Airworthiness Criteria: Special Class Airworthiness Criteria for the Yamaha Fazer R, 19021-19024 [2018-09102]
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules
exemptions are needed to protect
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the exemptions are required to avoid
disclosure of screening techniques; to
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ability to obtain information from third
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privacy of third parties; and to safeguard
classified information. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
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In appropriate circumstances, when
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system
and the overall law enforcement
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A notice of system of records for DHS/
ALL–039 Foreign Access Management
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List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
chapter I of title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. Revise the authority citation for Part
5 to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 5 U.S.C. 301.
2. Amend appendix C to part 5 by
adding paragraph 78:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
amozie on DSK30RV082PROD with PROPOSALS
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78. The DHS/ALL–039 Foreign Access
Management System of Records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/ALL–
039 Foreign Access Management System of
Records is a repository of information held
by DHS in connection with its several and
varied missions and functions, including, but
not limited to the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings there under; and national
security and intelligence activities. The DHS/
ALL–039 Foreign Access Management
System of Records contains information that
is collected by, on behalf of, in support of,
or in cooperation with DHS and its
components and may contain personally
identifiable information collected by other
federal, state, local, tribal, foreign, or
international government agencies.
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(5), has exempted this system from the
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following provisions of the Privacy Act: 5
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record
received from another system has been
exempted in that source system under 5
U.S.C. 552a(j)(2), DHS will claim the same
exemptions for those records that are claimed
for the original primary systems of records
from which they originated and claims any
additional exemptions set forth here.
Exemptions from these particular
subsections are justified, on a case-by-case
basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) (Accounting for
Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of that investigation
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process. When an
investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that an
investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and
Amendment to Records) because access to
the records contained in this system of
records could inform the subject of an
investigation of an actual or potential
criminal, civil, or regulatory violation to the
existence of that investigation and reveal
investigative interest on the part of DHS or
another agency. Access to the records could
permit the individual who is the subject of
a record to impede the investigation, to
tamper with witnesses or evidence, and to
avoid detection or apprehension.
Amendment of the records could interfere
with ongoing investigations and law
enforcement activities and would impose an
unreasonable administrative burden by
requiring investigations to be continually
reinvestigated. In addition, permitting access
and amendment to such information could
disclose security-sensitive information that
could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear, or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements) and (f)
(Agency Rules), because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
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noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2018–09195 Filed 4–30–18; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. FAA–2018–0379]
Airworthiness Criteria: Special Class
Airworthiness Criteria for the Yamaha
Fazer R
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed
airworthiness criteria.
AGENCY:
The FAA announces the
availability of and requests comments
on proposed airworthiness criteria for
an unmanned aircraft system, Yamaha
Motor Corporation, U.S.A., model Fazer
R. This document proposes policy for a
special class of aircraft, to designate
airworthiness criteria found by the FAA
to provide an equivalent level of safety,
for this proposed design, to existing
standards.
SUMMARY:
Send comments on or before
May 31, 2018.
ADDRESSES: Send comments identified
by docket number FAA–2018–0379
using any of the following methods:
D Federal eRegulations Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
D 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.
D Hand Delivery of Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
DATES:
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D Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://regulations.gov, including any
personal information the commenter
provides. Using the search function of
the docket website, anyone can find and
read the electronic form of all comments
received into any FAA docket,
including the name of the individual
sending the comment (or signing the
comment for an association, business,
labor union, etc.). DOT’s complete
Privacy Act Statement can be found in
the Federal Register published on April
11, 2000 (65 FR 19477–19478), as well
as at https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://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: Mr.
Quentin Coon, AIR–692, Federal
Aviation Administration, Policy &
Innovation Division, Small Airplane
Standards Branch, Aircraft Certification
Service, 901 Locust, Room 301, Kansas
City, MO 64106, telephone (816) 329–
4168, facsimile (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take
part in the development of these
airworthiness criteria by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the airworthiness
criteria, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will consider all comments
received on or before the closing date
for comments. We will consider
comments filed late if it is possible to
do so without incurring expense or
delay. We may change these
airworthiness criteria based on received
comments.
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Background
Yamaha Motor Corporation, U.S.A.
(Yamaha) applied to the FAA on April
28, 2017 for special class type
certification under Title 14, Code of
Federal Regulations (14 CFR) 21.17(b)
for the Fazer R Unmanned Aircraft
System (UAS). The Fazer R UAS (Fazer
R) consists of the Unmanned Aircraft
(UA), flight transmitter ground control
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station, and payload spray system. The
Fazer R is a vertical take-off UAS that
is of the traditional main/tail rotor
helicopter design. Its intended primary
use is conducting crop-spraying
operations in the agricultural industry.
The aircraft and payload spray system
would weigh approximately 244 lbs
with full fuel and oil tanks, and be able
to carry a payload of approximately 105
lbs. The main rotor is just over nine feet
in diameter, and the aircraft would be
just over three feet high and 12 feet long
with a carbon frame. The aircraft would
be powered by a fuel-injected 2-cylinder
engine running on regular gasoline. The
aircraft would have a ‘‘Turn Assistance’’
function that enables automatic turning
to facilitate back-and-forth agricultural
operations.
The proposed policy was developed
in order to establish performance-based
airworthiness criteria appropriate for
the Yamaha Fazer R.
Discussion
The FAA establishes airworthiness
criteria to ensure the safe operation of
aircraft in accordance with 49 U.S.C.
44701(a) and 44704. The applicant has
proposed a design with constraints
upon its operations and an unusual
design characteristic: The pilot is
remotely located. The FAA proposes
that existing airworthiness criteria,
including Title 14 Code of Federal
Regulations (14 CFR) parts 23 and 27,
do not provide criteria appropriate to
the proposed design.
The FAA proposes this aircraft is a
‘‘special class’’ under 14 CFR 21.17(b),
and proposes that the following
airworthiness criteria are appropriate for
this aircraft and would provide an
equivalent level of safety to existing
airworthiness standards. These
proposed airworthiness criteria differ
from those in 14 CFR parts 23 and 27
due to the aircraft’s design, which
includes various constraints upon the
aircraft’s operation. These constraints
include its relatively small size, lack of
humans on board, and operations that
would be limited to remote locations,
low altitude, and visual range of a
trained flight crew.
The FAA has reviewed the proposed
design and assessed the potential risk to
the National Aerospace System (NAS).
The FAA took into consideration the
size of the proposed aircraft, its
maximum airspeed and altitude, and
operational limitations such as where it
would operate and whether it would
operate out of sight of its operators.
These factors allowed the FAA to
estimate the kinetic energy of the
proposed design when in operation, and
the potential risk the aircraft could pose
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to other aircraft and people and
property nearby. Using these types of
parameters, the FAA developed
airworthiness criteria appropriate for
that risk to ensure the aircraft remains
reliable, controllable, safe, and
airworthy.
The particular airworthiness criteria
proposed by this notice were selected
for the following reasons:
UAS Concept of Operations: To assist
the FAA in identifying and analyzing
the risks and impacts associated with
integrating the Fazer R proposed design
into the NAS, the applicant would be
required to submit a Concept of
Operations (CONOPS). The CONOPS
identifies the applicant’s proposed
operational concepts for this aircraft and
would contain a description of the UAS
and its operation.
UAS Means of Compliance: To
address the risks associated with
inadequate or incomplete showings of
compliance to the performance-based
criteria described in this notice, the
proposed airworthiness criteria include
a requirement that the applicant only
utilize a means of compliance accepted
by the FAA, in accordance with FAA
Advisory Circular 23.2010–1.
UAS Operational Envelope and
Limitations: In order to ensure the UAS
is operated only in accordance with its
type design, the applicant must define
the operational envelope and proposed
operational limitations. The applicant
would be required to show that the UAS
can be operated safely and reliably
within the operational envelope and
limitations, mitigating the hazards that
could result from an unconstrained
operating envelope.
UAS Instructions for Continued
Airworthiness (ICA): To address the
risks associated with degradation of the
aircraft caused by age and use, and to
ensure that the UAS can be maintained
for safe operation, the applicant would
be required to prepare Instructions for
Continued Airworthiness for the UAS
that are accepted by the FAA, in
accordance with FAA Order 8110.54A.
The proposed criteria are derived from
14 CFR parts 23 and 27, and past FAA
practices, but are tailored for this
proposed design.
UAS Flight Manual: To address the
risks associated with improper
operation of the UAS, such as flight
above the approved operating altitude,
at weights above maximum takeoff
weight, and at speeds greater than the
maximum allowed speed, the applicant
would be required to provide a flight
manual. The manual would be used to
ensure that the flight crew operates the
aircraft only within the proposed
operational envelope and limitations.
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UAS Flight Testing: To address the
risks associated with inadequate design
and integration, the applicant would be
required to conduct flight testing to
demonstrate adequate structure, system
reliability, and proper function.
UAS Critical Parts: To ensure the
continued airworthiness of the aircraft
and address the risks of castrophic
failure, which is a failure that causes a
fatal injury or results in destruction of
the UAS, the applicant would be
required to identify those parts that
could cause a catastrophic event upon
failure. Those parts must be properly
maintained to prevent a catastrophic
failure.
UAS Controls: To address the risks
associated with loss of control of the
UAS caused by the failure or improper
use of UAS controls, the applicant
would be required to design controls
that are adequate to safely and reliably
control the UAS.
UAS Flight Termination System: To
address the risks associated with
uncontrolled flight and inadvertent or
unsafe operation, the applicant would
be required to provide a means to
quickly and safely terminate the UAS
flight.
UAS Engine and Engine Control
System: To address the risks associated
with failure or loss of control of the
powerplant, the applicant would be
required to design the engine and
engine controls so that they are durable
and reliable.
UAS Powerplant Installation: To
address the risks associated with failure
of the powerplant installation that
includes each component necessary for
propulsion or that affects propulsion
safety, the applicant would be required
to design the powerplant installation to
ensure its continued safe operation.
UAS Systems and Equipment: To
address the risks associated with the
failure or malfunction of electric and
mechanical systems and equipment, the
applicant would be required to design
and install the systems and equipment
to perform safely and reliably their
intended function when considered
separately and in relation to other
systems.
UAS Communication: To address the
risks associated with loss of
communication between the flight crew
members and between the flight crew
and the UA, the applicant would be
required to provide an FAA approved
means that allows for all
communication necessary to safely
operate the UA.
UAS Interference from External
Sources: To address the risks associated
with cyber threats and system failures or
malfunctions, the applicant would be
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required to design the UAS’ electronic
systems and networks to protect against
and minimize the effects of intentional
and unintentional external interference.
UAS Interference with Other Aircraft
or Obstacles: To address the risks
associated with collisions with obstacles
and other aircraft, the applicant would
be required to use an FAA accepted
means of compliance showing how the
UAS will remain well clear of obstacles
and other aircraft so as to avoid the risk
of collision.
Operational Considerations
The following operational
considerations were derived from the
applicant’s CONOPS, which helped
drive the development of these
proposed airworthiness criteria. The
aircraft would:
1. Be primarily used for agricultural
use to include spraying, sensing, and
imaging.
2. Operate in remote or sparsely
populated areas.
3. Not operate over people and
occupied vehicles on roads and
highways.
4. Operate at 400 feet above ground
level (AGL) or lower.
5. Operate at a maximum altitude of
6,500 feet above mean sea level (MSL).
6. Be operated within Visual Line of
Sight (VLOS) as defined in 14 CFR part
107.31, Visual line-of-sight aircraft
operation.
7. Be operated by a minimum flight
crew consisting of one pilot-incommand (PIC) and one visual observer.
8. Be operated by a flight crew that is
appropriately qualified and trained.
9. Be operated by a minimum flight
crew that would operate only one UAS
at any time.
10. Be operated by a flight crew that
has successfully completed required
flight crew training.
11. Be maintained by persons who
hold required FAA maintenance
certificates or work according to an FAA
approved maintenance program.
12. Be maintained by persons who
have completed required maintenance
training.
13. Be equipped with caution and
alerting annunciation that is visible to
the PIC and visual observer during
flight.
14. Remain within Radio Line-ofSight (RLOS) of the control station.
RLOS is the straight and unobstructed
path between the transmitting and
receiving antennas.
15. Electronically communicate
between the UA and the ground control
station only within frequencies
approved by the Federal
Communications Commission (FCC).
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19023
16. Operate in Class G airspace unless
specifically authorized by the FAA.
17. Operate subject to minimum
setback distances that define how far
people must be from the UA, the control
station, and the operating zone when
the UA is operating.
18. Operate within specific
meteorological conditions that define
permissible wind speeds, turbulence,
visibility, outside air temperature, or
other parameters as identified. The UAS
would not operate in icing conditions,
in accordance with 14 CFR 91.527.
19. Operate in day Visual
Meteorological Conditions (VMC).
Note: A change to the CONOPS may
require a change to the airworthiness criteria.
Proposed Airworthiness Criteria
The FAA proposes to establish, as a
matter of policy, the following
airworthiness criteria for type
certification of the Yamaha Fazer R. The
FAA proposes that compliance with the
following would appropriately mitigate
the risks associated with the proposed
design and Concept of Operations
(CONOPS) and would provide an
equivalent level of safety to existing
rules:
UAS Concept of Operations: The
applicant must define and submit to the
FAA a (CONOPS) proposal describing
the intended UAS operation in the
National Airspace System (NAS).
UAS Accepted Means of Compliance:
1. An applicant must comply with
these airworthiness criteria using a
means of compliance, which may
include consensus standards, accepted
by the FAA.
2. An applicant requesting acceptance
of a means of compliance must provide
the means of compliance to the FAA in
a form and manner acceptable to the
FAA.
UAS Operational Envelope and
Limitations: The operational envelope
and operational limitations must be
defined:
1. The UAS must be shown to perform
as intended within the defined
operational envelope and operational
limitations.
2. The UAS must be consistently and
predictably controllable and
maneuverable within the operating
envelope, including:
(a) At all loading conditions for which
certification is requested;
(b) During all phases of flight; and
(c) During configuration changes.
UAS Instructions for Continued
Airworthiness: The applicant must
prepare Instructions for Continued
Airworthiness (ICA) for the UAS that
are acceptable to the FAA. The ICA may
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be incomplete at type certification if a
program exists to ensure their
completion prior to delivery of the first
UAS or issuance of a standard certificate
of airworthiness, whichever occurs
later.
The ICA must contain a section titled
Airworthiness Limitations that is
segregated and clearly distinguishable
from the rest of the document. This
section must set forth each mandatory
replacement time, structural inspection
interval, and related structural
inspection procedure required for type
certification. If the ICA consist of
multiple documents, the section
required by this paragraph must be
included in the principal manual. This
section must contain a legible statement
in a prominent location that reads ‘‘The
Airworthiness Limitations section is
FAA approved and specifies
maintenance conducted under §§ 43.16
and 91.403 of Title 14 of the Code of
Federal Regulations unless an
alternative program has been FAA
approved.’’
UAS Flight Manual: The applicant
must provide a UAS Flight Manual with
each UAS. The UAS Flight Manual must
contain the following information—
(a) UAS operating limitations;
(b) UAS normal and emergency
operating procedures;
(c) Performance information;
(d) Loading information; and
(e) Other information that is necessary
for safe operation because of design,
operating, or handling characteristics.
UAS Flight Testing: The UAS must
successfully complete at least 150 hours
of flight testing to determine whether
there is reasonable assurance that the
UAS, its components, its equipment,
and structures are adequate, reliable,
and function properly. The testing must
consist of:
1. At least 50 hours with the
Unmanned Aircraft (UA) at 5 percent
over maximum weight at critical weight,
altitude, and temperature; and
2. At least 100 hours in normal
operations.
UAS Critical Parts: A critical part is
a part, the failure of which could have
a catastrophic effect upon the UAS. If
the type design includes critical parts, a
critical parts list must be established.
The applicant must develop and
define inspections or other procedures
to prevent failures due to degradation of
critical parts. Each of these inspections
or procedures must be included in the
Airworthiness Limitations Section of
the ICA.
UAS Controls:
1. Flight Controls: The applicant must
design the flight control systems and
control station to:
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(a) Operate easily, smoothly, and
positively enough to allow proper
performance of their functions, and
(b) Protect against likely hazards.
2. Flight Crew Interface: The control
station must be designed to allow the
flight crew to perform their duties and
to perform any maneuvers within the
operating envelope of the UAS, without
excessive concentration, skill, alertness,
or fatigue considering the intended
operating conditions for the control
station.
3. Equipment: The applicant must
define and install necessary equipment
so the flight crew can monitor and
perform defined tasks associated with
the intended functions of the systems
and equipment.
4. Flight Crew Error: The UAS must be
designed to minimize flight crew errors
which could result in additional
hazards.
UAS Flight Termination System:
1. There must be a means for the flight
crew to quickly and safely terminate the
UA flight.
2. The UAS must have a means to
safely terminate the UA flight when safe
operation cannot continue or be
maintained.
3. There must be means to prevent
inadvertent operation of the flight
termination system.
UAS Engine and Engine Control
System:
1. The UAS Engine and Engine
Control System includes each
component necessary for propulsion or
which affects propulsion safety.
2. The UAS Engine and Engine
Control System installation must be
designed, constructed, installed, and
maintained to ensure its continued safe
operation within the operational
envelope between normal inspections
and overhauls.
3. The UAS Engine Control System
including any Engine Control Unit
(ECU) software or electronic hardware
must be designed and developed using
methods accepted by the FAA.
4. The applicant must identify the
UAS Engine and Engine Control System
failure modes and effects that may result
in a catastrophic condition to the UAS.
The applicant must mitigate each
hazard to a level acceptable to the FAA.
5. The UAS Engine and Engine
Control System operability, durability
and reliability must be demonstrated.
UAS Powerplant Installation:
1. The powerplant installation
includes each part of the UAS (other
than the main and auxiliary rotor
structures) that—
(a) Is necessary for propulsion;
(b) Affects the control of the major
propulsive units; or
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(c) Affects the safety of the major
propulsive units between normal
inspections or overhauls.
2. Each component of the powerplant
installation must be constructed,
arranged, and installed to ensure its
continued safe operation between
normal inspections or overhauls for the
range of temperature and altitude for
which approval is requested.
UAS Systems and Equipment: This
requirement applies to the UAS unless
another requirement has been imposed
for a specific piece of equipment,
system, or systems. The UAS systems
and equipment, including any software
or electronic hardware, must be
designed and developed using methods
accepted by the FAA.
1. The systems and equipment
required for a UAS to operate safely in
the kinds of operations for which
certification is requested must be
designed and installed to perform their
intended function throughout the
operating and environmental limits for
which the UAS is certificated.
2. All systems and equipment not
covered by paragraph 1 of this section,
considered separately and in relation to
other systems, must be designed and
installed so their operation or failure,
does not have an adverse effect on the
UAS.
UAS Communication:
1. The applicant must define the type,
methods, and operational limits of
communication, including the
mitigation of any hazard created by any
loss of communication between the
flight crew and between the flight crew
and the UAS.
2. A means must be provided to allow
for all communication necessary to
safely operate the UA.
UAS Interference from External
Sources: The design must minimize the
risks associated with interference to
UAS electronic systems and networks
from external sources.
UAS Interference with Other Aircraft
or Obstacles: The UAS must have a
means to remain well clear of obstacles
and other aircraft for its intended
operation and airspace to avoid the risk
of collision.
Note: The FAA may propose amending this
airworthiness criteria, or propose additional
operational criteria, prior to approval of the
type design.
Issued in Kansas City, Missouri, on April
23, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch,
Aircraft Certification Service.
[FR Doc. 2018–09102 Filed 4–30–18; 8:45 am]
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Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Proposed Rules]
[Pages 19021-19024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09102]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. FAA-2018-0379]
Airworthiness Criteria: Special Class Airworthiness Criteria for
the Yamaha Fazer R
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed airworthiness criteria.
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SUMMARY: The FAA announces the availability of and requests comments on
proposed airworthiness criteria for an unmanned aircraft system, Yamaha
Motor Corporation, U.S.A., model Fazer R. This document proposes policy
for a special class of aircraft, to designate airworthiness criteria
found by the FAA to provide an equivalent level of safety, for this
proposed design, to existing standards.
DATES: Send comments on or before May 31, 2018.
ADDRESSES: Send comments identified by docket number FAA-2018-0379
using any of the following methods:
[ssquf] Federal eRegulations Portal: Go to https://www.regulations.gov and follow the online instructions for sending your
comments electronically.
[ssquf] 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.
[ssquf] Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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[ssquf] Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to https://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket
website, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
https://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: Mr. Quentin Coon, AIR-692, Federal
Aviation Administration, Policy & Innovation Division, Small Airplane
Standards Branch, Aircraft Certification Service, 901 Locust, Room 301,
Kansas City, MO 64106, telephone (816) 329-4168, facsimile (816) 329-
4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take part in the development of
these airworthiness criteria by sending written comments, data, or
views. The most helpful comments reference a specific portion of the
airworthiness criteria, explain the reason for any recommended change,
and include supporting data. We ask that you send us two copies of
written comments.
We will consider all comments received on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these airworthiness criteria based on received comments.
Background
Yamaha Motor Corporation, U.S.A. (Yamaha) applied to the FAA on
April 28, 2017 for special class type certification under Title 14,
Code of Federal Regulations (14 CFR) 21.17(b) for the Fazer R Unmanned
Aircraft System (UAS). The Fazer R UAS (Fazer R) consists of the
Unmanned Aircraft (UA), flight transmitter ground control station, and
payload spray system. The Fazer R is a vertical take-off UAS that is of
the traditional main/tail rotor helicopter design. Its intended primary
use is conducting crop-spraying operations in the agricultural
industry.
The aircraft and payload spray system would weigh approximately 244
lbs with full fuel and oil tanks, and be able to carry a payload of
approximately 105 lbs. The main rotor is just over nine feet in
diameter, and the aircraft would be just over three feet high and 12
feet long with a carbon frame. The aircraft would be powered by a fuel-
injected 2-cylinder engine running on regular gasoline. The aircraft
would have a ``Turn Assistance'' function that enables automatic
turning to facilitate back-and-forth agricultural operations.
The proposed policy was developed in order to establish
performance-based airworthiness criteria appropriate for the Yamaha
Fazer R.
Discussion
The FAA establishes airworthiness criteria to ensure the safe
operation of aircraft in accordance with 49 U.S.C. 44701(a) and 44704.
The applicant has proposed a design with constraints upon its
operations and an unusual design characteristic: The pilot is remotely
located. The FAA proposes that existing airworthiness criteria,
including Title 14 Code of Federal Regulations (14 CFR) parts 23 and
27, do not provide criteria appropriate to the proposed design.
The FAA proposes this aircraft is a ``special class'' under 14 CFR
21.17(b), and proposes that the following airworthiness criteria are
appropriate for this aircraft and would provide an equivalent level of
safety to existing airworthiness standards. These proposed
airworthiness criteria differ from those in 14 CFR parts 23 and 27 due
to the aircraft's design, which includes various constraints upon the
aircraft's operation. These constraints include its relatively small
size, lack of humans on board, and operations that would be limited to
remote locations, low altitude, and visual range of a trained flight
crew.
The FAA has reviewed the proposed design and assessed the potential
risk to the National Aerospace System (NAS). The FAA took into
consideration the size of the proposed aircraft, its maximum airspeed
and altitude, and operational limitations such as where it would
operate and whether it would operate out of sight of its operators.
These factors allowed the FAA to estimate the kinetic energy of the
proposed design when in operation, and the potential risk the aircraft
could pose to other aircraft and people and property nearby. Using
these types of parameters, the FAA developed airworthiness criteria
appropriate for that risk to ensure the aircraft remains reliable,
controllable, safe, and airworthy.
The particular airworthiness criteria proposed by this notice were
selected for the following reasons:
UAS Concept of Operations: To assist the FAA in identifying and
analyzing the risks and impacts associated with integrating the Fazer R
proposed design into the NAS, the applicant would be required to submit
a Concept of Operations (CONOPS). The CONOPS identifies the applicant's
proposed operational concepts for this aircraft and would contain a
description of the UAS and its operation.
UAS Means of Compliance: To address the risks associated with
inadequate or incomplete showings of compliance to the performance-
based criteria described in this notice, the proposed airworthiness
criteria include a requirement that the applicant only utilize a means
of compliance accepted by the FAA, in accordance with FAA Advisory
Circular 23.2010-1.
UAS Operational Envelope and Limitations: In order to ensure the
UAS is operated only in accordance with its type design, the applicant
must define the operational envelope and proposed operational
limitations. The applicant would be required to show that the UAS can
be operated safely and reliably within the operational envelope and
limitations, mitigating the hazards that could result from an
unconstrained operating envelope.
UAS Instructions for Continued Airworthiness (ICA): To address the
risks associated with degradation of the aircraft caused by age and
use, and to ensure that the UAS can be maintained for safe operation,
the applicant would be required to prepare Instructions for Continued
Airworthiness for the UAS that are accepted by the FAA, in accordance
with FAA Order 8110.54A. The proposed criteria are derived from 14 CFR
parts 23 and 27, and past FAA practices, but are tailored for this
proposed design.
UAS Flight Manual: To address the risks associated with improper
operation of the UAS, such as flight above the approved operating
altitude, at weights above maximum takeoff weight, and at speeds
greater than the maximum allowed speed, the applicant would be required
to provide a flight manual. The manual would be used to ensure that the
flight crew operates the aircraft only within the proposed operational
envelope and limitations.
[[Page 19023]]
UAS Flight Testing: To address the risks associated with inadequate
design and integration, the applicant would be required to conduct
flight testing to demonstrate adequate structure, system reliability,
and proper function.
UAS Critical Parts: To ensure the continued airworthiness of the
aircraft and address the risks of castrophic failure, which is a
failure that causes a fatal injury or results in destruction of the
UAS, the applicant would be required to identify those parts that could
cause a catastrophic event upon failure. Those parts must be properly
maintained to prevent a catastrophic failure.
UAS Controls: To address the risks associated with loss of control
of the UAS caused by the failure or improper use of UAS controls, the
applicant would be required to design controls that are adequate to
safely and reliably control the UAS.
UAS Flight Termination System: To address the risks associated with
uncontrolled flight and inadvertent or unsafe operation, the applicant
would be required to provide a means to quickly and safely terminate
the UAS flight.
UAS Engine and Engine Control System: To address the risks
associated with failure or loss of control of the powerplant, the
applicant would be required to design the engine and engine controls so
that they are durable and reliable.
UAS Powerplant Installation: To address the risks associated with
failure of the powerplant installation that includes each component
necessary for propulsion or that affects propulsion safety, the
applicant would be required to design the powerplant installation to
ensure its continued safe operation.
UAS Systems and Equipment: To address the risks associated with the
failure or malfunction of electric and mechanical systems and
equipment, the applicant would be required to design and install the
systems and equipment to perform safely and reliably their intended
function when considered separately and in relation to other systems.
UAS Communication: To address the risks associated with loss of
communication between the flight crew members and between the flight
crew and the UA, the applicant would be required to provide an FAA
approved means that allows for all communication necessary to safely
operate the UA.
UAS Interference from External Sources: To address the risks
associated with cyber threats and system failures or malfunctions, the
applicant would be required to design the UAS' electronic systems and
networks to protect against and minimize the effects of intentional and
unintentional external interference.
UAS Interference with Other Aircraft or Obstacles: To address the
risks associated with collisions with obstacles and other aircraft, the
applicant would be required to use an FAA accepted means of compliance
showing how the UAS will remain well clear of obstacles and other
aircraft so as to avoid the risk of collision.
Operational Considerations
The following operational considerations were derived from the
applicant's CONOPS, which helped drive the development of these
proposed airworthiness criteria. The aircraft would:
1. Be primarily used for agricultural use to include spraying,
sensing, and imaging.
2. Operate in remote or sparsely populated areas.
3. Not operate over people and occupied vehicles on roads and
highways.
4. Operate at 400 feet above ground level (AGL) or lower.
5. Operate at a maximum altitude of 6,500 feet above mean sea level
(MSL).
6. Be operated within Visual Line of Sight (VLOS) as defined in 14
CFR part 107.31, Visual line-of-sight aircraft operation.
7. Be operated by a minimum flight crew consisting of one pilot-in-
command (PIC) and one visual observer.
8. Be operated by a flight crew that is appropriately qualified and
trained.
9. Be operated by a minimum flight crew that would operate only one
UAS at any time.
10. Be operated by a flight crew that has successfully completed
required flight crew training.
11. Be maintained by persons who hold required FAA maintenance
certificates or work according to an FAA approved maintenance program.
12. Be maintained by persons who have completed required
maintenance training.
13. Be equipped with caution and alerting annunciation that is
visible to the PIC and visual observer during flight.
14. Remain within Radio Line-of-Sight (RLOS) of the control
station. RLOS is the straight and unobstructed path between the
transmitting and receiving antennas.
15. Electronically communicate between the UA and the ground
control station only within frequencies approved by the Federal
Communications Commission (FCC).
16. Operate in Class G airspace unless specifically authorized by
the FAA.
17. Operate subject to minimum setback distances that define how
far people must be from the UA, the control station, and the operating
zone when the UA is operating.
18. Operate within specific meteorological conditions that define
permissible wind speeds, turbulence, visibility, outside air
temperature, or other parameters as identified. The UAS would not
operate in icing conditions, in accordance with 14 CFR 91.527.
19. Operate in day Visual Meteorological Conditions (VMC).
Note: A change to the CONOPS may require a change to the
airworthiness criteria.
Proposed Airworthiness Criteria
The FAA proposes to establish, as a matter of policy, the following
airworthiness criteria for type certification of the Yamaha Fazer R.
The FAA proposes that compliance with the following would appropriately
mitigate the risks associated with the proposed design and Concept of
Operations (CONOPS) and would provide an equivalent level of safety to
existing rules:
UAS Concept of Operations: The applicant must define and submit to
the FAA a (CONOPS) proposal describing the intended UAS operation in
the National Airspace System (NAS).
UAS Accepted Means of Compliance:
1. An applicant must comply with these airworthiness criteria using
a means of compliance, which may include consensus standards, accepted
by the FAA.
2. An applicant requesting acceptance of a means of compliance must
provide the means of compliance to the FAA in a form and manner
acceptable to the FAA.
UAS Operational Envelope and Limitations: The operational envelope
and operational limitations must be defined:
1. The UAS must be shown to perform as intended within the defined
operational envelope and operational limitations.
2. The UAS must be consistently and predictably controllable and
maneuverable within the operating envelope, including:
(a) At all loading conditions for which certification is requested;
(b) During all phases of flight; and
(c) During configuration changes.
UAS Instructions for Continued Airworthiness: The applicant must
prepare Instructions for Continued Airworthiness (ICA) for the UAS that
are acceptable to the FAA. The ICA may
[[Page 19024]]
be incomplete at type certification if a program exists to ensure their
completion prior to delivery of the first UAS or issuance of a standard
certificate of airworthiness, whichever occurs later.
The ICA must contain a section titled Airworthiness Limitations
that is segregated and clearly distinguishable from the rest of the
document. This section must set forth each mandatory replacement time,
structural inspection interval, and related structural inspection
procedure required for type certification. If the ICA consist of
multiple documents, the section required by this paragraph must be
included in the principal manual. This section must contain a legible
statement in a prominent location that reads ``The Airworthiness
Limitations section is FAA approved and specifies maintenance conducted
under Sec. Sec. 43.16 and 91.403 of Title 14 of the Code of Federal
Regulations unless an alternative program has been FAA approved.''
UAS Flight Manual: The applicant must provide a UAS Flight Manual
with each UAS. The UAS Flight Manual must contain the following
information--
(a) UAS operating limitations;
(b) UAS normal and emergency operating procedures;
(c) Performance information;
(d) Loading information; and
(e) Other information that is necessary for safe operation because
of design, operating, or handling characteristics.
UAS Flight Testing: The UAS must successfully complete at least 150
hours of flight testing to determine whether there is reasonable
assurance that the UAS, its components, its equipment, and structures
are adequate, reliable, and function properly. The testing must consist
of:
1. At least 50 hours with the Unmanned Aircraft (UA) at 5 percent
over maximum weight at critical weight, altitude, and temperature; and
2. At least 100 hours in normal operations.
UAS Critical Parts: A critical part is a part, the failure of which
could have a catastrophic effect upon the UAS. If the type design
includes critical parts, a critical parts list must be established.
The applicant must develop and define inspections or other
procedures to prevent failures due to degradation of critical parts.
Each of these inspections or procedures must be included in the
Airworthiness Limitations Section of the ICA.
UAS Controls:
1. Flight Controls: The applicant must design the flight control
systems and control station to:
(a) Operate easily, smoothly, and positively enough to allow proper
performance of their functions, and
(b) Protect against likely hazards.
2. Flight Crew Interface: The control station must be designed to
allow the flight crew to perform their duties and to perform any
maneuvers within the operating envelope of the UAS, without excessive
concentration, skill, alertness, or fatigue considering the intended
operating conditions for the control station.
3. Equipment: The applicant must define and install necessary
equipment so the flight crew can monitor and perform defined tasks
associated with the intended functions of the systems and equipment.
4. Flight Crew Error: The UAS must be designed to minimize flight
crew errors which could result in additional hazards.
UAS Flight Termination System:
1. There must be a means for the flight crew to quickly and safely
terminate the UA flight.
2. The UAS must have a means to safely terminate the UA flight when
safe operation cannot continue or be maintained.
3. There must be means to prevent inadvertent operation of the
flight termination system.
UAS Engine and Engine Control System:
1. The UAS Engine and Engine Control System includes each component
necessary for propulsion or which affects propulsion safety.
2. The UAS Engine and Engine Control System installation must be
designed, constructed, installed, and maintained to ensure its
continued safe operation within the operational envelope between normal
inspections and overhauls.
3. The UAS Engine Control System including any Engine Control Unit
(ECU) software or electronic hardware must be designed and developed
using methods accepted by the FAA.
4. The applicant must identify the UAS Engine and Engine Control
System failure modes and effects that may result in a catastrophic
condition to the UAS. The applicant must mitigate each hazard to a
level acceptable to the FAA.
5. The UAS Engine and Engine Control System operability, durability
and reliability must be demonstrated.
UAS Powerplant Installation:
1. The powerplant installation includes each part of the UAS (other
than the main and auxiliary rotor structures) that--
(a) Is necessary for propulsion;
(b) Affects the control of the major propulsive units; or
(c) Affects the safety of the major propulsive units between normal
inspections or overhauls.
2. Each component of the powerplant installation must be
constructed, arranged, and installed to ensure its continued safe
operation between normal inspections or overhauls for the range of
temperature and altitude for which approval is requested.
UAS Systems and Equipment: This requirement applies to the UAS
unless another requirement has been imposed for a specific piece of
equipment, system, or systems. The UAS systems and equipment, including
any software or electronic hardware, must be designed and developed
using methods accepted by the FAA.
1. The systems and equipment required for a UAS to operate safely
in the kinds of operations for which certification is requested must be
designed and installed to perform their intended function throughout
the operating and environmental limits for which the UAS is
certificated.
2. All systems and equipment not covered by paragraph 1 of this
section, considered separately and in relation to other systems, must
be designed and installed so their operation or failure, does not have
an adverse effect on the UAS.
UAS Communication:
1. The applicant must define the type, methods, and operational
limits of communication, including the mitigation of any hazard created
by any loss of communication between the flight crew and between the
flight crew and the UAS.
2. A means must be provided to allow for all communication
necessary to safely operate the UA.
UAS Interference from External Sources: The design must minimize
the risks associated with interference to UAS electronic systems and
networks from external sources.
UAS Interference with Other Aircraft or Obstacles: The UAS must
have a means to remain well clear of obstacles and other aircraft for
its intended operation and airspace to avoid the risk of collision.
Note: The FAA may propose amending this airworthiness criteria,
or propose additional operational criteria, prior to approval of the
type design.
Issued in Kansas City, Missouri, on April 23, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-09102 Filed 4-30-18; 8:45 am]
BILLING CODE 4910-13-P