Accepted Means of Compliance; Operations Over Human Beings, Category 2 and Category 3 Small Unmanned Aircraft, 71372-71373 [2021-27188]

Download as PDF 71372 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations (e) Reason This AD was prompted by reports of bushing migration, loss of nut torque on the engine pylon lower inboard and outboard link fittings, a loose lower link assembly, and damaged nuts; and the need to shorten the compliance time for the modification of the pylon lower link fitting attaching parts. The FAA is issuing this AD to prevent loss of integrity of the lower link fittings of the engine pylon, which could lead to separation of the engine from the wing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements For airplanes identified in Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2020– 06–02R02, effective November 30, 2020 (ANAC AD 2020–06–02R02): Except as specified in paragraphs (h) and (i) of this AD, comply with all required actions and compliance times specified in, and in accordance with, ANAC AD 2020–06–02R02. (h) Exceptions to ANAC AD 2020–06–02R02 (1) Where ANAC AD 2020–06–02R02 refers to its effective date, this AD requires using the effective date of this AD. (2) Where ANAC AD 2020–06–02R02 refers to July 3, 2014, this AD requires using September 2, 2014 (the effective date of AD 2014–16–16). (3) Where ANAC AD 2020–06–02R02 refers to April 25, 2017, this AD requires using November 2, 2018 (the effective date of AD 2018–19–28). (4) Paragraphs (y), ‘‘Alternative methods of compliance (AMOCs),’’ and (z), ‘‘Material incorporated by reference,’’ of ANAC AD 2020–06–02R02 do not apply to this AD. (5) Where ANAC AD 2020–06–02R02 specifies ‘‘replace immediately,’’ this AD requires replacing ‘‘before further flight.’’ (6) Paragraph (w), ‘‘Parts installation prohibition,’’ of ANAC AD 2020–06–02R02 does not apply to this AD, except as specified in paragraph (i) of this AD. khammond on DSKJM1Z7X2PROD with RULES (i) Parts Installation Prohibition As of September 2, 2014 (the effective date of AD 2014–16–16), no person may install a lock assembly identified in Embraer Service Bulletin 190–54–0013, dated November 27, 2012; or Embraer Service Bulletin 190LIN– 54–0004, dated December 20, 2012; at the inboard or outboard lower link fitting on any airplane. (j) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, VerDate Sep<11>2014 16:14 Dec 15, 2021 Jkt 256001 send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or ANAC; or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (3) Required for Compliance (RC): Except as specified by paragraph (h) of this AD, for service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(3)(i) and (ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (k) Related Information For more information about this AD, contact Krista Greer, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3221; email krista.greer@ faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on January 20, 2022. (i) Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2020–06–02R02, effective November 30, 2020. (ii) [Reserved] (4) The following service information was approved for IBR on September 2, 2014 (79 FR 48018, August 15, 2014). (i) Embraer Service Bulletin 190–54–0013, dated November 27, 2012. (ii) Embraer Service Bulletin 190LIN–54– 0004, dated December 20, 2012. (5) For ANAC AD 2020–06–02R02, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Filho, 230—Centro Empresarial Aquarius— Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—Sa˜o Jose´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email pac@anac.gov.br; internet www.anac.gov.br/en/. You may find this ANAC AD on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/ DAE.asp. (6) For Embraer service information identified in this AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227– 901 Sa˜o Jose dos Campos—SP—Brazil; telephone +55 12 3927–5852 or +55 12 3309– 0732; fax +55 12 3927–7546; email distrib@ embraer.com.br; internet https:// www.flyembraer.com. For Embraer service information that is applicable to Yabora˜ Indu´stria Aerona´utica S.A. Model ERJ 190– 100 ECJ airplanes, contact Embraer S.A., Technical Publications Section (PC 560), Rodovia Presidente Dutra, km 134, 12247– 004 Distrito Eugeˆnio de Melo—Sa˜o Jose´ dos Campos—SP—Brazil; telephone +55 12 3927–0386; email distrib@embraer.com.br; internet https:// www.mytechcare.embraer.com. (7) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (8) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on November 24, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–27187 Filed 12–15–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 107 [Docket No. FAA–2021–1158; Notice No. 107–21–01–NOA] Accepted Means of Compliance; Operations Over Human Beings, Category 2 and Category 3 Small Unmanned Aircraft Federal Aviation Administration, DOT. ACTION: Notification of availability. AGENCY: This document announces the acceptance of a means of compliance (MOC) in accordance with a rule issued by the FAA on January 21, 2021, and went into effect on April 21, 2021. The Administrator finds the Virginia Tech SUMMARY: E:\FR\FM\16DER1.SGM 16DER1 Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations Mid-Atlantic Aviation Partnership (VT MAAP) MOC Version 1.0 an acceptable means, but not the only means, of demonstrating compliance with the requirements of Category 2 and Category 3 small unmanned aircraft systems (small UAS) operations over people. DATES: December 16, 2021. FOR FURTHER INFORMATION CONTACT: FAA Contact: Jeffrey Bergson, Production and Airworthiness Systems, AIR–632, Systems Policy Branch, Policy and Innovation Division, Aircraft Certification Service, Federal Aviation Administration, AIR–600: 800 Independence Ave SW, Washington, DC 20591; telephone 206–231–3661; email: jeffrey.bergson@faa.gov; telephone 1– 844–FLY–MYUA; email: UASHelp@ faa.gov. VT MAAP Contact: Robert Briggs, UAS Chief Engineer, 1991 Kraft Drive, Suite 2018, Blacksburg, VA 24061, (540) 231–9373; rcbriggs@vt.edu. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES Background The FAA published Title 14 Code of Federal Regulations, part 107, subpart D permitting the routine operation of small UAS at night or over people under certain conditions. Subpart D also provides aircraft eligibility and operating requirements for categories of operations over people. When promulgated, this rule was the next step in the FAA’s incremental approach to integrating UAS into the national airspace system, based on demands for increased operational flexibility and the experience the FAA has gained since it initially published part 107. To satisfy the eligibility requirements of part 107, subpart D, a small unmanned aircraft must meet the performance-based safety requirements of § 107.120(a) for operations in Category 2 or the performance-based safety requirements of § 107.130(a) for operations in Category 3 or both by following an FAA-accepted MOC. An FAA-accepted MOC addresses the minimum testing, inspection, or analysis necessary to demonstrate compliance with the safety requirements. An acceptable MOC must consist of test, analysis, or inspection. It must address the injury severity limits, the exposed rotating parts prohibition, and verification that there are no safety defects. The FAA must accept a MOC before an applicant can rely on it to declare compliance with part 107, subpart D requirements. In addition, the FAA indicates acceptance of a MOC by publishing a Notice of Availability in the Federal Register identifying the VerDate Sep<11>2014 16:14 Dec 15, 2021 Jkt 256001 MOC as accepted and by informing the applicant of its acceptance.1 Means of Compliance Accepted in This Policy VT MAAP published the Operation of Small UAS Over People MOC Version 1.0 on October 20, 2021. The FAA has acknowledged VT MAAP’s performance-based MOC as an acceptable MOC to the requirements of § 107.120(a) for operations in Category 2, or the requirements of § 107.130(a) for operations in Category 3. To utilize this MOC, an applicant should provide the VT MAAP Federal Aviation Administration designated UAS Test Site with data on the small unmanned aircraft. VT MAAP Test Site utilizes this information to conduct a safety defect and failure assessment. This assessment will determine the required testing to assess the small unmanned aircraft’s impact injury severity and laceration potential. The VT MAAP Test Site will conduct the necessary testing and document the results. Lastly, VT MAAP conducts a final safety and compliance review to determine the small unmanned aircraft compliance with § 107.120(a) or § 107.130(a) as applicable. VT MAAP provides the results of this process to the applicant for inclusion in a Declaration of Compliance. Availability This notice serves as a formal acceptance by the Federal Aviation Administrator of the Virginia Tech MidAtlantic Aviation Partnership’s Means of Compliance Version 1.0. Issued in Washington, DC, on December 10, 2021. Brian E. Cable, Manager, Systems Policy Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2021–27188 Filed 12–15–21; 8:45 am] BILLING CODE 4910–13–P 71373 DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 [DOL Docket No. ETA–2020–0005] RIN 1205–AB99 Adjudication of Temporary and Seasonal Need for Herding and Production of Livestock on the Range Applications Under the H–2A Program Employment and Training Administration, Department of Labor. ACTION: Final rule. AGENCY: The Department of Labor (the Department or DOL) is amending its regulations regarding the adjudication of temporary need for employers seeking to employ nonimmigrant workers in job opportunities covering the herding or production of livestock on the range. Consistent with a court-approved settlement agreement, this final rule rescinds the regulatory provision that governed the period of need for such job opportunities under the H–2A visa classification to ensure the Department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification. DATES: This final rule is effective January 18, 2022. FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office of Foreign Labor Certification, Employment and Training Administration, Department of Labor, 200 Constitution Avenue NW, Room N– 5311, Washington, DC 20210, telephone: (202) 693–8200 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY/TDD by calling the toll-free Federal Information Relay Service at 1 (877) 889–5627. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents 1 Operation of Small Unmanned Aircraft Systems Over People, 86 FR 4314 (January 15, 2021), available at https://www.regulations.gov/document/ FAA-2018-1087-0968. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 I. Background on 20 CFR part 655, subpart B A. Statutory Framework B. Regulatory Framework C. The Hispanic Affairs Project Litigation and Need for Rulemaking II. Discussion of Proposed Revision to 20 CFR part 655, subpart B III. Public Comments Received A. Comments Supporting Rescission of § 655.215(b)(2) B. Out of Scope Comments IV. Administrative Information E:\FR\FM\16DER1.SGM 16DER1

Agencies

[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71372-71373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27188]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 107

[Docket No. FAA-2021-1158; Notice No. 107-21-01-NOA]


Accepted Means of Compliance; Operations Over Human Beings, 
Category 2 and Category 3 Small Unmanned Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notification of availability.

-----------------------------------------------------------------------

SUMMARY: This document announces the acceptance of a means of 
compliance (MOC) in accordance with a rule issued by the FAA on January 
21, 2021, and went into effect on April 21, 2021. The Administrator 
finds the Virginia Tech

[[Page 71373]]

Mid-Atlantic Aviation Partnership (VT MAAP) MOC Version 1.0 an 
acceptable means, but not the only means, of demonstrating compliance 
with the requirements of Category 2 and Category 3 small unmanned 
aircraft systems (small UAS) operations over people.

DATES: December 16, 2021.

FOR FURTHER INFORMATION CONTACT: 
    FAA Contact: Jeffrey Bergson, Production and Airworthiness Systems, 
AIR-632, Systems Policy Branch, Policy and Innovation Division, 
Aircraft Certification Service, Federal Aviation Administration, AIR-
600: 800 Independence Ave SW, Washington, DC 20591; telephone 206-231-
3661; email: [email protected]; telephone 1-844-FLY-MYUA; email: 
[email protected].
    VT MAAP Contact: Robert Briggs, UAS Chief Engineer, 1991 Kraft 
Drive, Suite 2018, Blacksburg, VA 24061, (540) 231-9373; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA published Title 14 Code of Federal Regulations, part 107, 
subpart D permitting the routine operation of small UAS at night or 
over people under certain conditions. Subpart D also provides aircraft 
eligibility and operating requirements for categories of operations 
over people. When promulgated, this rule was the next step in the FAA's 
incremental approach to integrating UAS into the national airspace 
system, based on demands for increased operational flexibility and the 
experience the FAA has gained since it initially published part 107.
    To satisfy the eligibility requirements of part 107, subpart D, a 
small unmanned aircraft must meet the performance-based safety 
requirements of Sec.  107.120(a) for operations in Category 2 or the 
performance-based safety requirements of Sec.  107.130(a) for 
operations in Category 3 or both by following an FAA-accepted MOC. An 
FAA-accepted MOC addresses the minimum testing, inspection, or analysis 
necessary to demonstrate compliance with the safety requirements.
    An acceptable MOC must consist of test, analysis, or inspection. It 
must address the injury severity limits, the exposed rotating parts 
prohibition, and verification that there are no safety defects. The FAA 
must accept a MOC before an applicant can rely on it to declare 
compliance with part 107, subpart D requirements. In addition, the FAA 
indicates acceptance of a MOC by publishing a Notice of Availability in 
the Federal Register identifying the MOC as accepted and by informing 
the applicant of its acceptance.\1\
---------------------------------------------------------------------------

    \1\ Operation of Small Unmanned Aircraft Systems Over People, 86 
FR 4314 (January 15, 2021), available at https://www.regulations.gov/document/FAA-2018-1087-0968.
---------------------------------------------------------------------------

Means of Compliance Accepted in This Policy

    VT MAAP published the Operation of Small UAS Over People MOC 
Version 1.0 on October 20, 2021. The FAA has acknowledged VT MAAP's 
performance-based MOC as an acceptable MOC to the requirements of Sec.  
107.120(a) for operations in Category 2, or the requirements of Sec.  
107.130(a) for operations in Category 3.
    To utilize this MOC, an applicant should provide the VT MAAP 
Federal Aviation Administration designated UAS Test Site with data on 
the small unmanned aircraft. VT MAAP Test Site utilizes this 
information to conduct a safety defect and failure assessment. This 
assessment will determine the required testing to assess the small 
unmanned aircraft's impact injury severity and laceration potential. 
The VT MAAP Test Site will conduct the necessary testing and document 
the results. Lastly, VT MAAP conducts a final safety and compliance 
review to determine the small unmanned aircraft compliance with Sec.  
107.120(a) or Sec.  107.130(a) as applicable. VT MAAP provides the 
results of this process to the applicant for inclusion in a Declaration 
of Compliance.

Availability

    This notice serves as a formal acceptance by the Federal Aviation 
Administrator of the Virginia Tech Mid-Atlantic Aviation Partnership's 
Means of Compliance Version 1.0.

    Issued in Washington, DC, on December 10, 2021.
Brian E. Cable,
Manager, Systems Policy Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2021-27188 Filed 12-15-21; 8:45 am]
BILLING CODE 4910-13-P