AMA ALERT: RESPONSE NEEDED to FAA Model Aircraft Rule

Dear AAM Members,

Hopefully by now you have received an email from AMA or have visited the AMA website to learn about the FAA’s recent “Interpretation of the Special Rule for Model Aircraft” as it pertains to “FAA Modernization and Reform Act of 2012.”

It is extremely important that every single one of us respond to the FAA’s interpretation because of its highly aggressive approach and potential detriment to our hobby.  The response deadline is September 23, 2014 so please do not delay.  YOU MUST RESPOND!!

There are 4 ways to respond (please see details below), but easiest way by far is via email as follows:

Email: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

It is important to respond in a thoughtful and meaningful manner.  Please refer to the following link for: Tips for submitting your comments.

The following Summary of tips are meant to help you submit comments that have an impact and which will help agency policy makers improve federal regulations.

Summary

• Read and understand the regulatory document you are commenting on.
• Feel free to reach out to the agency (or others within AAM) with questions.
• Be concise but support your claims.
• Base your justification on sound reasoning, scientific evidence, and/or how you will be impacted.
• Address trade-offs and opposing views in your comment.
• There is no minimum or maximum length for an effective comment.
• The comment process is not a vote – one well supported comment is often more influential than a thousand form letters.

Additional Documents and Resources

• The “FAA Modernization and Reform Act of 2012” is attached for your reference.  Section 336 of the Act is the special rule which is intended to prohibit the FAA from promulgating any rule or regulation regarding model aircraft.  The reference to a “nationwide community-based Organization” is AMA.
• Remember, AMA has a very successful history (since 1936) of managing of and regulating its members and our hobby with an exemplary safety record.
• Please see additional documents provided by AAM (i.e. AMA’s Concerns).
• Video series by Joe Falconer:
  • Introduction
  • Federal Aviation Regulations
  • FAR Part 2
  • Original Reform Act 2012 Section 336
  • Advisory Circular 91-57
  • Interpretive Rule Part 1
  • Interpretive Rule Part 2

Additional information and interpretation of the FAA’s intent provided by Joe Falconer:

1. Section 336 also prohibits the FAA from promulgating “any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft” if the following statutory requirements are met:
   • The aircraft is flown strictly for hobby or recreational use;
   • The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
   • The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
   • The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and (This is the FAA’s way of leaving room for future changes in dealing with UAVs and the NAS. Notice this has never changed.)
   • When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower…with prior notice of the operation…
2. (AMA) FAA interpretive rule Negates Congress’ intentions:
   • The FAA is stating, “the prohibition against future rulemaking is not a complete bar on rulemaking that may have an effect on model aircraft.” The rulemaking limitation applies only to rulemaking actions specifically “regarding a model aircraft or an aircraft being developed as a model aircraft.”
   • Therefore the rulemaking prohibition would not apply in the case of general rules that the FAA may issue or modify that apply to all aircraft, such as rules addressing the use of airspace for safety or security reasons.
   • The statue does not require FAA to exempt model aircraft from those rules because those rules are not specifically regarding model aircraft.
   • The FAA interprets the section 336 rulemaking prohibition as one that must be evaluated on a rule-by-rule basis.
3. FPV – VLOS:
   • Aircraft must be visible at all times to the operator
   • That the operator must use his or her own natural vision (corrected if needed by standard eyeglasses or contacts)
   • People other than the operator may not be used in lieu of the operator for maintaining visual line of sight.  ***** Under the criteria above, visual line of sight would mean that the operator has an unobstructed view of the model aircraft. *****
   • While the statute would not preclude using an observer to augment the safety of the operation, the operator must be able to view the aircraft at all times.
4. Commercial – Any operation not conducted strictly for hobby or recreation purposes could not be operated under the special rule for model aircraft. Clearly, commercial operations would not be hobby or recreation flights. Likewise, flights that are in furtherance of a business, or incidental to a person’s business, would not be a hobby or recreation flight. Flights conducted incidental to, and within the scope of, a business where no common carriage is involved, generally may operate under FAA’s general operating rules of part 91.

For more information or question, please contact Joe Pirozzoli or Joe Falconer.

Thanks, and please act quickly!