[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Rules and Regulations]
[Pages 78593-78648]
[FR Doc No: 2015-31750]

Vol. 80

Wednesday,

No. 241

December 16, 2015

Part VI

Department of Transportation

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Federal Aviation Administration

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14 CFR Parts 1, 45, 47, et al.

Registration and Marking Requirements for Small Unmanned Aircraft;
Final Rule

Federal Register / Vol. 80 , No. 241 / Wednesday, December 16, 2015 /
Rules and Regulations

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 45, 47, 48, 91, and 375

[Docket No.: FAA-2015-7396; Amdt. Nos. 1-68, 45-30, 47-30, 48-1, 91-
338]
RIN 2120-AK82

Registration and Marking Requirements for Small Unmanned Aircraft

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Interim final rule.

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SUMMARY: This action provides an alternative, streamlined and simple,
web-based aircraft registration process for the registration of small
unmanned aircraft, including small unmanned aircraft operated as model
aircraft, to facilitate compliance with the statutory requirement that
all aircraft register prior to operation. It also provides a simpler
method for marking small unmanned aircraft that is more appropriate for
these aircraft. This action responds to public comments received
regarding the proposed registration process in the Operation and
Certification of Small Unmanned Aircraft notice of proposed rulemaking,
the request for information regarding unmanned aircraft system
registration, and the recommendations from the Unmanned Aircraft System
Registration Task Force. The Department encourages persons to
participate in this rulemaking by submitting comments on or before the
closing date for comments. The Department will consider all comments
received before the closing date and make any necessary amendments as
appropriate.

DATES: This rule is effective December 21, 2015. Comments must be
received on or before January 15, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-7396
using any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Earl Lawrence, Director, FAA UAS
Integration Office, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of the Major Provisions
    C. Summary of Costs and Benefits
II. Compliance
III. Good Cause for Immediate Adoption
IV. Comments Invited
V. Authority for this Rulemaking
VI. Background
    A. Statutory Requirements Related to Aircraft Registration
    B. Regulatory Requirements Pertaining to Aircraft Registration
and Identification
    C. Related FAA and DOT Actions
    1. Operation and Certification of Small Unmanned Aircraft
Systems notice of proposed rulemaking
    2. Clarification of the Applicability of Aircraft Registration
Requirements for Unmanned Aircraft Systems (UAS) and Request for
Information Regarding Electronic Registration for UAS
    3. Registration Task Force (Task Force)
VII. Discussion of the Interim Final Rule
    A. Applicability
    1. Small unmanned aircraft
    2. Public Aircraft Operations
    3. Trusts and voting trusts
    4. Operations in U.S. Airspace
    B. Definitions
    1. Unmanned Aircraft
    2. Small Unmanned Aircraft
    3. Small Unmanned Aircraft System (small UAS)
    4. Model aircraft
    C. Exclusion from the Requirement to Register
    D. Eligibility to register
    1. Citizenship
    2. Commercial activity conducted by non-U.S. citizens
    3. Minimum Age to Register
    E. Registration Required Prior to Operation
    1. Registration Prior to Operation
    2. Registration of each aircraft
    F. Registration Process
    1. Design of Registration System
    2. Web-Based Registration Application
    3. Information required
    4. Fee for registration
    G. Certificate of Aircraft Registration
    H. Registration Marking
    I. Transfer of Ownership
    J. Education
    K. Compliance Philosophy and Enforcement
    L. Privacy
    M. Other Methods To Encourage Accountability and Responsible Use
of the National Airspace System
    N. Legal Implications of the Registration Requirement
    1. Comments addressing Section 336 of the FAA Modernization and
Reform Act of 2012
    2. Comments addressing requirements under the Administrative
Procedure Act
    3. Comments addressing other legal issues with the proposed
registration requirement
    O. Alternatives to Registration
    P. Comments Beyond the Scope
    Q. Miscellaneous
VIII. Section-by-Section Discussion of the Interim Final Rule
IX. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
X. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations that Significantly Affect
Energy Supply, Distribution, or Use
    C. Executive Order 13609, Promoting International Regulatory
Cooperation
XI. How To Obtain Additional Information
    A. Rulemaking Documents
    B. Comments Submitted to the Docket
    C. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

A. Purpose of the Regulatory Action

    This interim final rule (IFR) provides an alternative process that
small unmanned aircraft owners may use to comply with the statutory
requirements for aircraft operations. As provided in the clarification
of these statutory requirements and request for further information
issued October 19, 2015, 49 U.S.C. 44102 requires aircraft to be
registered prior to operation. See 80 FR 63912 (October 22, 2015).
Currently, the only registration and aircraft identification process
available to

comply with the statutory aircraft registration requirement for all
aircraft owners, including small unmanned aircraft, is the paper-based
system set forth in 14 CFR parts 45 and 47. As the Secretary and the
Administrator noted in the clarification issued October 19, 2015 and
further analyzed in the regulatory evaluation accompanying this
rulemaking, the Department and the FAA have determined that this
process is too onerous for small unmanned aircraft owners and the FAA.
Thus, after considering public comments and the recommendations from
the Unmanned Aircraft System (UAS) Registration Task Force, the
Department and the FAA have developed an alternative process, provided
by this IFR (14 CFR part 48), for registration and marking available
only to small unmanned aircraft owners. Small unmanned aircraft owners
may use this process to comply with the statutory requirement to
register their aircraft prior to operating in the National Airspace
System (NAS).
    The estimate for 2015 sales indicates that 1.6 million small
unmanned aircraft intended to be used as model aircraft are expected to
be sold this year (including approximately 50 percent of that total
during the fourth quarter of 2015). With this rapid proliferation of
new sUAS will come an unprecedented number of new sUAS owners and
operators who are new to aviation and thus have no understanding of the
NAS or the safety requirements for operating in the NAS.
    The risk of unsafe operation will increase as more small unmanned
aircraft enter the NAS. Registration will provide a means by which to
quickly identify these small unmanned aircraft in the event of an
incident or accident involving the sUAS. Registration of small unmanned
aircraft also provides an immediate and direct opportunity for the
agency to educate sUAS owners on safety requirements before they begin
operating.
    All owners of small unmanned aircraft, including small unmanned
aircraft operated as a model aircraft in accordance with the statutory
requirements for model aircraft operations in section 336 of the FAA
Modernization and Reform Act of 2012, Public Law 112-95, may take
advantage of the new registration process in part 48. The part 47
paper-based registration process will remain available for owners to
register small unmanned aircraft due to financing requirements,
ownership arrangements, or intent to operate a sUAS outside of the
United States. For more information regarding both the statutory
requirements for model aircraft operations and the authorizations that
may be needed for operations that do not satisfy the requirements for
model aircraft, please consult the materials available on the FAA Web
site, including the Know Before You Fly materials, available at
www.faa.gov/uas.

B. Summary of the Major Provisions

    Table 1 provides a brief summary of the major provisions of this
IFR.

                                      Table 1--Summary of Major Provisions.
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                 Issue                                        Interim final rule requirement
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Unmanned aircraft covered by the         Unmanned aircraft weighing less than 55 pounds and more than 0.55
 registration requirement.                pounds (250 grams) on takeoff, including everything that is on board
                                          or otherwise attached to the aircraft and operated outdoors in the
                                          national airspace system must register.
                                         Sec.   48.15
Timing of registration.................  Owners of small unmanned aircraft must register their aircraft prior to
                                          operation of the sUAS.
                                         Sec.   48.15
Compliance dates.......................  December 21, 2015
                                          Any small unmanned aircraft to be used exclusively as model
                                          aircraft that have never been operated.
                                          Small unmanned aircraft to be used in authorized operations as
                                          other than model aircraft continue to use part 47 registration
                                          process.
                                         February 19, 2016
                                          Small unmanned aircraft to be used exclusively as model
                                          aircraft and have been operated by their owner prior to December 21,
                                          2015.
                                         March 31, 2016
                                          Small unmanned aircraft to be used in authorized operations
                                          other than as model aircraft continue to use part 47 registration
                                          process or use part 48 process.
                                         Sec.   48.5
Minimum age to register a small          Persons 13 years of age and older are permitted to use the part 48
 unmanned aircraft.                       process to register a small unmanned aircraft. If the owner is less
                                          than 13 years of age, then the small unmanned aircraft must be
                                          registered by a person who is at least 13 years of age.
                                         Sec.   48.25
Registration platform..................  Registration will occur through an online web-based system.
                                         Sec.   48.100(c)
Registration number....................  Each small unmanned aircraft intended to be used other than as a model
                                          aircraft and owned by individuals or other persons, including
                                          corporations, will be issued a Certificate of Aircraft Registration
                                          with a unique registration number.
                                         Sec.   48.110(a)
                                         A Certificate of Aircraft Registration and registration number issued
                                          to an individual intending to use small unmanned aircraft exclusively
                                          as model aircraft, constitutes registration for those small unmanned
                                          aircraft owned by that individual that are intended to be used
                                          exclusively as model aircraft.
                                         Sec.   48.115(a)
Registration information...............  Required information from persons registering small unmanned aircraft
                                          intended to be used as other than model aircraft.
                                          Applicant name or name of authorized representative.
                                          Applicant physical address (and mailing address if different
                                          than physical address).
                                          Applicant e-mail address or email address of authorized
                                          representative.
                                          Aircraft manufacturer and model name, and serial number, if
                                          available.
                                          Other information as required by the Administrator.
                                         Required information from individuals registering small unmanned
                                          aircraft intended to be used exclusively as model aircraft.
                                          Applicant name.
                                          Applicant physical address (and mailing address if different
                                          than physical address).

                                          Applicant e-mail address.
                                          Other information as required by the Administrator.
                                         Sec.   48.100
Registration fee.......................  Persons intending to use the small unmanned aircraft other than as
                                          model aircraft.
                                          $5 to register each aircraft.
                                         Individuals intending to use the small unmanned aircraft exclusively as
                                          model aircraft.
                                          $5 to register an individual's fleet of small unmanned
                                          aircraft.
                                         Sec.   48.30
Delivery of Certificate of Aircraft      Upon completion of the registration process, the Certificate of
 Registration.                            Aircraft registration will be delivered to the aircraft owner via the
                                          same web-based platform used to register the aircraft.
                                         Sec.   48.100(d)
Information contained on the             Small unmanned aircraft owner name, issue date and registration number.
 Certificate of Aircraft Registration.
Registration renewal and fee...........  A Certificate of Aircraft Registration issued in accordance with part
                                          48 is effective once the registration process is complete and must be
                                          renewed every three years.
                                         The fee for renewal of a Certificate of Aircraft Registration is $5.
                                         Sec.  Sec.   48.110(c), 48.115(c)
Marking................................  All small unmanned aircraft must display a unique identifier.
                                          A unique identifier is the FAA-issued registration number.
                                          The Administrator may authorize the use of the small unmanned
                                          aircraft serial number.
                                         Sec.   48.200
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C. Summary of Costs and Benefits

    In order to implement the new streamlined, web-based system
described in this IFR, the FAA will incur costs to develop, implement,
and maintain the system. Small UAS owners will require time to register
and mark their aircraft, and that time has a cost. The total of
government and registrant resource cost for small unmanned aircraft
registration and marking under this new system is $56 million ($46
million present value at 7 percent) through 2020.
    In evaluating the impact of this interim final rule, we compare the
costs and benefits of the IFR to a baseline consistent with existing
practices: for modelers, the exercise of discretion by FAA (not
requiring registration) and continued broad public outreach and
educational campaign, and for non-modelers, registration via part 47 in
the paper-based system. Given the time to register aircraft under the
paper-based system and the projected number of sUAS aircraft, the FAA
estimates the cost to the government and non-modelers would be about
$383 million. The resulting cost savings to society from this IFR
equals the cost of this baseline policy ($383 million) minus the cost
of this IFR ($56 million), or about $327 million ($259 million in
present value at a 7 percent discount rate). These cost savings are the
net quantified benefits of this IFR.

II. Compliance

    Any small unmanned aircraft operated exclusively as a model
aircraft by its current owner prior to December 21, 2015 must be
registered no later than February 19, 2016. The delayed compliance date
provides a period of time to bring the existing population of small
unmanned aircraft owners into compliance as it is not reasonable to
expect that all existing small unmanned aircraft owners will register
their aircraft immediately upon the effective date of this rule.
    All other small unmanned aircraft intended to be used exclusively
as model aircraft (i.e., for hobby and recreational purposes in
accordance with the requirements of section 336 of Pub. L. 112-95)--
newly purchased or never before used--must be registered prior to the
first operation outdoors. Thus, any small unmanned aircraft purchased,
received as a gift, or otherwise acquired on or after December 21,
2015, and intended to be used exclusively as a model aircraft must be
registered prior to operation.
    Currently, small unmanned aircraft operated as other than model
aircraft (i.e., for operations for non-hobby or non-recreational
purposes or as a public aircraft) must continue to complete the part 47
registration process in accordance with the conditions and limitations
of exemptions issued under section 333 of Public Law 112-95. As
exemplified by the growing number of petitions for exemption, the
agency expects to see a continued high level of demand for registration
of aircraft used for purposes other than model aircraft once the
Operation and Certification of Small Unmanned Aircraft Systems notice
of proposed rulemaking (the ``sUAS Operation and Certification NPRM'')
is finalized.\1\ The small unmanned aircraft registration system
established by this final rule will be able to receive and process
applications for Certificates of Aircraft Registration for aircraft
operating pursuant to an exemption issued under section 333 of Public
Law 112-95 beginning March 31, 2016. Thus, beginning on March 31, 2016,
the agency will allow small unmanned aircraft operating pursuant to an
exemption to use the new part 48 registration requirements in place of
part 47, as well as aircraft used in operations authorized under the
sUAS Operation and Certification rulemaking, once the rule is
finalized.
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    \1\ 80 FR 9544 (Feb. 23, 2015).
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III. Good Cause for Immediate Adoption

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency for ``good cause'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without seeking comment prior to the
rulemaking.
    The Secretary and the Administrator recently affirmed that all
unmanned aircraft, including model aircraft, are aircraft consistent
with congressional direction in Title III, Subtitle B of Public Law
112-95 and the existing definition of aircraft in title 49 of the
United States Code. 49 U.S.C. 40102. As such, in accordance with 49
U.S.C 44101(a) and

as further prescribed in 14 CFR part 47, registration is required prior
to operation. See 80 FR 63912, 63913 (October 22, 2015). Aircraft
registration is necessary to ensure personal accountability among all
users of the NAS. See id. With the current unprecedented proliferation
of new sUAS, registration allows the FAA a direct and immediate
opportunity to educate sUAS owners. Aircraft registration also allows
the FAA and law enforcement agencies to address non-compliance by
providing the means by which to identify an aircraft's owner and
operator.
    Congress has also directed the FAA to ``develop plans and policy
for the use of the navigable airspace and assign by regulation or order
the use of the airspace necessary to ensure the safety of aircraft and
the efficient use of airspace.'' 49 U.S.C. 40103(b)(1). Congress has
further directed the FAA to ``prescribe air traffic regulations on the
flight of aircraft (including regulations on safe altitudes)'' for
navigating, protecting, and identifying aircraft; protecting
individuals and property on the ground; using the navigable airspace
efficiently; and preventing collision between aircraft, between
aircraft and land or water vehicles, and between aircraft and airborne
objects. 49 U.S.C. 40103(b)(2).
    The FAA estimates that in calendar year 2014, 200,000 small
unmanned aircraft were operated in the NAS in model aircraft
operations. During this period, the FAA received 238 reports of
potentially unsafe UAS operations. The estimate for 2015 sales
indicates that 1.6 million small unmanned aircraft intended to be used
as model aircraft are expected to be sold this year (including
approximately 50 percent of that total during the fourth quarter of
2015).
    For 2016, the FAA estimates sales of more than 600,000 sUAS
intended to be used for commercial purposes.\2\ Additionally, as
evidenced by recent FAA enforcement action against SkyPan
International,\3\ the Department and the FAA have become aware that
there may be commercial operators who may be risking operating without
the requisite authority.
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    \2\ This forecast is based on a largely unconstrained operating
environment.
    \3\ FAA Press Release, ``FAA Proposes $1.9 Million Civil Penalty
Against SkyPan International for Allegedly Unauthorized Unmanned
Aircraft Operations,'' available at http://www.faa.gov/news/press_releases/news_story.cfm?newsId=19555.
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    Since February 2015, reports of potentially unsafe UAS operations
have more than doubled, and many of these reports indicated that the
risk to manned aviation or people and property on the ground was
immediate. For example, the agency has received reports of unmanned
aircraft at high altitudes in congested airspace, unmanned aircraft
operations near passenger-carrying aircraft or major airports,\4\ and
interfering with emergency response operations such as efforts to
combat wildfires.\5\ As recently as August 2015, the FAA investigated
reports by four pilots who spotted an unmanned aircraft flying between
eight and thirteen miles from the approach to Newark Liberty
International Airport.\6\ The FAA also investigated a similar incident
at John F. Kennedy International Airport in August.\7\ The risk of
unsafe operation will increase as more small unmanned aircraft enter
the NAS, and are flown by individuals who have little to no knowledge
of airspace restrictions or safety implications.
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    \4\ See, e.g., Keith Laing, Feds investigating drone sighting
near Newark airport, The Hill, Aug. 10, 2015, http://thehill.com/policy/transportation/250731-feds-investigating-drone-sighting-near-newark-airport; FAA Investigating Close Calls with Drones Near JFK
Airport, Albany Business Review, Nov. 20, 2014, available at 2014
WLNR 32783307.
    \5\ See, e.g., Associated Press, Drones Interfering with
Emergency Wildfire Responders, CBSNEWS.com, Aug. 10, 2015, http://www.cbsnews.com/news/drones-interfering-with-emergency-wildfire-responders (``The U.S. Forest Service has tallied 13 wildfires in
which suspected drones interfered with firefighting aircraft this
year . . . up from four fires last year . . . .); Polly Mosendz,
Drones Interfere With Firefighters Battling California Wildfire,
Newsweek, June 26, 2015, http://www.newsweek.com/drones-interfere-firefighters-battling-california-wildfire-347774.
    \6\ See Keith Laing, Feds investigating drone sighting near
Newark airport, The Hill, Aug. 10, 2015, http://thehill.com/policy/transportation/250731-feds-investigating-drone-sighting-near-newark-airport.
    \7\ See FAA Investigating Close Calls with Drones Near JFK
Airport, Albany Business Review, Nov. 20, 2014, available at 2014
WLNR 32783307.
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    Over the past several months, the reports of unauthorized and
potentially unsafe UAS operations have escalated at an increasing rate.
There is good reason to believe that the numbers of incidents will
continue to rise substantially with the projected rapid rise in UAS
sales in the coming months. The following tables show the number of
reports received during 2014 and 2015.

                                                                            Table 2--Unmanned Aircraft Reports, 2014
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                       2014                                                                                Unmanned aircraft reports
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                      Month                           Jan        Feb        Mar        Apr        May        Jun        Jul        Aug        Sept       Oct        Nov        Dec       Total
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Count............................................         0          1          2          5         11         16         36         30         41         41         33         22        238
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                                                                            Table 3--Unmanned Aircraft Reports, 2015
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                      2015                                                                                Unmanned aircraft reports
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                      Month                           Jan         Feb         Mar         Apr         May         Jun         Jul         Aug        Sept         Oct         Nov        Total
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Count...........................................         26          50          85          64          95         132         128         193         127         137          96        1133
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* As of December 9, 2015.

    Specific examples of UAS events include:
     June 17, 2015: Near the surrounding area of Big Bear City,
CA, a fire erupted, quickly spreading and causing significant damage.
By June 24, 2015, all surrounding affected areas were evacuated, 20,875
acres of land had been destroyed, and the fire was only 26% contained.
Although the FAA issued a temporary flight restriction for the area
surrounding the fire, unmanned aircraft penetrated the airspace and
grounded all airborne firefighting efforts in support of continued fire
containment. This event resulted in two reported evasive-action events,
and forced the grounding of 4 responding aircraft over a period of two
and a half hours before airborne firefighting efforts could resume.
Before landing, a DC-10 tanker plane diverted to a separate fire in
Nevada to drop its fire retardant, while the remaining smaller planes
were forced to dump fire retardant around the immediate area due to
landing weight restrictions.\8\ Officials

said the failed mission cost between $10,000 and $15,000. This estimate
only reflects operational costs and does not reflect the additional
damage caused to property by the delay in being able to combat the
fires.
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    \8\ Lake Fire Grew After Private Drone Flight Disrupted Air
Flights, Los Angeles Times, June 25, 2015, available at http://www.latimes.com/local/lanow/la-me-ln-wildfires-southern-california-20150625-story.html.
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     July 17, 2015: A fire began in California near Interstate
15, a highway that runs between Los Angeles and Las Vegas. Due to hot,
40 mile per hour winds, the fire spread at a rapid pace. The Air Attack
Officer, upon arrival, observed small unmanned aircraft activity
operating contrary to a temporary flight restriction in the area. This
resulted in aircraft being removed from the area for a period of twenty
minutes. The delay of 20 minutes in aircraft response was critical in
the growth of the fire. With the heavy aviation response on the scene
of the fire, Air Attack Officers estimate this fire could have been
stopped at less than 100 acres if the small unmanned aircraft had not
interfered by penetrating the airspace.\9\ A total of eighteen vehicles
and two trucks were destroyed by fire.
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    \9\ SAFECOM (2015, July 18). Incident Report. Retrieved November
13, 2015 from https://www.safecom.gov/searchone.asp?ID=19694.
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     September 3, 2015: An unmanned aircraft was flown into
Louis Armstrong Stadium, which is located within 5 miles of LaGuardia
Airport, during a U.S. Open tennis match. The unmanned aircraft crashed
in an empty section of the stands.\10\
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    \10\ Drone Crash at U.S. Open, New York City Teacher Arrested,
NPR, September 4, 2015, available at http://www.npr.org/sections/thetwo-way/2015/09/04/437539727/drone-crash-at-u-s-open-new-york-city-teacher-arrested.
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     October 26, 2015: An unmanned aircraft flew into primary
conductors bringing down one span of power line in West Hollywood,
California. The incident report from Southern California Edison
indicates that initially 640 customers were impacted.\11\
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    \11\ Incident report from Robert Laffoon-Villegas, media
relations, Southern California Edison, provided November 13, 2015.
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     January 26, 2015: An unmanned aircraft operator crashed
his unmanned aircraft on the grounds of the White House. The flight
occurred in the White House prohibited flight zone, P56.\12\
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    \12\ A Drone, Too Small for Radar to Detect, Rattles the White
House. New York Times, Jan. 26, 2015, available at http://www.nytimes.com/2015/01/27/us/white-house-drone.html.
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     September 5, 2015: A University of Kentucky student flew
an unmanned aircraft directly into the campus' stadium during the
school's season-opening football game.\13\ No injuries were reported.
The unmanned aircraft, which had hovered near parachuting military
skydivers, crashed in the suite level of Commonwealth Stadium. The
Kentucky campus police chief told a news conference that the same
student operated an unmanned aircraft over a soccer match the previous
week.
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    \13\ Student Charged with Endangerment After Drone Crashes into
Stadium, Ars Technica, September 11, 2015, available at http://arstechnica.com/tech-policy/2015/09/student-charged-with-endangerment-after-drone-crashes-into-football-stadium/.
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     September 12, 2015: Debris from an unmanned aircraft that
had fallen near bystanders cut and bruised an 11-month-old girl in a
stroller during an outdoor movie screening in Pasadena, California. The
Pasadena Police Department said a 24-year-old man lost control of his
small unmanned aircraft, causing it to crash to the ground. The 11-
month-old received injuries to her head. She was treated at Huntington
Memorial Hospital and then released.\14\
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    \14\ Fallen Drone Injures 11-mointh old near Pasadena City Hall,
Pasadena Star News, September 15, 2015 available at http://www.pasadenastarnews.com/general-news/20150915/falling-drone-injures-11-month-old-near-pasadena-city-hall.
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    During the last quarter of this calendar year, approximately
800,000 new sUAS are expected to enter the system and begin operating.
In 2016, the FAA expects sales of an additional 1.9 million small
unmanned aircraft used as model aircraft. The FAA also expects sales of
600,000 aircraft used for other than model purposes, after the
Operation and Certification of Small Unmanned Aircraft Systems notice
of proposed rulemaking (the ``sUAS Operation and Certification NPRM'')
is finalized.\15\ Model aircraft sales alone are expected to grow by 23
percent each year for the next 5 years.\16\ Sales for sUAS used for
commercial applications will rapidly accelerate as well, with different
growth rates in different applications. Sales are forecast to grow from
very few sUAS employed commercially today, to nearly 11 million units
by 2020 (about 40% of total units sold that year).
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    \15\ 80 FR 9544 (Feb. 23, 2015).
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    Many of the owners of these new sUAS may have no prior aviation
experience and have little or no understanding of the NAS, let alone
knowledge of the safe operating requirements and additional
authorizations required to conduct certain operations. Aircraft
registration provides an immediate and direct opportunity for the
agency to engage and educate these new users prior to operating their
unmanned aircraft and to hold them accountable for noncompliance with
safe operating requirements, thereby mitigating the risk associated
with the influx of operations. In light of the increasing reports and
incidents of unsafe incidents, rapid proliferation of both commercial
and model aircraft operators, and the resulting increased risk, the
Department has determined it is contrary to the public interest to
proceed with further notice and comment rulemaking regarding aircraft
registration for small unmanned aircraft. To minimize risk to other
users of the NAS and people and property on the ground, it is critical
that the Department be able to link the expected number of new unmanned
aircraft to their owners and educate these new owners prior to
commencing operations.
    In addition to the safety justifications that support the immediate
adoption of this rule, the FAA Aircraft Registration Branch (the
Registry) will be unable to quickly process the total volume of
expected small unmanned aircraft registration applications for existing
unmanned aircraft and the proliferation of newly purchased unmanned
aircraft. Thus, the FAA must implement a registration system that
allows the agency greater flexibility in accommodating this expected
growth.
    In addition, the existing registration system requirements are
incongruous with the characteristics of many of the small unmanned
aircraft, small unmanned aircraft ownership, and small unmanned
aircraft operations. For example, small unmanned aircraft are not
required to be type certificated, may cost very little, making them
widely accessible, and may have operating limitations that could affect
the range of their operations. As reflected in greater detail in the
regulatory evaluation supporting this rulemaking, the total costs for
using the paper-based registry, for both the small unmanned aircraft
owners and for the FAA, were projected to exceed $775M over a 5-year
period. The Department has determined it would be impracticable to
require all small unmanned aircraft owners to use this system and that
a stream-lined, web-based alternative is necessary to accommodate this
population and ensure operations may commence in a safe and timely
manner.
    The streamlined registration process provided in this IFR will
allow the agency to complete in the near-term the registration of
existing and new small unmanned aircraft to be operated exclusively as
model aircraft, where the FAA expects the largest growth in the coming
months. In the spring of 2016, the FAA will open the streamlined
registration process to small unmanned

aircraft used for purposes other than as model aircraft. By first
addressing the registration of new small unmanned aircraft to be
operated exclusively as model aircraft, the FAA expects to provide
relief from the existing registration process to the largest population
of new small unmanned aircraft operators while still realizing the
fundamental goal of identification of small unmanned aircraft owners
responsible for the aircraft operation.
    Therefore, the FAA has determined that it is impracticable and
contrary to the public interest in ensuring the safety of the NAS and
people and property on the ground to proceed with further notice and
comment on aircraft registration requirements for small unmanned
aircraft before implementing the streamlined registry system
established by this rule. As more small unmanned aircraft enter the
NAS, the risk of unsafe operations will increase without a means by
which to identify these small unmanned aircraft in the event of an
incident or accident. Registration will also provide an immediate and
direct avenue for educating users regarding safe and responsible use of
sUAS. The public interest served by the notice and comment process is
outweighed by the significant increase in risk that the public will
face with the immediate proliferation of new small unmanned aircraft
that will be introduced into the NAS in the weeks ahead.
    In developing the IFR, the Department has considered the public
comments regarding UAS registration received in response to the
Operation and Certification of Small UAS NPRM, the Request for
Information published in the Federal Register on October 22, 2015, and
the recommendations from the UAS Registration Task Force. Although we
have considered these comments in developing this IFR, the Department
will consider additional comments received following publication of
this IFR and make any necessary adjustments in the final rule. At this
time however, due to the reasons set forth above, providing another
opportunity for notice and comment in advance of this rule going into
effect would be contrary to the public interest and impracticable.
    Additionally, the APA requires agencies to delay the effective date
of regulations for 30 days after publication, unless the agency finds
good cause to make the regulations effective sooner. See 5 U.S.C.
553(d). Good cause exists for making this regulation effective less
than 30 days from the date of publication because it relieves a
significant number of owners from the burden of complying with the
paper-based, time-consuming part 47 registration process. It also is
necessary to address immediate and ongoing safety risk identified in
the discussion of above regarding good cause for forgoing notice and
comment.

IV. Comments Invited

    Prior to the issuance of this IFR, the Department and the FAA
solicited public comment on the aircraft registration process for small
unmanned aircraft through the sUAS Operation and Certification NPRM and
a request for information issued on October 19, 2015. In developing
this IFR, the agency has considered comments received in response to
these requests.
    In addition, consistent with the Regulatory Policies and Procedures
of the Department of Transportation (DOT) (44 FR 11034; Feb. 26, 1979),
which provide that to the maximum extent possible, operating
administrations for the DOT should provide an opportunity for public
comment on regulations issued without prior notice, the Department
requests comment on this IFR. The Department encourages persons to
participate in this rulemaking by submitting comments containing
relevant information, data, or views. The Department will consider
comments received on or before the closing date for comments. The
Department will consider late filed comments to the extent practicable.
This IFR may be amended based on comments received.

V. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
    This rulemaking is promulgated under the authority described in 49
U.S.C. 106(f), which establishes the authority of the Administrator to
promulgate regulations and rules; and 49 U.S.C. 44701(a)(5), which
requires the Administrator to promote safe flight of civil aircraft in
air commerce by prescribing regulations and setting minimum standards
for other practices, methods, and procedures necessary for safety in
air commerce and national security.
    This rule is also promulgated pursuant to 49 U.S.C. 44101-44106 and
44110-44113 which require aircraft to be registered as a condition of
operation and establish the requirements for registration and
registration processes.
    Additionally, this rulemaking is promulgated pursuant to the
Secretary's authority in 49 U.S.C. 41703 to permit the operation of
foreign civil aircraft in the United States.

VI. Background

A. Statutory Requirements Related to Aircraft Registration

    For purposes of the statutory provisions in part A (Air Commerce
and Safety) of subtitle VII (Aviation Programs) of title 49 of the
United States Code (49 U.S.C.), title 49 defines ``aircraft'' as ``any
contrivance invented, used, or designed to navigate or fly in the
air.'' 49 U.S.C. 40102(a)(6). Since a small unmanned aircraft is a
contrivance that is invented, used, and designed to fly in the air, a
small unmanned aircraft is an aircraft under title 49.
    In Public Law 112-95, Congress confirmed that unmanned aircraft,
including those used for recreation or hobby purposes, are aircraft
consistent with the statutory definition set forth in 49 U.S.C.
40102(a)(6). See Public Law 112-95 sections 331(8) and 336 (defining an
unmanned aircraft as ``an aircraft that is operated without the
possibility of direct human intervention from within or on the
aircraft'' and a model aircraft as ``an unmanned aircraft that is
capable of sustained flight in the atmosphere, flown within visual line
of sight of the person operating the aircraft, and flown for hobby or
recreational purposes.''); see also Administrator v. Pirker, NTSB Order
No. EA-5730 at 12 (Nov. 17, 2014) (affirming that the statutory
definition of aircraft is clear and unambiguous and ``includes any
aircraft, manned or unmanned, large or small.'').
    Subject to certain exceptions, aircraft must be registered prior to
operation. See 49 U.S.C. 44101-44103. Upon registration, the
Administrator must issue a certificate of registration to the aircraft
owner. See 49 U.S.C. 44103. Because small UAS, including model
aircraft, involve the operation of ``aircraft,'' the Secretary and the
Administrator clarified that the statutory and regulatory aircraft
registration requirements apply. See 80 FR 63912, October 22, 2015.

B. Regulatory Requirements Pertaining to Aircraft Registration and
Identification

    The regulatory requirements pertaining to aircraft registration
serve several purposes. In order to operate in the NAS, the FAA must
ensure not only that aircraft operators are aware of the system in
which they are operating, but

also that the agency has a means to identify and track an aircraft,
including unmanned aircraft, to its operator. One means to accomplish
this is through aircraft registration and marking.
    Aircraft registration and marking are essential elements in the
regulatory structure that provides for safe and orderly aircraft
activity within the NAS because registration ensures accountability
among its users. The registration number provides a link to information
about the aircraft and the owner responsible for its operations.
    Aircraft registration information often has a direct and immediate
impact on safety-related issues. For example, aircraft registration
provides the FAA and law enforcement agencies an invaluable tool during
inspections and investigations of inappropriate or prohibited behavior,
during emergency situations and for purposes of sharing safety
information. The Registry also serves as a valuable tool in enabling
further research and analysis.
    Additionally, the aircraft registration requirements in part 47
together with the requirements pertaining to the recording of aircraft
title and security documents in part 49 coalesce to establish a filing
and recording system for the collection of ownership and financial
interests in aircraft. This system supports the aviation industry by
providing public notice of interests in aircraft in a reviewable
format, generally to support the confidence or willingness of banks and
others to provide financing for the development of the U.S. aviation
industry and to promote commerce.
    Part 47: Part 47 of 14 CFR implements the statutory requirements
for aircraft registration by providing a registration process
applicable to aircraft that are not registered under the laws of a
foreign country and that meet one of the following ownership criteria:
     The aircraft is owned by a citizen of the United States;
     The aircraft is owned by a permanent resident of the
United States;
     The aircraft is owned by a corporation that is not a
citizen of the United States, but that is organized and doing business
under U.S. Federal or State law and the aircraft is based and primarily
used in the United States; or
     The aircraft is owned by the United States government or a
state or local governmental entity.
    This process is entirely paper-based and begins when a person who
wishes to register an aircraft in the United States submits an Aircraft
Registration Application (AC Form 8050-1) to the Registry. At a
minimum, under part 47, applicants for a Certificate of Aircraft
Registration must provide evidence of ownership, an application for
registration, which includes certification as to eligibility for
registration, and a registration fee. Evidence of ownership may
include, but is not limited to, a traditional bill of sale, a contract
of conditional sale, a lease with purchase option, or an heir-at-law
affidavit. Many applicants are required to provide additional
documentation for aircraft imported from a foreign country, built from
a kit, or that qualify as amateur built aircraft. Additional
documentation may include a certification from the builder as to the
type of aircraft and a complete description, to include information
such as make, model, serial number, engine manufacturer, type of
engine, number of engines, maximum takeoff weight, and number of seats.
An applicant who applies as a limited liability corporation, a trustee,
a non-citizen corporation, or submits documentation signed by
``authorized signers,'' must submit additional documentation to support
registration. For amateur built aircraft, the owner or builder
designates the aircraft model name and serial number. An applicant
pertaining to an imported aircraft must provide evidence showing the
aircraft has been removed from a foreign registry.
    Once registered, the Registry issues a Certificate of Aircraft
Registration (AC Form 8050-3) to the aircraft owner and mails it to the
address on record. The Registry experiences a range in the amount of
time required to issue a Certificate. While it typically takes 12-15
business days for the registry to issue a Certificate after an owner
submits an application, due to an increase in registration
applications, it currently takes approximately 22 business days for the
registry to issue the certificate. The aircraft owner will typically
receive a Certificate approximately 4 days after it is issued as a
result of the time required for printing and mailing the certificate.
The estimated times are extended if the application is rejected for
document correction.
    The certificate of registration must be carried in the aircraft and
must be made available for inspection upon request. Upon registration,
an aircraft is also eligible to apply for an airworthiness certificate
for operational purposes. When applying for registration of an aircraft
that is already on the U.S. civil registry, and has a valid
airworthiness certificate, an owner may use the second (carbon) copy of
the application as temporary operating authority for up to 90 days
pending receipt of the ``hard card'' certificate. For aircraft not
already on the U.S. civil registry, there is no temporary operating
authority.
    An aircraft registration must be renewed every three years by
either submitting a renewal application or using an online renewal
process, and paying the renewal fee. The certificate of registration is
generally valid until the owner's address changes, the aircraft is sold
or destroyed, it has expired under the three-year renewal period, the
owner's eligibility status changes, or the owner registers the aircraft
in a foreign country.
    Placing an aircraft on the U.S. civil aircraft registry in
accordance with the part 47 process affords the aircraft the
opportunity to operate within the United States and in most foreign
countries.
    Part 45: Under part 45 of Title 14 CFR, aircraft must display the
unique registration number that corresponds with the number on the
registration certificate. Part 45 prescribes the requirements for
identification of U.S. registered aircraft and the display of the
registration number. The number must generally be: (1) Painted on the
aircraft or affixed to the aircraft by some other permanent means; (2)
have no ornamentation; (3) contrast in color with the background; and
(4) be legible. See 14 CFR 45.21(c).
    Currently, small unmanned aircraft authorized to operate in the NAS
under an exemption issued pursuant to the authority in section 333 of
the FAA Modernization and Reform Act of 2012 must register in
accordance with the paper-based process in 14 CFR part 47. Owners of
unmanned aircraft with special airworthiness certificates and unmanned
aircraft used by governmental entities in public aircraft operations
also register via the part 47 registration process.

C. Related FAA and DOT Actions

    In the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95),
Congress mandated that the DOT, in consultation with other government
partners and industry stakeholders, develop a comprehensive plan to
safely accelerate the integration of civil UAS in the NAS. Since 2012,
the Department and the Federal Aviation Administration have made
progress in enabling UAS operations, by issuing exemptions per part 11
in conjunction with the authority of section 333 of Public Law 112-95
to permit commercial operations; creating a UAS test site program to
encourage further research and testing of UAS operations in real-world
environments; and developing a Pathfinder program to encourage research
and innovation that

will enable advanced UAS operations. The Department requires UAS
operators authorized under each of these integration programs to
register their unmanned aircraft through the existing FAA paper-based
registration process under 14 CFR part 47.
    The Department and the FAA have taken several other related actions
as provided in the preamble discussions that follow.
1. Operation and Certification of Small Unmanned Aircraft Systems
Notice of Proposed Rulemaking
    The Secretary and the Administrator issued an NPRM, ``Operation and
Certification of Small Unmanned Aircraft Systems'' (80 FR 9544 (Feb.
23, 2015)) (sUAS Operation and Certification NPRM),\17\ that proposed a
framework for integrating small UAS operations in the NAS.
Specifically, the proposal would address the operation of small UAS,
certification of small UAS operators, small UAS registration, and
display of registration markings. The agency also proposed to exclude
small UAS operations from the requirements for airworthiness
certification under the authority of section 333 of the Act because the
safety concerns related to airworthiness of small UAS would be
mitigated by the other provisions of that proposed rule.
---------------------------------------------------------------------------

    \17\ RIN 2120-AJ60.
---------------------------------------------------------------------------

    In the sUAS Operation and Certification NPRM, the Secretary and the
Administrator asserted that small unmanned aircraft satisfy the
statutory definition of ``aircraft'' and thus must be registered prior
to operation. For this reason, the NPRM proposed to clarify the
applicability of the part 47 aircraft registration requirements to sUAS
expected to be operated under proposed part 107. See 80 FR at 9574. The
NPRM also clarified that small unmanned aircraft must display a
registration number in accordance with part 45. The agency proposed,
however, to exclude small unmanned aircraft from the requirements in
part 45, subpart B for fireproof marking. See 80 FR at 9574-9575.
    The comment period for the sUAS Operation and Certification NPRM
closed April 24, 2015. The FAA received more than 4,500 comments on
this proposal; of those, approximately 125 commenters addressed the
issue of small unmanned aircraft registration and the registration
process, and approximately 110 addressed marking requirements. This IFR
addresses the comments received regarding the registration,
identification, and marking requirements as well as certain definitions
relevant to the registration process and proposed in the NPRM.
2. Clarification of the Applicability of Aircraft Registration
Requirements for Unmanned Aircraft Systems (UAS) and Request for
Information Regarding Electronic Registration for UAS
    On October 19, 2015, the Secretary and the Administrator issued a
notice clarifying the applicability of the statutory requirements for
aircraft registration to small unmanned aircraft (the ``Clarification/
Request for Information'') (80 FR 63912, October 22, 2015). In
addition, the Clarification/Request for Information announced the
formation of a UAS Registration Task Force (Task Force) to explore and
develop recommendations to streamline the registration process for
small unmanned aircraft to ease the burden associated with the existing
aircraft registration process. To facilitate the work of the Task
Force, the Secretary and the Administrator sought information and data
from the public through a number of questions identified in the Federal
Register notice. Specifically, the Secretary and the Administrator
sought information on the following questions:
    1. What methods are available for identifying individual products?
Does every UAS sold have an individual serial number? Is there another
method for identifying individual products sold without serial numbers
or those built from kits?
    2. At what point should registration occur (e.g. point-of-sale or
prior to operation)? How should transfers of ownership be addressed in
registration?
    3. If registration occurs at point-of sale, who should be
responsible for submission of the data? What burdens would be placed on
vendors of UAS if DOT required registration to occur at point-of-sale?
What are the advantages of a point-of-sale approach relative to a
prior-to-operation approach?
    4. Consistent with past practice of discretion, should certain UAS
be excluded from registration based on performance capabilities or
other characteristics that could be associated with safety risk, such
as weight, speed, altitude operating limitations, duration of flight?
If so, please submit information or data to help support the
suggestions, and whether any other criteria should be considered.
    5. How should a registration process be designed to minimize
burdens and best protect innovation and encourage growth in the UAS
industry?
    6. Should the registration be electronic or web-based? Are there
existing tools that could support an electronic registration process?
    7. What type of information should be collected during the
registration process to positively identify the aircraft owner and
aircraft?
    8. How should the registration data be stored? Who should have
access to the registration data? How should the data be used?
    9. Should a registration fee be collected and if so, how will the
registration fee be collected if registration occurs at point-of-sale?
Are there payment services that can be leveraged to assist (e.g.
PayPal)?
    10. Are there additional means beyond aircraft registration to
encourage accountability and responsible use of UAS?
    See 80 FR at 63914. The comment period on the Clarification/Request
for Information closed November 6, 2015. As of November 6, 2015, the
FAA received over 4,500 comments on the Clarification/Request for
Information. In the Clarification/Request for Information, the DOT
stated, ``[T]he docket will remain open after this time and the
Department will consider all comments received in developing a
registration process.'' The FAA considered more than 175 additional
comments submitted after the close of the comment period. The FAA has
considered the Clarification/Request for Information comments in the
development of this IFR.
3. Registration Task Force (Task Force)
    The Administrator chartered the Unmanned Aircraft Systems (UAS)
Registration Task Force (Task Force) Aviation Rulemaking Committee
(ARC) on October 20, 2015. The Administrator selected Task Force
members based on their familiarity with UAS, aircraft registration
policies and procedures, retail inventory control and tracking, and
electronic data capture. The membership was comprised of a diverse
group of representatives from trade groups representing manned and
unmanned aviation, UAS manufacturers and retailers, and law
enforcement.
    The Task Force was tasked with the following three objectives:
    1. Develop and recommend minimum requirements for UAS that would
need to be registered.
    2. Develop and recommend registration processes.
    3. Develop and recommend methods for proving registration and
marking.
    On November 21, 2015, the Task Force provided a final report with

recommendations pertaining to these three objectives.\18\
---------------------------------------------------------------------------

    \18\ The Task Force final report can be found in the docket for
this rulemaking and at https://www.faa.gov/uas/publications/media/RTFARCFinalReport_11-21-15.pdf.
---------------------------------------------------------------------------

    The following table, taken from the Task Force report, describes
the Task Force's recommendations.

Table 4--Small UAS Registration Task Force Aviation Rulemaking Committee
                         Recommendations Summary
------------------------------------------------------------------------
            Issue                      Task force recommendation
------------------------------------------------------------------------
What category of UAS is        UAS that weigh under 55 pounds and above
 covered by the registration    250 grams maximum takeoff weight, and
 requirement?                   are operated outdoors in the NAS.
Do owners need to register     No. The registration system is owner-
 each individual UAS they       based, so each registrant will have a
 own?                           single registration number that covers
                                any and all UAS that the registrant
                                owns.
Is registration required at    No. Registration is mandatory prior to
 point-of-sale?.                operation of a UAS in the NAS.
What information is required   Name and street address of the registrant
 for the registration           are required.
 process?                      Mailing address, email address, telephone
                                number, and serial number of the
                                aircraft are optional.
Is there a citizenship         No.
 requirement?.
Is there a minimum age         Yes. Persons must be 13 years of age to
 requirement?.                  register.
Is there a registration fee?.  No.
Is the registration system     The system for entry of information into
 electronic or web-based?       the database is web-based and also
                                allows for multiple entry points,
                                powered by an API [application
                                programming interface] that will enable
                                custom apps [applications] to provide
                                registry information to the database and
                                receive registration numbers and
                                certificates back from the database.
                                Registrants can also modify their
                                information through the web or apps.
How does a UAS owner prove     A certificate of registration will be
 registration?.                 sent to the registrant at the time of
                                registration. The certificate will be
                                sent electronically, unless a paper copy
                                is requested, or unless the traditional
                                aircraft registration process is
                                utilized. The registration certificate
                                will contain the registrant's name, FAA-
                                issued registration number, and the FAA
                                registration website that can be used by
                                authorized users to confirm registration
                                information. For registrants who elect
                                to provide the serial number(s) of their
                                aircraft to the FAA, the certificate
                                will also contain those serial
                                number(s). Any time a registered UAS is
                                in operation, the operator of that UAS
                                should be prepared to produce the
                                certificate of registration for
                                inspection.
Does the registration number   Yes, unless the registrant chooses to
 have to be affixed to the      provide the FAA with the aircraft's
 aircraft?                      serial number. Whether the owner chooses
                                to rely on the serial number or affix
                                the FAA-issued registration number to
                                the aircraft, the marking must be
                                readily accessible and maintained in a
                                condition that is readable and legible
                                upon close visual inspection. Markings
                                enclosed in a compartment, such as a
                                battery compartment, will be considered
                                ``readily accessible'' if they can be
                                accessed without the use of tools.
------------------------------------------------------------------------

    In its report, the Task Force stated, ``[T]he general consensus
view of the Task Force is that the recommendations on the three
objectives are to be presented together as a unified recommendation,
with each of the individual recommendations dependent upon elements in
the others. Compromises in positions were made whenever possible to
obtain a general consensus, and changes to any of the components could
further dilute support among the Task Force members and their
constituencies for the final recommendations.''
    The agency has assessed the recommendations within statutory
limitations provided for aircraft registration and with this final
rule, will move forward with the elements of the Task Force report that
support the best public policy for registering small unmanned aircraft.

VII. Discussion of the Interim Final Rule

    This IFR adds part 48 to title 14 to allow for a web-based
registration process and marking appropriate for small unmanned
aircraft. For these aircraft, part 48 may be used in place of the
paper-based, registration process in part 47 and the marking
requirements in part 45 that would otherwise be required.
    Unlike manned aircraft, small unmanned aircraft cost significantly
less than manned aircraft and are available through a variety of
different markets for purchase by individuals who may not be familiar
with the federal safety requirements for operating in the NAS. As a
consequence, small unmanned aircraft may become more common than manned
aircraft, resulting in a significant volume of new aircraft
registrations. This rule provides for a streamlined and simple
registration process that is commensurate to the nature of small
unmanned aircraft, can accommodate an expected high volume of
registrations, and will facilitate compliance by using a web-based
platform and limiting the information to that which can identify the
aircraft and its owner. Upon registration under new part 48, the FAA
will assign a unique registration number and provide a registration
certificate that can be stored electronically or printed by the
aircraft owner.
    The FAA recognizes that some small unmanned aircraft owners may
choose to continue to register small unmanned aircraft under part 47.
For example, some small unmanned aircraft owners may choose to register
their small unmanned aircraft under part 47 due to financing
requirements or if they wish to operate internationally, displaying
registration marks in accordance with part 45. While this final rule
does not require small unmanned aircraft owners to use the part 48
registration process in place of part 47, the agency strongly
encourages small unmanned aircraft owners to take advantage of the more
efficient part 48 method of aircraft registration. The FAA also notes
that a new part 48 registration does not limit an owner's ability to
later move to a traditional part 47 registration should its operational
or financial interests change. Conversely, a traditional part 47
registration of small unmanned aircraft can be moved to a new part 48

registration at the discretion of the owner if they wish to pursue that
venue.

A. Applicability

1. Small Unmanned Aircraft
    The registration requirements in part 48 apply to small unmanned
aircraft that are part of a small unmanned aircraft system and that
satisfy the requirements to register in Sec.  48.15 and the eligibility
requirements in Sec.  48.20. Although a small unmanned aircraft itself
is one component of an sUAS, part 48 requires the registration of the
aircraft only.\19\ The registration requirement is limited to the small
unmanned aircraft for two reasons. First, the small unmanned aircraft
is the only part of the UAS that satisfies the definition of
``aircraft'' for purposes of the registration requirements in 49 U.S.C.
44101-44103, and second, components that control the unmanned aircraft
can be used to control multiple aircraft. As discussed in this
document, the FAA would continue to exercise enforcement discretion for
aircraft that weigh less than 0.55 pounds, such as paper airplanes that
are not linked to a system.
---------------------------------------------------------------------------

    \19\ Sec. 331(9) of Public Law 112-95. Public Law 112-95 defines
an ``unmanned aircraft system'' as ``an unmanned aircraft and
associated elements (including communication links and the
components that control the unmanned aircraft) that are required for
the pilot in command to operate safely and efficiently in the
national airspace system.''
---------------------------------------------------------------------------

    Registration does not provide authorization to operate any
aircraft--and the same is true for small unmanned aircraft. Currently,
operations using small unmanned aircraft other than as model aircraft
must obtain authorization to operate in accordance with section 333 of
Public Law 112-95, or through issuance of a special airworthiness
certificate. Small unmanned aircraft operated exclusively as model
aircraft may only be operated in accordance with requirements of
section 336 of Public Law 112-95 (Feb. 14, 2012). See also
Interpretation of the Special Rule for Model Aircraft, 79 FR 36171
(June 25, 2014). Any operation that does not follow the 336 framework
needs authorization from the FAA. Once the sUAS Operation and
Certification NPRM is finalized, operations intending to use small
unmanned aircraft as other than model aircraft, and those operators who
choose not to operate in accordance with the requirements of section
336 of Public Law 112-95, will need to operate in accordance with the
sUAS Operation and Certification rule's requirements.
2. Operations in U.S. Airspace
    The registration process for small unmanned aircraft provided in
part 48 may be used only if the aircraft is intended for use within the
United States during the period of registration because this
registration process is not intended to be consistent with
International Civil Aviation Organization (ICAO) standards addressing
registration and marking. The FAA notes that under Presidential
Proclamation 5928, the territorial sea of the United States, and
consequently its territorial airspace, extends to 12 nautical miles
from the baselines of the United States determined in accordance with
international law.
    ICAO has stated that ``[u]nmanned aircraft . . . are, indeed
aircraft; therefore existing [ICAO standards and recommended practices]
SARPs apply to a very great extent. The complete integration of UAS at
aerodromes and in the various airspace classes will, however,
necessitate the development of UAS-specific SARPs to supplement those
already existing.'' \20\ ICAO has begun to issue and amend SARPs to
specifically address UAS operations and registration. Regarding
registration, ICAO standards in Annex 7 (Aircraft Nationality and
Registration Marks) to the Convention require remotely piloted aircraft
to ``carry an identification plate inscribed with at least its
nationality or common mark and registration mark'' and be ``made of
fireproof metal or other fireproof material of suitable physical
properties.'' For remotely piloted aircraft, this identification plate
must be ``secured in a prominent position near the main entrance or
compartment or affixed conspicuously to the exterior of the aircraft if
there is no main entrance or compartment.''
---------------------------------------------------------------------------

    \20\ ICAO Circular 328 (Unmanned Aircraft Systems (UAS)) (2011).
---------------------------------------------------------------------------

    The FAA agrees with ICAO that unmanned aircraft are indeed aircraft
and as such, must be registered and identified. However, the agency has
determined that it is possible to register and identify small unmanned
aircraft using in a less restrictive manner and with more flexibility
than current ICAO standards allow. Additionally, the FAA has determined
that it can achieve the highest level of compliance with a registration
requirement and thus identify more small unmanned aircraft to their
owners by using the streamlined, web-based process in this final rule.
    The FAA emphasizes that utilization of the registration process
implemented by this final rule does not prohibit small UAS operators
from operating in international airspace or in other countries;
however, the rule also does not provide authorization for such
operations.
    UAS operations that do not take place entirely within the United
States will need to obtain the necessary authorizations from the FAA
and the relevant foreign aviation authority.
3. Public Aircraft Operations
    Clarification/Request for Information: Several commenters addressed
the applicability of registration requirements to small unmanned
aircraft used in public aircraft operations. The Department of Defense
Policy Board on Federal Aviation recommended the FAA ``[c]learly state
that all public aircraft operators with self-certification authority,
by statute, are exempt from this registration.'' Aviation Management
Associates also said the FAA should exempt all public aircraft from the
registration requirement. Another commenter said that any UAS that are
owned or operated by the FAA Small UAS Center of Excellence, any of the
six FAA UAS Test Sites or any other government agency or department, or
are operated under a Certificate of Waiver or Authorization (COA)
should be exempt from the registration requirement. In contrast, a few
individuals specifically recommended that UAS operated by government
should be required to register.
    IFR Requirement: Under 49 U.S.C. 44101, only certain foreign
aircraft and aircraft of the national defense forces of the United
States are eligible to operate unregistered aircraft in the United
States, and any such unregistered aircraft must be identified in a way
satisfactory to the Administrator. Section 44102(a)(2)(A) and (B)
describe those aircraft that may be registered as those of the United
States Government and various state and local governments. This
definition parallels the language used in 49 U.S.C. 40102(a)(41) and
40125 to describe public aircraft eligibility and operations.
Accordingly, consistent with existing statutory requirements for
registration, the IFR will not apply to small unmanned aircraft of the
armed forces of the United States. 49 U.S.C. 44101(b)(2). Small
unmanned aircraft used in non-military public aircraft operations are
subject to the registration requirements of 49 U.S.C. 44101 and as
such, must complete the registration process provided in part 47. These
aircraft may also be registered in accordance with the part 48 process
that will be available for aircraft used for

other than model aircraft operations in the spring of 2016.
4. Trusts and Voting Trusts
    The FAA requires that a person holding legal title to an aircraft
in trust must, when applying to register that aircraft in the United
States, submit a ``copy of each document legally affecting a
relationship under the trust . . .'' 14 CFR 47.7(c)(2)(i). The purpose
of this requirement is to ensure the FAA has access to all documents
relevant to the trust relationship when determining whether a trust
provides an adequate basis for registering an aircraft in accordance
with FAA regulations. A fundamental part of the registration process
for aircraft held in trust is determining whether the underlying
agreements meet and are not in conflict with the applicable
requirements and therefore are sufficient to establish the trustee's
eligibility to register the aircraft. The analysis of voting trusts is
similarly intricate.
    Use of trusts and voting trusts involve complex relationships that
have been used to obscure the identity of the beneficial owners of an
aircraft. For this reason, part 47 applies a higher level of scrutiny
when trusts and voting trusts seek to register aircraft. This higher
level of scrutiny is inconsistent with the streamlined registration
process established under part 48. Accordingly, trusts and voting
trusts must continue to register small unmanned aircraft under part 47
so that the FAA can identify and evaluate the applicants.

B. Definitions

    The new part created by this final rule includes definitions of
several terms that are relevant to the registration of small unmanned
aircraft. The definitions of ``U.S. Citizen,'' ``resident alien,'' and
``Registry'' have the same meaning as provided in the aircraft
registration process provided by part 47. See Sec.  47.2. The
definition of ``model aircraft'' is identical to the definition
provided in section 336(c) of Public Law 112-95.
    Additionally, the agency finds it necessary to codify the statutory
definitions of ``small unmanned aircraft,'' ``unmanned aircraft,'' and
``small unmanned aircraft system'' given the limited applicability of
the new subpart to small unmanned aircraft that are an associated
element of a small UAS. The agency proposed definitions of these three
terms in the Operation and Certification NPRM. This rulemaking
finalizes these proposed definitions because they are applicable to the
small unmanned aircraft registration process provided by this final
rule. The definitions will be added to Sec.  1.1 General definitions,
because the agency expects them to be applicable to several parts
throughout title 14.
1. Unmanned Aircraft
    In the sUAS Operation and Certification NPRM, the FAA proposed to
define ``unmanned aircraft'' as ``an aircraft operated without the
possibility of direct human intervention from within or on the
aircraft.'' \21\ This proposed definition would codify the statutory
definition of ``unmanned aircraft'' specified in Public Law 112-95.\22\
---------------------------------------------------------------------------

    \21\ 80 FR at 9586.
    \22\ 80 FR at 9556 (citing Pub. L. 112-95, section 331(8)).
---------------------------------------------------------------------------

    The Management Association for Private Photogrammetric Surveyors
(MAPPS) stated that the definition of ``unmanned aircraft'' needs to be
clarified because the current definition leaves open the possibility
that paper airplanes, model airplanes, model rockets, and toys could be
considered unmanned aircraft. The Aviators Model Code of Conduct
Initiative stated that this definition and the definition of small
unmanned aircraft may permit infant passengers and asked the FAA to
amend the definition to categorically prohibit the carriage of
passengers on an unmanned aircraft.
    Lastly, an individual said that because 14 CFR 1.1 defines aircraft
as ``a device that is used or intended to be used for flight in the
air,'' only a ``whole'' or ``complete'' aircraft can meet this
definition for registration purposes.
    The definition of unmanned aircraft as ``an aircraft operated
without the possibility of direct human intervention from within or on
the aircraft'' is a statutory definition, and as such, this rule will
finalize that definition as proposed.\23\
---------------------------------------------------------------------------

    \23\ Pub. L. 112-95, section 331(8).
---------------------------------------------------------------------------

2. Small Unmanned Aircraft
    In the sUAS Operation and Certification NPRM, the FAA proposed to
define ``small unmanned aircraft'' as ``an unmanned aircraft weighing
less than 55 pounds including everything that is on board the
aircraft.'' \24\ The NPRM noted that Public Law 112-95 defines a small
unmanned aircraft as ``an unmanned aircraft weighing less than 55
pounds.'' \25\ However, the NPRM pointed out that this statutory
definition does not specify whether the 55-pound weight limit refers to
the total weight of the aircraft at the time of takeoff (which would
encompass the weight of the aircraft and any payload on board) or
simply the weight of an empty aircraft.\26\ The NPRM proposed to define
small unmanned aircraft using total takeoff weight because: (1) Heavier
aircraft generally pose greater amounts of public risk in the event of
an accident as they can do more damage to people and property on the
ground; and (2) this approach would be similar to the approach that the
FAA has taken with other aircraft, such as large aircraft, light-sport
aircraft, and small aircraft.\27\
---------------------------------------------------------------------------

    \24\ 80 FR at 9586.
    \25\ 80 FR at 9556 (citing Pub. L. 112-95, section 331(6)).
    \26\ 80 FR at 9556.
    \27\ 80 FR at 9556.
---------------------------------------------------------------------------

    Commenters including the Aircraft Owners and Pilots Association
(AOPA), Air Line Pilots Association (ALPA), Helicopter Association
International (HAI), the Small UAV Coalition, the News Media Coalition,
and the Professional Photographers of America, expressed support for
the proposed definition. The New England Chapter of the Association of
Unmanned Vehicles International supported the weight limitation as a
reasonable starting point, but pointed out that there are commercial
applications being developed that will need to exceed 55 pounds. Event
38 Unmanned Systems, Inc. stated that, rather than segregate small
unmanned aircraft by total weight, FAA should use a ``kinetic energy
split'' that combines weight and speed.
    Several commenters asked that the 55-pound weight limit be lowered.
Event 38 Unmanned Systems recommended an initial weight restriction of
10 pounds, with adjustments based on subsequent research. Prioria
Robotics stated that the weight limitation for small unmanned aircraft
should be less than 25 pounds, and that the definition should include a
requirement that the aircraft be ``hand-launchable.'' An individual
commenter asked for the weight limit to be reduced to 33 pounds.
    Green Vegans stated that FAA must provide test data on the
collision impact of a 55 pound UAS, traveling at various speeds, on
both humans and birds. The advocacy group argued that the public cannot
make informed comments on the proposed weight limitation without such
data. The commenter also noted that such data would be provided by a
National Environmental Protection Act Environmental Impact Statement,
which the group stated FAA must do. Crew Systems similarly opposed the
maximum weight limitation, arguing that FAA provided no justification
for it. The company asserted that a 55 pound limit is large enough to
be hazardous when operating in an urban environment, even if care is
taken. Although it did not expressly object to

the weight limitation, the United States Ultralight Association (UASA)
also expressed concern about the significant damage that a 50-plus
pound unmanned aircraft could do to light, open cockpit aircraft.
    Other commenters asked the FAA to increase the 55-pound weight
limit. Consumers Energy Company objected to the definition's proposed
weight limitation as too light, arguing that a 55-pound weight
restriction will negatively impact small UAS flight times and the usage
of alternative fuel sources. The company urged FAA to consider fuel
loads and to increase the weight restriction to 120 pounds. The company
noted that, if FAA has concerns about safety, it could create
subcategories under which maximum weight restriction is imposed on the
fuel load, rather than adopt a blanket weight restriction. Several
individual commenters also suggested higher weight limits, including:
80 pounds; a range of 30-100 pounds; and 150 pounds. Another individual
commenter called the weight restriction ``arbitrary,'' and noted that
other countries have defined small UAS up to 150 kg.
    An individual commenter suggested that the FAA amend the definition
of small unmanned aircraft to include aircraft weighing exactly 55
pounds. Another individual commenter stated that the definition of
``small unmanned aircraft'' must be clarified to account for different
types of UAS (e.g., fixed-wing, rotor-wing, small, medium, large).
    The definition of ``small unmanned aircraft'' is a statutory
definition. Specifically, Public Law 112-95 defines a small unmanned
aircraft as ``an unmanned aircraft weighing less than 55 pounds.'' \28\
Accordingly, this rule will retain the statutory definition, which
includes 55 pounds as the weight limit for a small unmanned aircraft.
---------------------------------------------------------------------------

    \28\ Pub. L. 112-95, section 331(6).
---------------------------------------------------------------------------

    However, as the FAA pointed out in the sUAS Operation and
Certification NPRM, the statutory definition contains an ambiguity with
regard to how the 55-pound weight limit should be calculated. The Small
UAV Coalition and Federal Airways & Airspace supported the inclusion of
payload in the 55-pound weight limit. Conversely, DJI, the Associated
General Contractors of America, and an individual commenter questioned
whether the 55-pound weight limitation should include payload that is
carried by the small unmanned aircraft. DJI argued that the FAA does
not consider the weight of payload in its regulations governing the
operation of ultralights. Kapture Digital Media stated that the total
weight limit of a small UAS should not include the weight of the
battery.
    As noted in the sUAS Operation and Certification NPRM, the FAA uses
total takeoff weight for multiple different types of aircraft,
including large aircraft, light-sport aircraft, and small aircraft.\29\
One of the reasons that the FAA uses total takeoff weight in all of
these regulations is because, in the event of a crash, a heavier
aircraft can do more damage to people and property on the ground than a
lighter aircraft. In evaluating this type of risk for a small UAS, it
is the total mass of the small unmanned aircraft that is important; the
manner in which that mass is achieved is irrelevant. In other words, a
50-pound unmanned aircraft carrying 30 pounds of payload does not pose
a smaller risk than an 80-pound unmanned aircraft that is not carrying
any payload. As such, this rule will retain the proposed inclusion of
everything onboard the aircraft in the 55-pound weight limit of a small
unmanned aircraft.
---------------------------------------------------------------------------

    \29\ See 14 CFR 1.1 (referring to ``takeoff weight'' for large,
light-sport, and small aircraft in the definitions for those
aircraft).
---------------------------------------------------------------------------

    The General Aviation Manufacturers Association (GAMA) pointed out
that, although FAA typically points to Maximum Takeoff Weight when
identifying an aircraft's weight and associated mass, the proposed
definition of the small UAS does not include the term ``takeoff.'' As
such, the commenter recommended FAA modify the definition to reference
the point of takeoff as follows: ``Small unmanned aircraft means an
unmanned aircraft weighing less than 55 pounds including everything
that is on board the aircraft on takeoff.'' An individual commenter
stated that the choice of ``on board'' in the definition of ``small
unmanned aircraft'' will create confusion, because these aircraft
routinely have ``attached'' external payloads because there is little
room for internal ``on board'' payloads.
    The FAA agrees with these comments and has modified the proposed
definition to refer to the total aircraft weight at takeoff and to
include possible external attachments to the aircraft in the
calculation of small unmanned aircraft weight. Accordingly, as provided
in Sec.  1.1, small unmanned aircraft means an unmanned aircraft
weighing less than 55 pounds on takeoff, including everything that is
on board or otherwise attached to the aircraft. If the unmanned
aircraft is tethered by the cable in such a way that the cable,
securely attached to an immoveable object, prevents the unmanned
aircraft from flying away in the event of loss of positive control,
only the portion of the cable which may be lift aloft by the small
unmanned aircraft must be added to the weight of the unmanned aircraft
when determining total weight.
3. Small Unmanned Aircraft System (Small UAS)
    Finally, the sUAS Operation and Certification NPRM proposed a
definition of ``small unmanned aircraft system (small UAS)'' as ``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.'' \30\ The
NPRM explained that, with one exception, this proposed definition would
be similar to the statutory definition of UAS specified in Public Law
112-95.\31\ The difference between the two definitions is that the
proposed definition of small UAS did not refer to a ``pilot in
command,'' as that position did not exist under the NPRM.\32\
---------------------------------------------------------------------------

    \30\ 80 FR at 9586.
    \31\ 80 FR at 9556 (citing Pub. L. 112-95, section 331(9)).
    \32\ 80 FR at 9556.
---------------------------------------------------------------------------

    AirShip Technologies supported the proposed definition. Conversely,
Transport Canada asked the FAA to consider whether it would be better
to use the ICAO terminology of remotely-piloted aircraft system (RPAS)
instead of small UAS. Foxtrot Consulting stated that the inclusion of
the phrase ``associated elements (including communications links and
the components that control the small unmanned aircraft)'' in the
definition of small UAS creates a ``regulatory nightmare,'' because it
means cellular network providers and their infrastructure are
considered part of a small UAS. The commenter pointed out that small
UAS can be controlled via Wi-Fi and cellular networks, which opens
enormous capabilities to small UAS operations. The commenter went on,
however, to question whether, as a result of the proposed definition, a
cellular provider is liable if a UAS being controlled through their
network causes damage to property, serious injury, or death.
    The proposed definition of small UAS is derived from the statutory
definition of ``unmanned aircraft system'' in Public Law 112-95.\33\ As
such, this rule will codify the proposed definition.
---------------------------------------------------------------------------

    \33\ Pub. L. 112-95, section 331(9).
---------------------------------------------------------------------------

    Because Congress has selected the term ``unmanned aircraft system''
to

describe this type of a system, the FAA may not use a different term,
such as RPAS, in this rule. In response to Foxtrot Consulting, the FAA
notes that the requirements of this rule apply only to the sUAS
operator, the owner of the small UAS, and people who may be involved in
the operation of the small UAS. As such, a cellular provider would not
be in violation of proposed part 107 when their involvement in a small
UAS operation is limited to the operator's use of the provider's
infrastructure. Additionally, the FAA does not opine on liability
issues that are beyond the scope of this rule such as whether the
provider may be liable to the sUAS operator or third parties under tort
or contract law.
    The NextGen Air Transportation Program at North Carolina State
University and one individual commenter recommended FAA specifically
state that tethered powered small UAS are considered small UAS under
proposed part 107. In response to these comments, the FAA notes that
the definition of small UAS in this rule includes tethered powered
small UAS.
4. Model Aircraft
    This rulemaking includes the definition of the term ``model
aircraft'' as it appears in section 336 of Public Law 112-95. Thus, in
this IFR, ``model aircraft'' means an unmanned aircraft that is (1)
capable of sustained flight in the atmosphere; (2) flown within visual
line of sight of the person operating the aircraft; and (3) flown for
hobby or recreational purposes.

C. Exclusion From the Requirement to Register

    Clarification/Request for Information: The DOT and the FAA posed
the following question in the October 22, 2015 Clarification/Request
for Information document (80 FR at 63914):

Consistent with past practice of discretion, should certain UAS be
excluded from registration based on performance capabilities or
other characteristics that could be associated with safety risk,
such as weight, speed, altitude operating limitations, duration of
flight? If so, please submit information or data to help support the
suggestions, and whether any other criteria should be considered.

    The agency received many comments responding to this inquiry. A few
commenters said this question is premature because there is
insufficient data available to determine what, if any, safety risk is
posed by various categories of UAS. One individual commenter said this
question should not be asked until after there are ``thorough,
independent studies available showing the effects of different hobby
aircraft on the national airspace and potential interference with full
scale aviation.'' The commenter further stated that once the results of
that research are available, the public should have an opportunity to
comment on them. Another individual said the FAA cannot make a
determination about exclusions from the registration requirement until
testing is conducted to see what the actual damage would be to
buildings, cars, people, and manned aircraft from UAS of different
sizes.
    No unmanned aircraft should be excluded from the requirement of
registration: Some commenters said that all unmanned aircraft should be
registered. One individual commenter, for example, asserted that if the
intent of registration is to have the ability to identify the operator
of a UAS, then there is no logical reason to base the requirement to
register on factors such as the speed, performance, capability, or size
of a UAS. Another individual commenter said all unmanned aircraft
should be registered because unmanned aircraft of any size or weight
could pose a safety threat to manned aircraft (including, for example,
helicopters on emergency or rescue missions that operate at all
altitudes and from areas other than certificated airports). Chronicled,
Inc. said that if the registration procedure is ``efficient and
seamless'' then it should include all unmanned aircraft.
    The National Association of Broadcasters asserted that UAS
registration is a reasonable step to mitigate the dangers posed by a
small minority of hobbyist UAS operators that are flying in a careless
and reckless manner that endangers the public. The City of Arlington
(Texas) Police Department stated that ``the increasing popularity of
the recreational use of UAS by model aircraft operators has presented
significant public safety and regulatory challenges in Arlington and
our nation's cities,'' and strongly urged the FAA to require the
registration of all UAS systems. The Air Medical Operators Association
stated that all UAS capable of entering the NAS and conflicting with
manned aircraft in flight should be considered aircraft and be subject
to the registration requirement.
    The Colorado Agricultural Aviation Association (CoAAA) supported
its position that all UAS need to be registered by pointing out that
low altitude airspace is already being shared by manned and unmanned
flight operations ``without any definitive safety protocols beyond
operate in a safe manner and yield to manned aircraft.'' As the number
of unmanned aircraft using the airspace increases, the commenter
continued, so does the potential for a mid-air collision which could
lead to loss of the aircraft, injuries, or death. CoAAA and the
National Agricultural Aviation Association (NAAA) further supported
their positions that there should be no exemption for light-weight UAS
by pointing to bird-strike data from a joint report by the FAA and the
USDA. Comparing the dangers associated with collisions between wildlife
and civil aircraft to the dangers associated with collisions between
light-weight UAS and civil aircraft, the commenters asserted that it
does not take a very large bird to do significant damage to an
airplane. By way of example, CoAAA noted that mallard ducks (which
weigh between 1.6 and 3.5 pounds) and turkey vultures (which weigh
between 1.8 to 5.1 pounds) can break through the windshield of aircraft
used for agricultural purposes.
    The Electronic Privacy Information Center (EPIC) also opposed an
exemption from the registration requirement for any UAS that operates
in the NAS. EPIC stated that the size of a UAS is not strictly
indicative of the privacy risks it poses and, in fact, that smaller UAS
can more easily conduct ``surreptitious surveillance on unsuspecting
individuals.''
    Modovolate Aviation, LLC and a number of individual commenters
recommended a limited exemption for unmanned aircraft that are operated
exclusively indoors.
    All model aircraft should be excluded from the requirement of
registration: A large number of commenters recommended an exemption
from the registration requirement for model aircraft. These commenters
included many individual members of the Academy of Model Aeronautics
(AMA), as well as other members of the recreational/hobby community.
Among the reasons given by commenters for this position were the facts
that traditional model aircraft have a long history of safe operations
and that the FAA is not authorized to regulate model aircraft. The
Aerospace Industries Association said the exemption of ``hobby
platforms'' from registration would enhance the viability of the
registration process by allowing the focus of the registry to remain on
``commercial use platforms.''
    With respect to which aircraft would qualify as ``model aircraft''
for the purposes of an exemption from the registration requirement,
some commenters said that any model aircraft flown recreationally
should be exempt. One individual commenter asserted that

other countries, such as Australia, Canada and the United Kingdom have
made this distinction between recreational and commercial use and not
required registration of recreational use aircraft. The Minnesota
Department of Transportation also stated that it has not required UAS
operated solely for recreational use to register. Many other commenters
specifically stated that any model aircraft operated within the safety
programming of the AMA should be considered ``model aircraft'' and not
``UAS'' and therefore exempt from the registration requirement. A large
number of those commenters asserted that the AMA has ``an impeccable
80-year track record of operating safely,'' and that requiring AMA
members to register their aircraft will have no impact on that safety
record. Several commenters recommended that the FAA require model
aircraft operators to become AMA members. Some other commenters said
that any model aircraft that meets the definition of model aircraft
contained in the FAA Modernization and Reform Act of 2012 should be
exempt from the registration requirement.
    A number of individual commenters highlighted the distinction
between traditional model aircraft that are home built or assembled
from kits (which they characterized as separate from UAS) and Ready to
Fly (RTF) aircraft that do not require assembly (which they
characterized as UAS). These commenters claimed that traditional model
aircraft do not pose a safety risk to the NAS because they are flown
strictly within the operator's visual line of sight, have no autonomous
control, and have fairly limited ranges. Some commenters also pointed
out that model aircraft that are operated within the auspices of the
AMA can only be flown at AMA-sanctioned fields and must already display
the owner's AMA member ID. Commenters contrasted these models with
ready-to-fly aircraft, which are easy to operate, capable of vertical
take-off, payload carrying and flying autonomously and beyond visual
line of sight, and are often equipped with other enhanced capabilities,
such as cameras, GPS systems, and remote viewing electronics.
Commenters asserted that the problems that have prompted the FAA to
require registration are due to the proliferation of these ready-to-fly
aircraft that can be flown beyond visual line of sight. One commenter
said ``their ease of use, intuitive controls, and overall availability
have created a perfect storm, wherein inexperienced flyers are flying
in inappropriate and/or dangerous places.''
    Some commenters recommended a blanket exemption for home-built
model aircraft. One commenter explained that home-built models should
be exempt from registration because individuals who build their own
model aircraft ``have the time, experience, personal investment and
motivation to be aware of and observe safe modeling practices.''
Another commenter asserted that exempting home- or scratch-built model
aircraft ``will allow experimenters, programmers, developers and beta
testers to exercise their creativity without complicating or impeding
the creative process with unnecessary restrictions.'' Other commenters
did not request a blanket exemption for home-built model aircraft but
instead recommended exemptions based on performance capabilities, which
would necessarily exclude traditional model aircraft. Those
recommendations are discussed below.
    Unmanned aircraft under a certain weight should be excluded from
the requirement of registration: Many commenters recommended that the
FAA create an exemption from the registration requirement for UAS that
fall below a minimum weight threshold. One individual commenter said
the FAA needs to collect some real data to determine the weight below
which unmanned aircraft no longer pose a threat to people or manned
aircraft. Another individual commenter stated any weight threshold
chosen for exemption needs to be determined based on kinetic energy and
lethality studies. Other commenters made both general and specific
recommendations for a minimum weight threshold.
    Some individuals based their recommendations on a comparison
between the risks to manned aircraft from bird strikes and the risks
from collisions with unmanned aircraft. One commenter said that any
aircraft over the weight of a mallard duck should be registered.
Another commenter recommended an exemption for UAS ``which present a
risk equivalent or less than an acceptable bird strike.'' Another
commenter recommended an exemption for UAS that weigh less than 1.5
times the heaviest flying bird's weight. Another commenter noted that
the FAA has regulations that define the requirements for aircraft to
withstand impact from birds (14 CFR 25.631) and engine ingestion from
birds (14 CFR 33.76), and recommended the FAA exempt any unmanned
aircraft that would have equal or less impact than a bird with the
characteristics described in those existing regulations. Another
individual commenter said a threshold weight of 2 pounds is ``entirely
reasonable'' because crows weigh between 0.7 and 2.6 pounds. Another
commenter stated that a weight threshold of 1 kilogram (or 2.2 pounds)
is appropriate because it represents a small risk factor based on an
FAA wildlife strike report that says ``species with body masses < 1
kilogram (2.2 lbs) are excluded from database.'' \34\ Another
individual commenter asserted that a weight threshold of 5 pounds is
appropriate because damage is likely to be minimal in an emergency
event and because manned aircraft already must have the ability to
withstand a similar bird strike.
---------------------------------------------------------------------------

    \34\ Wildlife Strikes to Civil Aircraft in the United States
1990-2014 (July 2015), available at http://www.faa.gov/airports/airport_safety/wildlife/media/Wildlife-Strike-Report-1990-2014.pdf.
---------------------------------------------------------------------------

    Some commenters based their recommendations on the weight threshold
proposed by the FAA in the sUAS Operation and Certification NPRM for a
possible micro UAS classification.\35\ The News Media Coalition said
that if the FAA adopts special rules for micro UAS, then those micro
UAS should be exempt from the registration requirement. Aviation
Management Associates, Inc. similarly stated that the weight threshold
for registration should be 4.4 pounds--the weight proposed in the sUAS
Operation and Certification NPRM--``or lesser weight if it is
determined vehicles of less than 4.4 pounds create an unacceptable
safety risk.'' Aviation Management qualified its recommendation,
however, by asserting that no UAS that weighs less than 1.5 pounds
should be required to register. A few individual commenters also stated
that the weight threshold for registration should be in line with the
weight threshold chosen for a micro UAS classification.
---------------------------------------------------------------------------

    \35\ The sUAS Operation and Certification NPRM considered the
creation of a micro UAS classification for UAS weighing no more than
4.4 pounds (2 kilograms) for purposes of operation and certification
requirements. 80 FR at 9556-9558.
---------------------------------------------------------------------------

    The Agricultural Technology Alliance (ATA) asserted that if the FAA
issues a blanket exemption from the registration requirement for all
micro UAS registration, it can better focus its efforts on higher-risk
UAS without compromising safety. ATA also noted that Canada has a
similar exemption for micro UAS.
    A number of commenters, including Aviation Management Associates,
Inc., the National Retail Federation and numerous individuals, asserted
that the FAA should exempt UAS that fit into the ``toy'' category. Many
of those

commenters did not suggest a minimum weight threshold for a toy
category. Several individual commenters suggested the FAA use the AMA's
guidelines for the Park Flyer Program (i.e., aircraft weighing 2 pounds
or less) to define what qualifies as a ``toy'' for purposes of this
exclusion.
    The Toy Industry Association said that for purposes of defining
products that should be exempt from the registration requirement, it is
not necessary to create an independent ``toy UAS'' category that is
separate from the category of unmanned aircraft that should be exempt
from registration requirements ``due to their lower risk.''
Specifically, the association discouraged the FAA from creating a
``toy'' category based on factors unrelated to operational safety, such
as cost of the UAS, how it is marketed, or where it is sold, and
encouraged the agency to ``instead look at targeted UAS performance
indicators that directly speak to the operational risk of the product
and exempt all UAS that fit in that category.'' The Toy Industry
Association highlighted the weight of the UAS as ``the most risk-
related and measurable variable.'' The commenter noted that most of its
members manufacture UAS that are below 1 kilogram, but that certain UAS
that weigh more than 1 kilogram should also be considered for exemption
(i.e., products intended to be flown indoors, products than can only
fly relatively low, and products that are equipped with technology that
makes the product safer, such as crash avoidance technology or
technology that limits the height the UAS can fly).
    Prox Dynamics stated that smaller and lighter air vehicles
generally display less risk than larger ones. The company asserted, for
example, that ``a fly-sized low energy drone has negligible risk, even
if a direct impact is considered.'' The company further asserted that a
class of ``inherently safe'' aircraft exists that should be exempt from
the registration requirement. Specifically, the company recommended an
exemption for aircraft with a maximum weight of less than 60 grams. A
few individual commenters suggested 3.3 pounds because that weight is
used as a threshold for regulating model rockets. Horizon Hobby
recommended that products with a gross weight of less than 2 kilograms
be exempt from the registration requirement, which the commenter
asserted is in line with current FAA-approved exemption for hobby uses.
An individual commenter stated that rules already exists for other
unmanned objects operating in the NAS, including kites, balloons and
rockets (14 CFR part 101), and that the FAA should follow the precedent
set by those rules and only regulate UAS heavier than 4 to 6 pounds.
Other commenters also recommended specific weight thresholds for
exemption from the registration requirement ranging from 60 grams on
the low end to 100-150 pounds on the high end.
    A few individual commenters framed their proposals in terms of
payload weight. One commenter recommended an exemption for unmanned
aircraft that are not capable of carrying a payload of more than 1 or 2
pounds. Another commenter recommended that registration be required for
unmanned aircraft that are capable of carrying more than 10 pounds of
payload. Another commenter said registration be required for any
unmanned aircraft that weighs more than 8 or 10 pounds and can carry a
load of its weight or higher. An individual commenter asserted that
even small, relatively light-weight models have dangerous rotors and
can carry a risk of doing damage if they collide with, or are ingested
into the engine of, a full-scale aircraft. This commenter further
asserted that technology is advancing to enable a single control
station to operate multiple UAS in a coordinate way, and a ``swarm'' of
otherwise light-weight UAS would be dangerous if flown into the path of
a full-scale aircraft.
    Some commenters recommended minimum weight thresholds for specific
types of UAS. A number of commenters, for example, said model aircraft
that do not operate within existing AMA rules should be above 5 pounds
to trigger the registration requirement. Another individual commenter
said that only model aircraft that are one-half scale or larger should
be subject to registration. One individual commenter recommended a 1
kilogram (2.2 pound) threshold for multicopters. The commenter noted
that this threshold is commonly used in Europe and the United Kingdom.
Another individual commenter recommended a weight threshold of 25
pounds for fixed-wing UAS and 10 pounds for non-fixed-wing UAS. One
individual commenter recommended an exemption for quadcopters under
1,500 grams, while another individual commenter recommended an
exemption for quadcopters under 20 pounds. One individual commenter
recommended an exemption for ``toy'' unmanned aircraft that are 1 pound
or less and registration only if used above 300 feet for ``mini'' UAS
weighing between 1 and 7 pounds. A few commenters recommended an
exemption for small unmanned aircraft that are made out of foam,
although the individual did not specify a weight threshold for these
aircraft.
    Unmanned aircraft with certain performance capabilities should be
excluded from the requirement of registration: A large number of
individual commenters recommended that the registration requirement
apply only to UAS that possess certain performance capabilities or
aircraft specifications. Many of those commenters, including
individuals who submitted comments as part of an AMA form letter
campaign, said the registration requirement should apply only to
unmanned aircraft that have the ability to operate beyond the
operator's visual line of sight. Other commenters, including Aviation
Management Associates, Inc. and numerous individuals, also said that
unmanned aircraft that are capable of beyond visual line of sight
operations should be registered, but those commenters did not say that
such unmanned aircraft are the only small unmanned aircraft that should
be registered.
    In addition to the ability to operate beyond visual line of sight,
commenters recommended that the registration requirement apply only to
unmanned aircraft that have one or more of the following performance
capabilities:

Have the ability to fly autonomously.
Have automated control functions such as ``return-to-home.''
Have RNAV capabilities (either through satellite base navigation or
through inertial navigation).
Have first person view capabilities.
Have an onboard navigational system.
Are equipped with GPS.
Take off vertically.
Are capable of hovering.
Are capable of hovering during normal operation and are equipped
with onboard photo or video recording equipment.
Are capable of automated or remote-controlled pickup or drop-off of
a payload.
Are equipped with an onboard camera or audio recording equipment.
Can transmit a video signal at more than \1/4\ mile.
Are capable of flight for longer than a specified minimum period of
time.
Have a range that exceeds a specified minimum distance. One
commenter characterized this as ``electronic line of site.''
Have the ability to fly above a specified minimum altitude.
Are capable of entering controlled or restricted airspace.

    Some commenters suggested some minimum weight threshold in
combination with one or more of the above-listed capabilities.
    A group of academics recommended the FAA adopt a progressive
approach that requires registration for only the most problematic
technologies--which

they asserted to be long-range first person view and GPS waypoint
navigation--and then ``transparently assess'' the results of this
registration. These commenters noted that if the FAA determines that
conventional model aircraft are still creating an undue hazard for
aviation, then additional measures (such as a requirement for low-cost
pressure altimeters that limit model aircraft below 400 feet) could be
implemented.
    The Aerospace Industries Association said that only aircraft
capable of sustained, untethered flight should be registered. A few
individual commenters similarly recommended exemptions for aircraft
that are control-line operated (i.e., tethered flight), that are hand-
thrown or rubber-band powered (i.e., ``free flight'' aircraft), and
that are unpowered (e.g., gliders).
    Several members of the ``free flight'' community specifically
recommended that the FAA create an exemption for light-weight, free
flight model aircraft that weigh 10 ounces or less and have no means of
externally controlling their aircraft while in flight.
    Another individual similarly asserted that speed, altitude, and
flight duration will depend on battery, motor, and propeller size, and
that weight should therefore be used to determine which UAS should be
exempt from the registration requirement. The commenter noted that
consideration of factors such as speed, altitude, and flight duration
raises the question of what defines the actual UAS (e.g., the fuselage
for a plane, the frame of a quadcopter). The commenter further noted
that the same fuselage can have dramatically different performance
characteristics if the battery, motor, or propeller is changed. The
commenter asserted that registering each combination ``would be
absurd,'' and any change in propeller, motor, or battery size would
raise questions of when an owner needs to re-register the aircraft.
    There were commenters, however, who disagreed with a requirement to
register UAS that possess some of the above-listed capabilities. An
individual commenter, for example, said that enhanced capabilities such
as first person view or flight controls capable of autonomous flight
should not be a reason for requiring registration. The commenter
claimed that an aircraft that does not exceed safe mass/speed/altitude/
duration thresholds is not automatically a threat to manned aircraft
simply by virtue of being equipped with enhanced capabilities. Another
individual commenter said that small UAS equipped with GPS should not
automatically be required to register because some small UAS flown by
beginners use GPS to stabilize the aircraft, which increases their
safety level. The commenter noted that these UAS have controls that
will not let the aircraft fly above a certain altitude. Several
commenters said that any requirement to register all UAS that have the
ability to fly above a certain altitude or to enter controlled airspace
should exclude UAS that are programmed with geofencing or ``Safe Fly''
technology, which limits altitude and restricts flight into controlled
airspace. The Toy Industry Association cautioned against using altitude
as a threshold for registration. The commenter noted that not all
companies use technology that limits the height a UAS can fly and that
it would be premature to spell out specific technological requirement
to ensure that UAS fly below a certain altitude when other technology
advancements may develop that achieve the same purpose. The Toy
Industry Association also asserted that the issue of whether a UAS is
equipped with a camera is not relevant to registration. The association
stated that, while there are legitimate privacy concerns to consider,
``this conversation should not take place in the context of the
aviation industry safety at this time.''
    The National Retail Federation said that unmanned aircraft ``that
are designated as `toys' with limited performance capabilities'' should
be exempt from the registration process. The commenter did not,
however, specify what qualifies as ``toys,'' or what performance
capabilities would remove an unmanned aircraft from the ``toy''
category. Rather, the commenter said the FAA should require
registration based on potential safety and security risks associated
with performance capabilities or material specifications of the
unmanned aircraft, or the age of the operator.
    Some commenters stated more generally that aircraft capabilities
should not be a consideration for exemption from registration. One
individual said speed, altitude, and flight duration should not be
criteria for registration because they can vary depending on a wide-
variety of ``user-selectable UAS components'' such as props choice,
battery size, and flight mode, among others. Another individual said
that because unmanned aircraft are constantly changing and evolving, it
would be a poor choice to develop limitations based on performance.
Several other individuals stated that registration should only be
required if the operator intends to operate in the same airspace as
manned aircraft. A few other individuals said all UAS flown in public
spaces should be registered, regardless of aircraft capabilities.
Another individual said capabilities of the aircraft have nothing to do
with whether it is a safety risk or not; rather, it is the practices of
the pilot that determine the safety risk.
    Unmanned aircraft should be excluded based on operations conducted:
Some commenters said that unmanned aircraft should be excluded from the
registration requirement based on operations, rather than weight or
aircraft specifications and capabilities. Modovolate Aviation, LLC and
a number of individual commenters recommended a limited exemption for
UAS that are operated exclusively indoors. As noted above, many
commenters said that small UAS that are operated within the operator's
visual line of sight, or below a minimum altitude, or below a certain
speed, should be exempt from the registration requirement. Also noted
above, some individual commenters recommended an exemption from the
registration requirement for UAS that are flown under AMA safety
guidelines on AMA-sanctioned flying fields. A few other individual
commenters recommended an exemption for UAS that are operated, with
permission, over private property. Another individual commenter
recommended an exemption for UAS engaged in semi-commercial/
agricultural operations that are conducted under 500 feet above ground
level and over sparely populated areas. Another individual commenter
recommended an exemption for UAS flying over ``largely unpopulated
areas.'' Several individual commenters said the registration
requirement should not apply to UAS that are used at schools and
institutions for educational purposes. Another individual commenter
recommended an exemption for UAS used for non-profit purposes.
    The US Drone Racing Association said that drones used for racing--
which generally stay under 100 feet and within visual line of sight--
should not be required to register, unless their operations exceed some
minimum operational thresholds such as beyond visual line of sight,
range over half mile, or above 400 feet.
    An individual commenter noted that, due to radio restrictions for
video transmissions, first person view pilots are required by law to
have a Federal Communications Commission (FCC) license for any
transmitter over 25mW. Because those pilots are already required to
register and place identifying markings on the transmitter,

the commenter recommended an exemption from the FAA registration
requirement for a first person view pilot with an FCC license.
    Other commenters phrased their recommendations in terms of UAS
operations that should be included in the registration requirement. A
number of commenters, including Aviation Management Associates, Inc.
and many individuals, said any UAS used for commercial purposes should
be registered. Several individual commenters said UAS operated in
controlled airspace should be required to register. Another individual
commenter said registration should be required for UAS that operate
over private property, at altitudes over 400 feet, over populated
areas, and within 5 miles of an airport.
    Other comments on whether certain UAS should be excluded from the
registration requirement: Some commenters recommended registration
requirements based on aircraft type. Several individuals said that all
fixed-wing UAS should be exempt from registration. A few other
individuals said that only multirotor UAS should be required to
register (because they are easy to fly and can take off from anywhere).
Other categories of UAS that commenters said should be included in the
registration requirements were high-volume production aircraft (i.e.,
models produced in volumes greater than a specified value, such as
5,000 or 10,000 units per year) and UAS powered by gas/oil mixes. Some