[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58251-58255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17882]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 182 / Friday, September 18, 2020 / 
Rules and Regulations  

[[Page 58251]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. FAA-2019-1038]


Type Certification of Certain Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of policy.

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

SUMMARY: The Federal Aviation Administration announces its policy for 
the type certification of certain unmanned aircraft systems as a 
special class of aircraft.

DATES: This policy is effective September 18, 2020.

FOR FURTHER INFORMATION CONTACT: Andrew Guion, Programs and Procedures 
Section, AIR-694, Small Airplane Standards Branch, Policy and 
Innovation Division, Aircraft Certification Service, Federal Aviation 
Administration, 901 Locust St., Room 301, Kansas City, MO 64106, 
telephone (816) 329-4141, facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Background

    In 2012, Congress passed the FAA Modernization and Reform Act of 
2012 (Pub. L. 112-95). Section 332 of Public Law 112-95 (codified at 49 
U.S.C. 44802) directed the FAA to develop a comprehensive plan to 
safely accelerate the integration of unmanned aircraft systems (UAS) 
into the National Airspace System (NAS). As part of that plan, the FAA 
issued the Operation and Certification of Small Unmanned Aircraft 
Systems final rule (81 FR 42064, June 28, 2016), which added 14 CFR 
part 107 to the FAA's regulations in Title 14 of the Code of Federal 
Regulations (14 CFR).
    Part 107 sets forth rules for the operation of small UAS \1\ that 
do not require FAA airworthiness certification. Under part 107, 
operations may not occur over persons,\2\ at night, generally above an 
altitude of 400 feet above ground level, or beyond visual line-of-
sight, without a waiver issued by the FAA. UAS weighing 55 pounds or 
more and small UAS operating outside the limitations imposed by part 
107 must receive airworthiness certification, a waiver, or an exemption 
as appropriate.
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    \1\ See 14 CFR 107.3.
    \2\ But see the FAA's proposed amendment to part 107 to allow 
operations of small UAS over people in certain conditions (84 FR 
3856, February 13, 2019).
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    The FAA establishes airworthiness criteria and issues type 
certificates to ensure the safe operation of aircraft in accordance 
with 49 U.S.C. 44701(a) and 44704. Section 44704 requires the 
Administrator to find an aircraft, aircraft engine, propeller, or 
appliance is properly designed and manufactured, performs properly, and 
meets the regulations and minimum standards prescribed under section 
44701(a) before issuing a type certificate for it.
    14 CFR part 21 contains the FAA's procedural requirements for 
airworthiness and type certification. When the FAA promulgated part 21 
as part of its recodification to combine and streamline the Civil Air 
Regulations, it originally required applicants for a type certificate 
to show that the product met existing airworthiness standards (29 FR 
14562, October 24, 1964). Existing airworthiness standards for aircraft 
and other products, issued as a separate part of the FAA's regulations, 
are: Normal category airplanes under 14 CFR part 23, transport category 
airplanes under 14 CFR part 25, normal category rotorcraft under 14 CFR 
part 27, transport category rotorcraft under 14 CFR part 29, manned 
free balloons under 14 CFR part 31, aircraft engines under 14 CFR part 
33, and propellers under 14 CFR part 35.
    The FAA subsequently amended part 21 to add procedural requirements 
for the issuance of type certificates for special classes of aircraft 
(52 FR 8040, March 13, 1987). In the final rule (amendment 21-60), the 
FAA explained that it intended the special class category to include, 
in part, those aircraft that would be eligible for a standard 
airworthiness certificate but for which certification standards do not 
exist due to their unique, novel, or unusual design features. The FAA 
further stated that the ``decision to type certificate an aircraft in 
either the special class aircraft category or under . . . the FAR is 
entirely dependent upon the aircraft's unique, novel, and/or unusual 
design features.'' (52 FR 8041).
    Specifically, the final rule (amendment 21-60) revised Sec.  
21.17(b) to include the certification procedure for special classes of 
aircraft. For special classes of aircraft, for which airworthiness 
standards have not been issued, the applicable airworthiness 
requirements will be the portions of those existing standards contained 
in parts 23, 25, 27, 29, 31, 33, and 35 found by the FAA to be 
appropriate for the aircraft and applicable to a specific type design, 
or such airworthiness criteria as the FAA may find provide an 
equivalent level of safety to those parts.
    An ``unmanned aircraft'' is an aircraft operated without the 
possibility of direct human intervention from within or on the 
aircraft. See 49 U.S.C. 44801(11); 14 CFR 1.1. Unmanned aircraft 
include all classes of airplanes, rotorcraft, and powered-lift 
aircraft. Many UAS elements, while essential for safe operation, are 
part of the UAS system but are not permanent features of the unmanned 
aircraft. For example, instead of traditional landing gear with wheels 
and brakes, many UAS have a launch and recovery system. Additionally, 
because the pilot is not situated within the aircraft, unique 
configurations and applications of airframes, powerplants, fuels, and 
materials are possible and can result in flight characteristics 
different from those of conventional aircraft. These features specific 
to UAS are the very unique, novel, and/or unusual features the special 
class category was designed to accommodate.
    A notice of policy and request for comments regarding the type 
certification of certain UAS was published in the Federal Register on 
February 3, 2020 (85 FR 5905). The public comment period for the notice 
closed on March 4, 2020. The notice proposed that some UAS with no 
occupants onboard may be type certificated as a special class of 
aircraft under Sec.  21.17(b). The notice also proposed that for 
airplane and rotorcraft

[[Page 58252]]

designs, when appropriate, the FAA may still issue type certificates 
under Sec.  21.17(a).

Discussion of Comments

    The FAA received 66 comments. The majority of the commenters were 
individual UAS operators. The remaining commenters included UAS 
manufacturers, the Choctaw Nation of Oklahoma (CNO), the People's 
Republic of China (PRC), and organizations such as the Aerospace 
Industries Association (AIA), the Aircraft Owners and Pilots 
Association (AOPA), Airlines for America (A4A), the Air Line Pilots 
Association (ALPA), the Association for Unmanned Vehicle Systems 
International (AUVSI), the Commercial Drone Alliance (CDA), the 
National Agricultural Aviation Association (NAAA), SAE International 
(SAE), and the Small UAV Coalition. The following summarizes the 
comments received and the FAA's response.
    AIA, AOPA, A4A, Amazon Prime Air, the Choctaw Nation, the 
Commercial Drone Alliance, SAE, and twelve other commenters expressed 
support for the policy.

A. Certification Process

    An anonymous commenter requested the FAA publish a timeline for the 
certification process. FAA Order 8110.4C, Type Certification, dated 
March 28, 2007,\3\ contains procedures and policy for the type 
certification of products. This order describes the FAA and applicant 
responsibilities in establishing a project schedule. The certification 
timeline for each project will vary significantly depending on the 
project details, scope, and complexity. Due to these many variables, 
the FAA is unable to publish a timeline specific to the type 
certification of UAS that would be widely applicable.
---------------------------------------------------------------------------

    \3\ You can find this order at http://www.faa.gov/regulations_policies/orders_notices.
---------------------------------------------------------------------------

    An individual requested that the FAA establish a less restrictive 
process for UAS type certification for first responders and emergency 
management operators for State agencies and subdivisions. The commenter 
suggested that because the primary job of emergency responders is 
public safety, the type certification process was burdensome and 
unwarranted. Certain FAA civil certification and safety oversight 
regulations do not apply to public aircraft. Aircraft that do not meet 
the qualifications for public aircraft status are civil aircraft.\4\ 
UAS operated by government agencies, law enforcement, and State public 
safety entities may qualify as public aircraft, as defined by statute 
under 49 U.S.C. 40102(a)(41) and 40125.\5\ This policy for type 
certification of certain UAS only applies to civil aircraft.
---------------------------------------------------------------------------

    \4\ 49 U.S.C. 40102(a)(16).
    \5\ Title 49 U.S.C. 40102(a)(41) provides the definition of 
``public aircraft'' and Sec.  40125 provides the qualifications for 
public aircraft status. Additional information on public aircraft is 
provided in Advisory Circular (AC) 00-1.1B, Public Aircraft 
Operations--Manned and Unmanned. This AC is available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_00-1.1B.pdf.
---------------------------------------------------------------------------

    Aero Systems West requested the FAA provide an accelerated process 
for small UAS with parachute safety systems installed. The commenter 
stated that controlling descent rate is the most important contributor 
to decreasing the probability of human injury during a UAS flight 
mishap. The FAA disagrees that a different process is appropriate for 
designs that incorporate a parachute system. While a parachute recovery 
system may mitigate some risks for a UAS, it is, by itself, unlikely to 
provide comprehensive mitigation of all potential risks such that an 
accelerated type certification process would be suitable.
    Another individual questioned how the public could provide 
meaningful comments on the particularized airworthiness criteria for 
each applicant when the applicant's proprietary operational and design 
data are normally withheld by the FAA. Under the process for 
certification as a special class of aircraft, the FAA will publish a 
notice for public comment on the particularized airworthiness criteria 
for each applicant. The commenter is correct that the FAA cannot 
disclose proprietary or confidential design data from manufacturers in 
these notices because such disclosure is prohibited by the Trade 
Secrets Act, 18 U.S.C. 1905 (1979). Instead, the FAA will provide a 
general description of the product, similar to what will be shown on 
the type certificate data sheet (TCDS). This is the same process the 
FAA has followed for the certification of special class aircraft such 
as gliders, airships, and very light airplanes.
    The CNO and the CDA requested that the FAA clarify the effect of 
this policy on other rules. This request was specific to a statement in 
the proposed policy that the policy would apply only to the procedures 
for the type certification of UAS and is not intended to establish or 
impact other FAA rules (operations, pilot certification, or 
maintenance) regarding UAS. These commenters agreed that a type 
certificate will not provide a UAS operator with operational authority, 
but stated the FAA should clarify that the operating limitations in the 
TCDS will address, and therefore impact, issues such as operations, 
pilot certification, or maintenance. The FAA agrees that type 
certification of individual UAS may include operating limitations that 
impact operations, pilot certification, or maintenance. The purpose of 
the statement in the proposal was to advise the public that the FAA 
does not intend for this policy to overrule FAA regulations regarding 
UAS, particularly other FAA rules outside of part 21.

B. Applicability of This Policy

    An individual and AOPA requested that the FAA exempt model aircraft 
from this policy, and fifteen individual commenters objected to the 
policy contending that it would have a negative impact on hobbyists. 
The CNO and the CDA stated the policy should apply to all UAS 
regardless of weight. Several commenters requested that the FAA clarify 
the types of advanced operations, in addition to package delivery, 
affected by the policy and which UAS may require type certification.
    This policy addresses the process the FAA will use to establish 
airworthiness standards for type certification of some UAS with no 
occupants onboard, when a UAS manufacturer requests type certification. 
Whether a UAS requires a type certificate depends upon the weight of 
the UAS, the purpose of the operations, and the particular operating 
rules under which the UAS is expected to operate.\6\ This policy does 
not apply to UAS that are operated under the exception for limited 
recreational operations, as they are not required to meet airworthiness 
requirements or apply for type certification.\7\ Small UAS operating 
under part 107 do not require a type certificate.\8\ UAS weighing 55 
pounds or more and small UAS operating under the requirements of 14 CFR 
parts 91 or 135 require either a type certificate, a waiver, an 
exemption, or a special airworthiness certificate, as appropriate. 
Package delivery, for example, and other complex operations such as 
agricultural, inspection, monitoring, infrastructure surveillance, 
pseudo-satellites, or those involving carriage of other property for 
compensation or hire may be affected by this policy.
---------------------------------------------------------------------------

    \6\ Additional information about the rules for each type of UAS 
user can be found at https://www.faa.gov/uas/.
    \7\ See 49 U.S.C. 44809.
    \8\ See 14 CFR 21.1(a).
---------------------------------------------------------------------------

    One commenter requested the policy not apply to UAS carrying 
occupants, as

[[Page 58253]]

any occupant-carrying UAS should be certificated under the same process 
as manned aircraft. The FAA agrees. This policy addresses type 
certification of some UAS with no occupants onboard.
    AIA requested that the scope of the policy also include optionally 
piloted aircraft. The commenter stated that optionally piloted aircraft 
are becoming increasingly possible as technology continues to mature. 
The FAA disagrees. An optionally piloted aircraft (OPA) is a manned 
aircraft that can be flown or controlled by the onboard pilot in 
command or by another individual from a location not onboard the 
aircraft.\9\ Although the method of controlling the aircraft is 
optional, in either case the pilot in command always remains onboard 
the aircraft. Thus, OPA are beyond the scope of this policy because 
they are not unmanned aircraft as defined by 49 U.S.C. 44801(11) and 14 
CFR 1.1.
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    \9\ See Appendix F of FAA Order 8130.34D, Airworthiness 
Certification of Unmanned Aircraft Systems and Optionally Piloted 
Aircraft, dated September 8, 2017. You can find this order at http://www.faa.gov/regulations_policies/orders_notices.
---------------------------------------------------------------------------

D. Requests for Changes to the Policy

    The CNO and the CDA requested that the type certification policy be 
streamlined, flexible, and account for changing technologies. The 
commenters stated that the type certification process should take 
months instead of years and should accommodate innovation. The FAA 
responds that this policy provides a flexible type certification 
process that allows particularized airworthiness criteria for each 
product design. Under this policy, as technologies change and 
applicants propose innovative and unique type designs, so too may the 
airworthiness criteria evolve. The FAA further notes that the pace of 
any certification program is driven by many factors, including the 
complexity of the project and the applicant's development and testing 
timelines.
    Joby Aviation requested the FAA prioritize using existing 
airworthiness standards under the process in Sec.  21.17(a) when a 
product closely matches the characteristics of the airplane or 
rotorcraft class and where special conditions (under Sec.  21.16) can 
be reasonably used to address differences. The commenter stated the 
approach of using the flexibility of the special class process in Sec.  
21.17(b) makes sense for certain UAS or products where it is not 
reasonable to apply existing airworthiness standards. The purpose of 
this policy is to use the flexibility provided in the Sec.  21.17(b) 
certification process to address the unique configurations and 
innovative applications of airframes, powerplants, fuels, and materials 
found in most UAS designs. For unmanned airplane and unmanned 
rotorcraft designs where the airworthiness standards in part 23 or 27, 
respectively, are appropriate for the certification basis, the FAA may 
still issue type certificates under the processes in Sec. Sec.  21.16 
and 21.17(a). The certification path for each individual UAS project 
will be based on applicability, relevance, appropriateness, and 
suitability.
    Joby Aviation also requested that the FAA certificate passenger-
carrying UAS under the existing, proven standards in part 23 or part 
27, as appropriate to the individual aircraft design, under the process 
in Sec.  21.17(a). Kilroy Aviation suggested a multi-tiered 
certification approach for UAS, with a tier for passenger-carrying UAS. 
These comments are beyond the scope of this policy, which does not 
apply to UAS that carry occupants.
    Another commenter requested that the FAA define the certification 
types, methods, and timeline more thoroughly before issuing this 
policy. This commenter stated that the widely varying types and uses of 
UAS make one blanket type of certification ineffective, or even 
meaningless. The FAA notes that this policy is only a procedural policy 
for establishing the airworthiness standards for the type certification 
of some UAS. The notice of proposed policy requesting comments for the 
type certification of unmanned aircraft systems, which published in the 
Federal Register on February 3, 2020 (85 FR 5905), explained the 
legislative and regulatory history, background, and the FAA's reasons 
for type certificating certain UAS as a special class of aircraft under 
Sec.  21.17(b). The purpose of this policy is to provide a flexible 
process until generally applicable UAS airworthiness standards are 
identified and established. Under the process for certification as a 
special class of aircraft, the FAA will publish a notice seeking public 
comment on the particularized airworthiness criteria for each 
applicant. The particularized airworthiness criteria will not become 
final until the FAA considers any public comments and publishes the 
airworthiness criteria as the certification basis for the applicant's 
design.
    The PRC requested that the FAA's policy use the three UAS 
categories (open, specific, and certified) proposed by the Joint 
Authorities for Rulemaking on Unmanned Systems (JARUS) and issued by 
the European Union.\10\ This commenter also requested that the FAA 
timely inform international aviation partners of its UAS type 
certification standards. The FAA notes that this policy is only a 
procedural policy for establishing airworthiness standards for the type 
certification of certain UAS. If the FAA determines it appropriate, as 
UAS technology develops and generally applicable standards are 
identified, the FAA may establish standards through rulemaking. During 
those activities, the FAA would further evaluate the UAS categories 
established by the European Union Aviation Safety Agency (EASA) and the 
diversity of UAS designs to help inform future agency action. The FAA 
will continue its collaboration with international partners in 
government and industry on UAS certification requirements.
---------------------------------------------------------------------------

    \10\ https://www.consilium.europa.eu/media/40525/delegated-act_drones.pdf.
---------------------------------------------------------------------------

    Kilroy Aviation, the CNO, and the CDA commented on FAA resources 
for UAS certification projects. The CNO and the CDA requested the FAA 
allocate sufficient personnel to support the exponential increase in 
UAS certification projects. Kilroy Aviation requested the FAA delegate 
UAS compliance findings to designees. The FAA is committed to the safe 
and efficient integration of UAS into the NAS, and type certification 
of UAS is an important step in that process. The FAA will continue to 
assess its resources and make any necessary adjustments to process 
certification projects of UAS and other aircraft. However, comments 
regarding the delegation of UAS certification findings to designees are 
beyond the scope of this policy.
    One commenter requested the policy prohibit UAS manufacturers from 
self-certifying their designs. This comment is beyond the scope of this 
policy. This policy outlines only the process for how the FAA will 
establish airworthiness standards for the type certification of certain 
UAS. FAA Order 8110.4C contains procedures and policy for the type 
certification of products, including how an applicant for a type 
certificate demonstrates compliance.
    The CNO and the CDA requested the FAA ensure early and frequent 
coordination among FAA offices. These commenters stated that inter-
office coordination between those responsible for issuing the type 
certificate and those responsible for issuing operational authority was 
critical, so that applicants have the authority to operate the UAS when 
its type certificate is issued. The FAA agrees. A type certificate is a 
design approval and only one of several

[[Page 58254]]

requirements (airworthiness, pilot certification, registration, air 
traffic control authorization, air carrier certification, etc.) that 
must be met for an aircraft to operate in the NAS. The FAA established 
the UAS Integration Office to facilitate coordination amongst FAA 
offices on UAS activities.
    ALPA requested the FAA limit the duration of the policy to not more 
than two years, as the process should only be interim until the FAA 
develops certification regulations specifically designed for UAS. The 
FAA does not agree. At this time, it is not possible to foresee when 
generally applicable airworthiness standards for UAS would be 
established or what form they may take. The FAA may supersede this 
policy at any time by issuing generally applicable standards through 
rulemaking.
    An individual requested the policy define unmanned aircraft using 
consistent taxonomy. This commenter noted that many common UAS designs 
are not easy to categorize as an airplane, rotorcraft, or hybrid lift. 
This commenter also requested that the policy define the term 
``unmanned aircraft system,'' as that term is not defined in 14 CFR 
1.1. The FAA agrees that UAS designs are diverse. However, this policy 
only addresses the process for how the FAA will establish airworthiness 
standards for the type certification of certain UAS as a special class. 
Although there is no corresponding definition in 14 CFR part 1, the 
term ``unmanned aircraft system'' is defined by statute at 49 U.S.C. 
44801(12) as an unmanned aircraft and its associated elements 
(including communication links and the components that control the 
unmanned aircraft) that are required for the operator to operate safely 
and efficiently in the NAS.\11\
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    \11\ See also 14 CFR 107.3.
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E. Airworthiness Criteria for UAS

    ALPA, the CNO, the CDA, NAAA, Wing Aviation LLC (Wing Aviation), 
Kilroy Aviation, Valqari LLC, and six individual commenters requested 
the FAA adopt specific airworthiness criteria for UAS. These criteria 
included subjects such as weather, collision avoidance, marking and 
coloring, strobe lighting, system safety assessments, payload, weight, 
software, propeller shrouds and other safety equipment, noise, 
batteries, public safety, and control stations. Kilroy Aviation 
requested the FAA consider using the certification criteria for ``small 
category VTOL aircraft'' adopted by EASA. Amazon Prime Air requested 
that, while the FAA uses the process under Sec.  21.17(b) for type 
certification, the agency also form a working group to evaluate and 
create new rules for UAS airworthiness standards. These comments are 
beyond the scope of this policy. This policy outlines only the 
procedures for how the FAA will establish airworthiness standards for 
the type certification of certain UAS. The particularized airworthiness 
criteria for each applicant will vary as appropriate and applicable to 
the specific UAS design. The FAA will announce and seek public comment 
on the airworthiness criteria for each applicant. The FAA will also 
continue to work with the public, industry, other civil aviation 
authorities, and standards development organizations to create and 
refine standards and policy for UAS.
    Wing Aviation and other commenters requested the airworthiness 
criteria for UAS be performance-based. The FAA agrees and anticipates 
issuing performance-based airworthiness criteria based on each 
applicant's design when possible. The FAA will announce and seek public 
comment on these criteria for each applicant.
    Kilroy Aviation, the CNO, and the CDA requested the FAA harmonize 
UAS certification standards with EASA and other foreign civil aviation 
authorities. The FAA agrees that having harmonization and consistency 
on UAS policy and requirements with foreign authorities is prudent; 
however, the implementation of this comment is beyond the scope of this 
policy.

F. Operational Rules for UAS

    The CNO, the CDA, Valqari LLC, and three individual commenters 
requested the FAA adopt specific criteria and rules for UAS based on 
operational factors. These factors included beyond visual line of sight 
(BVLOS) operations (especially in rural areas), designated airspace 
below 400 feet for agricultural drone use, night operations, and 
location of the UAS operation. Operational considerations, such as 
BVLOS and detect and avoid requirements, are beyond the scope of this 
policy.
    Several commenters also requested that the policy be risk-based and 
account for the specific risks encountered by each UAS within its 
operating environment. The FAA agrees and plans to use a risk-based 
approach for UAS type certification. The FAA anticipates issuing 
performance-based airworthiness criteria for each individual 
applicant's design. For example, some applicants will demonstrate 
compliance with the criteria by durability and reliability (D&R) 
testing at a level tailored for the design based on its risk. The D&R 
testing would result in an acceptable number of successful flight 
hours, representative of mission cycles to substantiate the overall 
reliability of the UAS.
    Several commenters requested that the FAA restrict UAS operations 
over residential areas and schools and provide protections for 
citizens' right to privacy. The operational issues raised by these 
comments are beyond the scope of this policy, which is limited to the 
process for establishing airworthiness standards for type 
certification.
    The CNO, the CDA, and an individual requested that the FAA combine 
operational authority with the issuance of the type certificate. These 
commenters suggested that since the airworthiness criteria for each 
type-certificated UAS will go through the public notice and comment 
process, that process should include any exemptions from parts 91 and 
61 (general operating and flight rules and flight crew certification 
requirements) necessary to operate. These commenters further suggested 
that the conditions and limitations typically included in the grant of 
an exemption could then be incorporated on the TCDS as operating 
limitations. This policy outlines the process for how the FAA will 
establish airworthiness standards for the type certification of certain 
UAS. The process for granting relief from operational and airmen 
certification rules is addressed in 14 CFR part 11.

G. Request for Generally Applicable Standards

    Kilroy Aviation, the CNO, the CDA, and an individual requested that 
the FAA issue additional guidance or rulemaking or recognize standards 
for UAS certification in a timely manner. The FAA is committed to 
developing the regulations, policy, procedures, guidance material, and 
training requirements necessary to support the safe and efficient 
integration of UAS into the NAS. The implementation of these activities 
is beyond the scope of this policy.

H. Comments Regarding Airmen

    Droneport Texas LLC requested the FAA update remote pilot training 
requirements and study aids so pilots are aware of the distinctions for 
type-certificated UAS. This commenter also requested the FAA create 
specialized training for maintainers, operators, and remote pilots of 
UAS type certificated as a special class of aircraft. One individual 
requested the FAA develop

[[Page 58255]]

different classes of recreational UAS pilots. Another individual 
requested the FAA create specific aircraft type ratings for remote 
pilots. However, the airmen training and certification issues raised by 
these comments are beyond the scope of this policy, which is limited to 
the process for type certification.

I. Requests for the FAA To Withdraw the Policy

    An anonymous commenter opposed the policy and stated it will stifle 
innovation, limit recreation, and unnecessarily intrude on personal 
freedoms. Fifteen individual commenters opposed the policy based on 
concerns it would overburden hobbyists and negatively impact the model 
aircraft community. The FAA infers that these commenters would like the 
FAA to withdraw the policy. This policy will not burden or negatively 
impact a person conducting limited recreational operations with a small 
unmanned aircraft under 49 U.S.C. 44809, because type certification is 
not required for these operations. For other UAS, type certification 
may be required, depending on the weight of the UAS, the purpose of the 
operations, and the operating rules to which the UAS is subject. This 
policy provides a timely and flexible type certification process to 
ensure that a UAS design complies with appropriate safety standards.

J. Requests for an Extension of the Comment Period

    Two individual commenters requested that the FAA extend the comment 
period in order to solicit additional input and define additional 
requirements. These comments noted that the comment period for this 
notice overlapped with the comment period for the FAA's proposed 
rulemaking on remote identification of UAS (84 FR 72438, December 31, 
2019). The FAA has considered the request and determined that 30 days 
provided an appropriate time for comment on the proposed policy, as 
sufficient feedback on the policy was provided by the public during the 
comment period.

K. Comments on Other FAA Rules

    Some commenters expressed concerns about the FAA's proposed remote 
identification rule. Other commenters stated opposition to FAA's rules 
for small UAS in part 107. DJI Technology, Inc., commented on 
operations and associated waivers under part 107. Because these 
comments concern FAA rulemakings on other issues, they are outside the 
scope of this policy.

L. Other Out of Scope Comments

    Two commenters requested the FAA address UAS-related products (3-D 
printed parts, test benches). DJI Technology, Inc., requested that the 
FAA revise its regulations to allow American companies to manufacture 
UAS at facilities outside the United States. An individual commenter 
requested that the FAA revise 14 CFR 21.25(a)(1) to allow UAS as a 
special purpose operation for issuance of a restricted category type 
certificate. These comments are outside the scope of this policy, which 
specifies a process for establishing airworthiness standards for type 
certification of certain UAS.
    The FAA also received and reviewed several comments that were very 
general, stated the commenter's viewpoint without a suggestion specific 
to the policy, or did not make a request the FAA can act on. These 
comments are outside the scope of this policy.

Policy

    The FAA has determined that some UAS may be type certificated as a 
``special class'' of aircraft under Sec.  21.17(b). The FAA will issue 
type certificates for UAS with no occupants onboard under the process 
in Sec.  21.17(b). However, the FAA may still issue type certificates 
under Sec.  21.17(a) for airplane and rotorcraft UAS designs where the 
airworthiness standards in part 23, 25, 27 or 29, respectively, are 
appropriate for the certification basis. This policy applies only to 
the procedures for the type certification of UAS, and is not intended 
to establish policy impacting other FAA rules pertaining to unmanned 
aircraft, such as operations, pilot certification, or maintenance.
    The FAA will seek public comment on the particularized 
airworthiness criteria for each applicant as certification standards 
for this new special class evolve. Once generally applicable standards 
are identified, the FAA may conduct rulemaking.
    The FAA's part 107 rulemaking on small UAS was only the first step 
in the FAA's plan to integrate UAS into the NAS. Many long-term 
activities are required for full integration of present and future UAS 
operations, which will include the delivery of packages and 
transportation of people. The UAS affected by this policy will include 
those used for package delivery. Future FAA activity, through either 
further policy or rulemaking, will address type certification for UAS 
carrying occupants.
    The contents of this document do not have the force and effect of 
law and are not meant to bind the public in any way. This document is 
intended only to provide clarity to the public regarding existing 
requirements under the law or agency policies.

    Issued in Kansas City, Missouri, on August 11, 2020.
Pat Mullen,
Manager, Small Airplane Standards Branch, Policy and Innovation 
Division, Aircraft Certification Service.
[FR Doc. 2020-17882 Filed 9-17-20; 8:45 am]
BILLING CODE 4910-13-P


