Amendment to the Definition of Unmanned Aircraft Accident
| Published date | 21 May 2021 |
| Citation | 86 FR 27550 |
| Record Number | 2021-09807 |
| Section | Proposed rules |
| Court | National Transportation Safety Board |
Federal Register, Volume 86 Issue 97 (Friday, May 21, 2021)
[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Proposed Rules]
[Pages 27550-27551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09807]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 830
[Docket No.: NTSB-2021-0004]
RIN 3147-AA20
Amendment to the Definition of Unmanned Aircraft Accident
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The National Transportation Safety Board (NTSB) proposes
amending the definition of ``Unmanned aircraft accident'' by removing
the weight-based requirement and replacing it with an airworthiness
certificate or airworthiness approval requirement. The weight threshold
is no longer an appropriate criterion because unmanned aircraft systems
(UAS) under 300 lbs. are operating in high-risk environments, such as
beyond line-of-sight and over populated areas. The proposed definition
will allow the NTSB to be notified of and quickly respond to UAS events
with safety significance.
DATES: Send comments on or before July 20, 2021.
ADDRESSES: You may send comments, identified by Docket Number (No.)
NTSB-2021-0004, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Email: [email protected].
Fax: 202-314-6090.
Mail/Hand Delivery/Courier: NTSB, Office of General
Counsel, 490 L'Enfant Plaza East SW, Washington, DC 20594.
Instructions: All submissions in response to this NPRM must include
Docket No. NTSB-2021-0004. All comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket, go to http://www.regulations.gov
and search Docket No. NTSB-2021-0004.
FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel,
(202) 314-6080, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NTSB prescribes regulations governing the notification and
reporting of accidents involving civil aircraft. As an independent
federal agency charged with investigating and establishing the facts,
circumstances, and probable cause of every civil aviation accident in
the United States, the NTSB has an interest in redefining a UAS
accident in light of recent developments in the industry.
For NTSB purposes, ``unmanned aircraft accident'' means an
occurrence associated with the operation of an unmanned aircraft that
takes place between the time that the system is activated with the
purpose of flight and the time that the system is deactivated at the
conclusion of its mission, and in which any person suffers death or
serious injury, or in which the aircraft has a maximum gross takeoff
weight of 300 lbs. or greater and receives substantial damage.
At the time this definition was contemplated, the weight-based
requirement was necessary because defining an accident solely on
``substantial damage'' would have required investigations of numerous
small UAS crashes with no significant safety issues. See Final Rule, 75
FR 51953, 51954 (Aug. 24, 2010). Consequently, there is no legal
requirement to report or for the NTSB to investigate events involving
substantial damage to UAS weighing less than 300 lbs. because these are
not recognized ``unmanned aircraft accidents'' under the NTSB's
regulations. While this definition ensured that the NTSB expended
resources on UAS events involving the most significant risk to public
safety, the advent of higher capability UAS applications--such as
commercial drone delivery flights operating in a higher risk
environment (e.g., populated areas, beyond line-of-sight operations,
etc.)--has prompted the agency to propose an updated definition of
``unmanned aircraft accident.'' Moreover, in the August 24, 2010, Final
Rule, the NTSB anticipated future updates of the definition given the
evolving nature of UAS technology and operations. Id.
[[Page 27551]]
II. Airworthiness Certification/Approval
The NTSB believes that an updated definition is necessary given the
changing UAS industry. Pursuant to section 44807 of the Federal
Aviation Administration (FAA) Reauthorization Act of 2018
(Reauthorization Act), the FAA has recently promulgated proposed
rulemaking regarding UAS. Section 44807 directed the Department of
Transportation to use a risk-based approach to determine if certain UAS
may operate safely in the national airspace. A number of drone delivery
operations, among other applications, have begun using: (1) FAA Special
Airworthiness Certificates--Experimental, or (2) approvals under the
exemption processes per section 44807 of the Reauthorization Act that
allows the FAA to grant exemptions on an individual basis. As drone
delivery and other applications develop, airworthiness certification
will become more prevalent for certain unmanned aircraft similar to
that of manned aircraft.
Therefore, an unmanned aircraft--of any size or weight--used for
certain activities will require airworthiness certification or
approvals due to higher risk potential, such as flights over populated
areas for deliveries. Moreover, a substantially-damaged delivery drone
may uncover significant safety issues, the investigation of which may
enhance aviation safety through the independent and established NTSB
process. This proposed definition change will treat a UAS with
airworthiness certification or airworthiness approval in the same
manner as a manned aircraft with airworthiness certification or
airworthiness approval, thereby enabling the NTSB to immediately
investigate, influence corrective actions, and propose safety
recommendations.
Accordingly, the proposed definition will be flexible to account
for changes in the UAS industry and will allow the NTSB to respond
quickly to UAS events with safety significance, while not burdening the
agency or public with unnecessary responses.
III. Unaffected Regulations
A. 49 CFR 830.2 Aircraft Accident
There is no change to the current definition of ``aircraft
accident'' for those events in which death or serious injury occurs
regardless of weight or airworthiness status.
B. 14 CFR Part 107 Small Unmanned Aircraft Systems
The proposed definition will only affect those operations under 14
CFR part 107 that apply to small UAS that weigh less than 55 lbs. and
hold an airworthiness certificate. As for the remaining small UAS
operated under part 107 that do not hold airworthiness certificates or
approvals, the ``airworthiness certificate or approval'' criteria in
the proposed definition will not apply; only events resulting in
serious injury or death will be categorized as an ``accident.''
C. Section 349 of the Reauthorization Act
This proposed definition will not affect hobbyist/modeler
operations. The NTSB does not intend to investigate such accidents.
IV. Regulatory Analysis
Because the NTSB is an independent agency, this rule does not
require an assessment of its potential costs and benefits under section
6(a)(3) of Executive Order (E.O.) 12866, Regulatory Planning and
Review, 58 FR 51735 (Sept. 30, 1993). In addition, the NTSB has
considered whether this rule would have a significant economic impact
on a substantial number of small entities, under the Regulatory
Flexibility Act (5 U.S.C. 601-612). The NTSB certifies under 5 U.S.C.
605(b) that this rule would not have a significant economic impact on a
substantial number of small entities.
The NTSB does not anticipate this rule will have a substantial,
direct effect on state or local governments or will preempt state law;
as such, this rule does not have implications for federalism under E.O.
13132, Federalism, 64 FR 43255 (Aug. 4, 1999).
This rule complies with all applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice Reform, 61 FR 4729 (Feb. 5,
1996), to minimize litigation, eliminate ambiguity, and reduce burden.
The NTSB has evaluated this rule under: E.O. 12898, Federal Actions to
Address Environmental Judice in Minority Populations and Low-Income
Populations, 59 FR 7629 (Feb. 16, 1994); E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks, 62 FR 19885
(Apr. 21, 1997); E.O. 13175, Consultation and Coordination with Indian
Tribal Governments, 65 FR 67249 (Nov. 6, 2000); E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May 18, 2001); and the National
Environmental Policy Act, 42 U.S.C. 4321-47. Pursuant to the Paperwork
Reduction Act, the NTSB has determined that there is no new requirement
for information collection associated with this proposed rule. The NTSB
has concluded that this NPRM neither violates nor requires further
consideration under those orders and statutes.
The NTSB has concluded that this proposed rule neither violates nor
requires further consideration under the aforementioned Executive
orders and acts.
List of Subjects in 49 CFR Part 830
Air transportation, Aircraft accidents, Aircraft incidents,
Airworthiness directives and standards, Aviation safety, Drones,
Investigations, Reporting and recordkeeping requirements, Safety,
Unmanned aircraft systems.
The Chairman of the National Transportation Safety Board, Robert L.
Sumwalt, III, having reviewed and approved this document, is delegating
the authority to electronically sign this document to Brian Curtis, who
is the Deputy Managing Director for Investigations, for purposes of
publication in the Federal Register during the COVID-19 pandemic.
Brian Curtis,
Deputy Managing Director for Investigations.
Accordingly, for the reasons stated in the Preamble, the NTSB
proposes to amend 49 CFR part 830 as follows:
PART 830--NOTIFICATION AND REPORTING OF AIRCRAFT ACCIDENTS OR
INCIDENTS AND OVERDUE AIRCRAFT, AND PRESERVATION OF AIRCRAFT
WRECKAGE, MAIL, CARGO, AND RECORDS
0
1. The authority citation for part 830 continues to read as follows:
Authority: 49 U.S.C. 1101-1155; Pub. L. 85-726, 72 Stat. 731
(codified as amended at 49 U.S.C. 40101).
Sec. 830.2 [Amended]
0
2. Amend Sec. 830.2 in paragraph (2) of the definition of ``Unmanned
aircraft accident'' by removing the phrase ``has a maximum gross
takeoff weight of 300 pounds or greater'' and adding in its place
``holds an airworthiness certificate or approval''.
[FR Doc. 2021-09807 Filed 5-20-21; 8:45 am]
BILLING CODE 7533-01-P
