Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 14319 

(404) 474–5551; fax: (404) 474–5606; email: 

gregory.noles@faa.gov. 

(2) For service information identified in 

this AD, contact Piper Aircraft, Inc., 926 

Piper Drive, Vero Beach, Florida 32960; 

telephone: (772) 567–4361; Internet: 

www.piper.com. You may review copies of 

the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on March 

5, 2012. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–5801 Filed 3–8–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2012–0252] 

Unmanned Aircraft System Test Sites 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Request for comments. 

SUMMARY: The FAA intends to identify 

six test ranges/sites to integrate 

unmanned aircraft systems (UAS) into 

the National Airspace System (NAS). 

This pilot project is in direct response 

to a Congressional mandate. The FAA 

believes that designation of such UAS 

test sites will assist in the effort to safely 

and efficiently integrate UAS into the 

NAS and solicits feedback on this issue. 

This feedback will be utilized to help 

develop UAS test site requirements, 

designation standards, and oversight 

activity. 

DATES: The FAA values the input of the 

UAS community at large and intends to 

incorporate ideas and suggestions into 

the UAS test site designation process. 

Send your comments on or before May 

8, 2012. 

The FAA will also host national 

webinars to provide further information 

and obtain feedback regarding the six 

test ranges/sites. Additional information 

and frequently asked questions are 

available at www.faa.gov/. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2012–0252 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Prosek, Manager, Unmanned 

Aircraft Program Office, Flight 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

call (202) 385–4835, facsimile (202) 

385–4559, email uastestsites@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

An unmanned aircraft is a device that 

is used, or is intended to be used, for 

flight in the air with no onboard pilot. 

These devices may be as simple as a 

light, hand launched aircraft flown 

within line of sight of the operator or as 

complex as a high altitude surveillance 

aircraft patrolling our nation’s borders. 

They may be flown using a data link to 

transmit commands to the aircraft. They 

may perform a variety of public 

services, including: Surveillance, 

collection of air samples to determine 

levels of pollution, or rescue and 

recovery missions in crisis situations. 

They currently range in size from 

wingspans of six inches to over 240 feet; 

and can weigh from approximately four 

ounces to over 32,000 pounds. The one 

thing they have in common is that their 

numbers and uses are growing 

dramatically. In the United States alone, 

approximately 50 companies, 

universities, and government 

organizations are developing and 

producing some 155 unmanned aircraft 

designs. Regulatory standards need to be 

developed to enable current technology 

for unmanned aircraft, and unmanned 

aircraft operations, to comply with Title 

14 Code of Federal Regulations (CFR). 

Additionally, research needs to be 

performed to assess and mitigate 

operational safety and efficiency issues 

to enable routine UAS operations in the 

NAS. 

Congressional Mandate Under FAA 

Modernization and Reform Act of 2012 

On February 14, 2012, the FAA 

Modernization and Reform Act of 2012 

was signed by the President. The Act 

includes specific requirements for 

unmanned aerial [aircraft] systems and 

national airspace. 

Under H.R. 658, Section 331(c), the 

FAA Administrator is required to 

establish a program to integrate 

unmanned aircraft systems into the 

national airspace system at six test 

ranges. In establishing the program, the 

Administrator shall: 

(A) Safely designate airspace for 

integrated manned and unmanned flight 

operations in the national airspace 

system; 

(B) Develop certification standards 

and air traffic requirements for 

unmanned flight operations at test 

ranges; 

(C) Coordinate with and leverage the 

resources of the National Aeronautics 

and Space Administration and the 

Department of Defense; 

(D) Address both civil and public 

unmanned aircraft systems; 

(E) Ensure that the program is 

coordinated with the Next Generation 

Air Transportation System; and 

(F) Provide for verification of the 

safety of unmanned aircraft systems and 

related navigation procedures before 

integration into the national airspace 

system. In determining the location of 

the 6 test ranges of the program, the 

FAA Administrator shall— 

(A) Take into consideration 

geographic and climatic diversity; 

(B) Take into consideration the 

location of ground infrastructure and 

research needs; and 

(C) Consult with the National 

Aeronautics and Space Administration 

and the Department of Defense. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
14320 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 

Congressional Mandate Under National 

Defense Authorization Act (NDAA) 

On December 30, 2011, the NDAA 

was signed by the President. Section 

1097 includes specific requirements for 

unmanned aerial [aircraft] systems and 

national airspace almost identical to the 

language in the FAA Modernization and 

Reform Act of 2012. 

Under the NDAA, the FAA’s 

Administrator is required to establish a 

program to integrate unmanned aircraft 

systems into the national airspace 

system at six test ranges not later than 

180 days after December 30, 2011. In 

establishing the program, the 

Administrator shall: 

(1) Safely designate nonexclusionary 

airspace for integrated manned and 

unmanned flight operations in the 

national airspace system; 

(2) Develop certification standards 

and air traffic requirements for 

unmanned flight operations at test 

ranges; 

(3) Coordinate with and leverage the 

resources of the Department of Defense 

(DoD) and the National Aeronautics and 

Space Administration (NASA); 

(4) Address both civil and public 

unmanned aircraft systems; 

(5) Ensure that the program is 

coordinated with the Next Generation 

Air Transportation System; and 

(6) Provide for verification of the 

safety of unmanned aircraft systems and 

related navigation procedures before 

integration into the national airspace 

system. 

In determining the location of a test 

range the Administrator shall: (1) Take 

into consideration geographic and 

climatic diversity; (2) take into 

consideration the location of ground 

infrastructure and research needs; and 

(3) consult with DoD and NASA. A 

project at a test range (a defined 

geographic area where research and 

development are conducted) shall be 

operational no later than 180 days after 

the date the pilot project is established. 

No later than 90 days after the date of 

completing a pilot project, the 

Administrator shall submit a report to: 

the Committee on Armed Services, the 

Committee on Transportation and 

Infrastructure, and the Committee on 

Science, Space, and Technology of the 

House of Representatives; and, the 

Committee on Armed Services and the 

Committee on Commerce, Science, and 

Transportation of the Senate. The report 

will include a description and 

assessment of the progress being made 

in establishing special use airspace to 

fill the immediate need of DoD. 

The program shall terminate on the 

date that is five years after the date of 

the enactment of this Act. 

II. Discussion 

To meet the Congressional timeline 

and increasing demand from the UAS 

community, the FAA intends to 

designate UAS test sites based on 

locations/applications submitted by 

interested government agencies, private 

institutions and organizations. In 

addition to identification of test ranges, 

the airspace volume that is associated 

with the test range will need to be 

defined. Impact on NAS operational 

efficiency, the ability to accommodate 

planned and projected research 

missions, and other factors that are 

traditionally considered in determining 

flight test airspace will be elements of 

the test range airspace designation. 

The FAA will leverage test range 

experience from DoD and NASA in the 

designation process and subsequent 

oversight activities. DoD and NASA 

already have orders/directives covering 

the operation of their test ranges. DoD 

and NASA have indicated that, while 

their organizations are not requesting to 

create additional restricted airspace for 

UAS testing, they are willing to assist 

the FAA with this initiative. 

Appropriate guidance for test sites for 

civil and public users (States, 

commercial, academia, etc.) should, to 

the extent possible, be harmonized with 

current Federal directives. 

In February 2009, the FAA entered 

into a Cooperative Research and 

Development Agreement (CRDA) with a 

public university for collaborative 

research on UAS, and operations were 

authorized in June 2011. UAS 

operations are conducted under a 

Certificate of Waiver or Authorization 

(COA) which precludes operations for 

compensation or hire. A safety 

assessment process for operations was 

developed; and this process is 

supported by Standard Operating 

Procedures (SOPs). The objective of this 

research is to prescribe operating 

requirements in the NAS (outside of 

restricted and/or warning area airspace) 

for the purpose of testing, training and/ 

or operational flights. 

III. Request for Comments 

The FAA is asking the public to 

answer the following questions to help 

develop refined UAS test site 

requirements, designation standards, 

and oversight activities. The period for 

this request for comment has been 

limited to 60 days to ensure that the 

FAA is able to make informed decisions 

based on public input, while still 

meeting the Congressionally-mandated 

timelines. Comment size is limited to 

2.5 pages per section (A–H) with an 

aggregate maximum of 20 pages using 

12 point font size. 

(A) The Congressional language asks 

the FAA to consult with and leverage 

the resources of the DoD and the NASA 

in this effort. Since many public 

operators already have access to test 

ranges and control the management and 

use of those ranges, should the 

management of these new test ranges be 

held by local governments or should a 

private entity schedule and manage the 

airspace? 

(B) Safety of the NAS is paramount to 

the integration of UAS test sites. In the 

present UAS test range construct, the 

focus of the test work is at the discretion 

of the proponent, provided that the 

testing can be done safely. While 

preserving opportunities to 

accommodate unique entrepreneurial 

efforts, the FAA believes that the new 

test sites need to include focal points to 

ensure that research is accomplished in 

each of the areas identified as a major 

obstacle to UAS NAS integration. These 

focal areas include: UAS system safety 

and data gathering; UAS aircraft 

certification; UAS command and control 

link issues; UAS control station layout 

and certification; UAS ground and 

airborne sense and avoid research; and, 

any environmental impacts associated 

with the operation of UAS in the NAS. 

Are there other focal areas that need to 

be elevated to the stature of being a test 

site focal area? 

(C) The legislation does not contain 

any funding for the set-up, management 

or oversight of the test ranges. In the 

selection of a UAS test site, the FAA 

anticipates that proponents with 

existing facilities and infrastructure, 

such as operations buildings, launch 

facility/runway, surveillance, 

monitoring and range control, would be 

considered first, followed by proponents 

with firm funding for facilities and 

infrastructure. Are there other 

overriding considerations for site 

selection? 

(D) The FAA believes that the 

combined capabilities of the six test 

sites should provide an environment 

and opportunities to test: 

(1) Conventional takeoff and landing 

capability, 

(2) High speed flight, 

(3) Maritime (launch/maneuver/ 

recovery) capability, 

(4) Operations at extremely high 

altitudes, and 

(5) Evaluation of dissimilar aircraft in 

multiple altitude structures. 

While each site would not necessarily 

need to be identical, nor would each site 

need to have all five of these 

capabilities, the FAA believes that these 

capabilities should be present in the 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 14321 

aggregate of the six test sites. Are there 

any other capabilities that test site 

selection should include? 

(E) Geographical and climatic 

diversity are desirable traits for the test 

site location. The FAA believes that in 

addition to these traits, there are other 

important factors affecting siting. These 

include proximity to potential users and 

availability of a suitable ground or air 

transportation network. Are there other 

siting characteristics of this nature that 

should be considered? 

(F) The FAA believes that all UAS test 

site operators should be able and willing 

to demonstrate their ability and 

experience in conducting UAS 

operations and research. Methods that 

test site operators can use for that 

include: providing a detailed plan of 

operations (safety case, business case, 

etc.); demonstrating experience in 

managing and oversight of research and 

development (R&D) activities; and 

demonstrating the ability to mitigate 

technical and operational risk. Test site 

operators will also be responsible for 

ensuring that approval for use of any 

necessary frequency spectrum or 

transmit authority has been obtained. 

Are there other test site operator 

requirements that should be considered? 

(G) The FAA is considering utilizing 

the requirements contained in 14 CFR 

91.305, ‘‘No person may flight test an 

aircraft except over open water, or 

sparsely populated areas, having light 

air traffic.’’ The FAA also published an 

update to Order 8130.34A (currently 

Rev B) in November 2011, which 

includes language specific to flight test 

areas for experimental airworthiness 

operations. Should the FAA apply these 

same requirements to those seeking a 

UAS test site designation? 

(H) The FAA must define the airspace 

volume that is associated with the test 

range. How should airspace volume 

associated with test ranges be defined? 

Additionally, the FAA must assess the 

impact on NAS operational efficiency. 

How should impact to NAS efficiency 

be assessed? 

IV. Conclusion 

The FAA intends to utilize public 

comments to meet the requirements 

spelled out in NDAA (H.R. 1540) SEC 

1097 UNMANNED AERIAL SYSTEMS 

AND NATIONAL AIRSPACE (a)–(d). 

Issued in Washington, DC, on March 5, 

2012. 

John M. Allen, 

Director, Flight Standards Service. 

[FR Doc. 2012–5735 Filed 3–7–12; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–110980–10] 

RIN 1545–BJ55 

Modifications to Minimum Present 

Value Requirements for Partial Annuity 

Distribution Options Under Defined 

Benefit Pension Plans; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendments. 

SUMMARY: This document contains a 

correction to the notice of proposed 

rulemaking and notice of public hearing 

(REG–110980–10) that was published in 

the Federal Register on Friday, 

February 3, 2012 (77 FR 5454), 

providing guidance relating to the 

minimum present value requirements 

applicable to certain defined benefit 

pension plans. 

DATES: This correction is effective on 

March 9, 2012 and is applicable on 

February 3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Peter J. Marks or Linda S.F. Marshall at 

(202) 622–6090 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of public hearing that are the 

subject of this correcting amendment are 

under sections 401 and 417 of the 

Internal Revenue Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of public hearing 

(REG–110980–10) contain an error that 

may prove to be misleading and is in 

need of clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendment: 

PART 1—INCOME TAXES 

Paragraph 1. The authority citation 

for part 1 continues to read, in part, as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Par. 2. Section 1.417(e)–1 is amended 

by: 

Revising the last sentence of 

paragraph (d)(7)(vi), Example 5 (i) to 

read as follows: 

§ 1.417(e)–1 Restrictions and valuations of 

distributions from plans subject to sections 

401(a)(11) and 417. 

* * * * * 

(d) * * * 

(7) * * * 

(vi) * * * 

Example (5) * * * 

(i) * * * Participating X elects to receive 

$15,000 of the current hypothetical account 

balance in the form of a single sum and to 

receive the remainder of the total accrued 

benefit as a life annuity. 

* * * * * 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2012–5715 Filed 3–8–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0041] 

RIN 1625–AA00 

Safety Zone; Myrtle Beach Triathlon, 

Atlantic Intracoastal Waterway, Myrtle 

Beach, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

Atlantic Intracoastal Waterway in 

Myrtle Beach, South Carolina during the 

Myrtle Beach Triathlon. The Myrtle 

Beach Triathlon, which is comprised of 

a series of triathlon races, is scheduled 

to take place on Saturday, October 13, 

2012. The temporary safety zone is 

necessary for the safety of race 

participants, participant vessels, 

spectators, and the general public 

during the swim portions of the 

triathlon races. Persons and vessels 

would be prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 15, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before May 20, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0041 using any one of the 

following methods: 


sroberts on DSK5SPTVN1PROD with PROPOSALS