is granted, that certificate
may include additional conditions and limitations designed to ensure
that the small UAS operation can safely be conducted under the terms of
a certificate of waiver.
Use
    This collection of information by the FAA governs applicants
requesting a certificate of waiver for an aviation event. The above
requirements will increase the burden of this already-existing
collection of information.
Annual Burden Estimate
    The above requirements will not result in a new collection of
information, but will instead expand an existing OMB-approved
collection of information that is approved under OMB control number
2120-0027. We cannot quantify total costs, over the 5-year analysis
period for waiver activities because The FAA does not have the
information to estimate the number of waiver requests it will receive,
but expects that individuals would apply for waivers only in instances
in which the benefits exceed the costs. The application for certificate
of waiver is a minimum of three pages and it is estimated to take at
least 0.75 hours to complete.
5. Total Annual Burden Estimate
    The total annualized burden estimate of the information-collection
requirements associated with this rule is as follows:

----------------------------------------------------------------------------------------------------------------
                                          Total no. of pages
        Final rule requirement                (millions)         Total cost (millions)    Annual cost (millions)
----------------------------------------------------------------------------------------------------------------
Low Case:
    Remote Pilot Certificate.........  17.3...................  $19.4..................  $6.5
    Accident Reporting...............  Unknown................  Unknown................  Unknown
    Emergency Powers.................  Unknown................  Unknown................  Unknown
    Certificate of Waiver............  Unknown................  Unknown................  Unknown
High Case:
    Remote Pilot Certificate.........  236.4..................  $261.3.................  $87.1
    Accident Reporting...............  Unknown................  Unknown................  Unknown
    Emergency Powers.................  Unknown................  Unknown................  Unknown
    Certificate of Waiver............  Unknown................  Unknown................  Unknown
----------------------------------------------------------------------------------------------------------------

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the

absence of extraordinary circumstances. The FAA has determined this
rulemaking action qualifies for the categorical exclusion identified in
paragraph 5-6.6f and involves no extraordinary circumstances. The FAA
has documented the categorical exclusion, including its noise analysis
and review of the potential for extraordinary circumstances, and has
placed a copy of it in the docket for this rule.

H. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the FAA, when modifying its regulations in a manner
affecting intrastate aviation in Alaska, to consider the extent to
which Alaska is not served by transportation modes other than aviation,
and to establish appropriate regulatory distinctions. In the NPRM, the
FAA requested comments on whether the proposed rule should apply
differently to intrastate operations in Alaska. The agency did not
receive any comments, and has determined, based on the administrative
record of this rulemaking, that there is no need to make any regulatory
distinctions applicable to intrastate aviation in Alaska.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.

B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation. The Department
continues to participate in the evaluation of ICAO's SARPs and any
recommended updates to reflect amendments necessary to address issues
unique to the operation of remotely piloted aircraft.

VI. Additional Information

A. Availability of Rulemaking Documents

    An electronic copy of rulemaking documents may be obtained from the
Internet by--

     Searching the Federal eRulemaking Portal (http://www.regulations.gov);
     Visiting the FAA's Regulations and Policies Web page at
http://www.faa.gov/regulations_policies or
     Accessing the Government Publishing Office's Web page
at http://www.gpo.gov/fdsys/.

    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or amendment number of this
rulemaking.
    All documents the FAA considered in developing this rule, including
economic analyses and technical reports, may be accessed from the
Internet through the Federal eRulemaking Portal referenced previously.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 21

    Aircraft, Aviation safety, Recording and recordkeeping
requirements.

14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

14 CFR Part 61

    Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse,
Recreation and recreation areas, Reporting and recordkeeping
requirements, Security measures, Teachers.

14 CFR Part 91

    Air traffic control, Aircraft, Airmen, Airports, Aviation safety,
Reporting and recordkeeping requirements.

14 CFR Part 101

    Aircraft, Aviation Safety.

14 CFR Part 107

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements, Security measures, Signs and symbols, Small unmanned
aircraft, Unmanned aircraft.

14 CFR Part 119

    Air carriers, Aircraft, Aviation safety.

14 CFR Part 133

    Aircraft, Aviation safety.

14 CFR Part 183

    Airmen, Authority delegations (Government agencies).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

0
1. The authority citation for part 21 is revised to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(f), 106(g), 40101 note,
40105, 40113, 44701-44702, 44704, 44707, 44709, 44711, 44713, 44715,
45303; Sec. 333 of Public Law 112-95, 126 Stat. 75.

0
2. In Sec.  21.1, revise paragraph (a) introductory text to read as
follows:

Sec.  21.1  Applicability and definitions.

    (a) Except for aircraft subject to the provisions of part 107 of
this chapter, this part prescribes--
* * * * *

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION

0
3. The authority citation for part 43 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44703, 44705,
44707, 44711, 44713, 44717, 44725.

0
4. In Sec.  43.1, revise paragraph (b) to read as follows:

Sec.  43.1  Applicability.

* * * * *
    (b) This part does not apply to--
    (1) Any aircraft for which the FAA has issued an experimental
certificate, unless the FAA has previously issued a different kind of
airworthiness certificate for that aircraft;
    (2) Any aircraft for which the FAA has issued an experimental
certificate under the provisions of Sec.  21.191(i)(3) of this chapter,
and the aircraft was previously issued a special airworthiness
certificate in the light-sport category under the provisions of Sec.
21.190 of this chapter; or
    (3) Any aircraft subject to the provisions of part 107 of this
chapter.
* * * * *

PART 61--CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS

0
5. The authority citation for part 61 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44703, 44707,
44709-44711, 44729, 44903, 45102-45103, 45301-45302.

0
6. In Sec.  61.1, revise paragraph (a) introductory text to read as
follows:

Sec.  61.1  Applicability and definitions.

    (a) Except as provided in part 107 of this chapter, this part
prescribes:
* * * * *

0
7. Add Sec.  61.8 to read as follows:

Sec.  61.8  Inapplicability of unmanned aircraft operations.

    Any action conducted pursuant to part 107 of this chapter or
Subpart E of part 101 of this chapter cannot be used to meet the
requirements of this part.

0
8. In Sec.  61.193, revise paragraph (b) to read as follows:

Sec.  61.193  Flight instructor privileges.

* * * * *
    (b) A person who holds a flight instructor certificate is
authorized, in a form and manner acceptable to the Administrator, to:
    (1) Accept an application for a student pilot certificate or, for
an applicant who holds a pilot certificate (other than a student pilot
certificate) issued under part 61 of this chapter and meets the flight
review requirements specified in Sec.  61.56, a remote pilot
certificate with a small UAS rating;
    (2) Verify the identity of the applicant; and
    (3) Verify that an applicant for a student pilot certificate meets
the eligibility requirements in Sec.  61.83 or an applicant for a
remote pilot certificate with a small UAS rating meets the eligibility
requirements in Sec.  107.61 of this chapter.

0
9. In Sec.  61.413, revise paragraph (b) to read as follows:

Sec.  61.413  What are the privileges of my flight instructor
certificate with a sport pilot rating?

* * * * *
    (b) A person who holds a flight instructor certificate with a sport
pilot rating is authorized, in a form and manner acceptable to the
Administrator, to:
    (1) Accept an application for a student pilot certificate or, for
an applicant who holds a pilot certificate (other than a student pilot
certificate) issued under part 61 of this chapter and meets the flight
review requirements specified in Sec.  61.56, a remote pilot
certificate with a small UAS rating;
    (2) Verify the identity of the applicant; and
    (3) Verify that an applicant for a student pilot certificate meets
the eligibility requirements in Sec.  61.83.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
10. The authority citation for part 91 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 1155, 40101, 40103, 40105,
40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507,
47122, 47508, 47528-47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation (61 Stat. 1180), (126
Stat. 11).

0
11. In Sec.  91.1, revise paragraph (a) introductory text and add
paragraphs (e) and (f) to read as follows:

Sec.  91.1  Applicability.

    (a) Except as provided in paragraphs (b), (c), (e), and (f) of this
section and Sec. Sec.  91.701 and 91.703, this part prescribes rules
governing the operation of aircraft within the United States, including
the waters within 3 nautical miles of the U.S. coast.
* * * * *
    (e) This part does not apply to any aircraft or vehicle governed by
part 103 of this chapter, or subparts B, C, or D of part 101 of this
chapter.
    (f) Except as provided in Sec. Sec.  107.13, 107.27, 107.47,
107.57, and 107.59 of this chapter, this part does not apply to any
aircraft governed by part 107 of this chapter.

PART 101--MOORED BALLOONS, KITES, AMATEUR ROCKETS, UNMANNED FREE
BALLOONS, AND CERTAIN MODEL AIRCRAFT

0
12. The authority citation for part 101 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101 note, 40103, 40113-
40114, 45302, 44502, 44514, 44701-44702, 44721, 46308, Sec. 336(b),
Pub. L. 112-95, 126 Stat. 77.

0
13. The heading for part 101 is revised to read as set forth above.

0
14. In Sec.  101.1, add paragraph (a)(5) to read as follows:

Sec.  101.1  Applicability.

    (a) * * *
    (5) Any model aircraft that meets the conditions specified in Sec.
101.41. For purposes of this part, a model aircraft is an unmanned
aircraft that is:
    (i) Capable of sustained flight in the atmosphere;
    (ii) Flown within visual line of sight of the person operating the
aircraft; and
    (iii) Flown for hobby or recreational purposes.
* * * * *

0
15. Add subpart E, consisting of Sec. Sec.  101.41 and 101.43, to read
as follows:

Subpart E--Special Rule for Model Aircraft

Sec.  101.41  Applicability.

    This subpart prescribes rules governing the operation of a model
aircraft (or an aircraft being developed as a model aircraft) that
meets all of the following conditions as set forth in section 336 of
Public Law 112-95:
    (a) The aircraft is flown strictly for hobby or recreational use;
    (b) The aircraft is operated in accordance with a community-based
set of safety guidelines and within the programming of a nationwide
community-based organization;
    (c) The aircraft is limited to not more than 55 pounds unless
otherwise certified through a design, construction, inspection, flight
test, and operational safety program administered by a community-based
organization;

    (d) The aircraft is operated in a manner that does not interfere
with and gives way to any manned aircraft; and
    (e) When flown within 5 miles of an airport, the operator of the
aircraft provides the airport operator and the airport air traffic
control tower (when an air traffic facility is located at the airport)
with prior notice of the operation.

Sec.  101.43  Endangering the safety of the National Airspace System.

    No person may operate model aircraft so as to endanger the safety
of the national airspace system.

0
16. Add part 107 to read as follows:

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

Sec.
Subpart A--General
107.1 Applicability.
107.3 Definitions.
107.5 Falsification, reproduction or alteration.
107.7 Inspection, testing, and demonstration of compliance.
107.9 Accident reporting.
Subpart B--Operating Rules
107.11 Applicability.
107.12 Requirement for a remote pilot certificate with a small UAS
rating.
107.13 Registration.
107.15 Condition for safe operation.
107.17 Medical condition.
107.19 Remote pilot in command.
107.21 In-flight emergency.
107.23 Hazardous operation.
107.25 Operation from a moving vehicle or aircraft.
107.27 Alcohol or drugs.
107.29 Daylight operation.
107.31 Visual line of sight aircraft operation.
107.33 Visual observer.
107.35 Operation of multiple small unmanned aircraft.
107.36 Carriage of hazardous material.
107.37 Operation near aircraft; right-of-way rules.
107.39 Operation over human beings.
107.41 Operation in certain airspace.
107.43 Operation in the vicinity of airports.
107.45 Operation in prohibited or restricted areas.
107.47 Flight restrictions in the proximity of certain areas
designated by notice to airmen.
107.49 Preflight familiarization, inspection, and actions for
aircraft operation.
107.51 Operating limitations for small unmanned aircraft.
Subpart C--Remote Pilot Certification
107.53 Applicability.
107.57 Offenses involving alcohol or drugs.
107.59 Refusal to submit to an alcohol test or to furnish test
results.
107.61 Eligibility.
107.63 Issuance of a remote pilot certificate with a small UAS
rating.
107.64 Temporary certificate.
107.65 Aeronautical knowledge recency.
107.67 Knowledge tests: General procedures and passing grades.
107.69 Knowledge tests: Cheating or other unauthorized conduct.
107.71 Retesting after failure.
107.73 Initial and recurrent knowledge tests.
107.74 Initial and recurrent training courses.
107.77 Change of name or address.
107.79 Voluntary surrender of certificate.
Subpart D--Waivers
107.200 Waiver policy and requirements.
107.205 List of regulations subject to waiver.

    Authority: 49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5);
Sec. 333 of Pub. L. 112-95, 126 Stat. 75.

Subpart A--General

Sec.  107.1  Applicability.

    (a) Except as provided in paragraph (b) of this section, this part
applies to the registration, airman certification, and operation of
civil small unmanned aircraft systems within the United States.
    (b) This part does not apply to the following:
    (1) Air carrier operations;
    (2) Any aircraft subject to the provisions of part 101 of this
chapter; or
    (3) Any operation that a remote pilot in command elects to conduct
pursuant to an exemption issued under section 333 of Public Law 112-95,
unless otherwise specified in the exemption.

Sec.  107.3  Definitions.

    The following definitions apply to this part. If there is a
conflict between the definitions of this part and definitions specified
in Sec.  1.1 of this chapter, the definitions in this part control for
purposes of this part:
    Control station means an interface used by the remote pilot to
control the flight path of the small unmanned aircraft.
    Corrective lenses means spectacles or contact lenses.
    Small unmanned aircraft means an unmanned aircraft weighing less
than 55 pounds on takeoff, including everything that is on board or
otherwise attached to the aircraft.
    Small unmanned aircraft system (small UAS) means a small unmanned
aircraft and its associated elements (including communication links and
the components that control the small unmanned aircraft) that are
required for the safe and efficient operation of the small unmanned
aircraft in the national airspace system.
    Unmanned aircraft means an aircraft operated without the
possibility of direct human intervention from within or on the
aircraft.
    Visual observer means a person who is designated by the remote
pilot in command to assist the remote pilot in command and the person
manipulating the flight controls of the small UAS to see and avoid
other air traffic or objects aloft or on the ground.

Sec.  107.5  Falsification, reproduction or alteration.

    (a) No person may make or cause to be made--
    (1) Any fraudulent or intentionally false record or report that is
required to be made, kept, or used to show compliance with any
requirement under this part.
    (2) Any reproduction or alteration, for fraudulent purpose, of any
certificate, rating, authorization, record or report under this part.
    (b) The commission by any person of an act prohibited under
paragraph (a) of this section is a basis for any of the following:
    (1) Denial of an application for a remote pilot certificate or a
certificate of waiver,
    (2) Suspension or revocation of any certificate or waiver issued by
the Administrator under this part and held by that person; or
    (3) A civil penalty.

Sec.  107.7  Inspection, testing, and demonstration of compliance.

    (a) A remote pilot in command, owner, or person manipulating the
flight controls of a small unmanned aircraft system must, upon request,
make available to the Administrator:
    (1) The remote pilot certificate with a small UAS rating; and
    (2) Any other document, record, or report required to be kept under
the regulations of this chapter.
    (b) The remote pilot in command, visual observer, owner, operator,
or person manipulating the flight controls of a small unmanned aircraft
system must, upon request, allow the Administrator to make any test or
inspection of the small unmanned aircraft system, the remote pilot in
command, the person manipulating the flight controls of a small
unmanned aircraft system, and, if applicable, the visual observer to
determine compliance with this part.

Sec.  107.9  Accident reporting.

    No later than 10 calendar days after an operation that meets the
criteria of either paragraph (a) or (b) of this section, a remote pilot
in command must report to the FAA, in a manner acceptable to the
Administrator, any

operation of the small unmanned aircraft involving at least:
    (a) Serious injury to any person or any loss of consciousness; or
    (b) Damage to any property, other than the small unmanned aircraft,
unless one of the following conditions is satisfied:
    (1) The cost of repair (including materials and labor) does not
exceed $500; or
    (2) The fair market value of the property does not exceed $500 in
the event of total loss.

Subpart B--Operating Rules

Sec.  107.11  Applicability.

    This subpart applies to the operation of all civil small unmanned
aircraft systems subject to this part.

Sec.  107.12  Requirement for a remote pilot certificate with a small
UAS rating.

    (a) Except as provided in paragraph (c) of this section, no person
may manipulate the flight controls of a small unmanned aircraft system
unless:
    (1) That person has a remote pilot certificate with a small UAS
rating issued pursuant to subpart C of this part and satisfies the
requirements of Sec.  107.65; or
    (2) That person is under the direct supervision of a remote pilot
in command and the remote pilot in command has the ability to
immediately take direct control of the flight of the small unmanned
aircraft.
    (b) Except as provided in paragraph (c) of this section, no person
may act as a remote pilot in command unless that person has a remote
pilot certificate with a small UAS rating issued pursuant to Subpart C
of this part and satisfies the requirements of Sec.  107.65.
    (c) The Administrator may, consistent with international standards,
authorize an airman to operate a civil foreign-registered small
unmanned aircraft without an FAA-issued remote pilot certificate with a
small UAS rating.

Sec.  107.13  Registration.

    A person operating a civil small unmanned aircraft system for
purposes of flight must comply with the provisions of Sec.
91.203(a)(2) of this chapter.

Sec.  107.15  Condition for safe operation.

    (a) No person may operate a civil small unmanned aircraft system
unless it is in a condition for safe operation. Prior to each flight,
the remote pilot in command must check the small unmanned aircraft
system to determine whether it is in a condition for safe operation.
    (b) No person may continue flight of the small unmanned aircraft
when he or she knows or has reason to know that the small unmanned
aircraft system is no longer in a condition for safe operation.

Sec.  107.17  Medical condition.

    No person may manipulate the flight controls of a small unmanned
aircraft system or act as a remote pilot in command, visual observer,
or direct participant in the operation of the small unmanned aircraft
if he or she knows or has reason to know that he or she has a physical
or mental condition that would interfere with the safe operation of the
small unmanned aircraft system.

Sec.  107.19  Remote pilot in command.

    (a) A remote pilot in command must be designated before or during
the flight of the small unmanned aircraft.
    (b) The remote pilot in command is directly responsible for and is
the final authority as to the operation of the small unmanned aircraft
system.
    (c) The remote pilot in command must ensure that the small unmanned
aircraft will pose no undue hazard to other people, other aircraft, or
other property in the event of a loss of control of the aircraft for
any reason.
    (d) The remote pilot in command must ensure that the small UAS
operation complies with all applicable regulations of this chapter.
    (e) The remote pilot in command must have the ability to direct the
small unmanned aircraft to ensure compliance with the applicable
provisions of this chapter.

Sec.  107.21  In-flight emergency.

    (a) In an in-flight emergency requiring immediate action, the
remote pilot in command may deviate from any rule of this part to the
extent necessary to meet that emergency.
    (b) Each remote pilot in command who deviates from a rule under
paragraph (a) of this section must, upon request of the Administrator,
send a written report of that deviation to the Administrator.

Sec.  107.23  Hazardous operation.

    No person may:
    (a) Operate a small unmanned aircraft system in a careless or
reckless manner so as to endanger the life or property of another; or
    (b) Allow an object to be dropped from a small unmanned aircraft in
a manner that creates an undue hazard to persons or property.

Sec.  107.25  Operation from a moving vehicle or aircraft.

    No person may operate a small unmanned aircraft system--
    (a) From a moving aircraft; or
    (b) From a moving land or water-borne vehicle unless the small
unmanned aircraft is flown over a sparsely populated area and is not
transporting another person's property for compensation or hire.

Sec.  107.27  Alcohol or drugs.

    A person manipulating the flight controls of a small unmanned
aircraft system or acting as a remote pilot in command or visual
observer must comply with the provisions of Sec. Sec.  91.17 and 91.19
of this chapter.

Sec.  107.29  Daylight operation.

    (a) No person may operate a small unmanned aircraft system during
night.
    (b) No person may operate a small unmanned aircraft system during
periods of civil twilight unless the small unmanned aircraft has
lighted anti-collision lighting visible for at least 3 statute miles.
The remote pilot in command may reduce the intensity of the anti-
collision lighting if he or she determines that, because of operating
conditions, it would be in the interest of safety to do so.
    (c) For purposes of paragraph (b) of this section, civil twilight
refers to the following:
    (1) Except for Alaska, a period of time that begins 30 minutes
before official sunrise and ends at official sunrise;
    (2) Except for Alaska, a period of time that begins at official
sunset and ends 30 minutes after official sunset; and
    (3) In Alaska, the period of civil twilight as defined in the Air
Almanac.

Sec.  107.31  Visual line of sight aircraft operation.

    (a) With vision that is unaided by any device other than corrective
lenses, the remote pilot in command, the visual observer (if one is
used), and the person manipulating the flight control of the small
unmanned aircraft system must be able to see the unmanned aircraft
throughout the entire flight in order to:
    (1) Know the unmanned aircraft's location;
    (2) Determine the unmanned aircraft's attitude, altitude, and
direction of flight;
    (3) Observe the airspace for other air traffic or hazards; and
    (4) Determine that the unmanned aircraft does not endanger the life
or property of another.
    (b) Throughout the entire flight of the small unmanned aircraft,
the ability described in paragraph (a) of this section must be
exercised by either:

    (1) The remote pilot in command and the person manipulating the
flight controls of the small unmanned aircraft system; or
    (2) A visual observer.

Sec.  107.33  Visual observer.

    If a visual observer is used during the aircraft operation, all of
the following requirements must be met:
    (a) The remote pilot in command, the person manipulating the flight
controls of the small unmanned aircraft system, and the visual observer
must maintain effective communication with each other at all times.
    (b) The remote pilot in command must ensure that the visual
observer is able to see the unmanned aircraft in the manner specified
in Sec.  107.31.
    (c) The remote pilot in command, the person manipulating the flight
controls of the small unmanned aircraft system, and the visual observer
must coordinate to do the following:
    (1) Scan the airspace where the small unmanned aircraft is
operating for any potential collision hazard; and
    (2) Maintain awareness of the position of the small unmanned
aircraft through direct visual observation.

Sec.  107.35  Operation of multiple small unmanned aircraft.

    A person may not operate or act as a remote pilot in command or
visual observer in the operation of more than one unmanned aircraft at
the same time.

Sec.  107.36  Carriage of hazardous material.

    A small unmanned aircraft may not carry hazardous material. For
purposes of this section, the term hazardous material is defined in 49
CFR 171.8.

Sec.  107.37  Operation near aircraft; right-of-way rules.

    (a) Each small unmanned aircraft must yield the right of way to all
aircraft, airborne vehicles, and launch and reentry vehicles. Yielding
the right of way means that the small unmanned aircraft must give way
to the aircraft or vehicle and may not pass over, under, or ahead of it
unless well clear.
    (b) No person may operate a small unmanned aircraft so close to
another aircraft as to create a collision hazard.

Sec.  107.39  Operation over human beings.

    No person may operate a small unmanned aircraft over a human being
unless that human being is:
    (a) Directly participating in the operation of the small unmanned
aircraft; or
    (b) Located under a covered structure or inside a stationary
vehicle that can provide reasonable protection from a falling small
unmanned aircraft.

Sec.  107.41  Operation in certain airspace.

    No person may operate a small unmanned aircraft in Class B, Class
C, or Class D airspace or within the lateral boundaries of the surface
area of Class E airspace designated for an airport unless that person
has prior authorization from Air Traffic Control (ATC).

Sec.  107.43  Operation in the vicinity of airports.

    No person may operate a small unmanned aircraft in a manner that
interferes with operations and traffic patterns at any airport,
heliport, or seaplane base.

Sec.  107.45  Operation in prohibited or restricted areas.

    No person may operate a small unmanned aircraft in prohibited or
restricted areas unless that person has permission from the using or
controlling agency, as appropriate.

Sec.  107.47  Flight restrictions in the proximity of certain areas
designated by notice to airmen.

    A person acting as a remote pilot in command must comply with the
provisions of Sec. Sec.  91.137 through 91.145 and 99.7 of this
chapter.

Sec.  107.49  Preflight familiarization, inspection, and actions for
aircraft operation.

    Prior to flight, the remote pilot in command must:
    (a) Assess the operating environment, considering risks to persons
and property in the immediate vicinity both on the surface and in the
air. This assessment must include:
    (1) Local weather conditions;
    (2) Local airspace and any flight restrictions;
    (3) The location of persons and property on the surface; and
    (4) Other ground hazards.
    (b) Ensure that all persons directly participating in the small
unmanned aircraft operation are informed about the operating
conditions, emergency procedures, contingency procedures, roles and
responsibilities, and potential hazards;
    (c) Ensure that all control links between ground control station
and the small unmanned aircraft are working properly;
    (d) If the small unmanned aircraft is powered, ensure that there is
enough available power for the small unmanned aircraft system to
operate for the intended operational time; and
    (e) Ensure that any object attached or carried by the small
unmanned aircraft is secure and does not adversely affect the flight
characteristics or controllability of the aircraft.

Sec.  107.51  Operating limitations for small unmanned aircraft.

    A remote pilot in command and the person manipulating the flight
controls of the small unmanned aircraft system must comply with all of
the following operating limitations when operating a small unmanned
aircraft system:
    (a) The groundspeed of the small unmanned aircraft may not exceed
87 knots (100 miles per hour).
    (b) The altitude of the small unmanned aircraft cannot be higher
than 400 feet above ground level, unless the small unmanned aircraft:
    (1) Is flown within a 400-foot radius of a structure; and
    (2) Does not fly higher than 400 feet above the structure's
immediate uppermost limit.
    (c) The minimum flight visibility, as observed from the location of
the control station must be no less than 3 statute miles. For purposes
of this section, flight visibility means the average slant distance
from the control station at which prominent unlighted objects may be
seen and identified by day and prominent lighted objects may be seen
and identified by night.
    (d) The minimum distance of the small unmanned aircraft from clouds
must be no less than:
    (1) 500 feet below the cloud; and
    (2) 2,000 feet horizontally from the cloud.

Subpart C--Remote Pilot Certification

Sec.  107.53  Applicability.

    This subpart prescribes the requirements for issuing a remote pilot
certificate with a small UAS rating.

Sec.  107.57  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or State statute
relating to the growing, processing, manufacture, sale, disposition,
possession, transportation, or importation of narcotic drugs,
marijuana, or depressant or stimulant drugs or substances is grounds
for:
    (1) Denial of an application for a remote pilot certificate with a
small UAS rating for a period of up to 1 year after the date of final
conviction; or
    (2) Suspension or revocation of a remote pilot certificate with a
small UAS rating.
    (b) Committing an act prohibited by Sec.  91.17(a) or Sec.
91.19(a) of this chapter is grounds for:
    (1) Denial of an application for a remote pilot certificate with a
small UAS rating for a period of up to 1 year after the date of that
act; or

    (2) Suspension or revocation of a remote pilot certificate with a
small UAS rating.

Sec.  107.59  Refusal to submit to an alcohol test or to furnish test
results.

    A refusal to submit to a test to indicate the percentage by weight
of alcohol in the blood, when requested by a law enforcement officer in
accordance with Sec.  91.17(c) of this chapter, or a refusal to furnish
or authorize the release of the test results requested by the
Administrator in accordance with Sec.  91.17(c) or (d) of this chapter,
is grounds for:
    (a) Denial of an application for a remote pilot certificate with a
small UAS rating for a period of up to 1 year after the date of that
refusal; or
    (b) Suspension or revocation of a remote pilot certificate with a
small UAS rating.

Sec.  107.61  Eligibility.

    Subject to the provisions of Sec. Sec.  107.57 and 107.59, in order
to be eligible for a remote pilot certificate with a small UAS rating
under this subpart, a person must:
    (a) Be at least 16 years of age;
    (b) Be able to read, speak, write, and understand the English
language. If the applicant is unable to meet one of these requirements
due to medical reasons, the FAA may place such operating limitations on
that applicant's certificate as are necessary for the safe operation of
the small unmanned aircraft;
    (c) Not know or have reason to know that he or she has a physical
or mental condition that would interfere with the safe operation of a
small unmanned aircraft system; and
    (d) Demonstrate aeronautical knowledge by satisfying one of the
following conditions:
    (1) Pass an initial aeronautical knowledge test covering the areas
of knowledge specified in Sec.  107.73(a); or
    (2) If a person holds a pilot certificate (other than a student
pilot certificate) issued under part 61 of this chapter and meets the
flight review requirements specified in Sec.  61.56, complete an
initial training course covering the areas of knowledge specified in
Sec.  107.74(a) in a manner acceptable to the Administrator.

Sec.  107.63  Issuance of a remote pilot certificate with a small UAS
rating.

    An applicant for a remote pilot certificate with a small UAS rating
under this subpart must make the application in a form and manner
acceptable to the Administrator.
    (a) The application must include either:
    (1) Evidence showing that the applicant passed an initial
aeronautical knowledge test. If applying using a paper application,
this evidence must be an airman knowledge test report showing passage
of the knowledge test; or
    (2) If a person holds a pilot certificate (other than a student
pilot certificate) issued under part 61 of this chapter and meets the
flight review requirements specified in Sec.  61.56, a certificate of
completion of a part 107 initial training course.
    (b) If the application is being made pursuant to paragraph (a)(2)
of this section:
    (1) The application must be submitted to a Flight Standards
District Office, a designated pilot examiner, an airman certification
representative for a pilot school, a certificated flight instructor, or
other person authorized by the Administrator;
    (2) The person accepting the application submission must verify the
identity of the applicant in a manner acceptable to the Administrator;
and
    (3) The person making the application must, by logbook endorsement
or other manner acceptable to the Administrator, show the applicant
meets the flight review requirements specified in Sec.  61.56 of this
chapter.

Sec.  107.64  Temporary certificate.

    (a) A temporary remote pilot certificate with a small UAS rating is
issued for up to 120 calendar days, at which time a permanent
certificate will be issued to a person whom the Administrator finds
qualified under this part.
    (b) A temporary remote pilot certificate with a small UAS rating
expires:
    (1) On the expiration date shown on the certificate;
    (2) Upon receipt of the permanent certificate; or
    (3) Upon receipt of a notice that the certificate sought is denied
or revoked.

Sec.  107.65  Aeronautical knowledge recency.

    A person may not operate a small unmanned aircraft system unless
that person has completed one of the following, within the previous 24
calendar months:
    (a) Passed an initial aeronautical knowledge test covering the
areas of knowledge specified in Sec.  107.73(a);
    (b) Passed a recurrent aeronautical knowledge test covering the
areas of knowledge specified in Sec.  107.73(b); or
    (c) If a person holds a pilot certificate (other than a student
pilot certificate) issued under part 61 of this chapter and meets the
flight review requirements specified in Sec.  Sec.  61.56, passed
either an initial or recurrent training course covering the areas of
knowledge specified in Sec.  107.74(a) or (b) in a manner acceptable to
the Administrator.

Sec.  107.67  Knowledge tests: General procedures and passing grades.

    (a) Knowledge tests prescribed by or under this part are given by
persons and in the manner designated by the Administrator.
    (b) An applicant for a knowledge test must have proper
identification at the time of application that contains the
applicant's:
    (1) Photograph;
    (2) Signature;
    (3) Date of birth, which shows the applicant meets or will meet the
age requirements of this part for the certificate and rating sought
before the expiration date of the airman knowledge test report; and
    (4) Permanent mailing address. If the applicant's permanent mailing
address is a post office box number, then the applicant must also
provide a current residential address.
    (c) The minimum passing grade for the knowledge test will be
specified by the Administrator.

Sec.  107.69  Knowledge tests: Cheating or other unauthorized conduct.

    (a) An applicant for a knowledge test may not:
    (1) Copy or intentionally remove any knowledge test;
    (2) Give to another applicant or receive from another applicant any
part or copy of a knowledge test;
    (3) Give or receive assistance on a knowledge test during the
period that test is being given;
    (4) Take any part of a knowledge test on behalf of another person;
    (5) Be represented by, or represent, another person for a knowledge
test;
    (6) Use any material or aid during the period that the test is
being given, unless specifically authorized to do so by the
Administrator; and
    (7) Intentionally cause, assist, or participate in any act
prohibited by this paragraph.
    (b) An applicant who the Administrator finds has committed an act
prohibited by paragraph (a) of this section is prohibited, for 1 year
after the date of committing that act, from:
    (1) Applying for any certificate, rating, or authorization issued
under this chapter; and
    (2) Applying for and taking any test under this chapter.
    (c) Any certificate or rating held by an applicant may be suspended
or revoked if the Administrator finds that person has committed an act
prohibited by paragraph (a) of this section.

Sec.  107.71  Retesting after failure.

    An applicant for a knowledge test who fails that test may not
reapply for the test for 14 calendar days after failing the test.

Sec.  107.73  Initial and recurrent knowledge tests.

    (a) An initial aeronautical knowledge test covers the following
areas of knowledge:
    (1) Applicable regulations relating to small unmanned aircraft
system rating privileges, limitations, and flight operation;
    (2) Airspace classification, operating requirements, and flight
restrictions affecting small unmanned aircraft operation;
    (3) Aviation weather sources and effects of weather on small
unmanned aircraft performance;
    (4) Small unmanned aircraft loading;
    (5) Emergency procedures;
    (6) Crew resource management;
    (7) Radio communication procedures;
    (8) Determining the performance of small unmanned aircraft;
    (9) Physiological effects of drugs and alcohol;
    (10) Aeronautical decision-making and judgment;
    (11) Airport operations; and
    (12) Maintenance and preflight inspection procedures.
    (b) A recurrent aeronautical knowledge test covers the following
areas of knowledge:
    (1) Applicable regulations relating to small unmanned aircraft
system rating privileges, limitations, and flight operation;
    (2) Airspace classification and operating requirements and flight
restrictions affecting small unmanned aircraft operation;
    (3) Emergency procedures;
    (4) Crew resource management;
    (5) Aeronautical decision-making and judgment;
    (6) Airport operations; and
    (7) Maintenance and preflight inspection procedures.

Sec.  107.74  Initial and recurrent training courses.

    (a) An initial training course covers the following areas of
knowledge:
    (1) Applicable regulations relating to small unmanned aircraft
system rating privileges, limitations, and flight operation;
    (2) Effects of weather on small unmanned aircraft performance;
    (3) Small unmanned aircraft loading;
    (4) Emergency procedures;
    (5) Crew resource management;
    (6) Determining the performance of small unmanned aircraft; and
    (7) Maintenance and preflight inspection procedures.
    (b) A recurrent training course covers the following areas of
knowledge:
    (1) Applicable regulations relating to small unmanned aircraft
system rating privileges, limitations, and flight operation;
    (2) Emergency procedures;
    (3) Crew resource management; and
    (4) Maintenance and preflight inspection procedures.

Sec.  107.77  Change of name or address.

    (a) Change of name. An application to change the name on a
certificate issued under this subpart must be accompanied by the
applicant's:
    (1) Remote pilot certificate with small UAS rating; and
    (2) A copy of the marriage license, court order, or other document
verifying the name change.
    (b) The documents in paragraph (a) of this section will be returned
to the applicant after inspection.
    (c) Change of address. The holder of a remote pilot certificate
with small UAS rating issued under this subpart who has made a change
in permanent mailing address may not, after 30 days from that date,
exercise the privileges of the certificate unless the holder has
notified the FAA of the change in address using one of the following
methods:
    (1) By letter to the FAA Airman Certification Branch, P.O. Box
25082, Oklahoma City, OK 73125 providing the new permanent mailing
address, or if the permanent mailing address includes a post office box
number, then the holder's current residential address; or
    (2) By using the FAA Web site portal at www.faa.gov providing the
new permanent mailing address, or if the permanent mailing address
includes a post office box number, then the holder's current
residential address.

Sec.  107.79  Voluntary surrender of certificate.

    (a) The holder of a certificate issued under this subpart may
voluntarily surrender it for cancellation.
    (b) Any request made under paragraph (a) of this section must
include the following signed statement or its equivalent: ``I
voluntarily surrender my remote pilot certificate with a small UAS
rating for cancellation. This request is made for my own reasons, with
full knowledge that my certificate will not be reissued to me unless I
again complete the requirements specified in Sec. Sec.  107.61 and
107.63.''

Subpart D--Waivers

Sec.  107.200  Waiver policy and requirements.

    (a) The Administrator may issue a certificate of waiver authorizing
a deviation from any regulation specified in Sec.  107.205 if the
Administrator finds that a proposed small UAS operation can safely be
conducted under the terms of that certificate of waiver.
    (b) A request for a certificate of waiver must contain a complete
description of the proposed operation and justification that
establishes that the operation can safely be conducted under the terms
of a certificate of waiver.
    (c) The Administrator may prescribe additional limitations that the
Administrator considers necessary.
    (d) A person who receives a certificate of waiver issued under this
section:
    (1) May deviate from the regulations of this part to the extent
specified in the certificate of waiver; and
    (2) Must comply with any conditions or limitations that are
specified in the certificate of waiver.

Sec.  107.205  List of regulations subject to waiver.

    A certificate of waiver issued pursuant to Sec.  107.200 may
authorize a deviation from the following regulations of this part:
    (a) Section 107.25--Operation from a moving vehicle or aircraft.
However, no waiver of this provision will be issued to allow the
carriage of property of another by aircraft for compensation or hire.
    (b) Section 107.29--Daylight operation.
    (c) Section 107.31--Visual line of sight aircraft operation.
However, no waiver of this provision will be issued to allow the
carriage of property of another by aircraft for compensation or hire.
    (d) Section 107.33--Visual observer.
    (e) Section 107.35--Operation of multiple small unmanned aircraft
systems.
    (f) Section 107.37(a)--Yielding the right of way.
    (g) Section 107.39--Operation over people.
    (h) Section 107.41--Operation in certain airspace.
    (i) Section 107.51--Operating limitations for small unmanned
aircraft.

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
17. The authority citation for part 119 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111,

44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936,
44938, 46103, 46105.

0
18. In Sec.  119.1, revise paragraphs (e)(9) and (10) and add paragraph
(e)(11) to read as follows:

Sec.  119.1  Applicability.

* * * * *
    (e) * * *
    (9) Emergency mail service conducted under 49 U.S.C. 41906;
    (10) Operations conducted under the provisions of Sec.  91.321 of
this chapter; or
    (11) Small UAS operations conducted under part 107 of this chapter.

PART 133--ROTORCRAFT EXTERNAL-LOAD OPERATIONS

0
19. The authority citation for part 133 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702.

0
20. In Sec.  133.1, revise the introductory text to read as follows:

Sec.  133.1  Applicability.

    Except for aircraft subject to part 107 of this chapter, this part
prescribes--
* * * * *

PART 183--REPRESENTATIVES OF THE ADMINISTRATOR

0
21. The authority citation for part 183 continues to read as follows:

    Authority: 31 U.S.C. 9701; 49 U.S.C. 106(f), 106(g), 40113,
44702, 45303.

0
22. In Sec.  183.23, revise paragraphs (b) and (c) and ad paragraph (d)
to read as follows:

Sec.  183.23  Pilot examiners.

* * * * *
    (b) Under the general supervision of the appropriate local Flight
Standards Inspector, conduct those tests;
    (c) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary pilot certificates and ratings to qualified
applicants; and
    (d) Accept an application for a remote pilot certificate with a
small UAS rating and verify the identity of the applicant in a form and
manner acceptable to the Administrator.

Issued under the authority provided by 49 U.S.C. 106(f), 40101 note;
and Sec. 333 of Pub. L. 112-95, in Washington, DC, on June 21, 2016.

Anthony R. Foxx,
Secretary, Department of Transportation.
Michael P. Huerta,
Administrator, Federal Aviation Administration.
[FR Doc. 2016-15079 Filed 6-22-16; 11:15 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Proposed Rules]
[Pages 74304-74306]
[FR Doc No: 2020-25766]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0459
RIN 1625-AA00

Safety Zone; Tanapag Harbor, Saipan, CNMI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a recurring safety
zone for navigable waters within Tanapag Harbor, Saipan. This safety
zone will encompass the designated swim course for the Escape from
Managaha swim event in the waters of Tanapag Harbor, Saipan,
Commonwealth of the Northern

Mariana Islands. This action is necessary to protect all persons and
vessels participating in this marine event from potential safety
hazards associated with vessel traffic in the area. Race participants,
chase boats, and organizers of the event will be exempt from the safety
zone. Entry of persons or vessels into the safety zone is prohibited
unless authorized by the Captain of the Port (COTP) Guam. We invite
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before December 21, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0459 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Robert Davis,
Sector Guam, U.S. Coast Guard, by telephone at<PHONE_NUMBER>, or email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Escape from Managaha swim event is a recurring annual event. We
have established safety zones for this swim event in past years.
    The purpose of this rule is to ensure the safety of the
participants and the navigable waters in the safety zone before,
during, and after the scheduled swim event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously codified in 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 5:00 a.m. to
8:30 a.m. for one day on a Saturday or Sunday occurring annually
between February and April. This safety zone is necessary to protect
all persons and vessels participating in this marine event from
potential safety hazards associated with vessel traffic in the area.
Race participants, chase boats, and organizers of the event will be
exempt from the safety zone. Entry of persons or vessels into this
safety zone is prohibited unless authorized by the COTP. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of Tanapag Harbor for 2 hours. Moreover,
the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Executive
Order and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires

Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting for 2 hours that will prohibit entry within 100-yards of
swim participants. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--SAFETY ZONE; TANAPAG HARBOR, SAIPAN, CNMI

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.1417 before the center heading ``Seventeenth Coast
Guard District'' to read as follows:

Sec.  165.1417  Safety Zone; Tanapag Harbor, Saipan, CNMI.

    (a) Location. The following area, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters within a
100-yard radius of race participants for Escape for Managaha Swim in
Tanapag Harbor, Saipan. Race participants, chase boats, and organizers
of the event will be exempt from the safety zone.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Sector Guam in the enforcement of the safety
zone.
    (c) Regulations. (1) In accordance with the general regulations in
section Sec.  165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the COTP or a designated
on-scene representative.
    (2) This safety zone is closed to all persons and vessel traffic,
except as may be permitted by the COTP or a designated on-scene
representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP to act on his or her behalf.
    (4) Persons and Vessel operators desiring to enter or operate
within the safety zone must contact the COTP or an on-scene
representative to obtain permission to do so. The COTP or an on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP or an on-scene
representative.
    (d) Enforcement period. This safety zone will be enforced at a
specified date between February and April. The Coast Guard will provide
advance notice of enforcement and a broadcast notice to mariners to
inform public of specific date.

    Dated: November 17, 2020.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2020-25766 Filed 11-19-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57631-57632]
[DOCID:fr03oc05-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 33-8619; 34-52522, File No. 265-23]

Advisory Committee on Smaller Public Companies; Meeting

AGENCY: Securities and Exchange Commission.

ACTION: Notice of Meeting of SEC Advisory Committee on Smaller Public
Companies.

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    The Securities and Exchange Commission Advisory Committee on
Smaller Public Companies is providing notice that it will hold a public
meeting on Friday, October 14, 2005, at Columbia Law School, Jerome
Green Hall, Room 103, 435 West 116th Street, New York, New York, at 1
p.m. The meeting will be audio webcast on the Commission's Web site at
http://www.sec.gov.

    The agenda for the meeting includes hearing oral testimony,
primarily from investors in small cap companies, and considering
written statements that have been filed with the Advisory Committee in
connection with the meeting.
    Due Date: Written statements should be received on or before
October 7, 2005.

ADDRESSES: Written statements may be submitted by any of the following
methods:

Electronic Statements

     Use the Commission's Internet submission form (http://www.sec.gov/info/smallbus/acspc.shtml.
); or     Send an e-mail message to<EMAIL_ADDRESS>Please

include File Number 265-23 on the subject line; or

Paper Statements

     Send paper statements in triplicate to Jonathan G. Katz,
Committee Management Officer, Securities and Exchange Commission, 100 F
Street, NE, Washington, DC 20549-9303.
    All submissions should refer to File No. 265-23. This file number
should be included on the subject line if e-mail is used. To help us
process and review your statement more efficiently, please use only one
method. The Commission staff will post all statements on the Advisory
Committee's Web site (http://www.sec.gov./info/smallbus/acspc.shtml).

    Statements also will be available for public inspection and copying
in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549. All statements received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    Persons wishing to provide oral testimony at the meeting should
contact the SEC staff person listed below by October 7, 2005 and submit
a written statement by the deadline for written statements. Sufficient
time may not be available to accommodate all those wishing to provide
oral testimony. The Co-Chairs of the Advisory Committee have reserved
the right to select and limit the time of witnesses permitted to
testify at the Advisory Committee meeting.

FOR FURTHER INFORMATION CONTACT: Kevin M. O'Neill, Special Counsel, at
(202) 551-3260, Office of Small Business Policy, Division of
Corporation Finance, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: In accordance with Section 10(a) of the
Federal Advisory Committee Act, 5 U.S.C.-App. 1, section 10(a), and the
regulations thereunder, Gerald J. Laporte, Designated Federal Officer
of the Committee, has ordered publication of this notice.

    Dated: September 28, 2005.
Jonathan G. Katz,
Committee Management Officer.
[FR Doc. 05-19802 Filed 9-29-05; 12:26 pm]

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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57197]
[FR Doc No: 2021-22424]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4593-DR; Docket ID FEMA-2021-0001]

Washington; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for State of Washington (FEMA-4593-DR), dated April 8, 2021, and
related determinations.

DATES: This change occurred on September 8, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Toney L.
Raines, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Timothy B. Manner as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-22424 Filed 10-13-21; 8:45 am]
BILLING CODE 9111-23-P