FAA Regulations in the Forecast - 2011/03
A very important issue is literally up in the air for everyone interested in model aviation. It appears that government regulation of aeromodeling is in the making, and all AMA members are encouraged to learn about and actively engage in this critical development in our hobby and sport.
FAA officials attended the Academy’s Expo 2011 in Ontario, California, where representatives from the FAA’s Unmanned Aircraft Program Office (UAPO) participated in an open membership forum on Saturday, January 8. They offered insight into the FAA’s proposed small Unmanned Aircraft Systems (sUAS) regulation that is due to be released for public comment this summer as a Notice of Proposed Rulemaking (NPRM).
The discussion played out in front of a packed house of concerned AMA members and aeromodeling enthusiasts because the topic focused on the potential impact that this regulation will have on model aviation.
Joining the FAA’s James Sizemore and Lynn Spencer on stage were AMA President Dave Mathewson and AMA Government Relations and Regulatory Affairs Representative Rich Hanson. The hour-long assembly was held in a large meeting room that was filled to capacity.
Dialogue was both spirited and informative and included a number of enlightening and productive exchanges.
Dave Mathewson commented:
“We sincerely appreciate that James and Lynn traveled from Washington, DC, to California to continue their work with us on this critical issue, and to meet with the AMA membership.
“We’ve all been working hard for some time now to find ways to ensure that all model aviation activities are able to safely continue in the future much as they have for the last 75 years.”
What Has the AMA Been Doing to Protect Model Flying Privileges?
In June 2008 the FAA commissioned an Aviation Rulemaking Committee (ARC) comprising 20 representatives from within the sUAS community, various federal agencies, law enforcement organizations, and educational institutions. The Academy was invited to participate, represented by Rich Hanson. The ARC was charged with drafting recommendations for the FAA to consider when creating guidelines for the operation of sUAS in the NAS. The ARC completed its work in late March 2009, when it submitted its final report to the FAA for review in drafting the NPRM.
The AMA has maintained that there is a solid line between recreational model aviation and commercial sUAS. It contends that the former consists of miniature aircraft that are operated strictly for sport, competition, education, and science—not for commercial purposes. Mirroring guidance provided in FAA Advisory Circular AC 91-57, the AMA believes that model aircraft must be operated safely away from people, property, and full-scale aircraft, and that they must be fully within line of sight. Without this distinction, aeromodeling could be swept up into potentially stringent regulations that are far more applicable to the commercial operations of sUAS. However, it is unknown to what extent model aviation will be affected by the new regulation, and the FAA is unable to comment, by law, on the specifics of the proposed rule until the NPRM is published.
What we know at this point is that the ARC recommended a provision in the rule to allow model aircraft operations that are conducted in accordance with an FAA-accepted set of standards to be exempt from the rule. To date, FAA leadership in the UAPO has consistently held that this has been, and continues to be, its regulatory approach to model aviation.
During the past year and a half, UAPO representatives have provided guidance to the AMA in its effort to develop a set of standards that, if accepted and adopted by the FAA, will serve as an alternative means of complying with the new sUAS regulation.
The Big Question Regarding Regulations—Why?
According to those deeply involved in this issue, primary factors that led to the FAA’s instigating proposed regulation for small unmanned aircraft are:
- The ever-increasing complexity and congestion of the National Airspace System (NAS).
- The proliferation of sUAS being developed for commercial and public use.
- The advancements in technology and the dramatic increase in the performance capabilities of today’s comparatively more sophisticated model aircraft.
Is the AMA Doing All It Can at This Point?
“I’m comfortable that our current approach to the issue has positioned us well. We have built a solid strategy and put together a strong team of model aviation experts to work through the regulatory process.
“After the ARC submitted its recommendations, which you can find on our Web site, we brought together an outstanding group of aeromodelers to work on developing standards for model aviation that, when coupled with the final rule, will allow model aviation to continue much as it is now.”
That group consists of nearly a dozen volunteers and AMA staff members who have tirelessly conducted weekly teleconferences, face-to-face meetings, webinars, and almost daily e-mail exchanges since its inception in May 2009.
Rich Hanson said:
“We probably still have a year or more to go to get this done, but these guys have really made the commitment to stick to the process. When questions come up or there is a fork in the road, we try to have a face-to-face meeting with people from the UAPO to get their input. And I’ll tell you it’s not all flowers and roses.
“We have differences on issues, but the process we follow helps us work through them. I’m really optimistic that we’re on the right track.”
Tough Questions Fielded by the FAA
James Sizemore—an AMA member from the Washington, DC, area—and Lynn Spencer were as forthcoming as they could be, given the rules of the federal regulatory process, without breaching the confidentiality directives to which they must adhere. Only a few people at the FAA know what is in the proposed rule.
Many AMA members submitted questions to James and Lynn.
“Was there a specific incident that led to this situation? Have we done something wrong?”
“Absolutely not,” was the essence of their reply. They claimed that the FAA holds in high regard the Academy’s outstanding self-policed safety record that has been established throughout the last several decades. Both the FAA and AMA are faced with making their approach to safety and operations even better.
This tied into an important consideration raised by AMA member Cameron Smith of California and a question from Maria Shuberty of Virginia:
“Does the FAA consider that by potentially over-regulating the model aviation hobby it may reduce the number of young people interested in aviation and discourage them from becoming tomorrow’s pilots and aviation innovators? Have you considered the importance of model aviation for our youth, and the ongoing science, engineering, and educational benefits going forward?”
James responded:
“I would like to share with you that the leadership of the FAA isn’t looking to curtail model operations that are safe. In fact, they want to enable them, because many in the FAA got their start in aviation from building balsa models and learning to fly, going from there to their aviation careers.”
Several companies in the model aviation industry that are dedicated to some of the more advanced modeling disciplines have contacted the AMA with concerns about their future. The FAA reps were asked for their take on this issue.
James and Lynn replied that it remains their intent to support model aviation going forward in whatever form can be conducted safely. According to them, the FAA believes that a rule will be created in good faith because it will be done with the knowledge of what’s going on, what the community wants to do, and how they would do it safely when the guidance comes to them for approval.
James explained:
“It really transfers that responsibility back onto the individual who’s doing the operation. So for the industry it could be perceived as a big plus—that with the right regulation and the right standards in place, it actually will cause a growth in the industry. Whereas currently, where there’s not any regulation, there’s no enforcement.
“AMA is not a regulatory body or enforcement agency. So there is no way to address those kinds of outlier events or outlier operations that are on the fringe.”
Enforcement of regulations was of particular interest to those who attended the Expo forum. How can it be done practically? Who will do it?
According to Lynn, FAA officials with badges won’t be lurking in the weeds attempting to “catch” aeromodelers who are in violation of the regulation. She said:
“I don’t know how many millions of model aircraft and sUAS flights occur annually. We all have limited resources.
“I would liken it to a speed limit sign probably about every half mile on the road. Behind every one of the speed limit signs is not a California Highway Patrol officer, but there is a law that says you have to do the speed limit. But if we get into an accident, and we show that we didn’t have our driver’s license, and that we didn’t have a registration, then we are going to get a ticket.”
Some of the most interested modelers are those who operate high-speed turbines and high-altitude sailplanes. Will there be heavy restrictions on these disciplines? Will they be so onerous that those forms of aeromodeling will be fully debilitated?
Again, the FAA couldn’t speak of the proposed rule. Those are two of several scenarios that the AMA standards workgroup is hashing out. James said:
“I believe that I can tell you that what AMA presents to the FAA will be considered. And if you work with your standards group to make sure that turbine operations are accurately and sufficiently covered in whatever is presented, we will give due diligence to that.
“We have not said, and we have not asked for, and have not led you all to believe in any way in developing the standards for those operations. Know that you are in pretty good hands with your leadership and that we’re working diligently to address it.”
What Can AMA Members Do Going Forward From This Point?
Now is the time for all who care about the viability and future of aeromodeling to familiarize themselves with this issue and prepare to respond, if necessary, to the proposed rule when it’s published this summer. This complicated issue is not only important to AMA, but to all who look skyward.
James Sizemore said:
“People let us know when they are aware of something potentially hazardous in the NAS.
“Rich [Hanson] stated earlier that you are successful today because you have very conscientious people who are dedicated to the hobby, who want to make sure that fun for yourself is fun for everybody else that comes to a flying field. We are all safety officers when it comes down to it.”
AMA’s standards workgroup and all members who have weighed in to date are to be commended for their diligent attention to a critical issue facing the Academy.
To learn more and prepare to contact your representatives in Washington, DC, visit the AMA’s Government Relations page; there you will find a wealth of information and resources. And if you haven’t done so, sign up for the AMA Today monthly e-newsletter. In addition, there is lively discussion on this topic on the AMA online forum, and, of course, keep reading MA every month.
The AMA has your back in aeromodeling.
MA
Michael Ramsey [email protected]
Transcribed from original scans by AI. Minor OCR errors may remain.
