Accepted Means of Compliance for Small Unmanned Aircraft Category 2 and Category 3 Operations Over Human Beings; Aerial Vehicle Safety Solutions Inc. (AVSS), 23907-23908 [2024-07266]

Download as PDF 23907 Rules and Regulations Federal Register Vol. 89, No. 67 Friday, April 5, 2024 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 107 [Docket No. FAA–2024–0299] Accepted Means of Compliance for Small Unmanned Aircraft Category 2 and Category 3 Operations Over Human Beings; Virginia Tech MidAtlantic Aviation Partnership (VT MAAP) Means of Compliance Accepted Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notification of availability. AGENCY: This document announces the acceptance of a means of compliance with FAA regulations for small unmanned aircraft (sUA) Category 2 and Category 3 operations over human beings. The Administrator finds that VT MAAP’s ‘‘Operation of Small Unmanned Aircraft Systems Over People,’’ version 2.0, dated January 18, 2024, provides an acceptable means, but not the only means, of showing compliance with FAA regulations. DATES: The means of compliance is accepted effective April 5, 2024. FOR FURTHER INFORMATION CONTACT: FAA Contact: Kimberly Luu, Cabin Safety Section, AIR–624, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service, Federal Aviation Administration, 2200 South 216th Street, Des Moines, Washington 98198; telephone and fax 206–231–3414; email Kimberly.H.Luu@ 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: SUMMARY: khammond on DSKJM1Z7X2PROD with RULES eligibility and operating requirements for civil sUA to operate over human beings in the United States. To be eligible for use, the sUA must meet the requirements of § 107.120(a) for Category 2 operations or § 107.130(a) for Category 3 operations. These sections require the sUA to be designed, produced or modified such that it will not cause injury to a human being above a specified severity limit, does not contain any exposed rotating parts that would lacerate human skin, and does not contain any safety defects. Section 107.155 requires that means of compliance with § 107.120(a) or § 107.130(a) be established and FAAaccepted. Section 107.160 requires an applicant to declare that sUA for Category 2 or Category 3 operations meet an FAA-accepted means of compliance. This notification of availability serves as a formal acceptance by the FAA of the VT MAAP’s ‘‘Operation of Small Unmanned Aircraft Systems Over People,’’ version 2.0, as an acceptable means of compliance, but not the only means of compliance with §§ 107.120(a) and 107.130(a). Applicants may also propose alternative means of compliance for FAA review and possible acceptance. Revisions Revisions to VT MAAP’s ‘‘Operation of Small Unmanned Aircraft Systems Over People,’’ version 2, will not be automatically accepted and will require further FAA acceptance for any revisions to be considered an accepted means of compliance. Issued in Kansas City, Missouri, on April 2, 2024. Patrick R. Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2024–07267 Filed 4–4–24; 8:45 am] BILLING CODE 4910–13–P Background Title 14, Code of Federal Regulations, part 107, subpart D, prescribes the VerDate Sep<11>2014 15:47 Apr 04, 2024 Jkt 262001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 107 [Docket No. FAA–2024–0268] Accepted Means of Compliance for Small Unmanned Aircraft Category 2 and Category 3 Operations Over Human Beings; Aerial Vehicle Safety Solutions Inc. (AVSS) Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notification of availability. AGENCY: This document announces the acceptance of a means of compliance with FAA regulations for small unmanned aircraft (sUA) Category 2 and Category 3 operations over human beings. The Administrator finds that AVSS’s means of compliance for small unmanned aircraft, revision 5.0, dated January 10, 2024, provides an acceptable means, but not the only means, of showing compliance with FAA regulations. DATES: The means of compliance is accepted effective April 5, 2024. FOR FURTHER INFORMATION CONTACT: FAA Contact: Kimberly Luu, Cabin Safety Section, AIR–624, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service, Federal Aviation Administration, 2200 South 216th Street, Des Moines, Washington 98198; telephone and fax 206–231–3414; email Kimberly.H.Luu@ faa.gov. AVSS Contact: Josh Ogden, CEO, AVSS, 570 Queen Street, Suite 600, Fredericton, New Brunswick, E3B–6Z6, Canada, +1 (650) 741–1326; Info@ avss.co. SUMMARY: SUPPLEMENTARY INFORMATION: Background Title 14, Code of Federal Regulations, part 107, subpart D, prescribes the eligibility and operating requirements for civil sUA to operate over human beings in the United States. To be eligible for use, the sUA must meet the requirements of § 107.120(a) for Category 2 operations or § 107.130(a) for Category 3 operations. These sections require the sUA to be designed, produced, or modified such that it will not cause injury to a human being above E:\FR\FM\05APR1.SGM 05APR1 23908 Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations a specified severity limit, does not contain any exposed rotating parts that would lacerate human skin, and does not contain any safety defects. Section 107.155 requires that means of compliance with § 107.120(a) or § 107.130(a) be established and FAAaccepted. Section 107.160 requires an applicant to declare that sUA for Category 2 or Category 3 operations meet an FAA-accepted means of compliance. Means of Compliance Accepted This notification of availability serves as a formal acceptance by the FAA of the AVSS’s ‘‘Means of Compliance with §§ 107.120(a) and 107.130(a) for Small Unmanned Aircraft,’’ revision 5.0, as an acceptable means of compliance, but not the only means of compliance with §§ 107.120(a) and 107.130(a). Applicants may also propose alternative means of compliance for FAA review and possible acceptance. Revisions Revisions to AVSS’s ‘‘Means of Compliance (MOC) with §§ 107.120(a) and 107.130(a) for Small Unmanned Aircraft (sUA),’’ revision 5.0, will not be automatically accepted, and will require further FAA acceptance for any revisions to be considered an accepted means of compliance. Issued in Kansas City, Missouri, on April 2, 2024. Patrick R. Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2024–07266 Filed 4–4–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Parts 723, 724, 845, and 846 RIN 1029–AC86 [Docket ID: OSM 2024–0001; S1D1S SS08011000 SX064A000 245S180110; S2D2SSS08011000 SX064A00 24XS501520] Civil Monetary Penalty Inflation Adjustments Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule. khammond on DSKJM1Z7X2PROD with RULES AGENCY: Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act SUMMARY: VerDate Sep<11>2014 15:47 Apr 04, 2024 Jkt 262001 of 1990 (1990 Act), and Office of Management and Budget guidance, this rule adjusts for inflation the level of civil monetary penalties assessed under the Surface Mining Control and Reclamation Act of 1977 (SMCRA) and its implementing regulations. DATES: Effective April 5, 2024. FOR FURTHER INFORMATION CONTACT: Khalia A. Boyd, Office of Surface Mining Reclamation and Enforcement, 1849 C Street NW, Mail Stop 4558, Washington, DC 20240; Telephone (202) 208–2823. Email: kboyd@osmre.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background A. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 B. Calculation of Adjustments C. Effect of the Rule in Federal Program States and on Indian Lands D. Effect of the Rule on Approved State Programs II. Procedural Matters A. Regulatory Planning and Review (Executive Orders 14094, 12866 and 13563) B. Regulatory Flexibility Act C. Congressional Review Act D. Unfunded Mandates Reform Act E. Takings (Executive Order 12630) F. Federalism (Executive Order 13132) G. Civil Justice Reform (Executive Order 12988) H. Consultation With Indian Tribes (Executive Order 13175 and Departmental Policy) I. Paperwork Reduction Act J. National Environmental Policy Act K. Effects on Energy Supply, Distribution, and Use (Executive Order 13211) L. Administrative Procedure Act M. National Technology Transfer and Advancement Act N. Protection of Children From Environmental Health Risks and Safety Risks (Executive Order 13045) I. Background A. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Section 518 of SMCRA, 30 U.S.C. 1268, authorizes the Secretary of the Interior to assess civil monetary penalties (CMPs) for violations of SMCRA. The Federal regulations implementing the CMP provisions of section 518 are located in 30 CFR parts 723, 724, 845, and 846. The Office of Surface Mining Reclamation and Enforcement (OSMRE) is adjusting CMPs in six sections: 30 CFR 723.14, 723.15, 724.14, 845.14, 845.15, and 846.14. On November 2, 2015, the President signed the 2015 Act into law (Sec. 701 of Pub. L. 114–74). The 2015 Act, which PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 amended the 1990 Act (Pub. L. 101– 410), requires Federal agencies to promulgate rules to adjust the level of CMPs to account for inflation. The 2015 Act requires agencies to publish annual inflation adjustments. These adjustments are aimed at maintaining the deterrent effect of civil penalties and furthering the policy goals of the statutes that authorize the penalties. B. Calculation of Adjustments The Office of Management and Budget (OMB) issued guidance on the 2024 annual adjustments for inflation. December 19, 2023, Memorandum for the Heads of Executive Departments and Agencies (M–24–07), Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum). The OMB Memorandum notes that the 1990 Act defines ‘‘civil monetary penalty’’ as ‘‘any penalty, fine, or other sanction that . . . is for a specific monetary amount as provided by Federal law; or . . . has a maximum amount provided for by Federal law; and . . . is assessed or enforced by an agency pursuant to Federal law; and . . . is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts . . . .’’ Id. at 2. It further instructs that agencies ‘‘are to adjust ‘the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, for each civil monetary penalty by the costof-living adjustment.’ ’’ Id. The 1990 Act, as amended by the 2015 Act, and the OMB Memorandum specify that the annual inflation adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (the CPI–U) published by the Department of Labor for the month of October in the year of the previous adjustment, and the October CPI–U for the preceding year. The recent OMB Memorandum specified that the cost-ofliving adjustment multiplier for 2024, not seasonally adjusted, is 1.03241 (the October 2023 CPI–U (307.671) divided by the October 2022 CPI–U (298.012) = 1.03241). OSMRE used this guidance to identify applicable CMPs and calculate the required inflation adjustments. The 1990 Act, as amended by the 2015 Act, specifies that any resulting increases in CMPs must be rounded according to a stated rounding formula and that the increased CMPs apply only to CMP assessments that occur after the date that the increases take effect. Generally, OSMRE assigns points to a violation as described in 30 CFR 723.13 and 845.13. The CMP owed is based on the number of points received, ranging E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23907-23908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07266]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 107

[Docket No. FAA-2024-0268]


Accepted Means of Compliance for Small Unmanned Aircraft Category 
2 and Category 3 Operations Over Human Beings; Aerial Vehicle Safety 
Solutions Inc. (AVSS)

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notification of availability.

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

SUMMARY: This document announces the acceptance of a means of 
compliance with FAA regulations for small unmanned aircraft (sUA) 
Category 2 and Category 3 operations over human beings. The 
Administrator finds that AVSS's means of compliance for small unmanned 
aircraft, revision 5.0, dated January 10, 2024, provides an acceptable 
means, but not the only means, of showing compliance with FAA 
regulations.

DATES: The means of compliance is accepted effective April 5, 2024.

FOR FURTHER INFORMATION CONTACT: 
    FAA Contact: Kimberly Luu, Cabin Safety Section, AIR-624, Technical 
Policy Branch, Policy and Standards Division, Aircraft Certification 
Service, Federal Aviation Administration, 2200 South 216th Street, Des 
Moines, Washington 98198; telephone and fax 206-231-3414; email 
[email protected].
    AVSS Contact: Josh Ogden, CEO, AVSS, 570 Queen Street, Suite 600, 
Fredericton, New Brunswick, E3B-6Z6, Canada, +1 (650) 741-1326; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Title 14, Code of Federal Regulations, part 107, subpart D, 
prescribes the eligibility and operating requirements for civil sUA to 
operate over human beings in the United States. To be eligible for use, 
the sUA must meet the requirements of Sec.  107.120(a) for Category 2 
operations or Sec.  107.130(a) for Category 3 operations. These 
sections require the sUA to be designed, produced, or modified such 
that it will not cause injury to a human being above

[[Page 23908]]

a specified severity limit, does not contain any exposed rotating parts 
that would lacerate human skin, and does not contain any safety 
defects. Section 107.155 requires that means of compliance with Sec.  
107.120(a) or Sec.  107.130(a) be established and FAA-accepted. Section 
107.160 requires an applicant to declare that sUA for Category 2 or 
Category 3 operations meet an FAA-accepted means of compliance.

Means of Compliance Accepted

    This notification of availability serves as a formal acceptance by 
the FAA of the AVSS's ``Means of Compliance with Sec. Sec.  107.120(a) 
and 107.130(a) for Small Unmanned Aircraft,'' revision 5.0, as an 
acceptable means of compliance, but not the only means of compliance 
with Sec. Sec.  107.120(a) and 107.130(a). Applicants may also propose 
alternative means of compliance for FAA review and possible acceptance.

Revisions

    Revisions to AVSS's ``Means of Compliance (MOC) with Sec. Sec.  
107.120(a) and 107.130(a) for Small Unmanned Aircraft (sUA),'' revision 
5.0, will not be automatically accepted, and will require further FAA 
acceptance for any revisions to be considered an accepted means of 
compliance.

    Issued in Kansas City, Missouri, on April 2, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division, 
Aircraft Certification Service.
[FR Doc. 2024-07266 Filed 4-4-24; 8:45 am]
BILLING CODE 4910-13-P

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