My fellow RC Enthusiasts,
Those of us residing in the United States received the following email today from the AMA outlining the FAA’s new interpretation of the Special Rule for Model Aircraft. If you haven’t read the Email, please read:
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AMA's Areas of Concern Regarding the FAA Interpretive Rule for Model Aircraft
On Tuesday, June 24th AMA issued a member alert expressing concern over some provisions in the FAA's interpretation of the Special Rule for Model Aircraft established by Congress in the FAA modernization and Reform Act of 2012. In that alert, we let members know that we would be following up with today's alert that explains AMA's concerns in greater detail.
We need you to take action now and respond by July 25, 2014 to the FAA Interpretation of the Special Rule for Model Aircraft that was released June 23, 2014. The Academy has reviewed the rule and is extremely disappointed and troubled be the approach the FAA has chosen to take in regards to this issue. FAA's Interpretive Rule
To help you respond to the FAA, we have outlined AMA's major concerns in the bullets below. A more in-depth explanation of our concerns can be found at AMA's Concerns
- Throughout the rule the FAA takes great latitude in determining Congress' intentions and in placing tightly worded restrictions through its "plain-language" interpretation of the text.
- The FAA uses the plain language doctrine to create a regulatory prohibition of the use of a specific type of technology.
- FAA's overreaching interpretation of the language in the Public Law is evident in the rule's interpretation of the requirement that model aircraft be "flown strictly for hobby or recreational use."
- Although the FAA acknowledges that manned aviation flights that are incidental to a business are not considered commercial under the regulations, the rule states that model aircraft flights flown incidental to a business are not hobby or recreation related.
- The rule overlooks the law's clear intention to encompass the supporting aeromodeling industry under the provision of the Special Rule, "aircraft being developed as a model aircraft." The rule's strict interpretation of hobby versus business puts in question the activities of the principals and employees of the billion dollar industry that supplies and supports the hobby.
- The Public Law states that when model aircraft are, "flown within 5 miles of an airport, the operator of the aircraft (must) provide(s) the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation. However the rule indicates that approval of the airport operator is required. Although it is understood that making notification to the airport and/or ATC will open a dialog as to whether the planned activity is safe to proceed, there is no intent in the law that this be a request for permission on the part of the model aircraft pilot.
- The Interpretive Rule establishes new restrictions and prohibitions to which model aircraft have never been subject. This is counter to the Public Law which reads, "The Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft or an aircraft being developed as a model aircraft,..." if established criteria are met.
- The Interpretive Rule attempts to negate the entire Public Law by stating, "Other rules in part 91, or other parts of the regulations, may apply to model aircraft operations, depending on the particular circumstances of the operation. This in and of itself makes model aircraft enthusiasts accountable to the entire litany of regulations found in Title 14 of the Code of Federal Regulations, something that was never intended by Congress and until now never required by the FAA.
How to Respond to the FAA.
All AMA members, family and friends need to take action now to let the FAA know that this rule significantly impacts the entire aeromodeling community and that this community is resolute and committed to protecting the hobby.
There are four methods to submit a comment. Emailing your comment is the fastest and most convenient method. All comments must include the docket number FAA-2014-0396. Tips for submitting your comments.
Email: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.
Mail: Send Comments to Docket Operations, M-30; US Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
DEADLINE TO COMMENT: On or before July 25, 2014
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This is a very serious and urgent issue that needs to be handled now. Please, if you care about your hobby, send a brief message to the FAA. Even if you don’t live in the United States and the FAA has no impact over you, please, take five minutes of your time to help fellow enthusiasts. We all know why the FAA is wrong.
From a worried youth hoping to preserve the hobby.
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- R&D - The process of test flying a RC aircraft that you intend to sell will no longer be legal in the US. So, if this goes into effect, no more new Flite Test plane designs.
- Instruction - When I got into the hobby, I paid some one to teach me how to fly an RC plane. I found this instruction very helpful as none of my friend flew at the time. This activity would become illegal.
- Reviews - Reviewing model aircraft for money would also be covered. Any reviewer would have to do so for free. This would significantly limit the quality of reviews as most people do not have the time to do well produced reviews for free.
- Demonstrations - At most RC events, there are noontime Demonstrations put on by companies that want to sell us planes. These same companies also help pay for the event. If this interpretation goes into effect, these demonstrations would be deemed illegal. Some may think this would be a good thing (more time to fly) but it will also mean that there will be a shift in who is paying for the event (high event attendance fees are likely).
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http://m.youtube.com/watch?v=SeuKQ63w5lk
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Baseball, Frisbee, paper plane, golf ball, fishing lure, etc etc etc.
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Goodbye Flitetest....
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(what's the harm of a little hyperbole at this point?)
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this is taking a big bite out of my pursuit of happiness
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we as Americans need to assert our right the Persuit of happiness!
as Barry Goldwater said "your rights end at the tip of my nose!"....meaning,do what you want,just don't trample my freedoms.
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punish everyone for the iresponsible actions of a few.typical government management practices.
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Is there anything us euro guys can do to help?
Regards from Denmark.
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Dear FAA, over the last 3 years I have seen some amazing technologies being developed for the RC model aircraft industry. I have watched as the hobby has morphed from a stodgy, older, man dominated, and very exclusive and expensive hobby has opened up and become more inclusive because of new and exciting technologies. I am very against the FAA attempting to regulate a hobby with there over bearing rules designed for full size private and public aircraft. I understand the need for a centralized body of rules and regulations for an industry that move 10's of thousands of people each day and lives are at risk as they are transported into the upper atmosphere.
The model RC aircraft industry is a small and vibrant field where new ideas and designs can be tried and tested, with failures being a wrecked foam wing or a crumpled nose cone. No human life is endangered like it was in the early days of flight. My father is a private pilot and is now grounded due to medical conditions, but he can still walk to the park and launch his small foam plane in the air and pretend. With the new technology of First Person View or FPV he is able to feel the experience of being behind the controls again.
I also feel that regulating this industry with the bureaucracy of the FAA will stifle and eliminate the new ideas as creativity that is now growing. I have seen young people get off the couch and put down there video games and look for new ways to use the amazing and in expensive controller platforms. These are our future engineers and physics students.
I do understand that there must be rules that need to be followed for safety, both for the public and the RC pilot. I feel there are other bodies like the AMA and also local city councils. Just because these toys leave the ground does not mean they need to have FAA over site. If the FAA is worried about drones, then set a weight limit of 25lbs and not controlled actively within 2 miles of the transmitter is considered a device that needs extra over site and permits. I am concerned that putting a hobby under FAA jurisdiction will drive it all underground and you will now have kids doing more and more daring stunts. This technologies will not go away because the same technologies that are in my iPod are used for this hobby. What would our wold be like if government regulated the young men and also some women building those dangerous flying machines. Our whole way of life in the USA would be different. Would we even have gone to the moon? I'm sure there would have been other nations that would have encouraged creativity and set the worlds imagination afire. This is the case now. China and the European nations are moving ahead of us and more regulation will just stifle us.
Please reconsider your approach to this industry. We finally see our young people getting excited and creating, don't snuff that out.
Thank you for your consideration.
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