Members,

First, I want to thank everyone that participated in the call to action to oppose this legislation.  Unfortunately, and despite our best efforts, President Trump signed the FAA Reauthorization Act of 2018 (“2018 Act”) into law on Oct 5, 2018.  Sad news to be sure, yet according to AMA, our voices were heard loud and clear and AMA is still in negotiations with the FAA as it pertains to certain provisions of the 2018 Act.

How is the 2018 Act different than the legislation that was passed in 2012 (i.e. the “FAA Modernization and Reform Act of 2012)?  Primarily, as it pertains to modelers and hobbyists, the 2018 Act no longer has a “Special Rule for Model Aircraft” (formerly referred to as Section 336).  There are, however, several provisions in the 2018 Act relating to our hobby that were championed by our government affairs team at AMA.  Some of these provisions require continued dialogue and coordination with the FAA.  The provisions, in the 2018 Act, which primarily impact our hobby are contained in Section 349 (please see attached).  One of the most impactful provisions of Section 349 is the rule limiting operation of aircraft to no more than 400 feet above ground level.

Fortunately, according to AMA, there are NO changes that AMA members need to follow immediately.

AMA is telling its members that we should continue to fly in accordance with AMA’s safety guidelines and local club rules, and that existing agreements between AMA clubs and the FAA should continue to be followed.  I would add that neither AAM nor the City of Arvada are in a position or inclined (in any way) to enforce FAA regulations at this time.

The most important take-a-way from all of this is that, for now, we are operating under the same set of AMA guidelines and Club rules that have always been in place.  Of utmost importance to our future, is the continued safe operation of model aircraft according current AMA and Club rules as AMA continues to work cooperatively and diligently with FAA’s leadership in Washington to address the issues that impact our hobby.  

You can learn more about this legislation and the work that AMA is doing with the FAA at this link:

https://www.modelaircraft.org/about-ama/advocacy

Lastly, the end of the year is quickly approaching.  I would like to encourage everyone, especially those of you who have calendar year renewals, to get your AAM and AMA memberships renewed soon.

Best regards and happy holidays,

Joe Pirozzoli, Director Public Relations
Arvada Associated Modelers

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 “Registration and Marking Requirements for Small Unmanned Aircraft” rule and that the AMA has suggested to wait until the FAA registration deadline of February 19, 2016 at the latest to register.  This will give the AMA more time to fight this registration from at least two known fronts: challenging the definition of “aircraft” and working with the FAA to exclude AMA members from the registration. The ultimate goal is to get Congress to throw out the FAA rule on model aircraft registration altogether (impacts all modelers), but in the event that doesn’t work, the hope would be that AMA membership is sufficient registration for the FAA and only non-members would have to comply with this new registration rule. AMA’s public stance is its membership body hasn’t been the problem so they shouldn’t have to be included in the FAA registration.

It is extremely important that every single one of us respond to the FAA’s UAS Registration rule because of its highly aggressive approach and potential detriment to our hobby.  The response deadline is January 15, 2016 so please do not delay.  YOU MUST RESPOND!

There are four ways to respond, but easiest way by far is via email as follows:

Email: Go to http://www.regulations.gov which posts the rule for your review. 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 Resources

• The AMA provided guidance for commenting on the FAA UAS Registration interim rule
• The PDF of the presentation given at the AAM January 2016 club meeting
• Here is an example of a well-written and detailed response for your reference.  Please note, this is not an official position or response by AAM or its Board of Directors.

For more information or questions, please contact any of the AAM board members.

Thank you and please act quickly!

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!