to make any test or inspection of the small unmanned aircraft system,
the operator, and, if applicable, the visual observer to determine
compliance with the provisions of proposed part 107.
    Section 107.7(a) would require an operator or owner of a small UAS
to, upon FAA request, make available to the FAA any document, record,
or report required to be kept by the provisions of proposed part 107.
This would include the operator's unmanned aircraft operator
certificate with a small UAS rating and the certificate of aircraft
registration for the small UAS being operated.
2. Accident Reporting
    The FAA notes that UAS is a relatively new industry and that
operators of small UAS may not have prior experience with aviation
regulations or FAA oversight. In addition, because of the newness of
the small UAS industry, the FAA currently does not have the oversight
experience with small UAS that it has with manned aircraft operations.
Accordingly, to ensure proper oversight of small UAS operations, this
proposed rule, in Sec.  107.9, would require a small UAS operator to
report to the FAA any small UAS operation that results in: (1) Any
injury to a person; or (2) damage to property other than the small
unmanned aircraft. The report would have to be made within 10 days of
the operation that resulted in injury or damage to property.\111\ After
receiving this report, the FAA may conduct further investigation to
determine whether any FAA regulations were violated.
---------------------------------------------------------------------------

    \111\ The proposed 10-day timeframe to submit a report is
similar to the 10-day timeframe that is currently required by the
NTSB for accident reporting. See 49 CFR 830.15(a).
---------------------------------------------------------------------------

    The FAA emphasizes that this proposed reporting requirement would
be triggered only during operations that result in injury to a person
or property damage. The FAA invites comments as to whether this type of
accident-reporting should be required. The FAA also invites suggestions
for alternative methods of ensuring compliance with the regulations
governing small UAS operations. The FAA specifically invites comments
as to whether small UAS accidents that result in minimal amounts of
property damage should be exempted from the reporting requirement. If
so, what is the threshold of property damage that should trigger the
accident reporting requirement?

J. Section 333 Statutory Findings

    As mentioned previously, in order to determine whether certain UAS
may operate safely in the NAS pursuant to section 333 of Public Law
112-95, the Secretary must find that the operation of the UAS would
not: (1) Create a hazard to users of the NAS or the public; or (2) pose
a threat to national security. The Secretary must also determine
whether small UAS operations subject to this proposed rule pose a
safety risk sufficient to require airworthiness certification.
1. Hazard to Users of the NAS or the Public
    Section 333 of Public Law 112-95 requires the Secretary to
determine whether the operation of the UAS subject to this proposed
rule would create a hazard to users of the NAS or the public. As
discussed in the Background section of this preamble, due to their
extremely light weight, small UAS could pose a significantly smaller
public risk than do manned aircraft.
    Two primary safety concerns associated with small UAS operations
are: (1) The ability to ``see and avoid'' other aircraft with no pilot
on board; and (2) the operator losing positive control of the small
unmanned aircraft. Here, both of these safety concerns would be
mitigated by the other provisions of this proposed rule. Specifically
by requiring operations to be conducted within visual line of sight;
limiting maximum gross weight of the small unmanned aircraft to be
below 55 pounds; limiting the operating altitude to below 500 feet AGL;
requiring operators to be certificated; defining the area of operation;
and prohibiting operations over any person not directly participating
in the operation, the risk associated with this group of aircraft would
be significantly reduced when compared with other categories of
aircraft that weigh more, fly higher, and faster.
    Accordingly, the Secretary proposes to find that small UAS
operations subject to this proposed rule would not create a hazard to
users of the NAS or the public. We invite comments on this proposed
finding.
2. National Security
    Section 333 of Public Law 112-95 also requires the Secretary to
determine whether the operation of UAS subject to this proposed rule
would pose a threat to national security. Proposed part 107 would
expand small UAS operations in the NAS to include commercial
operations. Under proposed part 107, these operations would be subject
to specific requirements, such as being able to operate only during
daylight and only within visual line of sight of the operator and, if
applicable, a visual observer. The small unmanned aircraft would also
have to be registered with the FAA and display its FAA-issued
registration marking prominently on the aircraft.
    In addition, the operator of the small unmanned aircraft would be
required to obtain an FAA-issued unmanned aircraft operator certificate
with a small UAS rating. The process for obtaining this certificate
would include the same TSA-review procedures that are currently used
under 49 U.S.C. 46111 in order to screen out airman-certificate
applicants who pose a security risk.
    Because the above provisions would limit the security risk that
could be posed by small UAS operations subject to this proposed rule,
the Secretary proposes to find that these small UAS operations would
not pose a threat to national security. We invite comments on this
proposed finding.
3. Airworthiness Certification
    Finally, section 333(b)(2) of Public Law 112-95 requires the
Secretary to determine whether small UAS operations subject to this
proposed rule pose a safety risk sufficient to require airworthiness
certification. The Secretary has determined that airworthiness
certification should not be required for small UAS subject to this
proposed rule due to their low-risk operational characteristics.
Specifically, as mentioned previously, because of the other provisions
in this proposed rule, the risk associated with small UAS

subject to this proposed rule is significantly reduced.
    The FAA emphasizes that, under this proposed rule, the operator
would not need to determine design conformity or reliability
probabilities when evaluating the airworthiness of small UAS. Instead,
the operator would need to make a determination of whether the small
UAS is in a safe condition during flight operations and ground
operations conducted for the purpose of flight. During preflight and
post flight inspections, a small UAS operator should look for simple
inspection items such as dents, corrosion, mis-alignment, loose wires,
binding controls, loose fasteners, and excessive wear. This simple but
not all-inclusive list will identify most problems that could impact
the airworthiness and reliability of the aircraft.
    Another inspection method unique to small UAS that would be
governed by this proposed rule would be a check of the control link.
This check can be accomplished by using the control station to verify
proper flight control deflection prior to flight. The check can also be
used to ensure the flight controls deflect freely, without binding.
Like the aforementioned inspection items, this too is a simple visual
inspection that should not require any specialized training.
    Because the proposed airworthiness provisions discussed above would
sufficiently ensure that the small UAS is in a condition for safe
operation and because the other provisions of this rule would ensure
that the risk posed by small unmanned aircraft is significantly smaller
than public risk posed by other groups of aircraft, the Secretary
finds, pursuant to section 333(b)(2) of Public Law 112-95, that
airworthiness certification would be unnecessary for small UAS subject
to this proposed rule. We invite comments on this finding.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Public Law 96-39) prohibits agencies from setting standards that
create unnecessary obstacles to the foreign commerce of the United
States. In developing U.S. standards, this Trade Act requires agencies
to consider international standards and, where appropriate, that they
be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written
assessment of the costs, benefits, and other effects of proposed or
final rules that include a Federal mandate likely to result in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more annually (adjusted
for inflation with base year of 1995). This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this proposed
rule. Readers seeking greater detail can read the full regulatory
evaluation, a copy of which has been placed in the docket for this
rulemaking.
    In conducting these analyses, FAA has determined that this proposed
rule: (1) Has benefits that justify its costs; (2) is an economically
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866; (3) is ``significant'' as defined in DOT's
Regulatory Policies and Procedures; (4) would have a significant
positive economic impact on a substantial number of small entities; (5)
would not create unnecessary obstacles to the foreign commerce of the
United States; and (6) would not impose an unfunded mandate on state,
local, or tribal governments, or on the private sector by exceeding the
threshold identified above. These analyses are summarized below.
1. Total Benefits and Costs of This Rule
    This proposed rule reflects the fact that technological advances in
small unmanned aircraft systems (small UAS) have led to a developing
commercial market for their uses by providing a safe operating
environment for them and for other aircraft in the NAS. In time, the
FAA anticipates that the proposed rule would provide an opportunity to
substitute small UAS operations for some risky manned flights, such as
photographing houses, towers, bridges, or parks, thereby averting
potential fatalities and injuries. It would also lead to more efficient
methods of performing certain commercial tasks that are currently
performed by other methods.
    For any commercial operation occurring because this rule is
enacted, the operator/owner of that small UAS will have determined the
expected revenue stream of the flights exceeds the cost of the flights'
operation. In each such case this rule helps enable new markets to
develop. The FAA identified how the proposed rule would improve the
safety of the NAS when small UAS are operated in place of a hazardous
manned operation or a laborer working at heights.
    The estimated out-of-pocket cost for a small UAS operator to be
FAA-certified is less than $300. As this proposal enables new
businesses to be established, the private sector benefits would exceed
private sector costs when new entrepreneurs earn a profit. As more
profitable opportunities increase, so will the social benefits.
Therefore, each new small UAS operator will have determined that their
expected benefits exceed their costs. In addition, if the use of a
small UAS replaces a dangerous non-UAS operation and saves one human
life, that alone would result in benefits outweighing the costs of this
proposed rule. The costs are shown in the table in the ``Cost Summary''
section below.
2. Who is potentially affected by this rule?
    Manufacturers and operators of small unmanned aircraft systems.
3. Assumptions
     Because the commercial small UAS industry is not yet
established and may evolve differently from current expectations, the
FAA determined that a five-year time frame of analysis would be
appropriate.
     The base year is 2014.
     The FAA uses a seven percent discount rate for the
benefits as prescribed by OMB in Circular A-4.\112\
---------------------------------------------------------------------------

    \112\ http://www.whitehouse.gov/omb/circulars_a004_a-4
---------------------------------------------------------------------------

     Since the year that the proposed rule is published is
unknown, the FAA uses Year 1 as the current year so that the first
discounting occurs in Year 2.
     In the small UAS future fleet forecast, the FAA assumes
that 20 percent of the fleet would retire or leave the fleet every
year.\113\
---------------------------------------------------------------------------

    \113\ A copy of the forecast can be found in the rulemaking
docket. The FAA notes that a small UAS could incur a cost for
registration and then retire or leave the fleet during the analysis
interval. The FAA also notes that our small UAS forecast may be
understated if operators choose to own more than one FAA-registered
aircraft (for example, as a backup in case one aircraft is
disabled). To account for this possibility, as a sensitivity
analysis, if there were an additional 20 percent increase in our
small UAS forecast, then the costs in Table 7 and Table 10, found in
the regulatory evaluation accompanying this NPRM, would increase by
20 percent. The FAA requests comments, with supporting
documentation, on this sensitivity analysis.
---------------------------------------------------------------------------

     Because only one operator is required to operate a small
UAS, the FAA assumes that there would be one qualified FAA-approved
operator per

registered and operating small UAS. Even though 20 percent of the small
UAS equipment leaves the fleet each year, the FAA expects that small
UAS operators, once tested and certificated, would remain employable
and some would take jobs as small UAS operators in the following years
of the analysis interval. Also, operators would incur a cost for
recurrent knowledge testing every 24 months. This will be explained in
detail in the ``Costs'' section below.
     The FAA assumes that the failure rate of applicants \114\
taking the small UAS initial and recurrent knowledge based test would
be 10 percent.\115\ However, applicants and operators who fail are
assumed to pass the knowledge test on the second attempt.
---------------------------------------------------------------------------

    \114\ The FAA notes that a person first must apply to become a
small UAS operator. During the application process, this analysis
will refer to a person applying to become a small UAS operator as an
applicant. After the applicant has successfully passed the
application process, this analysis will refer to the person as a
small UAS operator.
    \115\ The FAA has not yet created or administered the knowledge
test proposed in the NPRM. However, the weighted average failure
rate for all categories of airman taking knowledge tests in 2013 was
10%. See Appendix 3 of the regulatory evaluation accompanying this
NPRM for details.
---------------------------------------------------------------------------

     Since this proposed rule allows knowledge test centers
(KTC) to administer small UAS operator initial or recurrent knowledge
tests, the FAA assumes that the KTC would collocate themselves with a
Designated Pilot Examiner (DPE), Certificated Flight Instructor (CFI)
or Other Designated Authority to validate an applicant's identity,
accept the knowledge test results and the small UAS operator
application for review and submission to the FAA AFS-760 Airman
Certification Branch for processing.
     The cost to administer an FAA approved small UAS knowledge
test, including compliance fees, to a small UAS applicant or operator
is $150.\116\
---------------------------------------------------------------------------

    \116\ http://www.catstest.com/airman-testing-exams/recreational-private-pilot.php
---------------------------------------------------------------------------

     The FAA estimates that a small UAS operator applicant
would need to travel 19 miles one way to reach their closest KTC
location.\117\
---------------------------------------------------------------------------

    \117\ See ``Travel Expense'' section for methodology and source
information.
---------------------------------------------------------------------------

     The 2014 published IRS variable cost mileage rate of
$0.235 per mile is used to estimate the cost of Vehicle usage.\118\
---------------------------------------------------------------------------

    \118\ http://www.irs.gov/2014-Standard-Mileage-Rates-for-Business,-Medical-and-Moving-Announced
---------------------------------------------------------------------------

     The FAA assigns the hourly value for personal time to
equal $25.09 for Year 1.\119\
---------------------------------------------------------------------------

    \119\ Source: Revised Departmental Guidance on The Valuation of
Travel time in Economic Analysis (published June 9, 2014). Per this
guidance, median Household income divided by 2,080 hours is used to
establish a wage rate (see Table 3). This wage rate, as noted in
this guidance, serves as an approximate value for leisure time.
Consistent with this guidance wage rates are augmented by 1.2
percent per year to reflect projected annual growth of real median
household income. Year 1 (2012$) wage rates estimates are calculated
as $24.50 * 1.012\2\ = $25.09; Year 2 as $24.50 * 1.012\3\ = $25.39;
Year 3 as $24.50 * 1.012\4\ = $25.70; Year 4 as $24.50 * 1.012\5\ =
$26.01; and Year 5 as $24.50 * 1.012\6\ = $26.32.
---------------------------------------------------------------------------

     The FAA assigns the hourly value for travel time to equal
$24.68 for Year 1.\120\
---------------------------------------------------------------------------

    \120\ Source: Revised Departmental Guidance on The Valuation of
Travel time in Economic Analysis (published June 9, 2014)-Local
Travel (Business). Per this guidance future Travel Time Saving
estimates are also augmented by 1.2 percent per year to reflect
projected annual growth of real median household income. Year 1
(2012$) travel time savings estimates are calculated as $24.10 *
1.012\2\ = $24.68; Year 2 as $24.10 * 1.012\3\ = $24.98; Year 3 as
$24.10 * 1.012\4\ =$25.28; Year 4 as $24.10 * 1.012\5\ = $25.58; and
Year 5 as $24.10 * 1.012\6\ = $25.89. See table 4.
---------------------------------------------------------------------------

     The FAA assigns the hourly value of FAA or KTC clerical
time to $20.06 by calculating the mean for a Level 2 (FG 5/6) Clerical
Support person from the Core Compensation Plan Pay Bands, effective
January 12, 2014 working in the Washington DC locality.\121\ The FAA
then divides the mean of the annual salaries by 2,080 for an hourly
rate.
---------------------------------------------------------------------------

    \121\ https://my.faa.gov/content/dam/myfaa/org/staffoffices/ahr/program_policies/policy_guidance/hr_policies/hrpm/comp/comp_ref/media/core_salary_with_conversion.xls.
---------------------------------------------------------------------------

     The FAA assigns the value of $28.00 as the estimate for
the FAA's cost to register an aircraft. This estimate is based on an
internal cost model developed in September 2014 by the FAA civil
aviation registry to use for managerial estimates.
     The FAA uses a $50 fee to validate the identity of an
applicant.
    The FAA requests comments, with supporting documentation, on each
of these assumptions and data values.
4. Benefit Summary
    The potential benefits from this proposed rule would arise from
improved safety and from opening up new commercial aviation activities.
The FAA currently does not permit commercial activity involving small
UAS due to the potential hazards they could pose to other aircraft and
to the civilian population. This proposed rule would allow certain
types of unmanned aerial observational operations to replace manned
aerial observational operations that are currently being conducted
under potentially hazardous conditions. The proposed rule would also
allow small UAS to replace laborers inspecting high towers or in
certain other hazardous locations. This proposed rule would allow the
creation and development of new industries able to operate with minimal
potential risks to operators and the public.
    Specifically, with respect to the potential safety benefits from
substituting small unmanned aircraft for aerial photography, the FAA
reviewed 17 aerial aviation photography accidents and incidents that
occurred between 2005 and 2009. Of these accidents, the FAA determined
that a small UAS could have substituted for the manned operation in two
cases. If the use of a small UAS replaces a dangerous non-UAS operation
and saves one human life, that alone would result in benefits
outweighing the costs of this proposed rule.
    The potential benefits would be driven by the market and small UAS
airspace availability. In the Regulatory Evaluation, the FAA explores
only four of the many potential small UAS markets this proposal could
enable. The four potential small UAS markets are:
    1. Aerial photography,
    2. Precision agriculture,
    3. Search and rescue/law enforcement, and
    4. Bridge inspection.
    The FAA estimates that the proposed rule could not only enable
numerous new industries, but also provide safety benefits and create a
safe operating environment. The FAA has not quantified the specific
benefits due to a lack of data. The FAA invites commenters to provide
data that could be used to quantify benefits of this proposed rule.
5. Cost Summary
    Several provisions in the proposed rule would impose compliance
costs on potential commercial small UAS operators. However, the FAA
assumes that commercial small UAS operators would incur these costs
only if they anticipated revenues that would more than offset these
costs. The business decision to enter a previously non-existent market
is borne by each operator who knowingly chooses to operate a small UAS
within the regulated environment of this proposal. In the Regulatory
Evaluation, the FAA estimates these costs by provision. As summarized
in the following table, the FAA estimates the total cost of the
proposed rule for the 5 year period of analysis.

            Total and Present Value Cost Summary by Provision
                   [Thousands of current year dollars]
------------------------------------------------------------------------
                                                               7% P.V.
           Type of cost               Total costs  (000)        (000)
------------------------------------------------------------------------
Applicant/small UAS operator:
    Travel Expense...............  $151.7..................       $125.9
    Knowledge Test Fees..........  $2,548.6................      2,114.2
    Positive Identification of     $434.3..................        383.7
     the Applicant Fee.
Owner:
    Small UAS Registration Fee...  $85.7...................         70.0
Time Resource Opportunity Costs:
    Applicants Travel Time.......  $296.1..................        245.3
    Knowledge Test Application...  $108.9..................         90.2
    Physical Capability            $20.0...................         17.7
     Certification.
    Knowledge Test Time..........  $1,307.1................      1,082.9
    Small UAS Registration Form..  $220.5..................        179.7
    Change of Name or Address      $14.9...................         12.3
     Form.
    Knowledge Test Report........  $154.9..................        128.5
    Pre-flight Inspection........  Not quantified..........  ...........
    Accident Reporting...........  Minimal cost............  ...........
Government Costs:
    TSA Security Vetting.........  $1,026.5................        906.9
    FAA--sUAS Operating            $39.6...................         35.0
     Certificate.
    FAA--Registration............  $394.3..................        321.8
                                  --------------------------------------
        Total Costs..............  $6,803.1................      5,714.0
------------------------------------------------------------------------
* Details may not add to row or column totals due to rounding.

B. Initial Regulatory Flexibility Determination (IRFA)

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    The FAA believes that this proposed rule would have a significant
impact on a substantial number of entities. Therefore, under section
603(b) of the RFA, the initial analysis must address:
     Description of reasons the agency is considering the
action.
     Statement of the legal basis and objectives for the
proposed rule.
     Description of the record keeping and other compliance
requirements of the proposed rule.
     All federal rules that may duplicate, overlap, or conflict
with the proposed rule.
     Description and an estimated number of small entities to
which the proposed rule will apply.
     Describe alternatives considered.
1. Description of Reasons the Agency Is Considering the Action
    The FAA is proposing to amend its regulations to adopt specific
rules to allow the operation of small unmanned aircraft system (small
UAS) operations in the National Airspace System (NAS). These changes
would address the operation of small UAS, certification of their
operators, registration, and display of registration markings. The
proposed requirements would allow small UAS to operate in the NAS while
minimizing the risk they may pose to manned aviation operations and the
general public.
    If the proposed rule were adopted, operators would be permitted to
participate in certain commercial activities from which they are
currently prohibited. The proposed requirements are intended to enable
the opportunity for the private sector to develop commercial small UAS
businesses and facilitate legal and safe operations. Currently
commercial activity using a small UAS is prohibited by federal
regulation unless the civil aircraft has an airworthiness certificate
in effect and operations are approved by the FAA on a case by case
basis via an exemption from the pertinent regulations.
2. Statement of the Legal Basis and Objectives for the Proposed Rule
    This rulemaking is promulgated under the authority described in the
FAA Modernization and Reform Act of 2012 (Pub. L. 112-95). Section 333
of Public Law 112-95 directs the Secretary of Transportation to
determine whether ``certain unmanned aircraft systems may operate
safely in the national airspace system.'' If the FAA determines,
pursuant to section 333, that certain unmanned aircraft systems may
operate safely in the NAS, then the FAA must ``establish requirements
for the safe operation of such aircraft systems in the national
airspace system.'' \122\
---------------------------------------------------------------------------

    \122\ Public Law 112-95, section 333(c). In addition, Public Law
112-95, section 332(b)(1) requires the FAA to issue ``a final rule
on small unmanned aircraft systems that will allow for civil
operation of such systems in the national airspace system, to the
extent the systems do not meet the requirements for expedited
operational authorization under section 333 of [Pub. L. 112-95].''
---------------------------------------------------------------------------

    This rulemaking is also promulgated pursuant to 49 U.S.C.
40103(b)(1) and (2), which charge the FAA with issuing regulations: (1)
To ensure the safety of aircraft and the efficient use of airspace; and
(2) to govern the flight of aircraft for purposes of navigating,
protecting and identifying aircraft, and protecting individuals and
property on the ground. In addition, 49 U.S.C. 44701(a)(5)

charges the FAA with prescribing regulations that the FAA finds
necessary for safety in air commerce and national security.
    Finally, the model-aircraft component of this rulemaking is
promulgated pursuant to Public Law 112-95, section 336(b), which
clarifies that the FAA's existing authority, under 49 U.S.C. 40103(b)
and 44701(a)(5), provides the FAA with the power to pursue enforcement
``against persons operating model aircraft who endanger the safety of
the national airspace system.''
3. Description of the Record Keeping and Other Compliance Requirements
of the Proposed Rule
    The FAA's statute \123\ prohibits a person from serving as an
airman without an airman certificate. This proposed rule would create a
new airman certificate for small UAS operators to satisfy the statutory
requirement. The airman certificate would be called an unmanned
aircraft operator certificate with a small UAS rating, and in order to
obtain it, a person would have to: (1) Take and pass an aeronautical
knowledge test; and (2) submit an application for the certificate.
---------------------------------------------------------------------------

    \123\ 49 U.S.C. 44711(a)(2)(A).
---------------------------------------------------------------------------

    To take and pass an aeronautical knowledge test, a person would
have to: (1) Apply to take the test at an FAA-approved Knowledge
Testing Center; (2) spend time taking the test; and (3) obtain an
airman knowledge test report showing that he or she passed the test.
After passing a knowledge test, the person would then apply for the
certificate by: (1) Filling out and submitting an application for the
certificate, which would include a certification stating that the
applicant is physically capable of safely operating a small UAS; and
(2) attaching a copy of the airman knowledge test report to the
application. This proposed rule would also require a small UAS operator
to report to the FAA any accident that results in: (1) Any injury to a
person; or (2) damage to property other than the small unmanned
aircraft.
    The FAA's statute also prohibits the operation of an aircraft that
is not registered.\124\ Consequently this proposed rule would require
owners of a small unmanned aircraft to register that aircraft with the
FAA. The owner of a small unmanned aircraft can do this simply by
sending the following items to the FAA: (1) An Aircraft Registration
Application providing information about the aircraft and contact
information for the aircraft owner; (2) evidence of ownership (such as
a bill of sale); and (3) the $5.00 registration fee.
---------------------------------------------------------------------------

    \124\ 49 U.S.C. 44101.
---------------------------------------------------------------------------

4. All Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
    The FAA is unaware that the proposed rule will overlap, duplicate
or conflict with existing federal rules.
5. Description and an Estimated Number of Small Entities To Which the
Proposed Rule Will Apply
    The FAA believes that the proposed rule would enable numerous new
industries, while maintaining a safe operating environment in the NAS.
    Because the commercial small UAS industry is not yet established
and legal operation of commercial small UAS in the NAS constitutes a
new market, available data for these operations is sparse. Accordingly,
the FAA has not quantified number of small entities to which the
proposed rule would apply because the FAA cannot reasonably predict how
the market will develop for individual commercial uses of small UAS.
    With respect to the potential operator costs, the FAA assumes that
each operator would be a new entrant into the commercial market and
that each operator would have one small UAS. The following table shows
the proposed rule's estimated out-of-pocket startup and recurrent
direct compliance costs for a new small UAS operator or owner.

             Small UAS Operator Startup and Recurrent Costs
                            [Current dollars]
------------------------------------------------------------------------
                                                          Cost
                 Type of cost                  -------------------------
                                                  Initial     Recurrent
------------------------------------------------------------------------
Applicant/small UAS operator:                   ...........  ...........
    Travel Expense............................           $9           $9
    Knowledge Test Fees.......................          150          150
    Positive Identification of the Applicant             50  ...........
     Fee......................................
Total applicant/small UAS operator............          209          159
Owner:                                          ...........  ...........
    Small UAS Registration Fee................            5            5
                                               -------------------------
        Total Owner...........................            5            5
                                               -------------------------
        Total.................................          214          164
------------------------------------------------------------------------
* Details may not add to row or column totals due to rounding.

    The FAA does not believe that $214 per operator would be a
significant negative economic impact to small entity operators because
$214 is relatively inexpensive to be licensed for operation of a
commercial vehicle.
    The FAA expects this proposed rule would be a significant positive
economic impact because it enables new businesses to operate small UAS
for hire and would stimulate a manufacturing support industry. The FAA
believes that most, if not all, of these new commercial activities
would be conducted by operators of small UAS who are small business
entities. Therefore, the FAA believes that this proposed rule would
have a positive significant impact on a substantial number of entities.
6. Alternatives Considered
    The FAA considered both more costly and less costly alternatives as
part of its NPRM. The FAA rejected the more costly alternatives due to
policy considerations and undue burden that would be imposed on small
UAS operators. The less costly alternatives and the FAA's reasons for
rejecting

those alternatives in the NPRM are discussed below.
     Allowing knowledge testing centers to verify ID and accept
airman applications. The FAA decided, as part of its proposal, to limit
positive identification and acceptance of an application to those
persons who are either: (1) Already authorized to accept and sign
airman applications (FAA personnel, DPEs, and ACRs); or (2) are already
required to verify identity under the TSA's regulations (CFIs).
Knowledge testing centers do not fit into either of these categories,
and thus, after considering the alternative of allowing them to accept
airman applications, the FAA decided not to include this alternative in
the NPRM.
     Allowing individuals who have been conducting UAS
operations under a COA as a non-military UAS operator to take a
recurrent test instead of an initial test in order to obtain an
unmanned aircraft operator certificate with a small UAS rating.
However, the FAA decided not to include this provision in the proposed
rule because: (1) There is no formally recognized recordation system
for non-military COA pilots as there is for military pilots; and (2)
non-military COA pilots are currently subject to different requirements
than military COA pilots for operations above 400 feet AGL.
    Therefore this proposed rule would have a significant positive
economic impact on a substantial number of small entities. The FAA
solicits comments regarding this determination.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    The FAA invites comments on the inclusion of foreign-registered
small unmanned aircraft in this new framework. In particular, FAA
invites comments on foreign experiences with differing levels of
stringency in their UAS regulation. The FAA recognizes that several
other countries have adopted different standards with regard to the
commercial operation of UAS in their respective airspaces. Data from
their experiences regarding safety outcomes and economic activity could
form the basis for studying the effect of these different regulatory
approaches.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $151.0 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
    This action contains the following proposed information collection
requirements:
     Submission of an application for an unmanned aircraft
operator certificate with a small UAS rating;
     submission of an application to register a small unmanned
aircraft; and
     reporting any accident that results in injury to a person
or damage to property other than the small unmanned aircraft.
    Below, we discuss each of these information-collection requirements
in more detail. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), the FAA has submitted these proposed information
collection amendments to OMB for its review.
1. Obtaining an Unmanned Aircraft Operator Certificate With a Small UAS
Rating
    Summary: The FAA's statute \125\ prohibits a person from serving as
an airman without an airman certificate. This proposed rule would
create a new airman certificate for small UAS operators to satisfy the
statutory requirement. The airman certificate would be called an
unmanned aircraft operator certificate with a small UAS rating, and in
order to obtain it, a person would have to: (1) Take and pass an
aeronautical knowledge test; and (2) submit an application for the
certificate.
---------------------------------------------------------------------------

    \125\ 49 U.S.C. 44711(a)(2)(A).
---------------------------------------------------------------------------

    To take and pass an aeronautical knowledge test, a person would
have to: (1) Apply to take the test at an FAA-approved Knowledge
Testing Center; (2) spend time taking the test; and (3) obtain an
airman knowledge test report showing that he or she passed the test.
After passing a knowledge test, the person would then apply for the
certificate by: (1) Filling out and submitting an application for the
certificate, which would include a certification stating that the
applicant is physically capable of safely operating a small UAS; and
(2) attaching a copy of the airman knowledge test report to the
application.
    The above requirements would not result in a new collection of
information, but would instead expand an existing OMB-approved
collection of information that is approved under OMB control number
2120-0021. This collection of information governs information that the
FAA collects to certificate pilots and flight instructors. The above
requirements would increase the burden of this already-existing
collection of information.
    Use: The above requirements would be used by the FAA to issue
airman certificates to UAS operators in order to satisfy the statutory
requirement that an airman must possess an airman certificate.
    Estimate of Increase in Annualized Burden (there are 7,896 unique
applicants):

[GRAPHIC] [TIFF OMITTED] TP23FE15.003

2. Registering a Small Unmanned Aircraft
    Summary: The FAA's statute \126\ prohibits the operation of an
aircraft unless the aircraft is registered. Pursuant to this statutory
prohibition, this proposed rule would require small unmanned aircraft
to be registered with the FAA using the current registration process
found in 14 CFR part 47. In order to register a small unmanned aircraft
with the FAA, the aircraft's owner would have to submit to the FAA an
Aircraft Registration Application providing information about the
aircraft and contact information for the aircraft owner. This
registration would need to be renewed every three years.
---------------------------------------------------------------------------

    \126\ 49 U.S.C. 44101.
---------------------------------------------------------------------------

    The above requirements would not result in a new collection of
information, but would instead expand an existing OMB-approved
collection of information that is approved under OMB control number
2120-0042. This collection of information governs information that the
FAA collects in order to register an aircraft. The above requirements
would increase the burden of this already-existing collection of
information.
    Use: The above requirements would be used by the FAA to register
small unmanned aircraft in order to satisfy the statutory requirement
that an aircraft must be registered in order to operate.
    Estimate of Increase in Annualized Burden:
    [GRAPHIC] [TIFF OMITTED] TP23FE15.004

3. Accident Reporting
    Summary: To ensure proper oversight of small UAS operations, this
proposed rule would require a small UAS operator to report to the FAA
any small UAS operation that results in: (1) Any injury to a person; or
(2) damage to property other than the small unmanned aircraft. After
receiving this report, the FAA may conduct further investigation to
determine whether any FAA regulations were violated. This proposed
requirement would constitute a new collection of information. However,
the FAA emphasizes that this proposed reporting requirement would be
triggered only during operations that result in injury to a person or
property damage.
    Use: The above requirements would be used by the FAA to ensure
proper oversight of small UAS operations. A report of an accident that
resulted in an injury to a person or property damage may serve to
initiate an FAA investigation into whether FAA regulations were
violated.
    Annualized Burden Estimate:
    There is one page of paperwork associated with reporting an
accident. The FAA calculated the probability of an accident by dividing
the accident rate for general aviation pilots by the total number of
hours and estimated that an accident would occur .001% of the time.
Applying .001% to the small UAS in the analysis interval shows that the
probability of an accident where property damage, injury, or death
occurs is negligible; therefore the FAA estimates that there are no
costs for this provision.
4. Total Annualized Burden Estimate
    The total annualized burden estimate of the information-collection
requirements associated with this proposed rule is as follows:

[GRAPHIC] [TIFF OMITTED] TP23FE15.005

    The agency is soliciting comments to--
     Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the
burden;
     Enhance the quality, utility, and clarity of the
information to be collected; and
     Minimize the burden of collecting information on those who
are to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
    Individuals and organizations may send comments on the information
collection requirement to the address listed in the ADDRESSES section
at the beginning of this preamble by April 24, 2015. Comments also
should be submitted to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Attention: Desk Officer for FAA,
New Executive Office Building, Room 10202, 725 17th Street NW.,
Washington, DC 20053.

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 proposed regulations.
    Additionally, 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.

G. Environmental Analysis

    FAA Order 1050.1E 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 312f and involves no extraordinary
circumstances.

H. Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying 14 CFR 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. Because
this proposed rule would limit small unmanned aircraft operations to
daylight hours only, it could, if adopted, affect intrastate aviation
in Alaska. The FAA, therefore, specifically requests comments on
whether there is justification for applying the proposed rule
differently in intrastate operations in Alaska.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would 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, would not have
Federalism implications.

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

    The FAA analyzed this proposed 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
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.

B. Availability of Rulemaking Documents

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

    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
    3. Accessing the Government Printing 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 notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.

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 45

    Aircraft, Signs and symbols.

14 CFR Part 47

    Aircraft, 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 183

    Airmen, Authority delegations (Government agencies).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 Pub. L. 112-95.

0
2. Amend Sec.  21.1 by revising 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. Amend Sec.  43.1 by revising 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 45--IDENTIFICATION AND REGISTRATION MARKING

0
5. The authority citation for part 45 is revised to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113-40114, 44101-
44105, 44107-44111, 44504, 44701, 44708-44709, 44711-44713, 44725,
45302-45303, 46104, 46304, 46306, 47122.

0
6. Add Sec.  45.9 to subpart B to read as follows:

Sec.  45.9  Small unmanned aircraft systems.

    Notwithstanding any other provision of this part, this subpart does
not apply to aircraft subject to part 107 of this chapter.

PART 47--AIRCRAFT REGISTRATION

0
7. The authority citation for part 47 is revised to read as follows:

    Authority:  4 U.S.T. 1830; Pub. L. 108-297, 118 Stat. 1095 (49
U.S.C. 40101 note, 49 U.S.C. 44101 note); 49 U.S.C. 106(f), 106(g),
40113-40114, 44101-44108, 44110-44113, 44703-44704, 44713, 45302,
46104, 46301.

0
8. Amend Sec.  47.15 by revising paragraph (a) introductory text to
read as follows:

Sec.  47.15  Registration number.

    (a) Number required. An applicant for aircraft registration must
place a U.S. registration number (registration mark) on the Aircraft
Registration Application, AC Form 8050-1, and on any evidence submitted
with the application. There is no charge for the assignment of numbers
provided in this paragraph. This paragraph does not apply to an
aircraft manufacturer who applies for a group of U.S. registration
numbers under paragraph (c) of this section; a person who applies for a
special registration number under paragraphs (d) through (f) of this
section; a holder of a Dealer's Aircraft Registration Certificate, AC
Form 8050-6, who applies for a temporary registration number under
Sec.  47.16; or an owner of a small unmanned aircraft weighing less
than 55 pounds that has not previously been registered anywhere.
* * * * *

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

0
9. 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, 45102-45103, 45301-45302.

0
10. Amend Sec.  61.1 by revising 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
11. 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
12. Revise Sec.  61.193 to read as follows:

Sec.  61.193  Flight instructor privileges.

    (a) A person who holds a flight instructor certificate is
authorized within the limitations of that person's flight instructor
certificate and ratings to train and issue endorsements that are
required for:
    (1) A student pilot certificate;
    (2) A pilot certificate;
    (3) A flight instructor certificate;
    (4) A ground instructor certificate;
    (5) An aircraft rating;
    (6) An instrument rating;
    (7) A flight review, operating privilege, or recency of experience
requirement of this part;
    (8) A practical test; and
    (9) A knowledge test.
    (b) A person who holds a flight instructor certificate is
authorized to accept an application for an unmanned aircraft operator
certificate with a small UAS rating and verify the identity of the
applicant in a form and manner acceptable to the Administrator.

0
13. Revise Sec.  61.413 to read as follows:

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

    (a) If you hold a flight instructor certificate with a sport pilot
rating, you are authorized, within the limits of your certificate and
rating, to provide training and endorsements that are required for, and
relate to--
    (1) A student pilot seeking a sport pilot certificate;
    (2) A sport pilot certificate;
    (3) A flight instructor certificate with a sport pilot rating;
    (4) A powered parachute or weight-shift-control aircraft rating;
    (5) Sport pilot privileges;
    (6) A flight review or operating privilege for a sport pilot;
    (7) A practical test for a sport pilot certificate, a private pilot
certificate with a powered parachute or weight-shift-control aircraft
rating or a flight instructor certificate with a sport pilot rating;
    (8) A knowledge test for a sport pilot certificate, a private pilot
certificate with a powered parachute or weight-shift-control aircraft
rating or a flight instructor certificate with a sport pilot rating;
and
    (9) A proficiency check for an additional category or class
privilege for a sport pilot certificate or a flight instructor
certificate with a sport pilot rating.
    (b) A person who holds a flight instructor certificate with a sport
pilot rating is authorized to accept an application for an unmanned
aircraft operator certificate with a small UAS rating and verify the
identity of the applicant in a form and manner acceptable to the
Administrator.

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
14. 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
15. Amend Sec.  91.1 by revising paragraph (a) introductory text and
adding paragraph (e) to read as follows:

Sec.  91.1  Applicability.

    (a) Except as provided in paragraphs (b), (c), and (e) 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) Except as provided in Sec. Sec.  107.27, 107.47, 107.57, and
107.59 of this chapter, this part does not apply to any aircraft or
vehicle governed by part 103 of this chapter, part 107 of this chapter,
or subparts B, C, or D of part 101 of this chapter.

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

0
16. 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.

0
17. Amend Sec.  101.1 by adding 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
18. 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 the rules governing the operation of 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
19. Add part 107 to read as follows:

PART 107--SMALL UNMANNED AIRCRAFT SYSTEMS

Subpart A--General
Sec.
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.
107.13 Registration, certification, and airworthiness directives.
107.15 Civil small unmanned aircraft system airworthiness.
107.17 Medical condition.
107.19 Responsibility of the operator.
107.21 Maintenance and inspection.
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 systems.

107.37 Operation near aircraft; right-of-way rules.
107.39 Operation over people.
107.41 Operation in certain airspace.
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--Operator 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 an unmanned aircraft operator certificate with a
small UAS rating.
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.
107.75 Military pilots or former military pilots.
107.77 Change of name or address.
107.79 Voluntary surrender of certificate.
Subpart D--Small Unmanned Aircraft Registration and Identification.
107.87 Applicability.
107.89 Registration and identification.

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

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;
    (3) Any aircraft conducting an external load operation;
    (4) Any aircraft towing another aircraft or object; or
    (5) Any aircraft that does not meet the criteria specified in Sec.
47.3 of this chapter.

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 operator to control
the flight path of the small unmanned aircraft.
    Corrective lenses means spectacles or contact lenses.
    Operator means a person who manipulates the flight controls of a
small unmanned aircraft system.
    Small unmanned aircraft means an unmanned aircraft weighing less
than 55 pounds including everything that is on board 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 assists the small unmanned
aircraft operator 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 denying an application for
certificate, or suspending or revoking the applicable certificate or
waiver issued by the Administrator under this part and held by that
person.

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

    (a) An operator or owner of a small unmanned aircraft system must,
upon request, make available to the Administrator:
    (1) The operator's unmanned aircraft operator certificate with a
small UAS rating;
    (2) The certificate of aircraft registration for the small unmanned
aircraft system being operated; and
    (3) Any other document, record, or report required to be kept by an
operator or owner of a small unmanned aircraft system under the
regulations of this chapter.
    (b) The operator, visual observer, or owner 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 operator,
and, if applicable, the visual observer to determine compliance with
this part.

Sec.  107.9  Accident reporting.

    No later than 10 days after an operation that meets the criteria of
either paragraph (a) or (b) of this section, an operator must report to
the nearest Federal Aviation Administration Flight Standards District
Office any operation of the small unmanned aircraft that involves the
following:
    (a) Any injury to any person; or
    (b) Damage to any property, other than the small unmanned aircraft.

Subpart B--Operating Rules

Sec.  107.11  Applicability.

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

Sec.  107.13  Registration, certification, and airworthiness
directives.

    No person may operate a civil small unmanned aircraft system for
purposes of flight unless:
    (a) That person has an unmanned aircraft operator certificate with
a small UAS rating issued pursuant to subpart C of this part and
satisfies the requirements of Sec.  107.65;
    (b) The small unmanned aircraft being operated has been registered
with the FAA pursuant to subpart D of this part;
    (c) The small unmanned aircraft being operated displays its
registration number in the manner specified in subpart D of this part;
and
    (d) The owner or operator of the small unmanned aircraft system
complies with all applicable airworthiness directives.

Sec.  107.15  Civil small unmanned aircraft system airworthiness.

    (a) No person may operate a civil small unmanned aircraft system
unless it is in a condition for safe operation. This condition must be
determined during the preflight check required under Sec.  107.49 of
this part.
    (b) The operator must discontinue the flight when he or she knows
or has reason to know that continuing the flight would pose a hazard to
other aircraft, people, or property.

Sec.  107.17  Medical condition.

    No person may act as an operator or visual observer 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 a small
unmanned aircraft system.

Sec.  107.19  Responsibility of the operator.

    (a) The operator is directly responsible for, and is the final
authority as to the operation of the small unmanned aircraft system.
    (b) The operator must ensure that the small unmanned aircraft will
pose no undue hazard to other aircraft, people, or property in the
event of a loss of control of the aircraft for any reason.

Sec.  107.21  Maintenance and inspection.

    An operator must:
    (a) Maintain the system in a condition for safe operation; and
    (b) Inspect the small unmanned aircraft system prior to flight to
determine that the system it is in a condition for safe operation.

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 if
such action endangers the life or property of another.

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 vehicle unless that vehicle is moving on water.

Sec.  107.27  Alcohol or drugs.

    A person acting as an operator or as a visual observer must comply
with the provisions of Sec. Sec.  91.17 and 91.19 of this chapter.

Sec.  107.29  Daylight operation.

    No person may operate a small unmanned aircraft system except
between the hours of official sunrise and sunset.

Sec.  107.31  Visual line of sight aircraft operation.

    With vision that is unaided by any device other than corrective
lenses, the operator or visual observer must be able to see the
unmanned aircraft throughout the entire flight in order to:
    (a) Know the unmanned aircraft's location;
    (b) Determine the unmanned aircraft's attitude, altitude, and
direction;
    (c) Observe the airspace for other air traffic or hazards; and
    (d) Determine that the unmanned aircraft does not endanger the life
or property of another.

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 operator and the visual observer must maintain effective
communication with each other at all times.
    (b) The operator must ensure that the visual observer is able to
see the unmanned aircraft in the manner specified in Sec. Sec.  107.31
and 107.37.
    (c) At all times during flight, the small unmanned aircraft must
remain close enough to the operator for the operator to be capable of
seeing the aircraft with vision unaided by any device other than
corrective lenses.
    (d) The operator 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 systems.

    A person may not act as an operator or visual observer in the
operation of more than one unmanned aircraft system at the same time.

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

    (a) Each operator must maintain awareness so as to see and avoid
other aircraft and vehicles and must yield the right-of-way to all
aircraft, airborne vehicles, and launch and reentry vehicles.
    (1) In order to maintain awareness so as to see other aircraft and
vehicles, either the operator or a visual observer must, at each point
of the small unmanned aircraft's flight, satisfy the criteria specified
in Sec.  107.31.
    (2) 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 people.

    No person may operate a small unmanned aircraft over a human being
who is:
    (a) Not directly participating in the operation of the small
unmanned aircraft; or
    (b) Not located under a covered structure that can provide
reasonable protection from a falling small unmanned aircraft.

Sec.  107.41  Operation in certain airspace.

    (a) A small unmanned aircraft may not operate in Class A airspace.
    (b) A small unmanned aircraft may not operate 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 the operator
has prior authorization from the Air Traffic Control (ATC) facility
having jurisdiction over that airspace.

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.

    No person may operate a small unmanned aircraft in areas designated
in a Notice to Airmen under Sec. Sec.  91.137 through 91.145, or Sec.
99.7 of this chapter, unless authorized by:
    (a) Air Traffic Control (ATC); or
    (b) A Certificate of Waiver or Authorization issued by the FAA.

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

    (a) Prior to flight, the operator must:
    (1) 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:
    (i) Local weather conditions;
    (ii) Local airspace and any flight restrictions;
    (iii) The location of persons and property on the surface; and
    (iv) Other ground hazards.
    (2) Ensure that all persons involved in the small unmanned aircraft
operation receive a briefing that includes operating conditions,
emergency procedures, contingency procedures, roles and
responsibilities, and potential hazards;
    (3) Ensure that all links between ground station and the small
unmanned aircraft are working properly; and
    (4) 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 to operate after that for
at least five minutes.
    (b) Each person involved in the operation must perform the duties
assigned by the operator.

Sec.  107.51  Operating limitations for small unmanned aircraft.

    An operator must comply with all of the following operating
limitations when operating a small unmanned aircraft system:
    (a) The airspeed of the small unmanned aircraft may not exceed 87
knots (100 miles per hour) calibrated airspeed at full power in level
flight;
    (b) The altitude of the small unmanned aircraft cannot be higher
than 500 feet (150 meters) above ground level;
    (c) The minimum flight visibility, as observed from the location of
the ground control station must be no less than 3 statute miles (5
kilometers); and
    (d) The minimum distance of the small unmanned aircraft from clouds
must be no less than:
    (1) 500 feet (150 meters) below the cloud; and
    (2) 2,000 feet (600 meters) horizontally away from the cloud.

Subpart C--Operator Certification

Sec.  107.53  Applicability.

    This subpart prescribes the requirements for issuing an unmanned
aircraft operator 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 an unmanned aircraft operator
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 an unmanned aircraft operator
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 an unmanned aircraft operator
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 an unmanned aircraft operator
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 an unmanned aircraft operator
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 an unmanned aircraft operator
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 an unmanned aircraft operator certificate with a
small UAS rating under this subpart, a person must:
    (a) Be at least 17 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) Pass an initial aeronautical knowledge test covering the areas
of knowledge specified in Sec.  107.73(a); and
    (d) 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.

Sec.  107.63  Issuance of an unmanned aircraft operator certificate
with a small UAS rating.

    An applicant for an unmanned aircraft operator 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:
    (1) An airman knowledge test report showing that the applicant
passed an initial aeronautical knowledge test, or recurrent
aeronautical knowledge test for those individuals that satisfy the
requirements of Sec.  107.75; and
    (2) A certification signed by the applicant stating that the
applicant does 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.
    (b) The application must be submitted to a Flight Standards
District Office, a designated pilot examiner, an airman certification
representative for a pilot school, a certified flight instructor, or
other person authorized by the Administrator. The person accepting the
application submission must verify the identity of the applicant in a
manner acceptable to the Administrator.

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); or
    (b) Passed a recurrent aeronautical knowledge test covering the
areas of knowledge specified in Sec.  107.73(b).

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

    (a) Knowledge tests prescribed by or under this part are given at
times and places, and by persons 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 sought before the
expiration date of the airman knowledge test report; and
    (4) If the permanent mailing address is a post office box number,
then the applicant must 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 assistance on, 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 and operating requirements, obstacle
clearance requirements, and flight restrictions affecting small
unmanned aircraft operation;
    (3) Official sources of weather and effects of weather on small
unmanned aircraft performance;
    (4) Small unmanned aircraft system loading and performance;
    (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; and
    (11) Airport operations.
    (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, obstacle
clearance requirements, and flight restrictions affecting small
unmanned aircraft operation;
    (3) Official sources of weather;
    (4) Emergency procedures;
    (5) Crew resource management;
    (6) Aeronautical decision-making and judgment; and
    (7) Airport operations.

Sec.  107.75  Military pilots or former military pilots.

    (a) General. Except for a person who has been removed from unmanned
aircraft flying status for lack of proficiency or because of a
disciplinary action involving any aircraft operation, a U.S. military
unmanned aircraft pilot or operator or former U.S. military unmanned
aircraft pilot or operator who meets the requirements of this section
may apply, on the basis of his or her U.S. military unmanned aircraft
pilot or operator qualifications, for an unmanned aircraft operator
certificate with small UAS rating issued under this part.
    (b) Military unmanned aircraft pilots or operators and former
military unmanned aircraft pilots or operators in the U.S. Armed
Forces. A person who qualifies as a U.S. military unmanned aircraft
pilot or operator or former U.S. military unmanned aircraft pilot or
operator may apply for an unmanned aircraft operator certificate with a
small UAS rating if that person--
    (1) Passes a recurrent aeronautical knowledge test covering the
areas of knowledge specified in Sec.  107.73(b); and
    (2) Presents evidentiary documents that show:
    (i) The person's status in the U.S. Armed Forces;
    (ii) That the person is or was a U.S. military unmanned aircraft
pilot or operator.

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) Operator certificate; 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 an unmanned aircraft operator
certificate 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 unmanned aircraft operator 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--Small Unmanned Aircraft Registration and Identification

Sec.  107.87  Applicability.

    This subpart prescribes the rules governing the registration and
identification of all civil small unmanned aircraft to which this part
applies.

Sec.  107.89  Registration and identification.

    (a) All small unmanned aircraft must be registered in accordance
with part 47 of this chapter.
    (b) All small unmanned aircraft must display their nationality and
registration marks in accordance with the requirements of subpart C of
part 45 of this chapter.

PART 183--REPRESENTATIVES OF THE ADMINISTRATOR

0
20. The authority citation for part 183 is revised to read as follows:

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

0
21. Amend Sec.  183.23 by revising paragraphs (b) and (c) and adding
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 an unmanned aircraft operator
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

Public Law 112-95, in Washington, DC, on February 15, 2015.
Anthony R. Foxx,
Secretary of Transportation.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-03544 Filed 2-18-15; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22589-22590]
[FR Doc No: 2016-08861]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1940-029]

Wisconsin Public Service Corporation; Notice of Application
Tendered for Filing With the Commission and Establishing Procedural
Schedule for Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: P-1940-029.
    c. Date filed: March 28, 2016.
    d. Applicant: Wisconsin Public Service Corporation.
    e. Name of Project: Tomahawk Hydroelectric Project.
    f. Location: The existing project is located on the Wisconsin River
in

Lincoln County, Wisconsin. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Todd P. Jastremski, Asset Manager Hydro
Operations, WE Energies, 800 Industrial Park Drive, Iron Mountain, MI
49801; or at<PHONE_NUMBER>.
    i. FERC Contact: Lee Emery at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. The existing Tomahawk Hydroelectric Project consists of: (1) A
27-foot-high, 3,400-foot-long reinforced concrete and embankment dam
that includes a 2,450-foot-long left embankment section, a 300-foot-
long right embankment section, 9-foot-long sluice gate section, 267-
foot-long radial gate section, 160-foot-long slab and buttress section,
and a 60-foot-long abutment section with a crest elevation of 1,441.0
feet National Geodetic Vertical Datum (NGVD); (2) a 2,773-acre
reservoir (Lake Mohawksin) at a full-pool elevation of 1,435.5 feet
NGVD; (3) a 67-foot-long by 41-foot-wide powerhouse containing two 1.3-
megawatt (MW) generators providing a combined installed capacity of 2.6
MW; (4) powerhouse intake trash racks with a 2.7-inch clear bar
spacing; (5) two 2.4-kilovolt (kV) generator leads and an associated
3.75-megavolt-ampere, 2.4/24.9-kV three phase transformer; (6) an
interconnected substation located adjacent to the powerhouse; and (7)
appurtenant facilities.
    The project is operated in a limited peaking mode, with maximum
allowed daily reservoir fluctuations of approximately 0.8 feet (1,435.5
feet NGVD to 1,434.7 feet NGVD). During normal peaking operations, the
reservoir is drawn down from the maximum pond elevation during the day
and refilled at night providing one peaking cycle per day. The amount
of fluctuation is determined primarily by the volume of water which can
normally be restored to the Tomahawk reservoir during off-peak hours.
During low flow periods, the project is required to maintain a minimum
flow of 162 cubic feet per second (cfs) or inflow, whichever is less.
The operation of the Tomahawk Project is coordinated with the
downstream WPS Projects (Grandfather Falls and Alexander Projects) and
with the Grandmother Falls Project to make the most effective use of
the available water resource.
    The normal tailwater elevation of the project is 1,419.5 feet NGVD.
The impoundment provides about 14.5 feet of gross head for power
generation purposes. The hydraulic capacity of the project is 2,634 cfs
and water flowing through the turbines is discharged via the draft
tubes into the tailrace immediately below the dam. Electricity
generated from the project is transmitted from the powerhouse via two
2.5-kV generator leads and a 3.75 MVA 2.4/24.9-kV three-phase
transformer to the adjacent substation and into Wisconsin Public
Service Corporation's distribution system. Wisconsin Public Service
Corporation is proposing to continue current operations at the Project
for the term of the new license.
    l. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
<EMAIL_ADDRESS>(866) 208-3676 (toll free) or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in item h above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural schedule:
    The application will be processed according to the following
preliminary Hydro Licensing Schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready   June 2016.
 for Environmental Analysis.
Filing of recommendations,             August 2016.
 preliminary terms and conditions,
 and fishway prescriptions.
Issue Environmental Assessment (EA)..  December 2016.
Comments due on EA...................  January 2017.
Modified terms and conditions........  March 2017.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: April 6, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-08861 Filed 4-15-16; 8:45 am]
 BILLING CODE 6717-01-P