[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Proposed Rules]
[Pages 5905-5906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01877]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 85, No. 22 / Monday, February 3, 2020 / 
Proposed Rules  

[[Page 5905]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2019-1038]


Type Certification of Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of policy; request for comments.

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SUMMARY: The Federal Aviation Administration (FAA) is announcing and 
requesting comments on its policy for the type certification of certain 
Unmanned Aircraft Systems as a special class of aircraft under our 
regulations.

DATES: Comments must be received on or before March 4, 2020.

ADDRESSES: Send comments identified by docket number FAA-2019-1038 
using any of the following methods:
    [square] Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
    [square] 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.
    [square] Hand Delivery of Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue SE, Washington, DC, between 9 a.m., and 5 p.m., 
Monday through Friday, except Federal holidays.
    [square] Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to http://regulations.gov, including any personal information 
the commenter provides. Using the search function of the docket 
website, anyone can find and read the electronic form of all comments 
received into any FAA docket, including the name of the individual 
sending the comment (or signing the comment for an association, 
business, labor union, etc.). DOT's complete Privacy Act Statement can 
be found in the Federal Register published on April 11, 2000 (65 FR 
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the Docket Operations in Room W12-140 
of the West Building Ground Floor at 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andrew Guion, AIR-694, Federal 
Aviation Administration, Policy and Innovation Division, Small Airplane 
Standards Branch, Aircraft Certification Service, 901 Locust St., Room 
301, Kansas City, MO 64106, telephone (816) 329-4141, facsimile (816) 
329-4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested parties to submit comments on the policy 
described in this notice to one of the addresses specified above. 
Commenters must include Docket No. FAA-2019-1038 and identify ``Type 
Certification of Unmanned Aircraft Systems'' policy on all submitted 
correspondence. The most helpful comments reference a specific portion 
of the policy, explain the reason for any recommended change, and 
include supporting data. The FAA will consider all comments received on 
or before the closing date before issuing the final acceptance. The FAA 
will also consider comments filed late if it is possible to do so 
without incurring expense or delay. The FAA may change the policy based 
on received comments.
    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this notice contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this notice, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this notice. Submissions 
containing CBI should be sent to the individual identified under For 
Further Information Contact. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this notice.

Background

    In 2012, Congress passed the FAA Modernization and Reform Act of 
2012 (Pub. L. 112-95). Section 332 of Public Law 112-95 (codified at 49 
U.S.C. 44802) directed the FAA to develop a comprehensive plan to 
safely accelerate the integration of unmanned aircraft systems (UAS) 
into the National Airspace System (NAS). As part of that plan, the FAA 
integrated small UAS (less than 55 lbs.) into the NAS by issuing a rule 
on the Operation and Certification of Small Unmanned Aircraft Systems 
(81 FR 42064, June 28, 2016). The small UAS final rule added part 107 
to the FAA's regulations in Title 14 of the Code of Federal Regulations 
(14 CFR).
    Part 107 sets forth rules for the operation of small UAS without 
the need for FAA airworthiness certification. Under part 107, 
operations may not occur over persons, at night, above an altitude of 
400 feet, or beyond visual line-of-sight, without a waiver issued by 
the FAA. UAS weighing 55 lbs. or more and small UAS operating outside 
the limitations imposed by part 107 must receive airworthiness 
certification from the FAA or an exemption.

Discussion

    The FAA establishes airworthiness criteria and issues type 
certificates to ensure the safe operation of aircraft in accordance 
with 49 U.S.C. 44701(a) and 44704. Section 44704 requires the 
Administrator to find an aircraft, aircraft engine, or propeller to be 
of proper design, material, specification, construction, and 
performance for safe operation before issuing a type certificate for 
it.
    Part 21 contains the FAA's procedural requirements for 
airworthiness and type certification. When the FAA promulgated part 21 
as part of its

[[Page 5906]]

recodification to combine and streamline the Civil Air Regulations, it 
originally required applicants for a type certificate to show that the 
product met existing airworthiness standards (29 FR 14562, October 24, 
1964). Existing airworthiness standards for aircraft and other 
products, issued as a separate part of the FAA's regulations, are: 
Normal category airplanes under part 23, transport category airplanes 
under part 25, normal category rotorcraft under part 27, transport 
category rotorcraft under part 29, manned free balloons under part 31, 
aircraft engines under part 33, and propellers under part 35.
    The FAA amended part 21 to add procedural requirements for the 
issuance of type certificates for special classes of aircraft at 
amendment 21-60. In the final rule, the FAA explained that it intended 
the special class category to include, in part, those aircraft that 
would be eligible for a standard airworthiness certificate but for 
which certification standards do not exist due to their unique, novel, 
or unusual design features. The FAA further stated that the ``decision 
to type certificate an aircraft in either the special class aircraft 
category or under . . . the FAR is entirely dependent upon the 
aircraft's unique, novel, and/or unusual design features.'' (52 FR 
8040, March 13, 1987). Amendment 21-60 revised Sec.  21.17(b) to 
include the certification procedure for special classes of aircraft. 
For special classes of aircraft, for which airworthiness standards have 
not been issued, the applicable airworthiness requirements will be the 
portions of those existing standards contained in parts 23, 25, 27, 29, 
31, 33, and 35 found by the FAA to be appropriate for the aircraft and 
applicable to a specific type design, or such airworthiness criteria as 
the FAA may find provide an equivalent level of safety to those parts.
    An ``unmanned aircraft'' is an aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft. See 49 U.S.C. 44801(11); 14 CFR 1.1. Unmanned aircraft 
include all classes of airplanes, rotorcraft, and powered-lift without 
an onboard pilot. Many UAS elements, while essential for safe 
operation, are part of the UAS system but are not permanent features of 
the unmanned aircraft (UA). For example, instead of traditional landing 
gear with wheels and brakes, many UAS have a launch and recovery 
system. Additionally, because the pilot is not situated within the 
aircraft, unique configurations and applications of airframes, 
powerplants, fuels, and materials are possible and can result in flight 
characteristics different from those of conventional aircraft. These 
features specific to UAS are the very unique, novel, and/or unusual 
features the special class category was designed to accommodate.

Policy

    Accordingly, the FAA proposes that some UAS may be type 
certificated as a ``special class'' of aircraft under Sec.  21.17(b). 
The FAA proposes to issue type certificates for UAS with no occupants 
onboard under the process in Sec.  21.17(b). However, the FAA may still 
issue type certificates under Sec.  21.17(a) for airplane and 
rotorcraft UAS designs when appropriate. This proposed policy applies 
only to the procedures for the type certification of UAS, and is not 
intended to establish policy impacting other FAA rules on unmanned 
aircraft, such as operations, pilot certification, or maintenance.
    The FAA will announce and seek public comment on the particularized 
airworthiness criteria for each applicant as certification standards 
for this new special class evolve. Once generally-applicable standards 
are identified, the FAA intends to issue rulemaking or publish the 
standards as guidance in an Advisory Circular, as it has done for other 
special classes such as gliders, airships, and very light airplanes.
    The FAA's rulemaking on small UAS was only the first step in the 
FAA's plan to integrate UAS into the NAS. Many long-term activities are 
required for full integration of present and future UAS operations, 
including the delivery of packages and transportation of people. The 
UAS affected by this policy will include those used for package 
delivery. Future FAA activity, through either further policy or 
rulemaking, will address type certification for UAS carrying occupants.
    The contents of this document do not have the force and effect of 
law and are not meant to bind the public in any way. This document is 
intended only to provide clarity to the public regarding existing 
requirements under the law or agency policies.

    Issued in Kansas City, Missouri, on January 27, 2020.
Pat Mullen,
Manager, Small Airplane Standards Branch, AIR-690, Policy and 
Innovation Division, Aircraft Certification Service.
[FR Doc. 2020-01877 Filed 1-31-20; 8:45 am]
 BILLING CODE 4910-13-P