AMA in Action - 2012/07

On February 14, President
Barack Obama signed the FAA
Modernization and Reform
Act, which is now Public Law 112-95.
Contained in this law is language that
instructs the FAA Administrator not to
enact rules affecting model aircraft activity
conducted within the safety programming
of a nationwide, community-based
organization.
This provision has generated a fair
amount of discussion as to what is
meant by the term “community-based
organization.” In the joint legislative
Conference Committee’s report,
contained within the bill, a nationwide,
community-based organization is
described as:
“… 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.”
There is no doubt the AMA meets this
description. Congress’s recognition of
cas an effective means of managing
the aeromodeling activity is largely
because of the excellent safety record
achieved by AMA’s 75-year program of
voluntary compliance with a simple and
comprehensible AMA Safety Code.
Congress’s con dence in communitybased
safety programming is not
necessarily shared by the FAA. Early
discussions with representatives of the
Unmanned Aircraft Program Of ce
(UAPO) regarding the bill suggest
their continued belief that regulation
is necessary to manage the threat FAA
perceives model
aircraft pose
to the national
airspace, and
their intent
to regulate
model aviation
in accordance
with the
responsibility
and authority
granted
the agency
under Title 49 of the US Code. AMA
continues to pursue this issue and will do
everything in its power to ensure that the
model aviation provision in Public Law
112-95 is enacted and the congressional
intent behind the law is adhered to.
I can’t stress enough how important
it is that AMA members continue to
validate the strength and effectiveness of
our community-based programommunity-based safety programming
through unwavering compliance with
the AMA Safety Code and related
programs. Please ensure that all of
your aeromodeling activities are in
compliance with the AMA Safety Code
and are conducted as safely as possible.
Ensure that your fellow modelers
are aware of relevant safety criteria and
bring any unaddressed safety concerns to
the attention of your club safety of cer
or  ying site authority.
The question of the day continues to
be: “When will FAA’s proposed small
Unmanned Aircraft Systems (sUAS) rule
be released for public comment?”
The best answer we’ve gotten from
FAA’s UAPO is that it’s anybody’s
guess. The April 2012 report on the
U.S. Department of Transportation’s
website still lists July 23, 2012, as the
projected publication date; however,
there is no clear indication that the rule
has been sent
to the Of ce of
Management
and Budget,
which is the
last stop in the
review process.
Individuals close
to the process
indicate there
is a push to get
the rule out by
the end of June,
while others speculate it could be held
until after the presidential election.
In any case, the sUAS Notice of
Proposed Rulemaking (NPRM) remains
on the horizon and is still a signi cant
issue for the modeling community. Make
sure everyone you know is aware of
the impending regulation, and ensure
everyone who shares our love for this
hobby is well informed and participates
in the response to the proposed sUAS
rule when the NPRM is published.
Timely updates regarding the sUAS
rulemaking can also be found on
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Twitter at <Twitter.com/AMAGov