Proposed sUAS rule looks promising
In a telephonic press conference held Sunday, February 15, 2015, U.S. Department of Transportation Secretary Anthony Foxx and FAA Administrator Michael Huerta announced the FAA’s long‑awaited proposed regulation for the operation of small unmanned aircraft systems (sUAS).
If instituted, the proposed rule would establish the safety regulations and procedures for operating nonrecreational unmanned aircraft weighing 55 pounds or less.
What the proposed rule would do
- Limit flights to less than 100 mph.
- Limit altitude to below 500 feet.
- Restrict operations to daylight hours only.
- Require operations within visual line of sight of the operator.
- Require sUAS operators to pass an aeronautical knowledge test and obtain a sUAS operator’s certificate.
In accordance with the Special Rule for Model Aircraft established by Congress, the new rules would not apply to model aircraft operated within the safety programming of a nationwide community‑based organization. This is good news for AMA members; however, model aircraft operators must continue to satisfy all of the criteria specified in the Special Rule, including the stipulation that model aircraft be operated only for hobby or recreational purposes and must remain within visual line of sight.
The Notice of Proposed Rulemaking (NPRM) references the FAA’s interpretation of the Special Rule for Model Aircraft, published in June 2014, and asserts FAA’s authority to use existing regulations to enforce unsafe acts that endanger the National Airspace System (NAS). This would include use of regulations such as 14 CFR 91.13, which prohibits the careless and reckless operation of an aircraft, and other regulations that relate to yielding the right‑of‑way to manned aircraft and operations within designated airspace.
FAA interpretation and AMA response
The AMA has taken exception to several aspects of the FAA’s interpretation, which led the AMA to petition the U.S. District Court in Washington, D.C., in August 2014 for a judicial review of the Interpretive Rule. The court is currently holding this case in abeyance until the FAA has completed and adjudicated the public comments submitted in response to the agency’s interpretation.
The extent to which the NPRM excludes model aircraft from regulation depends in large part on the resolution of several key elements of the Interpretive Rule. The areas of greatest concern are the FAA’s interpretation that:
- Asserts model aircraft are “aircraft” as defined in U.S. Code Title 49 and in Sec. 331 of the FAA Modernization and Reform Act of 2012, effectively making model aircraft subject to all regulations applicable to aircraft.
- Makes model aircraft subject to airspace requirements and restrictions that have never been applicable in the past and with which it is impossible or impractical to comply.
- Effectively changes the criteria for operating within 5 miles of an airport from the stated requirement of providing prior “notification” to a requirement of obtaining prior permission.
- Narrowly defines “hobby and recreation” and puts in question the activities of the supporting aeromodeling industry and AMA’s educational programs.
- Rigidly defines the requirement to operate within visual line of sight and targets the use of a specific aeromodeling technology/equipment, namely first‑person view (FPV) goggles.
“… the new rules would not apply to model aircraft operated within the safety programming of a nationwide community‑based organization.”
Overall, the AMA views the proposed sUAS rule as a positive step toward enabling the civil operation of unmanned aircraft in the NAS. We encourage members to submit comments supporting the proposed rule and commending the FAA for appropriately separating model aviation from the new regulation. However, AMA also encourages members to include in their comments the need to resolve the discrepancies stemming from the Interpretive Rule before finalizing the sUAS rule.
How to submit comments
Comments on the proposed sUAS rule can be made at www.regulations.gov by searching for Docket No. FAA‑2015‑0150; Notice No. 15‑01. Read the proposed rule carefully and submit comments on areas where you have concerns as well as thoughtful and constructive suggestions for improvement.
Unless extended, the public comment period is open for 60 days. The deadline for submitting comments is 11:59 p.m., Friday, April 24, 2015.
—Rich Hanson Government and Regulatory Affairs
Transcribed from original scans by AI. Minor OCR errors may remain.
