Success with the FAA
View from HQ by Dave Mathewson, AMA Executive Director
It’s been a busy and successful last few months on the legislative and regulatory front for AMA and model aviation.
In 2008, the FAA began its work to create regulations for the use of sUAS in the airspace system. By definition, a model aircraft is an sUAS. The process began with the creation of an Aviation Rulemaking Committee, composed of individuals within the aviation community as well as others from within the Department of Justice, the law enforcement community, educational institutions, and others. AMA had a seat on this committee.
The committee was charged to suggest recommendations that the FAA would then use to draft the new rule. The original plan was to vet the proposed rule as a Notice of Proposed Rulemaking with a final rule expected to be released in 2011.
Although nearly five years late, the FAA released the final rule in mid-June of this year, with an effective date of August 29, 2016.
The new sUAS rule contains good news for recreational model aviators. The rule spells out requirements that must be met to fly sUAS commercially in the airspace. The good news is that the rule also exempts recreational users operating within the Special Rule for Model Aircraft (the AMA amendment) contained in the 2012 FAA Modernization and Reform Act from these requirements.
When AMA became engaged in this process, its goal was to “regulate model aircraft by exempting it from regulation.” That goal has been met. It’s important to point out, however, that the rule does not absolve recreational users from having to operate safely in the airspace. The FAA still has the authority to take enforcement action against anyone—including recreational enthusiasts—who creates an eminent threat to other users of the airspace.
Every user of the airspace, including recreational users, has a responsibility to fly safely.
AMA has worked diligently with Congress concerning the new FAA reauthorization bill. If you’ve been following our progress, you’ll know that AMA had serious concerns about the provisions outlined for recreational sUAS users in the Senate version of the bill. The House version is more favorable to our members. The Senate passed its version of the bill in June, but debate on the House version of the bill was delayed. The result was that a combined vote on the new bill was passed as an extension until September 2017.
The good news for AMA members is that the extension maintains the provisions outlined in the Special Rule for Model Aircraft. This means we maintain the status quo for the next year or so, while we continue to work with Congress to ensure the best outcome for our members after the bill moves past the extension stage.
In mid-July AMA received a letter from the FAA clarifying the 400-foot rule as it applies to AMA members. Quoting from the letter, “… the 400 foot altitude limit is recommended and not a requirement of Section 336 (the Special Rule for Model Aircraft). Model aircraft may be flown consistently with Section 336 and agency guidelines at altitudes above 400 feet when following a community-based organization’s safety guidelines.”
This provides clarification and relief, especially for our members engaged in disciplines such as Soaring, turbine-powered models, International Miniature Aerobatic Club, and RC Precision Aerobatics.
The letter went on to say, “Community-based organizations such as the Academy of Model Aeronautics, may establish altitude limits in their safety guidelines that exceed the FAA’s 400 foot AGL [Above Ground Level] altitude recommendation.” This is important because it is an acknowledgement by the FAA that it recognizes AMA as a community-based organization, something we have been working toward for quite some time.
Again, it’s significant to point out that even with this provision, it’s important that our members follow our guidelines, including our see-and-avoid guidance when operating in the airspace. Every user of the airspace, including recreational users, has a responsibility to fly safely.
Even with our recent successes, there’s more work to be done. We’re still discussing with the FAA about making AMA membership an alternative means of compliance to the FAA’s registration requirement. Talks are ongoing and we hope for a favorable outcome. Then we’ll regroup and pick up where we left off with the FAA reauthorization bill.
Our government relations team is giving 150% to these efforts and is committed to ensuring a favorable outcome for all of us.
See you next time …
