AMA in Action - 2012/07
Will FAA’s proposed rules still require regulations for AMA?
On February 14, President Barack Obama signed the FAA Modernization and Reform Act, 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 community-based safety programming as an effective means of managing 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 confidence in community-based safety programming is not necessarily shared by the FAA. Early discussions with representatives of the Unmanned Aircraft Program Office (UAPO) regarding the bill suggest their continued belief that regulation is necessary to manage the threat the 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 U.S. 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 program 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 officer or flying site authority.
The question of the day continues to be: “When will the FAA’s proposed small Unmanned Aircraft Systems (sUAS) rule be released for public comment?”
The best answer we’ve gotten from the 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 Office 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 significant 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:
- Facebook: Like AMAGov
- Twitter: twitter.com/AMAGov
—Rich Hanson Government and Regulatory Affairs as of May 14, 2012
Transcribed from original scans by AI. Minor OCR errors may remain.
