[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Proposed Rules]
[Pages 18932-18933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07280]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2013-0061]


Public Meeting: Unmanned Aircraft Systems Test Site Program; 
Privacy Approach

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of public engagement session.

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SUMMARY: The FAA will be holding a public engagement session on 
Wednesday, April 3, 2013, on the proposed privacy policy approach for 
the unmanned aircraft systems (UAS) test site program. The FAA is 
seeking the views from the public with respect to proposed privacy 
language to be included in agreements with each test site operator.

DATES: The session will be held via teleconference on Wednesday, April 
3, 2013, beginning at 12 noon Eastern Daylight Savings Time and ending 
no later than 2 p.m. Eastern Daylight Savings Time.

FOR FURTHER INFORMATION CONTACT: Gregory C. Carter, Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Ave. SW., 
Washington, DC 20591; email: 9-AGC-UASPrivacy@faa.gov.

SUPPLEMENTARY INFORMATION: This document is a follow-on to a Notice of 
availability and request for comments published in the Federal Register 
on February 22, 2013 (78 FR 12259), Docket No. FAA-2013-0061. In that 
document, the agency described its proposed privacy plan for the UAS 
test site program and requested comments on that proposal. The agency 
also stated that it would provide details (including the date and time) 
for the engagement session sufficiently in advance of the meeting to 
facilitate broad participation. This document provides those details. 
The agency will post information on how to register for the public 
meeting at http://www.faa.gov/about/initiatives/uas/ when all details 
are finalized. This Web site will also provide instructions on how to 
participate in the engagement session.
    As to the meeting itself, the FAA will provide an overview of the 
FAA's UAS Test Site Program (including Section 322 (c) of the FAA's 
Reform and Modernization Act of 2012) and the proposed privacy plan. 
The agency may also invite short statements from one to two 
representatives from advocacy interest groups and the UAS industry. 
After the introductory statements and overview, the FAA will take 
comments from participants regarding the agency's proposed privacy plan 
that would apply to each UAS test site selected under the program. At 
some later time, after considering comments made during the engagement 
session as well as comments received during the comment period, FAA 
will notify the public about any further action the agency intends to 
take.
    Background: 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. On 
Friday, February 22, 2013, the FAA published in the Federal Register a 
Notice of availability and request for comment soliciting 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 (78 FR 12259).
    The proposed privacy requirements for which comments are requested 
are as follows:
    (1) The Site Operator must ensure that there are privacy policies 
governing all activities conducted under the OTA [Other Transaction 
Agreement], 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

[[Page 18933]]

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 [Screening 
Information Request] 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 March 21, 2013.
Nathan Tash,
Assistant Chief Counsel, Acquisition and Fiscal Law Division, Federal 
Aviation Administration.
[FR Doc. 2013-07280 Filed 3-27-13; 8:45 am]
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