Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules 12259 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Brazilian 

Airworthiness Directives 2012–03–03 and 

2012–03–04, dated April 13, 2012; and the 

service information specified in paragraphs 

(i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD; for 

related information. 

(i) Embraer Service Bulletin 170–53–0093, 

Revision 01, dated March 16, 2012. 

(ii) Embraer Service Bulletin 190–53–0054, 

Revision 01, dated March 16, 2012. 

(iii) Embraer Service Bulletin 190LIN–53– 

0059, Revision 01, dated March 16, 2012. 

(2) For service information identified in 

this AD, contact Embraer S.A., Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone 

+55 12 3927–5852 or +55 12 3309–0732; fax 

+55 12 3927–7546; email 

distrib@embraer.com.br; Internet http:// 

www.flyembraer.com. You may review copies 

of the referenced service information at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on February 

11, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–04045 Filed 2–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No.: FAA–2013–0061] 

Unmanned Aircraft System Test Site 

Program 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of availability; request 

for comments 

SUMMARY: On February 14, 2012, 

Congress mandated that the FAA, 

coordinating with the National 

Aeronautics and Space Administration 

and the Department of Defense, develop 

a test site program for the integration of 

unmanned aircraft systems in to the 

National Airspace System. The overall 

purpose of this test site program is to 

develop a body of data and operational 

experiences to inform integration and 

the safe operation of these aircraft in the 

National Airspace System. This 

proposed rule announces the process by 

which the FAA will select the test sites 

for the program and also solicits 

comments on the FAA’s proposed 

approach for addressing the privacy 

questions raised by the public and 

Congress with regard to the operation of 

unmanned aircraft systems within the 

test site program. 

DATES: The FAA values the input of the 

public and requests comment regarding 

the privacy approach discussed in this 

Notice. Please send your comments on 

or before April 23, 2013. 

Once the public has had a chance to 

review the proposed privacy policy 

requirements to be levied on the 

Unmanned Aircraft Systems Test Site 

operators, but prior to the close of the 

comment period, the FAA will 

participate in a webinar to solicit 

comments from the public and 

interested stakeholders regarding the 

proposed privacy approach for the 

unmanned aircraft systems test site 

program. The FAA will publish a notice 

providing details (including the date 

and time) for the engagement session 

sufficiently in advance of the meeting to 

facilitate broad participation. 

ADDRESSES: You may send comments 

identified by Docket No: FAA–2013– 

0061 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 (DOT), 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 

docket, 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 the 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: For 

technical questions concerning the test 

site program, contact Elizabeth Soltys, 

Unmanned Aircraft Systems Integration 

Office, Federal Aviation Administration, 

800 Independence Avenue SW., 

Washington, DC 20591; email: 9-ACTUASTSS@faa.gov. 

For questions concerning the FAA’s 

proposed approach for addressing 

potential UAS privacy concerns, as set 

out herein, contact Gregory C. Carter, 

Office of the Chief Counsel, Federal 

Aviation Administration, 800 

Independence Ave. SW., Washington, 

DC 20591; email: 9-AGCUASPrivacy@faa.gov. 

Background 

On February 14, 2012, the President 

signed the FAA Modernization and 

Reform Act, Public Law 112–95 (FMRA) 

into law. The statute contains a number 

of provisions pertaining to integration of 

unmanned aircraft systems (UAS) into 

the National Airspace System (NAS). To 

assist the agency in integrating UAS, 

section 332(c) of FMRA directs the FAA, 

in coordination with the National 

Aeronautics and Space Administration 

(NASA) and the Department of Defense 

(DoD), to develop a UAS test site 

program for purposes of gathering safety 

and technical information relevant to 

the safe and efficient integration of UAS 

into the NAS. Under the test site 

program, the FAA will select six test 

ranges, taking into consideration factors 

such as geographic and climatic 

diversity, as well as the location of 

necessary ground infrastructure to 

support the sites, and research needs. 

The FAA has developed the UAS test 

site program with the input of the 

public. The FAA began an outreach 

effort to gather input on the criteria and 

processes the FAA should use to select 

the test sites. In March 2012, the FAA 

posted a Request for Comments (RFC) in 

the Federal Register [Docket No. FAA– 

2012–0252] and in April 2012, the FAA 

hosted two public webinars to interact 

directly with the public. This outreach 

effort informed the agency in 

developing its plan for designating the 

sites. 

Based on the feedback received 

through this outreach effort, the FAA is 

using its Acquisition Management 

System (AMS) to solicit applications 

from entities interested in operating a 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
12260 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Proposed Rules 

UAS test site. This system is the 

common process the FAA uses to obtain 

information, evaluate interested parties, 

and select successful providers for 

procurement matters. Although no 

federal funds will be distributed to the 

selected test site operators for the 

operation of these test sites (and 

selection of sites is not a procurement 

action), the FAA has determined that 

using this well-established system and 

process will ensure fair consideration of 

all applications and rigorous oversight 

of the selection process. 

For individuals interested in 

submitting an application to operate a 

UAS test site, the FAA has published a 

Screening Information Request (SIR), 

which is also known as a Request for 

Proposals, or RFP, in other federal 

agencies. The SIR (and amendments, if 

any) is available on the FAA Contracting 

Opportunities Web site (http:// 

faaco.faa.gov). Additional information 

about this SIR process and criteria for 

selecting the six test sites is contained 

within the SIR document itself. In order 

to be considered for selection, 

completed responses must be submitted 

via the FAA Contracting Opportunities 

Web site by the dates set out in the SIR. 

Once the FAA has conducted and 

completed its consideration of the 

submissions, and the Administrator has 

issued an Order designating each 

successful applicant as a test site 

operator, each operator will be required 

to enter into an Other Transaction 

Agreement (OTA) with the FAA. Each 

OTA will set out the legally binding 

terms and conditions under which the 

entity will operate the UAS Test Site. 

The draft OTA is available for review 

via the FAA Contracting Opportunities 

Web site listed above. Before OTA 

parameters and reporting requirements 

are finalized, FAA will consider 

comments submitted as a result of this 

Federal Register Notice. 

While the expanded use of UAS 

presents great opportunities, it also 

presents significant challenges as UAS 

are inherently different from manned 

aircraft. The UAS test site program will 

help the FAA gain a better 

understanding of operational issues, 

such as training requirements, 

operational specifications, and 

technology considerations, which are 

primary areas of concern with regard to 

our chief mission, which is ensuring the 

safety and efficiency of the entire 

aviation system. The FAA also 

acknowledges that the integration of 

UAS in domestic airspace raises privacy 

issues, which the FAA intends to 

address through engagement and 

collaboration with the public. To 

address privacy concerns relating to the 

operation of the test site program, the 

FAA intends to include in each final 

OTA privacy requirements applicable to 

all operations at a test site. This notice 

is specifically requesting comments on 

those potential privacy considerations, 

associated reporting requirements, and 

how the FAA can help ensure privacy 

considerations are addressed through 

mechanisms put in place as a result of 

the OTAs. 

The proposed privacy requirements 

set forth in Article three of the DRAFT 

OTA are as follows: 

(1) The Site Operator must ensure that 

there are privacy policies governing all 

activities conducted under the OTA, 

including the operation and relevant 

activities of the UASs authorized by the 

Site Operator. Such privacy policies 

must be available publically, and the 

Site Operator must have a mechanism to 

receive and consider comments on its 

privacy policies. In addition, these 

policies should be informed by Fair 

Information Practice Principles. The 

privacy policies should be updated as 

necessary to remain operationally 

current and effective. The Site Operator 

must ensure the requirements of this 

paragraph are applied to all operations 

conducted under the OTA. 

(2) The Site Operator and its team 

members are required to operate in 

accordance with Federal, state, and 

other laws regarding the protection of an 

individual’s right to privacy. Should 

criminal or civil charges be filed by the 

U.S. Department of Justice or a state’s 

law enforcement authority over a 

potential violation of such laws, the 

FAA may take appropriate action, 

including suspending or modifying the 

relevant operational authority (e.g., 

Certificate of Operation, or OTA), until 

the proceedings are completed. If the 

proceedings demonstrate the operation 

was in violation of the law, the FAA 

may terminate the relevant operational 

authority. 

(3) If over the lifetime of this 

Agreement, any legislation or 

regulation, which may have an impact 

on UAS or to the privacy interests of 

entities affected by any operation of any 

UAS operating at the Test Site, is 

enacted or otherwise effectuated, such 

legislation or regulation will be 

applicable to the OTA and the FAA may 

update or amend the OTA to reflect 

these changes. 

(4) Transmission of data from the Site 

Operator to the FAA or its designee 

must only include those data listed in 

Appendix B to the OTA. (Appendix B 

to the OTA is available as part of the SIR 

at http://faaco.faa.gov.) 

The FAA anticipates that test site 

operator privacy practices as discussed 

in their privacy policies will help 

inform the dialogue among 

policymakers, privacy advocates, and 

the industry regarding broader questions 

concerning the use of UAS technologies. 

The privacy requirements proposed here 

are specifically designed for the 

operation of the UAS Test Sites. They 

are not intended to pre-determine the 

long-term policy and regulatory 

framework under which commercial 

UASs would operate. Rather, they aim 

to assure maximum transparency of 

privacy policies associated with UAS 

test site operations in order to engage all 

stakeholders in discussion about which 

privacy issues are raised by UAS 

operations and how law, public policy, 

and the industry practices should 

respond to those issues in the long run. 

Issued in Washington, DC on February 14, 

2013. 

Kathryn B. Thomson, 

Chief Counsel, Federal Aviation 

Administration. 

[FR Doc. 2013–03897 Filed 2–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0876] 

RIN 1625–AA11 

Regulated Navigation Area— 

Weymouth Fore River, Fore River 

Bridge Construction, Weymouth and 

Quincy, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a regulated navigation area 

(RNA) on the navigable waters of 

Weymouth Fore River under and 

surrounding the Fore River Bridge (Mile 

3.5) between Weymouth and Quincy, 

MA until December 31, 2017. This 

proposed rule would allow the Coast 

Guard to enforce speed and wake 

restrictions and prohibit all vessel traffic 

through the RNA during bridge 

replacement operations, both planned 

and unforeseen, that could pose an 

imminent hazard to persons and vessels 

operating in the area. This rule is 

necessary to provide for the safety of life 

in the regulated area during the 

construction of the Fore River Bridge. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 23, 2013. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1