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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Proposed Rules II. Airworthiness Certification/
Approval
B. 14 CFR Part 107
Aircraft Systems
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 aircraftof any size or weightused 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.

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.

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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.

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Small Unmanned
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 6a3 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. 601612. The NTSB
certifies under 5 U.S.C. 605b 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 3a and 3b2 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
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Environmental Policy Act, 42 U.S.C.
432147. 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 COVID19 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 830NOTIFICATION AND
REPORTING OF AIRCRAFT
ACCIDENTS OR INCIDENTS AND
OVERDUE AIRCRAFT, AND
PRESERVATION OF AIRCRAFT
WRECKAGE, MAIL, CARGO, AND
RECORDS
1. The authority citation for part 830
continues to read as follows:

Authority: 49 U.S.C. 11011155; Pub. L.
85726, 72 Stat. 731 codified as amended at 49 U.S.C. 40101.
830.2

Amended
2. Amend 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. 202109807 Filed 52021; 8:45 am BILLING CODE 753301P

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