AMA in Action-2012/04

14 Model Aviation April 2012 www.ModelAviation.com
AMAi n Action Advocating for Members
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 longterm
operating authority since 2007,
ending a string of 23 extensions. This
bill culminates in a nearly five-year
effort to develop long-term legislation
to deal with updating 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 (5 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, this
does not indicate that model aviation
is totally exempt from regulation.
Congress’s action made it 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 any substantial changes. Any
changes necessary to enact the model
Congress Acts to Protect Aeromodeling
We Did It, Thanks to You!
“AMA acted and Congress listened. Without the
concerted effort of our government relations team and, as
importantly, the 90,000-plus letters sent to Congress last
year by AMA members, Congress may not have protected
model aviation from FAA restrictions. But it did and we
are thankful.
“This is a major victory for AMA, aeromodeling, and
common sense! Thank you all for your efforts and your
continued vigilance.”
—Bob Brown
AMA President
www.ModelAviation.com April 2012 Model Aviation 15
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
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, language that 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 that
are flown consistently within five miles
of the ATC will do so under standing
agreements with the airports and ATC.
Lastly, language is added that will
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 underscores 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–
(1) the aircraft is flown strictly for
hobby or recreational use;
(2) the aircraft is operated in
accordance with a community-based
set of safety guidelines and within
the programming of a nationwide
community-based organization;
(3) 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;
(4) the aircraft is operated in a manner
that does not interfere with and gives
way to any manned aircraft; and
(5) when flown within 5 miles of an
airport, the operator of the aircraft
provides the airport operator and
the airport air traffic control tower
(when an air traffic facility is located
at the airport) with prior notice of the
operation (model aircraft operators
flying from a permanent location
within 5 miles of an airport should
establish a mutually agreed upon
operating procedure with the airport
operator and the airport air traffic
control tower [when an air traffic
facility is located at the airport]).
(b) Statutory Construction. Nothing in
this section shall be construed to limit
the authority of the Administrator to
pursue enforcement action against
persons operating model aircraft who
endanger the safety of the national
airspace system.
(c) Model Aircraft Defined. In this
section, the term “model aircraft”
means an unmanned aircraft that is–
(1) capable of sustained flight in the
atmosphere;
(2) flown within visual line of sight of
the person operating the aircraft; and
(3) flown for hobby or recreational
purposes.
Read Bob Brown’s column concerning this
subject, on page 6 of this issue.
Please make sure AMA has your email
on file for future, quick, and cost-effective
communications. Go to www.modelaircraft.org
and sign into your account to update your
profile today! If you are not registered, please
sign up today.
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