Congress has spoken; did the FAA listen?
FAA's progress toward enacting the Special Rule for Model Aircraft in Public Law 112-95, Sec. 336, has been slow at best. On February 14, 2012, President Barack Obama signed the FAA Modernization and Reform Act of 2012 (H.R. 658). Contained in the bill 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.
Early contact with the FAA
Shortly after the bill was passed, AMA communicated with the manager of the FAA's Unmanned Aircraft Program Office (UAPO) and expressed our interest in working with the UAPO to establish the provisions for enacting and complying with the language and the spirit of H.R. 658.
In a follow-up, the AMA requested that UAPO staff meet with FAA leadership to discuss the model aircraft provision and to work toward establishing the necessary policies and procedures. A response was never received.
The language contained within the FAA reauthorization bill reflects Congress's recognition of community-based safety programming as an effective means of managing aeromodeling activity. This recognition is supported by AMA's 75-year program of voluntary compliance with a simple and comprehensible safety code and the excellent safety record that program has produced.
There are those within the FAA who question this approach and favor a more regulatory tactic through the use of consensus-based, federally accepted and approved operating standards. This has been the UAPO's tack since the Aviation Rulemaking Committee submitted its report to the FAA in 2009.
Organizational changes at the FAA
During the past six to eight months the UAPO has gone through a transition. In March 2012, an executive-level manager, James Williams, was assigned to the operation and the office was officially renamed the Unmanned Aircraft Systems (UAS) Integration Office. The restructuring was intended to bring together specialists from the aviation safety and air traffic organizations and to serve as a one-stop portal for all matters related to civil and public use of unmanned aircraft systems in the National Airspace System (NAS).
Public Law 112-95 puts forward several mandates regarding UAS, and the resources of the UAS Integration Office have been stretched thin in its efforts to address and meet the Congressional directives. AMA recognizes the demands being placed on the office and waited several months before again requesting a meeting with FAA leadership.
September 5 meeting with FAA leadership
In congressional briefings about the UAS mandates, FAA leadership was queried on its progress toward enacting the model aviation provision. Through the urging of congressional staff and with the help of AMA's political liaison, a meeting was finally scheduled for September 5.
Attendees:
- AMA: President Bob Brown, Executive Director Dave Mathewson, and Rich Hanson
- FAA: James Williams, Bill Crozier, and members of the UAS Integration Office staff
Key points presented by AMA:
- PL 112-95 is specific in its approach to managing model aviation and expressly exempts model aviation from regulation provided certain safety criteria are met and the activity is conducted within the auspices of a community-based safety program.
- The new law enables the FAA to "regulate model aircraft by exempting it from regulation and pointing to a community-based safety program."
- AMA provided the FAA with a copy of its comprehensive AMA Safety Program (which is continually adapting to new technologies and guidelines) and asked that it be acknowledged as meeting the congressional intent.
- AMA suggested that a Memorandum of Understanding (MOU) be drawn up recognizing AMA as a community-based organization as described in the law.
Suggested MOU elements:
- Recognition of AMA as a community-based organization under PL 112-95.
- Establishment of criteria for enacting the model aviation provision.
- Creation of a mutually supportive relationship between AMA and the FAA aimed at maintaining safe aeromodeling operations within the NAS.
FAA response:
- Representatives of the UAS Integration Office again expressed concern regarding Congress's approach and reiterated the belief that federal law requires a regulatory approach and the use of consensus-based, federally accepted and adopted operating standards.
- Ultimately, FAA leadership agreed to review the AMA Safety Program and to consider AMA's suggestion of establishing an MOU. Although nothing definitive was decided at the meeting, there was a commitment to revisit the issue.
The small UAS (sUAS) Notice of Proposed Rulemaking (NPRM)
Regarding the small UAS NPRM, FAA representatives said the proposed rule is still under executive-level review. The rule has been at this stage since September 2011.
There was no indication that the proposed rule will be published any time soon; it may be after the 2012 presidential election or in early 2013 before the NPRM is released. In any case, the sUAS NPRM remains on the horizon and is still a significant issue for the modeling community.
What you can do:
- Make sure everyone you know in the modeling community is aware of the impending regulation.
- Ensure that 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 by liking "AMAGov" and on Twitter at Twitter.com/AMAGov.
—Rich Hanson Government and Regulatory Affairs
Transcribed from original scans by AI. Minor OCR errors may remain.
