AMA in Action-2011/11

NPRM UPDATE
We are now just weeks away from the publication
of the FAA Notice of Proposed Rulemaking (NPRM)
for small Unmanned Aircraft Systems (sUAS).
Assuming the rulemaking process remains on track,
the FAA has targeted mid-December 2011, for the
release of its proposed sUAS rule. It is
extremely important that every AMA
member, modeler and aeromodeling
enthusiast understands the NPRM process and
participates in the public comment period.
An NPRM is a formal notice to the public
by a government agency—in this case the
FAA—stating its intent to create new
regulations or modify already existing regulations.
The NPRM procedure is required and defined by the
Administrative Procedure Act and was created by
Congress to require agencies such as the FAA to
listen to comments and concerns of the people whom
the regulation will likely affect.
The NPRM is published in the Federal Register
and typically provides 60 to 90 days for public
comment and replies from any interested party. An
NPRM may be followed by a further notice of
proposed rulemaking (FNPRM), if the comments
from the initial NPRM drastically change the
proposal to the point where further comment is
required.
The NPRM will include a summary of the
proposed rule, the scope of the regulation, and the
exact regulatory language that is being proposed. It
will also include the time period and the means for
public comment. Comments may be submitted
electronically, mailed, hand-delivered, or faxed.
Will your comments make a difference?
Absolutely! Individual opinions on this will vary
significantly; however, one thing is for sure: nothing
will change unless we make our views known.
Every comment received will be read and
addressed. Comments will be broken down by the
section of the regulation to which they apply and will
be grouped with similar issues and concerns. A
response will be drafted for each issue and the FAA
rationale and response to the comments will be
published in the Final Rule.
The proposed sUAS rule is new regulation—
regulation that will have a broad and sweeping impact
on the aviation community and will literally change our
world. The NPRM will engender thousands—if not
hundreds of thousands—of comments from stakeholders
on all sides of the issue. In order to ensure our views
prevail, we will need a strong unified voice.
During our recent Congressional Awareness
campaign, nearly 30,000 individuals sent letters of
concern to their congressional delegation—a substantial
response. However, we are going to need three or four
times that number if we’re going to affect changes and
improvements to the proposed rule.
AMA is working toward providing its members a
simple and effective means for responding to the NPRM.
It will also provide analysis and commentary on the
impact of the proposed rule and suggestions for
improving the rule before the sUAS Final Rule is
published in late 2012.
It is more important than ever that the AMA
membership become well-informed and vigilant in
keeping abreast of the sUAS issue as the rulemaking
process unfolds. Timely updates can be found on the
AMA website at www.modelaircraft.org, on Facebook
by “Liking” AMAGov, and on Twitter at
Twitter.com/AMAGov. MA
—Rich Hanson
Government and Regulatory Affairs