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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices
C. International Trade Impact The Trade Agreements Act of 1979
Pub. L. 9639, as amended by the Uruguay Round Agreements Act Pub.
L. 103465, prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States.
Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has determined this proposed rule would not present any obstacle to foreign commerce of the United States. In addition, this proposed rule is not contrary to international standards since no international standards for UA noise certification exist.
D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 Pub. L. 1044
requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more in 1995 dollars in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a significant regulatory action. The FAA currently uses an inflation-adjusted value of $155
million in lieu of $100 million. This proposed rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply.

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E. Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. 3507d requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that this proposed rule does not impose any new requirement for information collection covered by the Act.
F. International Compatibility The FAA remains actively involved in the International Civil Aviation Organizations ICAO Committee on Aviation Environmental Protection CAEP and CAEPs Working Group 1
that addresses aircraft noise. Working Group 1 began activities to address noise from UA in 2013. There are at
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present no noise or other environmental standards for UA that have been adopted into ICAO Annex 16. The FAA
has determined that there are no ICAO
Standards and Recommended Practices that correspond to these proposed regulations so as to require conformance.
While the FAA has begun type and noise certification of UA, the European Union Aviation Safety Agency EASA
has focused on operational regulations.
In March 2020, EASA published its Easy Access Rules for Unmanned Aircraft Regulation 2019/947 and delegated regulation 2019/945, which contain the applicable rules and procedures for the operation of unmanned aircraft in the EU. While the regulations contain some requirements for noise measurement depending on the operating environment of the UA, they are limited to operations in the EU and are not a certification standard as is proposed here.
G. Environmental Analysis FAA Order 1050.1F identifies FAA
actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances.
The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 56.6 d Categorical Exclusions for Regulatory Actions since it is a rulemaking action that proposes a certification test standard, and would not presume the acceptability of operation of any particular aircraft in any location. No extraordinary circumstances are involved.
V. Executive Order Determinations A. Executive Order 13132, Federalism The FAA has analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. The agency has determined that this action would not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, would not have Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply,
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Distribution, or Use May 18, 2001. The agency has determined that it would not be a significant energy action under the executive order and would not be likely to have a significant adverse effect on the supply, distribution, or use of energy.
VI. Additional Information A. Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. The agency also invites comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.
The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA
will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The agency may change this proposal in light of the comments it receives.
Confidential Business Information:
Confidential Business Information CBI
is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act FOIA
5 U.S.C. 552, CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as PROPIN. The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI
should be sent to Hua Bill He, Federal Aviation Administration, Office of Environment and Energy, 800
Independence Ave. SW, Room 900

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