Edition: Model Aviation - 2017/11
Page Numbers: 14

Continuing resolution from Congress

In Washington, D.C., AMA continues to work with Congress to ensure that our hobby is protected during the FAA reauthorization.

At this time, it is likely that Congress will defer any substantive decision making on FAA reauthorization until 2018 by passing a continuing resolution. This means that Section 336, which is part of the FAA reauthorization, will maintain the status quo for a little longer, giving us more time to emphasize to lawmakers and their staff the importance of protecting this great hobby.

As you might recall, AMA helped shape and pass Section 336, sometimes referred to as the Special Rule for Model Aircraft, into law in 2012. The Special Rule is important to our members because it directs the FAA to allow community-based organizations (CBOs), such as AMA, to continue managing our group of hobbyists as we have safely done for the past 80 years.

This year, we proposed amendments to strengthen and improve Section 336. The House version of the FAA reauthorization bill provides a clear definition of a CBO and tasks the FAA with developing a process for recognizing CBOs. Both are items that we asked the House to include. Additionally, the bill expands the protections of the Special Rule to allow model aircraft to be used as a teaching tool for Science, Technology, Engineering and Math (STEM), as well as aeronautics.

The Senate version of the FAA reauthorization bill also includes many of our requests, but still needs refinement. We believe it is important that the Senate adopt language, similar to that of the House version, to define and to create a path to identify CBOs. However, we are glad that the Senate included the Special Rule for Model Aircraft and created provisions for CBOs.

The Senate bill also adopted our language on FPV operations and directed the FAA to prioritize educational efforts such as the Know Before You Fly campaign, a program that AMA helped create in 2014.

Although it is unlikely that there will be any movement on FAA authorization or Section 336 in 2017, we will continue to work with Congress on these and other issues, such as improving the airport notification process. I encourage you to visit www.modelaircraft.org/gov to read more about this legislative process.

History of Section 336

People often assume that Section 336 is a new concept, and this couldn’t be further from the truth. The US federal government has looked to AMA to manage its community’s operations in the airspace since long before the FAA was founded.

One example of the federal government looking to AMA to manage recreational operations was in 1937, one year after AMA’s founding. In 1937, Registrar Frank Goodwin, of Massachusetts, created a rule that would ground many gas-powered model aircraft operations. Soon after, the Connecticut Commissioner of Aeronautics issued a similar regulation.

AMA and other stakeholders petitioned the state governments and eventually the US federal government to reverse these decisions. At the time, the U.S. Department of Commerce had authority over the airspace through the 1926 Air Commerce Act (again, remember that the FAA didn’t yet exist).

A delegation from the U.S. Department of Commerce was brought to the 1937 National Aeromodeling Championships. The contest was managed by the AMA. After observing the event, the U.S. Department of Commerce concluded that AMA was effectively managing its community of pilots and stated, “… gas models should not be banned and that restrictions placed upon the flying of gas jobs by the contestants themselves at the present time were sufficient.”

This approach to allowing CBOs to manage their own operations in US airspace continued for 75 years and eventually evolved into Public Law 112-95 under Section 336—the Special Rule for Model Aircraft.

Disaster Relief

Following the devastation of Hurricane Harvey and Hurricane Irma, AMA has been in conversations with the emergency medical services (EMS), the Unmanned Safety Team, and the FAA on how to properly leverage UAS during natural disasters. Although Temporary Flight Restrictions (TFRs) are often in place to protect emergency-response workers, we believe that if properly managed, UAS can be helpful with disaster relief efforts.

As we work with these entities, we will share updates and guidance on how to safely use model aircraft in emergency operations. For now, if there is a disaster in your area, you should remain grounded to keep the airspace free for recovery efforts, unless you are directly part of the emergency response team or have approval from the FAA.

I encourage you to be proactive, especially if you have an interest in helping in your community should there be a disaster. Don’t wait for a catastrophe. Start forging relationships with your local EMS now—before a time of crisis.

Share the benefits of model aviation. Gauge their interest in UAS/model aviation operations and learn how you can fit into its program or Certificate of Authorization. This way, if there is a disaster in your area, you will already have been vetted and know the procedure to safely operate directly with EMS.

—Chad Budreau
Public Relations & Government Affairs Director
chadb@modelaircraft.org