[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51903-51906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24126]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Unmanned Aircraft Systems Integration Pilot Program--Announcement 
of Establishment of Program and Request for Applications

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

ACTION: Notice of the establishment of the Unmanned Aircraft Systems 
(UAS) Integration Pilot Program and request for applications.

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SUMMARY: Through the FAA, the DOT announces a new pilot program that 
encourages State, local, and tribal governments, in partnership with 
UAS operators and other private sector stakeholders, to conduct 
advanced operations safely and with public support in affected 
communities. State, local, and tribal governments, and any partnered 
stakeholders, with guidance from the FAA, will propose and define these 
operational concepts and determine how to manage them at the local 
level under the safety oversight role of the FAA. All organizations 
interested in applying or participating must follow the procedures set 
forth in the agency's Screening Information Request (SIR), which is 
described later in this document.

DATES: Interested State, local, or tribal governments must declare an 
intent to participate in the Program no later than November 28, 2017.

ADDRESSES: Interested governments may request FAA/UAS Program Portal 
(Portal) access via email to [email protected] as detailed in the 
SIR (SIR DTFAWA-18-R-00001) available at http://faaco.faa.gov.

FOR FURTHER INFORMATION CONTACT: For general Program questions, Mr. 
Earl Lawrence, Director, Unmanned Aircraft Systems Integration Office, 
490 L'Enfant Plaza SW., Suite 7225, Washington, DC 20024, telephone 
(844) 359-6982, email [email protected]; or, for solicitation 
questions, Mr. Gavin Byrne, Manager, AAQ-220, Automation Contracts 
Branch, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591, telephone (844) 359-6982, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

Purpose and Objectives

    The DOT announces a new pilot program that will accelerate existing 
UAS integration plans by working to solve technical, regulatory, and 
policy challenges, while enabling advanced UAS operations in select 
areas subject to ongoing safety oversight and cooperation between the 
Federal government and applicable State, local, or tribal 
jurisdictions. In a memorandum dated October 25, 2017, the President 
declared that it is the policy of the United States to promote the safe 
operation of UAS and enable the development of UAS technologies and 
their use in agriculture, commerce, emergency management, human 
transportation, and other sectors.\1\ The President directed the 
Secretary to establish a pilot program under which State, local, and 
tribal governments can submit proposals to the Secretary to test and 
evaluate the integration of civil and public UAS operations into the 
low-altitude NAS. The Program announced in this document implements 
this national policy under the FAA's general authority to develop plans 
and policy for the use of the navigable airspace. 49 U.S.C. 40103(b).
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    \1\ A link to the Presidential Memorandum can be found on the 
FAA's Web site www.faa.gov/uas.
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    Consistent with the Presidential Memorandum, the DOT has 
established four objectives for the Program: (1) To accelerate the safe 
integration of UAS into the NAS by testing and validating new concepts 
of beyond visual line of sight operations in a controlled environment, 
focusing on detect and avoid technologies, command and control links, 
navigation, weather and human factors; (2) to address ongoing concerns 
regarding the potential security and safety risks associated with UAS 
operating in close proximity to human beings and critical 
infrastructure by ensuring that operators communicate more effectively 
with Federal, State, local, and tribal law enforcement to enable law 
enforcement to determine if a UAS operation poses such a risk; (3) to 
promote innovation in and development of the United States unmanned 
aviation industry, especially in sectors such as agriculture, emergency 
management, inspection

[[Page 51904]]

services, and transportation safety, in which there are significant 
public benefits to be gained from the deployment of UAS; and (4) to 
identify the most effective models of balancing local and national 
interests in UAS integration.
    We are looking for visionary participants to demonstrate effective 
ways to meet these Program objectives, which will help the DOT to 
achieve the broader national policy objective of full UAS integration 
and United States leadership in unmanned aviation and automated 
technology. Never losing sight that safety is our highest priority, we 
expect this program to provide valuable data to assist us in enabling 
the UAS industry to thrive and safely share the airspace.
    Specifically, the Program will forge deep working relationships 
between the private sector and State, local, and tribal governments to 
conduct a variety of advanced operational testing under controlled 
criteria managed at a local level with FAA oversight. Applicants are 
expected to demonstrate advances in technological capabilities or 
operational concepts and means of communication with the public and law 
enforcement agencies. By ensuring safety through appropriate 
mitigations, the FAA intends to evaluate and approve advanced 
operations beyond those currently permitted today. The FAA will use the 
data provided by the Program to advance the overall state of the 
industry, including the development of enabling regulations that will 
increase other types of routine drone operations, such as: (1) Beyond 
line-of-sight flights--e.g., for pipeline inspections in remote areas 
and search and rescue operations; (2) operations over human beings--
such as newsgathering or public safety; and (3) package delivery, 
including the delivery of consumer goods and medical supplies. The 
operational experience gained through these partnerships will be used 
to enable the FAA to more quickly authorize operations that currently 
require special permission and will inform future policy development to 
help expand this burgeoning industry. The Program has a number of 
short- and long-term benefits for the participants, the DOT, and the 
public. Activities under the Program will:
     Accelerate the use and standardization of low-altitude UAS 
operations;
     provide immediate opportunities to accelerate commercial-
use concepts of operations such as: Commerce, photography, emergency 
management, agricultural support, infrastructure inspections, package 
delivery, and others;
     identify and help resolve operational barriers to expanded 
UAS operations; and
     foster community participation to provoke meaningful 
dialogue on balancing local and national interests in UAS integration.
    The DOT will use the data collected and experience gained over the 
course of this Program to:
     Identify and resolve technical challenges to UAS 
integration;
     address airspace use to safely and efficiently integrate 
all aircraft;
     inform operational standards and procedures to improve 
safety (e.g., detect and avoid capabilities, navigation and altitude 
performance, and command and control link);
     inform FAA standards that reduce the need for waivers 
(e.g., for operations over human beings, night operations, and beyond 
visual line of sight (BVLOS)); and
     address competing interests regarding UAS operational 
expansion, safety, security, roles and responsibilities of non-federal 
government entities, and privacy issues.

Program Overview

    Any State, local, or tribal jurisdiction (as the Lead Applicant) is 
eligible to apply to participate in the Program. The jurisdiction may 
partner with one or more private sector stakeholders or other 
government agencies (such as law enforcement) to assist in carrying out 
its obligations under this Program. The success of the Program will 
depend on the mutually beneficial partnerships between UAS operators, 
including private sector operators, and the local jurisdictions where 
the projects will take place. Any project partnerships must be 
established prior to the Lead Applicant's completing its application.
    The first step will be for interested State, local, or tribal 
governments to submit a notice of intent to participate. Private sector 
stakeholders that are interested in participating, as well as 
jurisdictions that have not identified a program partner, may submit a 
request to be added to an Interested Parties list which the FAA will 
publish on its Web site at http://faaco.faa.gov">faaco.faa.gov. Interested parties can use 
this list to help identify suitable partners. All jurisdictions that 
submit a notice of intent will receive an invitation to apply, but no 
jurisdiction may submit an application for participation without first 
submitting a notice of intent.
    The DOT will evaluate all applications received in accordance with 
the SIR and select a minimum of five for participation. Once an 
application is selected, the Lead Applicant will enter into a 
Memorandum of Agreement (MOA) with the FAA. The MOA will establish the 
responsibilities of the parties, describe the concept of operations to 
be undertaken, establish any data sharing requirements, and assure that 
no Federal funds are available for Program participation. The MOAs will 
expire at the end of the Program unless the FAA terminates or extends 
them.
    Examples of possible Program proposals:
     An agricultural State and several of its municipalities 
desiring to explore with stakeholders how UAS could be used to assist 
farmers in reducing costs (e.g., checking crops for insects or disease, 
counting spring calves, or checking fences for damage without having to 
walk or drive along them--cost reductions would be identified in 
advance and measured).
     A State partnering with a UAS operator seeking to take 
advantage of the public benefits of, and the cost savings associated 
with, utilizing UAS for bridge inspections.
     A city working with a UAS operator to tap the novel 
capabilities of UAS to support critical government activities in 
emergency management planning and response, and also limiting UAS 
operations within designated altitudes within airspace over the 
jurisdiction and specifying maximum speed of flight over specified 
areas.
     To facilitate development and innovation of commercial UAS 
within the community, a city partnering with stakeholders to establish 
a dedicated drone-port or an asset in drone technology research 
designed to attract business.
     A county or multi-county industrial development authority 
wishing to position itself as a national destination for the 
development of a drone-operator workforce to support the emerging drone 
industry in the United States.
     A municipality interested in utilizing UAS for local 
emergency management, disaster response, or law enforcement operations.
     A city or county working with a UAS manufacturer and or a 
hard goods retailer to develop and test operational concepts for the 
delivery of goods via UAS to businesses and homes under various 
scenarios and conditions.
    These examples are just a sampling of possible opportunities under 
this Program. The fundamental purpose of this Program is to provide an 
opportunity for stakeholders to identify and propose a broad spectrum 
of innovative and beneficial concepts of

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operations, and models of local management, for UAS operations subject 
to FAA oversight. Accordingly, we look to Lead Applicants to submit 
applications showing us how their innovative technological and 
operational use cases can push the boundaries of what is possible 
today.
How To Apply
    Notice of Intent. Any State, local, or tribal government seeking to 
participate in the Program must submit a notice of intent November 28, 
2017, to apply. Eligible jurisdictions include State, local, or tribal 
transit agencies, port authorities, metropolitan planning organizations 
(MPOs), police departments, other political subdivisions of State or 
local governments, and multi-State or multi-jurisdictional groups 
applying through a single point of contact. The DOT encourages 
prospective applicants to work closely with all relevant State and 
local law enforcement agencies that would serve in the identified 
project areas and consider including them as project partners.
    Prospective applicants may submit a notice of intent before 
establishing a project partnership. The DOT encourages jurisdictions to 
submit a notice of intent even if they are unsure of their commitment 
to participate because there are no penalties for this submission. 
Jurisdictions and private sector stakeholders also may submit a request 
to be added to an Interested Parties list. The FAA will publish this 
list on its Web site at http://faaco.faa.gov">faaco.faa.gov to facilitate the formation of 
partnerships between jurisdictions and private sector stakeholders. To 
provide the widest opportunity for participation in this Program, the 
DOT encourages jurisdictions and private sector stakeholders to submit 
a notice of interest as early as possible even if the entity is 
uncertain of its desire to participate.
    Prospective applicants must submit a notice of intent by November 
28, 2017, to be considered in this round of applications. The DOT has 
established a short deadline for notices of intent in view of the short 
timeframes in the Presidential Memorandum to begin integration of UAS 
under this Program. Instructions for this submission, which is a 
formatted email, are included in the SIR (SIR DTFAWA-18-R-00001) 
available at http://faaco.faa.gov. The DOT will not consider an 
application in this round unless the Lead Applicant has submitted a 
notice of intent within the applicable timeframe; however, the DOT will 
offer an opportunity for jurisdictions to submit notices of intent in a 
subsequent round as resources allow.
    The DOT will invite each eligible applicant that submitted a notice 
of intent to submit an application to participate through the FAA/UAS 
Program Portal (with a username and password). Any project partnerships 
must be formalized and documented before an application is finalized 
and submitted to the FAA.
    Application Submission. As detailed in the SIR, the FAA/UAS Program 
Portal will be open for submissions through January 4, 2018. An 
application would include, for example, the following information:
    1. Identification of the airspace to be used, including shape files 
and altitudes;
    2. description of the types of planned operations;
    3. identification of stakeholder partners to test and evaluate 
planned operations;
    4. identification of available infrastructure to support planned 
operations;
    5. description of experience with UAS operations and regulations;
    6. description of existing UAS operator and any other stakeholder 
partnerships and experience;
    7. description of plans to address safety, security, competition, 
privacy concerns and community outreach.
    The applicant may request reasonable time, place and manner 
limitations \2\ on low-altitude UAS operations within its jurisdiction 
to facilitate the proposed development and testing of new and 
innovative UAS concepts of operations in addition to other selection 
criteria. The FAA will require jurisdictions to ensure that any time, 
place and manner limitations, including those adopted through means 
such as legislation or regulation, include self-implementing provisions 
that automatically terminate those restrictions upon the termination of 
the MOA. Monitoring and enforcement of any limitations enacted pursuant 
to this pilot project would be the responsibility of the jurisdiction, 
but the FAA retains the authority to enforce Federal law.
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    \2\ Examples of reasonable time limitations may include 
prohibiting flight during specified morning and evening rush hours 
or only permitting flight during specified hours such as daylight 
hours, sufficient to ensure reasonable airspace access. Reasonable 
place limitations may include designated take-off and landing zones, 
limiting operations over moving locations or fixed site public road 
and parks, sidewalks or private property based on zoning density, or 
other land use considerations. Reasonable manner limitations may 
include requiring notice to public safety or zoning/land use 
authorities prior to operating, limiting UAS operations within 
designated altitudes within airspace over the jurisdiction; 
specifying maximum speed of flight over specified areas; prohibiting 
operations in connection with community or sporting events that do 
not remain in one place (e.g., parades, running events); or 
mandating equipage.
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    The DOT may select among complete applications on a rolling basis 
and may exclude from consideration any incomplete applications. Once a 
proposal is selected, within five days, the Lead Applicant must be 
prepared to enter into a MOA with the FAA governing the terms of its 
participation in the Program. After the first five applicants have 
entered into MOAs, the DOT will continue to evaluate proposals as 
resources permit.

II. Selection Criteria

    In making determinations, the DOT will evaluate whether 
applications meet or exceed the following criteria contained in the 
Presidential Memorandum:
    1. Overall economic, geographic, and climatic diversity of the 
selected jurisdictions;
    2. overall diversity of the proposed models of government 
involvement;
    3. overall diversity of the UAS operations to be conducted;
    4. the location of critical infrastructure;
    5. the involvement of commercial entities in the proposal and their 
ability to advance objectives that may serve the public interest as a 
result of further integration of UAS into the NAS;
    6. the involvement of affected communities in, and their support 
for, participating in the Program;
    7. the commitment of the governments and UAS operators involved in 
the proposal to comply with requirements related to national defense, 
homeland security, and public safety and to address competition, 
privacy and civil liberties concerns; and
    8. the commitment of the governments and UAS operators involved in 
the proposal to achieve the following policy objectives:
    a. Promoting innovation and economic development;
    b. enhancing transportation safety;
    c. enhancing workplace safety;
    d. improving emergency response and search and rescue functions; 
and
    e. using radio spectrum efficiently and competitively.
    Lead Applicants are encouraged to identify which of the above 
criteria and agency objectives they meet and how.

III. Memorandum of Agreement

    Once selected, a Lead Applicant would become a Lead Participant. 
Lead Participants would be required to enter into a Memorandum of 
Agreement (MOA) pursuant to the FAA's authority

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under 49 U.S.C. 106(l)(6). The MOA would establish the terms of 
participation in the Program and would identify the respective rights 
and responsibilities of both the FAA and the Lead Participant. A sample 
MOA can be found at http://faaco.faa.gov">faaco.faa.gov. The FAA expects to negotiate MOAs 
tailored to the specifics of each Lead Participant's proposal.
    The Lead Participant will establish a process to meaningfully and 
effectively notify the local community about and garner its support for 
the proposed operations and any related limitations on UAS operations 
within the local airspace. The Lead Participant will, at a minimum, 
place this information on a publicly accessible Web site, which will be 
referenced on the FAA Web site at www.faa.gov.
    Lead Participants will engage in periodic exchanges with the FAA 
relating to the purposes of the project, including discussing and 
sharing the results of and experiences with the expanded UAS 
capability. Lead Participants will adhere to privacy policies specified 
in the MOA. Each Lead Participant will bear its own costs; no Federal 
Government funds will be provided through the MOA.
    Upon signing, the MOA will not include the transfer of any 
authority for airspace management or access. However, a purpose of the 
Program is to explore concepts for shared Federal/State/local 
management of the NAS. Any approval of airspace use will be handled in 
accordance with existing procedures.
    The Lead Participant will share data with the FAA resulting from 
its development and testing of the concepts of operations consistent 
with the terms of the MOA. Such data will enable the FAA to study the 
effects of UAS integration into the NAS. In the case where the Lead 
Participant has established a time, place, or manner limitation on low-
altitude UAS operations, data collected would support the FAA's efforts 
to assess the relative effectiveness of various technologies and 
operational aspects of the safe integration of UAS into the NAS, as 
well as the economic benefits provided by the UAS operations.
    The FAA will provide a means for the Lead Participant and 
stakeholder partners to submit confidential or proprietary data 
concerning their operations. However, any operational data and general 
experience obtained through the partnerships will be available to the 
public.
    The FAA may terminate the MOA for any reason. The Lead Participant 
may terminate the MOA, subject to meaningful and effective notice to 
the affected community or population.

    Issued in Washington, DC, on November 1, 2017.
Daniel K. Elwell,
Deputy Administrator.
[FR Doc. 2017-24126 Filed 11-2-17; 4:15 pm]
BILLING CODE 4910-13-P


