On Monday, June 23rd, the Federal Aviation
Administration (FAA) released an Interpretive
Rule in which it
presented FAA's interpretation of the "Special Rule for Model
Aircraft" established by Congress in the FAA modernization and Reform Act
of 2012. The Academy has reviewed the rule and is extremely disappointed and
troubled by the approach the FAA has chosen to take in regards to this issue In its Press
Release the FAA
stated it was, "issuing the notice to
provide clear guidance to model operators on the
"do's and don'ts" of flying safely in
accordance with the Act and to answer many of the questions it has received
regarding the scope and application of the rules." It also stated,
"(this) guidance comes after recent incidents involving the reckless use
of unmanned model aircraft near airports and involving large crowds of
people." It's important to note that very few of these cases have been
factually documented and not a single incident was shown to involve a member of
the AMA or to be connected in any way to modeling operations conducted under
the auspices of the special rule. In AMA's
response to the rule it was pointed out that, "The FAA interpretive rule effectively
negates Congress' intentions, and is contrary to the law. Section 336(a) of the
Public Law states that, 'the Federal Aviation Administration may not promulgate
any rule or regulation regarding a model aircraft...', this interpretive rule
specifically addresses model aircraft, effectively establishes rules that model
aircraft were not previously subject to and is in direct violation of the
congressional mandate in the 2012 FAA reauthorization bill." AMA has voiced its opposition to FAA's action and will
pursue all available recourse to dissuade enactment of this rule. It's
important that every AMA member becomes involved in the effort. The first step is to respond to the public comment period
established in the notice. Look for a follow-up email from AMA with
information on how to respond to the FAA notice. This is your opportunity
to express your views and to comment on various aspects of the Interpretive
Rule. It's important for the Administration to know that this rule significantly
impacts the entire aeromodeling community and that this community is resolute
and committed to protecting the hobby. In this case silence IS NOT golden. Please alert your friends, family members and fellow
modelers regarding this issue. Thank you, |