# Registration and Marking Requirements for Small Unmanned Aircraft > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2015-31750 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** December 16, 2015 - **Citation:** 80 FR 78594 ## Text 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. 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 202-493-2251. 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 (202) 267-6556; email UASRegistration@faa.gov . 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. Issue Interim final rule requirement Unmanned aircraft covered by the registration requirement Unmanned aircraft weighing less than 55 pounds and more than 0.55 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. § 48.15 Timing of registration Owners of small unmanned aircraft must register their aircraft prior to operation of the sUAS. § 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. § 48.5 Minimum age to register a small unmanned aircraft Persons 13 years of age and older are permitted to use the part 48 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. § 48.25 Registration platform Registration will occur through an online web-based system. § 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. § 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. § 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. § 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. § 48.30 Delivery of Certificate of Aircraft Registration Upon completion of the registration process, the Certificate of Aircraft registration will be delivered to the aircraft owner via the same web-based platform used to register the aircraft. § 48.100(d) Information contained on the Certificate of Aircraft Registration Small unmanned aircraft owner name, issue date and registration number. 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. §§ 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. § 48.200 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. 1 80 FR 9544 (Feb. 23, 2015). 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. 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 . 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. 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. 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 2014 Month Unmanned aircraft reports Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Count 0 1 2 5 11 16 36 30 41 41 33 22 238 Table 3—Unmanned Aircraft Reports, 2015 2015 Month Unmanned aircraft reports Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Total Count 26 50 85 64 95 132 128 193 127 137 96 1133 * 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. 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 . • 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. 9 SAFECOM (2015, July 18). Incident Report. Retrieved November 13, 2015 from https://www.safecom.gov/searchone.asp?ID=19694 . • 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 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 . • 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 11 Incident report from Robert Laffoon-Villegas, media relations, Southern California Edison, provided November 13, 2015. • 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 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 . • 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. 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/ . • 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 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 . 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). 15 80 FR 9544 (Feb. 23, 2015). 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 covered by the registration requirement? UAS that weigh under 55 pounds and above 250 grams maximum takeoff weight, and are operated outdoors in the NAS. Do owners need to register each individual UAS they own? No. The registration system is owner-based, so each registrant will have a single registration number that covers any and all UAS that the registrant owns. Is registration required at point-of-sale? No. Registration is mandatory prior to operation of a UAS in the NAS. What information is required for the registration process? Name and street address of the registrant are required. Mailing address, email address, telephone number, and serial number of the aircraft are optional. Is there a citizenship requirement? No. Is there a minimum age requirement? Yes. Persons must be 13 years of age to register. Is there a registration fee? No. Is the registration system electronic or web-based? The system for entry of information into 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 registration? A certificate of registration will be 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 have to be affixed to the aircraft? Yes, unless the registrant chooses to provide the FAA with the aircraft's 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 § 48.15 and the eligibility requirements in § 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 § 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 § 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 § 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 commenters suggested that UAS be excluded from the registration requirement based on frame size or prop size. A number of commenters recommended a combination of factors to consider when determining what, if any, category of UAS should be excluded from the registration requirement. Aviation Management Associates, Inc., said the FAA should exempt “any small UAS regardless of weight that is limited by manufacturing firmware or other acceptable means to operating below 500 feet above ground level, will not exceed a 1/2 range mile from the operator and the associated ground control station, as well as provides geo-fencing and altitude limitations that meets FAA exclusionary airspace.” The Property Drone Consortium stated that micro-drones of some maximum weight, speed, and altitude should be exempt from registration. The commenter suggested the following possible thresholds: Weight under 1 pound, 15-20 mph maximum flight speed, and an altitude of under 100 feet. The commenter also stated that an assessment could be made based on joules of imparted energy. The commenter further stated that region of operation should also be a point of consideration for a possible exemption from the registration requirement. The Retail Industry Leaders Association said the FAA should adopt a risk-based approach and only require registration of UAS that present the greatest safety risks, based on consideration of factors including: Product weight and overall size, operating range, maximum speed, maximum altitude, fragility, and GPS and other navigation capability. Travelers Insurance Company similarly asserted that any unmanned aircraft that the FAA determines poses a risk to the national airspace or causes serious bodily injury or property damage should be registered. The commenter went on to say that the FAA should exercise discretion with respect to unmanned aircraft “that are so light in weight and lacking in capabilities so as to pose no meaningful threat to persons, property or the national airspace.” The commenter did not, however, specify what weight or what limited capabilities should be used as a threshold for registration. Latitude Engineering, LLC asserted that “there exists a threshold of mass and speed under which the risk associated with the flight of an unregistered commercial UAS is more than offset by the value returned to the public.” The company stated that it reached this conclusion after evaluating the kinetic energy of various UAS airframe configurations from first principals and drawing from studies such as “UAS Safety Analysis” by Exponent (Dec. 16, 2014). The company's specific recommendation was to exempt UAS that are near the following values: Mass of an upper limit of 1 pound, speed limited to 50 knots, and altitude limited to 200 feet above ground level or 100 feet from the highest obstacle within 200 lateral feet. The company also asserted that no unregulated flights should be allowed within 5 miles of an airport. Delair-Tech asserted that it would make sense for a category of unmanned aircraft associated with a low risk of accidental damage to be exempt from registration. The company defined this category as unmanned aircraft that weigh less than 1 kilogram and have a flight performance that is limited to 50 meters in height. The company based its recommendation on the “toys and mini-drones” category defined by the European Aviation Safety Agency in Ref 5, Proposal 14. ATA stated that the FAA should exempt from the registration requirement any UAS that is to be used solely in rural areas, which the commenter said should be defined as a certain distance from an airport or a major population center. ATA noted that Canada also has an exemption for operations in low-risk rural areas. EPIC noted that the registration scheme, as currently envisioned, does little to solve the problem of identifying a UAS or UAS operator because the only UAS that will be identifiable are those that are recovered after a crash. EPIC also noted that the current registration plan does nothing to inform the public of surveillance capabilities of the drone, which is necessary to make UAS operators accountable to the public. Another individual said the important criteria for a registration determination are wingspan dimensions, propeller diameter and type, energy source, and weight. Another individual stated that exemptions should be based on weight, speed, and operating height. This commenter suggested the FAA use a formula to calculate a UAS's impact energy, where “E” is the impact energy, “m” is the mass, “v” is the maximum flight speed, “g” is gravitational acceleration (constant), and “h” is the height. This commenter stated that FAA could conduct a comprehensive study to determine the critical value of impact energy, and users could calculate the impact energy of their UAS, simply by filling the mass, maximum flights speed, and maximum height into an online formula available on the FAA Web site. Another individual said most “hobby class UAS” should be excluded from registration based on the empty weight of the aircraft and the potential kinetic energy of the unit. This commenter asserted that there is precedent for this method and that it has worked reasonably well with part 103 ultralight vehicles and light sport aircraft. This commenter claimed that a 55-pound model aircraft flown at 60 mph has around 12% of the kinetic energy of a part 103 vehicle traveling at the same speed, even with a payload of 40% of the empty weight. This commenter further claimed that a typical motorcycle driven at 40 mph would have nearly 4 times the kinetic energy of a 55-pound UAS flying at 60 mph. This commenter asserted that society accepts this level of risk for pedestrians, and questioned why one-quarter of that level of risk posed by an out-of-control UAS would also not be acceptable. Task Force Recommendation: The Task Force accepted as a baseline that the registration requirement will only apply to small unmanned aircraft ( i.e. , aircraft weighing less than 55 pounds) that are operated outdoors in the NAS. Beyond that baseline, however, the FAA asked the Task Force for recommendations regarding additional minimum requirements for small unmanned aircraft that would need to be registered. In particular, the agency asked the Task Force to consider factors including, but not limited to, technical capabilities and operational capabilities such as size, weight, speed, payload, equipage, and other factors such as the age of the operator. The safety of the non-flying public and of other users of the NAS was central to the Task Force's determination of what category of small unmanned [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2015-31750. Public record. Not legal advice.