AMA in Action — 2012/04
Congress Acts to Protect Aeromodeling
On Monday, February 6, Congress passed the FAA Modernization and Reform Act of 2012. By a vote of 75 to 20, the U.S. Senate sent the $63 billion, four-year spending bill to the President for his signature. On February 14, 2012, the President signed the bill into law.
This is the first permanent aviation funding bill providing the FAA long-term operating authority since 2007, ending a string of 23 extensions. The bill culminates a nearly five-year effort to develop long-term legislation to update the FAA’s antiquated air traffic control (ATC) structure and install a new GPS-based Next Generation (NextGen) system that will allow greater capacity, efficiency, and safety.
Although very important to aviation and the future of the National Airspace System (NAS), passage of such a bill would not normally be of great significance to the aeromodeling community. However, for the first time in the history of model aviation, Congress has acted to protect model aircraft from burdensome regulation.
The FAA Air Transportation Modernization and Safety Improvement Act includes a specific provision that recognizes the effectiveness of community-based safety programming for hobby and recreational model aircraft, and instructs the FAA Administrator not to enact regulations affecting model aircraft operations occurring under a safety program such as AMA’s.
The bill spells out minimum safety criteria, which mandate that model aircraft be operated in a manner that does not interfere with, and gives way to, manned aircraft. The bill also establishes criteria for operating in proximity (within five miles) to airports, which require contacting the airport and ATC where applicable prior to flight, and establishing mutually agreed-upon operating procedures for permanent flying locations.
Passage of the model aviation provision in the FAA reauthorization bill is a monumental achievement for the hobby and for the Academy of Model Aeronautics. It is, at least in part, the fulfillment of AMA’s commitment to advocate for its members and the aeromodeling community, and for the first time gives footing for model aviation in its interaction with the federal regulators. Although it may only be one bite of the apple, it is a significant step forward.
As good as this news may be, it does not indicate that model aviation is totally exempt from regulation. Congress’s action made clear that the model aircraft provision does not limit the authority of the FAA to pursue enforcement action against persons who endanger the safety of the NAS by operating model aircraft.
AMA recognizes that the FAA is tasked with maintaining the safety of the NAS and the Academy will seek to work cooperatively with the FAA in establishing mutually agreed-upon operating procedures for model aircraft activity within the NAS.
So, what does this mean for the proposed small Unmanned Aircraft Systems (sUAS) rule? There are still many unanswered questions regarding the implications of the model aircraft provision in the FAA reauthorization bill, and it will take some time to iron out the details. It may be several weeks, if not a few months, before we have a clear understanding of how the bill will be enacted.
The Notice of Proposed Rulemaking (NPRM) for the sUAS rule will likely come out as previously proposed, if for no other reason than it’s much too late in the rulemaking process to make substantial changes. Any changes necessary to enact the model aircraft provision in the bill will likely occur when the FAA goes back to the drawing board and crafts the final sUAS rule.
If the sUAS NPRM has not been published by the time you read this, it’s only a matter of time before it is released. Although Congress has given us a leg up in the process, attention to the proposed rule is no less important than it was before. The most current information regarding the NPRM can be found on the AMA website. When the rule is published, the AMA will provide guidance and information on how to respond to the call for public comment.
Please make sure that everyone you know is aware of the impending regulation, and ensure that everyone who shares our love for this hobby is well informed and participates in the response to the proposed sUAS rule. Timely updates regarding the sUAS rulemaking can also be found on Facebook by liking "AMAGov" and on Twitter at Twitter.com/AMAGov.
— Rich Hanson Government and Regulatory Affairs
FAA Modernization and Reform Act of 2012
Senate Bill, Section 607(g)
…exempts most model airplanes used for recreational or academic use from any UAS regulations established by the FAA.
Conference Committee Report
The Senate bill with modifications: language including model aircraft for the purposes of sports, competitions, and academic purposes is removed and replaced with "hobby." The modified section includes language requiring that the model aircraft must be operated in a manner that does not interfere with and gives way to all manned aircraft.
In addition, the modified language requires that model aircraft flown within five miles of an airport will give prior notification to the airport and the air traffic control (ATC), and that model aircraft flown consistently within five miles of ATC will do so under standing agreements with the airports and ATC. Lastly, language is added to ensure that nothing in this provision will interfere with the Administrator's authority to pursue enforcement action against persons operating model aircraft who endanger the safety of the National Airspace System.
In this section the term "nationwide community-based organization" is intended to mean a membership-based association that:
- represents the aeromodeling community within the United States;
- provides its members a comprehensive set of safety guidelines that underscore safe aeromodeling operations within the National Airspace System and the protection and safety of the general public on the ground;
- develops and maintains mutually supportive programming with educational institutions, government entities, and other aviation associations; and
- acts as a liaison with government agencies as an advocate for its members.
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) In General. Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
- the aircraft is flown strictly for hobby or recreational use; and
- the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization
Transcribed from original scans by AI. Minor OCR errors may remain.
