63912 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations 

1See Cherrie Anne E. Villahermosa, CNMI 

Sustaining Economic Growth Momentum, Marianas 

Variety, June 30, 2015, available at http://

pidp.eastwestcenter.org/pireport/2015/June/06-30- 

19.htm. 2See Raquel C. Bagnol, Labor Chief Says CW 

Allocation Needs to be Revisited, Marianas Variety, 

June 17, 2015, available at http://

www.mvariety.com/cnmi/cnmi-news/local/77978- 

labor-chief-says-cw-allocation-needs-to-be-revisited. 

3FY 2016 refers to the period between October 1, 

2015, and September 30, 2016. 

workers but does not mandate a specific 

reduction. See 48 U.S.C. 1806(d)(2). In 

addition, DHS regulations provide that 

the numerical limitation for any fiscal 

year will be less than the number 

established for the previous fiscal year, 

and that it will be reasonably calculated 

to reduce the number of CW–1 

nonimmigrant workers to zero by the 

end of the program. 8 CFR 

214.2(w)(1)(viii)(C). DHS may adjust the 

numerical limitation at any time by 

publishing a notice in the Federal 

Register, but may only reduce the 

figure. See 8 CFR 214.2(w)(1)(viii)(D). 

To comply with these requirements, 

meet the CNMI’s labor market’s needs, 

provide opportunity for growth, and 

preserve access to foreign labor, DHS 

has set the numerical limitation for FY 

2016 at 12,999. DHS arrived at this 

figure by taking the number of CW–1 

nonimmigrant workers needed based on 

the FY 2015 limitation of 13,999, and 

then moderately reducing it by 1,000 or 

approximately 7.2 percent. The new 

number will accommodate continued 

economic growth within the CNMI that 

might result in a need for additional 

CW–1 nonimmigrant workers during FY 

2016. Therefore, CNMI businesses can 

continue to hire CW–1 workers to meet 

their current and future need for foreign 

workers. 

In setting this new numerical 

limitation for FY 2016, DHS considered 

its effect in conjunction with the 

published media reports indicating that 

the CNMI economy continues to grow 1

and that any reduction in the number of 

CW–1 workers available will have to 

account for new investments and the 

expansion of existing businesses in 

order to support such economic 

growth.2

For the aforementioned reasons, DHS 

recognizes that any numerical limitation 

must account for the fact that the CNMI 

economy continues to be based on a 

workforce composed primarily of 

foreign workers. Therefore, any new 

fiscal year numerical limit should allow 

for economic growth until the end of the 

transitional worker program, which is 

now December 31, 2019. DHS must 

reduce the annual numerical limitation 

as statutorily mandated, but also should 

ensure that there are enough CW–1 

workers for future fiscal years until the 

end of the program. 

As noted previously, Congress has 

mandated that the transition period end 

on December 31, 2019, without the 

possibility of an administrative 

extension of the CW program. See 48 

U.S.C. 1806(a), (d). Given this firm 

sunset date and the CNRA’s requirement 

to reduce the number of transitional 

workers to zero by the end of the 

transition period, DHS believes that a 

prudent approach to the numerical limit 

for the next fiscal year is to institute a 

meaningful but moderate reduction in 

the numerical limitation. As such, DHS 

believes that a reduction of 1,000 is 

appropriate for FY 2016. This new 

baseline preserves access to foreign 

labor within the CNMI and provides a 

cushion for demand growth, yet 

provides a meaningful reduction that 

aids DHS in the implementation of the 

mandated cap reductions to zero over 

the transition period. Accordingly, DHS 

is reducing the number of transitional 

workers from the current fiscal year 

numerical limitation of 13,999, and 

establishing the maximum number of 

persons who may be granted CW–1 

nonimmigrant status in FY 2016 at 

12,999. 

The FY 2016 numerical limitation for 

CW–1 nonimmigrant workers will be in 

effect beginning on October 1, 2015. 

DHS still retains the ability to adjust the 

numerical limitation for a fiscal year or 

other period, in its discretion, at any 

time by notice in the Federal Register. 

See 8 CFR 214.2(w)(1)(viii)(C) and (D). 

Consistent with the rules applicable to 

other nonimmigrant worker visa 

classifications, if the numerical 

limitation for the fiscal year is not 

reached, the unused numbers do not 

carry over to the next fiscal year. See 8 

CFR 214.2(w)(1)(viii)(E). 

Generally, each CW–1 nonimmigrant 

worker with an approved employment 

start date that falls within FY 2016 3 will 

be counted against the new numerical 

limitation of 12,999. Counting each 

CW–1 nonimmigrant worker in this 

manner will help ensure that U.S. 

Citizenship and Immigration Services 

does not approve requests for more than 

12,999 CW–1 nonimmigrant workers. 

This document does not affect the 

current immigration status of foreign 

workers who have CW–1 nonimmigrant 

status. Foreign workers, however, will 

be affected by this document when their 

CNMI employers file: 

• For an extension of their CW–1 

nonimmigrant classification, or 

• A change of status from another 

nonimmigrant status to that of CW–1 

nonimmigrant status. 

This document does not affect the 

status of any individual currently 

holding CW–2 nonimmigrant status as 

the spouse or minor child of a CW–1 

nonimmigrant worker. This document 

also does not directly affect the ability 

of any individual to extend or otherwise 

obtain CW–2 status, as the numerical 

limitation applies to CW–1 principals 

only. This document, however, may 

indirectly affect individuals seeking 

CW–2 status since their status depends 

on the CW–1 principal’s ability to 

obtain or retain CW–1 status. 

Jeh Charles Johnson, 

Secretary. 

[FR Doc. 2015–26963 Filed 10–21–15; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Federal Aviation Administration 

14 CFR Chapter I 

[Docket No. FAA–2015–4378] 

Clarification of the Applicability of 

Aircraft Registration Requirements for 

Unmanned Aircraft Systems (UAS) and 

Request for Information Regarding 

Electronic Registration for UAS 

AGENCY: Department of Transportation 

and Federal Aviation Administration. 

ACTION: Clarification and request for 

information. 

SUMMARY: This document clarifies the 

applicability of the statutory 

requirements regarding aircraft 

registration to UAS, including those 

operating as model aircraft. In addition, 

the DOT announces the formation of a 

UAS registration task force to explore 

and develop recommendations to 

streamline the registration process for 

UAS to ease the burden associated with 

the existing aircraft registration process. 

This document requests information 

and recommendations regarding what 

information and registration platform 

would be appropriate for UAS 

registration and ways to minimize the 

burden to the regulated community. In 

addition, we request comment on which 

UAS, based on their weight or 

performance capabilities, warrant a 

continued exercise of discretion with 

respect to requiring registration because 

of the negligible risk they pose to the 

national airspace system (NAS). 

DATES: This clarification goes into effect 

October 22, 2015. To assist the task 

force in developing its 

recommendations, the Department 


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Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations 63913 

1The FAA is charged with registering and issuing 

a certificate of registration to the owner of an 

aircraft that meets the requirements of 49 U.S.C. 

44102. See 49 U.S.C. 44102–03. These statutory 

requirements are augmented by regulations in part 

47 of title 14, Code of Federal Regulations. 

2Similarly, FAA regulations define ‘‘aircraft’’ as 

‘‘a device that is used or intended to be used for 

flight in the air.’’ 14 CFR 1.1. 

requests that comments in response to 

the request for information be submitted 

to docket FAA–2015–4378 at 

www.regulations.gov, by November 6, 

2015. 

The docket will remain open after this 

time and the Department will consider 

all comments received in developing a 

registration process. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Dockets Management System; 

U.S. Department of Transportation, 

Dockets Operations, M–30, Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

• Hand Delivery: To U.S. Department 

of Transportation, Dockets Operations, 

M–30, Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001, between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

Instructions: Include the agency name 

and docket number FAA–2015–4378 for 

this document at the beginning of your 

comment. Note that all comments 

received will be posted without change 

to http://www.regulations.gov including 

any personal information provided. If 

sent by mail, comments must be 

submitted in duplicate. Persons wishing 

to receive confirmation of receipt of 

their comments must include a selfaddressed stamped postcard. 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement at http://www.dot.gov/

privacy. 

Docket: You may view the public 

docket through the Internet at http://

www.regulations.gov or in person at the 

Docket Operations office at the above 

address (See ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding this document may 

be directed to Earl Lawrence, Director, 

FAA UAS Integration Office, 800 

Independence Ave. SW., Washington 

DC 20591; phone: (202) 267–6556; 

email: UASRegistration@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In the FAA Modernization and 

Reform Act of 2012 (Pub. L. 112–95) 

(the Act), Congress mandated that the 

DOT, in consultation with other 

government partners and industry 

stakeholders, develop a comprehensive 

plan to safely accelerate the integration 

of civil UAS in the NAS. Since 2012, the 

Department has made progress in 

enabling UAS operations, through 

issuing exemptions under section 333 of 

the Act to permit commercial 

operations; creating a UAS test site 

program to encourage further research 

and testing of UAS operations in realworld environments; issuing a notice of 

proposed rulemaking, Operation and 

Certification of Small Unmanned 

Aircraft Systems (RIN 2120–AJ60) 

(small UAS NPRM), that sets forth a 

framework for integrating small UAS 

operations in the NAS; and developing 

a Pathfinder program to encourage 

research and innovation that will enable 

advanced UAS operations. 

A foundational statutory and 

regulatory requirement that the 

Department has employed for each of 

these integration programs is aircraft 

registration and marking. In order to 

operate in the NAS, the Department 

must ensure that operators are not only 

aware of the system in which they are 

operating, but that we also have a means 

to identify and track the UAS to its 

operator. One means to accomplish this 

is through aircraft registration and 

marking. To date, UAS operators that 

the Department has authorized have 

been required to register their UAS 

through the FAA’s existing paper-based 

registration process under 14 CFR part 

47. As an exercise of discretion, 

historically we have not required model 

aircraft to be registered under this 

system. 

UAS hold enormous promise for our 

economy and for the aviation industry. 

But for the industry to develop to its full 

potential, we have to ensure that it 

develops safely. Over the past several 

months, we have received increasing 

reports of unauthorized and unsafe use 

of small UAS. Pilot reports of UAS 

sightings in 2015 are double the rate of 

2014. Pilots have reported seeing drones 

at altitudes up to 10,000 feet, or as close 

as half-a-mile from the approach end of 

a runway. In recent weeks, the presence 

of multiple UAS in the vicinity of wild 

fires in the western part of the country 

prompted firefighters to ground their 

aircraft on several occasions. These UAS 

operations are unsafe and illegal. 

However, only a small percentage of 

these incidents have resulted in 

enforcement actions against individuals 

for unsafe or unauthorized UAS 

operation because identifying an 

individual or entity responsible for the 

dangerous operation of UAS is very 

difficult. This situation is troubling to 

the unmanned aircraft industry, to 

responsible model aircraft users, and to 

users of the NAS, all of whom always 

put safety first. 

The risk of unsafe operations will 

only increase as more UAS enter the 

NAS. Some retailers have projected 

huge holiday sales. We are committed to 

ensuring that the U.S. continues to lead 

the world in the development and 

implementation of aviation technology, 

and in doing so, that we create a space 

for the creativity, innovation and 

exploration that will drive this industry 

forward in the years and decades ahead. 

At the same time, we must create a 

culture of accountability and 

responsibility among all UAS operators. 

To maintain safety in the NAS, the 

Department has reconsidered its past 

practice of exercising discretion with 

respect to requiring UAS to be 

registered, consistent with statutory 

requirements of 49 U.S.C. 44101–44103, 

and has determined that registration of 

all UAS is necessary to enforce personal 

accountability while operating an 

aircraft in our skies. 

Federal law requires that a person 

may only operate an aircraft when it is 

registered with the FAA. 49 U.S.C. 

44101(a).1 ‘‘Aircraft’’ is defined as ‘‘any 

contrivance invented, used, or designed 

to navigate, or fly in, the air.’’ 2 49 U.S.C. 

40102(a)(6). In 2012, Congress 

confirmed that UAS, including those 

used for recreation or hobby purposes, 

are aircraft consistent with the statutory 

definition set forth in 49 U.S.C. 

40102(a)(6). See Public Law 112–95, sec. 

331(8), 336 (defining an unmanned 

aircraft as ‘‘an aircraft that is that is 

operated without the possibility of 

direct human intervention from within 

or on the aircraft,’’ and model aircraft as 

‘‘an unmanned aircraft that is capable of 

sustained flight in the atmosphere, 

flown within visual line of sight of the 

person operating the aircraft, and flown 

for hobby or recreational purposes’’); see 

also Administrator v. Pirker, NTSB 

Order No. EA–5730, at 12 (Nov. 17, 

2014) (affirming that the statutory 

definition of aircraft is clear and 

unambiguous and ‘‘includes any air 

aircraft, manned or unmanned, large or 

small.’’). Because UAS, including model 

aircraft, are aircraft, they are subject to 

FAA regulation, including the statutory 


asabaliauskas on DSK5VPTVN1PROD with RULES
63914 Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Rules and Regulations 

requirements regarding registration set 

forth in 49 U.S.C. 44101(a), and further 

prescribed in regulation at 14 CFR part 

47. 

Historically, the FAA, through the 

exercise of its discretion, has not 

enforced the statutory requirements for 

aircraft registration in 49 U.S.C. 44101 

for model aircraft. As evidenced by the 

recent reports of unsafe UAS operations, 

the lack of awareness of operators 

regarding what must be done to operate 

UAS safely in the NAS, and the lack of 

identification of UAS and their 

operators pose significant challenges in 

ensuring accountability for responsible 

use. Without increased awareness and 

knowledge of the statutory and 

regulatory requirements for safe 

operation, the risk of unsafe UAS 

operations will only rise. Aircraft 

identification and marking will assist 

the Department in identifying owners of 

UAS that are operated in an unsafe 

manner, so we may continue to educate 

these users, and when appropriate, take 

enforcement action. 

Requiring registration of all UAS, 

including those operated for hobby or 

recreation, embraces and applies the 

Academy of Model Aeronautics’ 

(AMA)’s policy of identification to UAS 

operators who may not be modelers 

registered with the AMA. Additionally, 

it would ensure consistency with other 

UAS operations currently required to be 

registered, such as public aircraft, those 

operated under exemptions, and 

certificated aircraft, as well as those 

operations contemplated in the small 

UAS NPRM. 

Based on the Department’s experience 

in registering small UAS authorized by 

exemptions granted under the authority 

of section 333 of the FAA 

Modernization and Reform Act of 2012, 

and the comments received on the 

proposed registration requirements in 

the small UAS NPRM, it is apparent that 

the current paper-based system for 

aircraft registration is too burdensome 

for small UAS, to include model 

aircraft. To facilitate compliance with 

the statutory obligation for registration, 

the DOT is currently evaluating options 

for a streamlined, electronic-based 

registration system for small UAS. The 

Department has convened a UAS 

registration task force, under the FAA’s 

authority in 49 U.S.C. 106(p)(5) to 

designate aviation rulemaking 

committees. This task force will provide 

recommendations on the type of 

registration platform needed to 

accommodate small UAS, as well as the 

information that will need to be 

provided to register these aircraft. The 

UAS registration task force also will 

explore and provide recommendations 

on whether it is appropriate for the FAA 

to continue to exercise discretion with 

respect to requiring registration of 

certain UAS based on their weight and 

performance capabilities. The task force 

will meet and provide its 

recommendations to the Department by 

November 20, 2015. To facilitate the 

task force’s work, we are requesting 

information and data from the public in 

the following areas: 

1. What methods are available for 

identifying individual products? Does 

every UAS sold have an individual 

serial number? Is there another method 

for identifying individual products sold 

without serial numbers or those built 

from kits? 

2. At what point should registration 

occur (e.g. point-of-sale or prior-tooperation)? How should transfers of 

ownership be addressed in registration? 

3. If registration occurs at point-ofsale, who should be responsible for 

submission of the data? What burdens 

would be placed on vendors of UAS if 

DOT required registration to occur at 

point-of-sale? What are the advantages 

of a point-of-sale approach relative to a 

prior-to-operation approach? 

4. Consistent with past practice of 

discretion, should certain UAS be 

excluded from registration based on 

performance capabilities or other 

characteristics that could be associated 

with safety risk, such as weight, speed, 

altitude operating limitations, duration 

of flight? If so, please submit 

information or data to help support the 

suggestions, and whether any other 

criteria should be considered. 

5. How should a registration process 

be designed to minimize burdens and 

best protect innovation and encourage 

growth in the UAS industry? 

6. Should the registration be 

electronic or web-based? Are there 

existing tools that could support an 

electronic registration process? 

7. What type of information should be 

collected during the registration process 

to positively identify the aircraft owner 

and aircraft? 

8. How should the registration data be 

stored? Who should have access to the 

registration data? How should the data 

be used? 

9. Should a registration fee be 

collected and if so, how will the 

registration fee be collected if 

registration occurs at point-of-sale? Are 

there payment services that can be 

leveraged to assist (e.g. PayPal)? 

10. Are there additional means 

beyond aircraft registration to encourage 

accountability and responsible use of 

UAS? 

Comments received by November 6, 

2015 would be most helpful in assisting 

the UAS registration task force in 

developing its recommendations. The 

comment period will remain open after 

this period and the Department will 

consider the comments received, in 

addition to the UAS registration task 

force’s recommendations, in developing 

a stream-lined registration process for 

small UAS, including model aircraft. 

Issued in Washington, DC, on October 19, 

2015. 

Anthony R. Foxx, 

Secretary of Transportation. 

Michael P. Huerta, 

Administrator of the Federal Aviation 

Administration. 

[FR Doc. 2015–26874 Filed 10–20–15; 11:15 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 950 

[Docket No: 150202106–5879–02] 

RIN 0648–BE86 

Schedule of Fees for Access to NOAA 

Environmental Data, Information, and 

Related Products and Services 

AGENCY: National Environmental 

Satellite, Data and Information Service 

(NESDIS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NESDIS 

establishes a new schedule of fees for 

the sale of its data, information, and 

related products and services to users. 

NESDIS is revising the fee schedule that 

has been in effect since 2013 to ensure 

that the fees accurately reflect the costs 

of providing access to the 

environmental data, information, and 

related products and services. NESDIS 

is authorized under 15 U.S.C. 1534 to 

assess fees, up to fair market value, for 

access to environmental data, 

information, and products derived from, 

collected, and/or archived by NOAA. 

Other than depreciation, costs to 

upgrade computer hardware and 

software systems will not be included in 

the fees charged to users. NESDIS is 

updating its schedule of fees for access 

to NOAA Environmental Data, 

Information, and Related Products and 

Services as costs of providing access 

have changed since 2013. 

DATES: Effective date: November 23, 

2015. 


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