[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Proposed Rules]
[Pages 14319-14321]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2012-0252]
Unmanned Aircraft System Test Sites
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Request for comments.
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SUMMARY: The FAA intends to identify six test ranges/sites to integrate
unmanned aircraft systems (UAS) into the National Airspace System
(NAS). This pilot project is in direct response to a Congressional
mandate. The FAA believes that designation of such UAS test sites will
assist in the effort to safely and efficiently integrate UAS into the
NAS and solicits feedback on this issue. This feedback will be utilized
to help develop UAS test site requirements, designation standards, and
oversight activity.
DATES: The FAA values the input of the UAS community at large and
intends to incorporate ideas and suggestions into the UAS test site
designation process. Send your comments on or before May 8, 2012.
The FAA will also host national webinars to provide further
information and obtain feedback regarding the six test ranges/sites.
Additional information and frequently asked questions are available at
www.faa.gov/.
ADDRESSES: You may send comments identified by docket number FAA-2012-
0252 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, 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: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to 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: Richard Prosek, Manager, Unmanned
Aircraft Program Office, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591, call
(202) 385-4835, facsimile (202) 385-4559, email uastestsites@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
An unmanned aircraft is a device that is used, or is intended to be
used, for flight in the air with no onboard pilot. These devices may be
as simple as a light, hand launched aircraft flown within line of sight
of the operator or as complex as a high altitude surveillance aircraft
patrolling our nation's borders. They may be flown using a data link to
transmit commands to the aircraft. They may perform a variety of public
services, including: Surveillance, collection of air samples to
determine levels of pollution, or rescue and recovery missions in
crisis situations. They currently range in size from wingspans of six
inches to over 240 feet; and can weigh from approximately four ounces
to over 32,000 pounds. The one thing they have in common is that their
numbers and uses are growing dramatically. In the United States alone,
approximately 50 companies, universities, and government organizations
are developing and producing some 155 unmanned aircraft designs.
Regulatory standards need to be developed to enable current technology
for unmanned aircraft, and unmanned aircraft operations, to comply with
Title 14 Code of Federal Regulations (CFR). Additionally, research
needs to be performed to assess and mitigate operational safety and
efficiency issues to enable routine UAS operations in the NAS.
Congressional Mandate Under FAA Modernization and Reform Act of 2012
On February 14, 2012, the FAA Modernization and Reform Act of 2012
was signed by the President. The Act includes specific requirements for
unmanned aerial [aircraft] systems and national airspace.
Under H.R. 658, Section 331(c), the FAA Administrator is required
to establish a program to integrate unmanned aircraft systems into the
national airspace system at six test ranges. In establishing the
program, the Administrator shall:
(A) Safely designate airspace for integrated manned and unmanned
flight operations in the national airspace system;
(B) Develop certification standards and air traffic requirements
for unmanned flight operations at test ranges;
(C) Coordinate with and leverage the resources of the National
Aeronautics and Space Administration and the Department of Defense;
(D) Address both civil and public unmanned aircraft systems;
(E) Ensure that the program is coordinated with the Next Generation
Air Transportation System; and
(F) Provide for verification of the safety of unmanned aircraft
systems and related navigation procedures before integration into the
national airspace system. In determining the location of the 6 test
ranges of the program, the FAA Administrator shall--
(A) Take into consideration geographic and climatic diversity;
(B) Take into consideration the location of ground infrastructure
and research needs; and
(C) Consult with the National Aeronautics and Space Administration
and the Department of Defense.
[[Page 14320]]
Congressional Mandate Under National Defense Authorization Act (NDAA)
On December 30, 2011, the NDAA was signed by the President. Section
1097 includes specific requirements for unmanned aerial [aircraft]
systems and national airspace almost identical to the language in the
FAA Modernization and Reform Act of 2012.
Under the NDAA, the FAA's Administrator is required to establish a
program to integrate unmanned aircraft systems into the national
airspace system at six test ranges not later than 180 days after
December 30, 2011. In establishing the program, the Administrator
shall:
(1) Safely designate nonexclusionary airspace for integrated manned
and unmanned flight operations in the national airspace system;
(2) Develop certification standards and air traffic requirements
for unmanned flight operations at test ranges;
(3) Coordinate with and leverage the resources of the Department of
Defense (DoD) and the National Aeronautics and Space Administration
(NASA);
(4) Address both civil and public unmanned aircraft systems;
(5) Ensure that the program is coordinated with the Next Generation
Air Transportation System; and
(6) Provide for verification of the safety of unmanned aircraft
systems and related navigation procedures before integration into the
national airspace system.
In determining the location of a test range the Administrator
shall: (1) Take into consideration geographic and climatic diversity;
(2) take into consideration the location of ground infrastructure and
research needs; and (3) consult with DoD and NASA. A project at a test
range (a defined geographic area where research and development are
conducted) shall be operational no later than 180 days after the date
the pilot project is established.
No later than 90 days after the date of completing a pilot project,
the Administrator shall submit a report to: the Committee on Armed
Services, the Committee on Transportation and Infrastructure, and the
Committee on Science, Space, and Technology of the House of
Representatives; and, the Committee on Armed Services and the Committee
on Commerce, Science, and Transportation of the Senate. The report will
include a description and assessment of the progress being made in
establishing special use airspace to fill the immediate need of DoD.
The program shall terminate on the date that is five years after
the date of the enactment of this Act.
II. Discussion
To meet the Congressional timeline and increasing demand from the
UAS community, the FAA intends to designate UAS test sites based on
locations/applications submitted by interested government agencies,
private institutions and organizations. In addition to identification
of test ranges, the airspace volume that is associated with the test
range will need to be defined. Impact on NAS operational efficiency,
the ability to accommodate planned and projected research missions, and
other factors that are traditionally considered in determining flight
test airspace will be elements of the test range airspace designation.
The FAA will leverage test range experience from DoD and NASA in
the designation process and subsequent oversight activities. DoD and
NASA already have orders/directives covering the operation of their
test ranges. DoD and NASA have indicated that, while their
organizations are not requesting to create additional restricted
airspace for UAS testing, they are willing to assist the FAA with this
initiative. Appropriate guidance for test sites for civil and public
users (States, commercial, academia, etc.) should, to the extent
possible, be harmonized with current Federal directives.
In February 2009, the FAA entered into a Cooperative Research and
Development Agreement (CRDA) with a public university for collaborative
research on UAS, and operations were authorized in June 2011. UAS
operations are conducted under a Certificate of Waiver or Authorization
(COA) which precludes operations for compensation or hire. A safety
assessment process for operations was developed; and this process is
supported by Standard Operating Procedures (SOPs). The objective of
this research is to prescribe operating requirements in the NAS
(outside of restricted and/or warning area airspace) for the purpose of
testing, training and/or operational flights.
III. Request for Comments
The FAA is asking the public to answer the following questions to
help develop refined UAS test site requirements, designation standards,
and oversight activities. The period for this request for comment has
been limited to 60 days to ensure that the FAA is able to make informed
decisions based on public input, while still meeting the
Congressionally-mandated timelines. Comment size is limited to 2.5
pages per section (A-H) with an aggregate maximum of 20 pages using 12
point font size.
(A) The Congressional language asks the FAA to consult with and
leverage the resources of the DoD and the NASA in this effort. Since
many public operators already have access to test ranges and control
the management and use of those ranges, should the management of these
new test ranges be held by local governments or should a private entity
schedule and manage the airspace?
(B) Safety of the NAS is paramount to the integration of UAS test
sites. In the present UAS test range construct, the focus of the test
work is at the discretion of the proponent, provided that the testing
can be done safely. While preserving opportunities to accommodate
unique entrepreneurial efforts, the FAA believes that the new test
sites need to include focal points to ensure that research is
accomplished in each of the areas identified as a major obstacle to UAS
NAS integration. These focal areas include: UAS system safety and data
gathering; UAS aircraft certification; UAS command and control link
issues; UAS control station layout and certification; UAS ground and
airborne sense and avoid research; and, any environmental impacts
associated with the operation of UAS in the NAS. Are there other focal
areas that need to be elevated to the stature of being a test site
focal area?
(C) The legislation does not contain any funding for the set-up,
management or oversight of the test ranges. In the selection of a UAS
test site, the FAA anticipates that proponents with existing facilities
and infrastructure, such as operations buildings, launch facility/
runway, surveillance, monitoring and range control, would be considered
first, followed by proponents with firm funding for facilities and
infrastructure. Are there other overriding considerations for site
selection?
(D) The FAA believes that the combined capabilities of the six test
sites should provide an environment and opportunities to test:
(1) Conventional takeoff and landing capability,
(2) High speed flight,
(3) Maritime (launch/maneuver/recovery) capability,
(4) Operations at extremely high altitudes, and
(5) Evaluation of dissimilar aircraft in multiple altitude
structures.
While each site would not necessarily need to be identical, nor
would each site need to have all five of these capabilities, the FAA
believes that these capabilities should be present in the
[[Page 14321]]
aggregate of the six test sites. Are there any other capabilities that
test site selection should include?
(E) Geographical and climatic diversity are desirable traits for
the test site location. The FAA believes that in addition to these
traits, there are other important factors affecting siting. These
include proximity to potential users and availability of a suitable
ground or air transportation network. Are there other siting
characteristics of this nature that should be considered?
(F) The FAA believes that all UAS test site operators should be
able and willing to demonstrate their ability and experience in
conducting UAS operations and research. Methods that test site
operators can use for that include: providing a detailed plan of
operations (safety case, business case, etc.); demonstrating experience
in managing and oversight of research and development (R&D) activities;
and demonstrating the ability to mitigate technical and operational
risk. Test site operators will also be responsible for ensuring that
approval for use of any necessary frequency spectrum or transmit
authority has been obtained. Are there other test site operator
requirements that should be considered?
(G) The FAA is considering utilizing the requirements contained in
14 CFR 91.305, ``No person may flight test an aircraft except over open
water, or sparsely populated areas, having light air traffic.'' The FAA
also published an update to Order 8130.34A (currently Rev B) in
November 2011, which includes language specific to flight test areas
for experimental airworthiness operations. Should the FAA apply these
same requirements to those seeking a UAS test site designation?
(H) The FAA must define the airspace volume that is associated with
the test range. How should airspace volume associated with test ranges
be defined? Additionally, the FAA must assess the impact on NAS
operational efficiency. How should impact to NAS efficiency be
assessed?
IV. Conclusion
The FAA intends to utilize public comments to meet the requirements
spelled out in NDAA (H.R. 1540) SEC 1097 UNMANNED AERIAL SYSTEMS AND
NATIONAL AIRSPACE (a)-(d).
Issued in Washington, DC, on March 5, 2012.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. 2012-5735 Filed 3-7-12; 4:15 pm]
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