Goverment Regulations FAQ
Frequently Asked Questions
Q. Aeromodeling and the AMA have existed for generations in a seemingly safe and harmonious fashion. Why has the FAA considered model aviation an activity that needs government regulation?
This is certainly a valid argument and a contention that AMA will continue to put forward. The FAA’s primary rationale for the need for new regulation has been the advent of commercial- and public-use unmanned aircraft in the civil environment, the increased complexity of the National Airspace System (NAS) and the technological advancements and heightened capabilities of model aircraft. Q. What are the restraints that are being proposed?
The exact criteria and constraints being proposed in the new regulation are unknown and will remain largely unknown until later this year, 2013, when the Notice of Proposed Rulemaking (NPRM) is published in the Federal Register. However, the "Aviation Rulemaking Committee Report" submitted to the FAA in March 2009 gives a good indication of the issues and safety concerns being considered. Q. When will these proposed rule changes take effect?
It’s anticipated the final sUAS rule will be published in the Federal Register sometime in late 2014 or early 2015. Assuming this is the case, the new regulation will most likely go into effect during the third or fourth quarter of 2015. Q. What exactly is the AMA doing about this?
AMA has established an ongoing relationship and is interacting directly with the FAA Unmanned Aircraft Program Office to ensure that the issues and concerns of the aeromodeling community are known. AMA has also employed the services of a political liaison to ensure that these issues are also known to key political figures. AMA's advocacy efforts on Capitol Hill resulted in the Special Rule for Model Aircraft established by Congress as part of the FAA Modernization and Reform Act of 2012. The Academy is continuing its efforts to organize, inform and establish lines of communication with a broad stakeholder and advocacy base in preparation for NPRM public comment period. The Notice of Proposed Rulemaking is currently scheduled to be published later this year, 2013 Q. How long has AMA been working with the FAA on this issue?
The AMA has maintained a liaison with the FAA for many years; however, it has been actively involved in the small Unmanned Aircraft System (sUAS) rulemaking process since May of 2008, when the sUAS Aviation Rulemaking Committee was established. Q. If the proposed regulation is implemented, what does that mean to aeromodelers and the AMA?
As we understand it, the proposed regulation will recognize the "Special Rule for Model Aircraft" established in the FAA Modernization and Reform Act of 2012, and will allow community-based organizations such as the AMA to manage the aeromodeling activity in accordance with the criteria specified in their safety program. The special rule also mandates specific safety criteria that must be met by modelers operating within the provisions of the rule. (See PL 112-95) Under the provisions of the special rule AMA members should be able to continue their modeling activities in much the same way as they have in the past. Q. I’m not a member of the AMA. How does this affect my flying activities?
All modelers will have the option of joining a recognized community-based organization such as AMA and operating under its safety program and the Special Rule for Model Aircraft, or choose to complying with the criteria established in the small Unmanned Aircraft System (sUAS) rule. Q. How will the FAA and/or the AMA enforce these restrictions?
Enforcement of the Federal Aviation Regulations within the Code of Federal Regulations (CFRs) falls under the jurisdiction of the FAA. Enforcement measures taken in regards to the sUAS regulation will be at the discretion of the FAA. AMA members are required to adhere to the safety criteria established in the Special Rule for Model Aircraft and the provisions of AMA's Safety Program as a condition of membership. Modeler's who choose not to comply with AMA's safety programming be subject to the criteria established in the sUAS rule and FAA's enforcement authority. Q. Does this mean that even more onerous regulations are in store for aeromodeling?
Not necessarily. Though the default criteria established in the sUAS rule may be more stringent than what was previously established in AC 91-57, the Special Rule for Model Aircraft established by Congress should allow those who choose to participate in AMA's Safety Program to continue their modeling activities in much the same way as they do today. Q. Who do I contact at the AMA HQ with my ideas about this?
Most anyone at the AMA will be glad to point you in the right direction by dialing (800) I-Fly-AMA; however, suggestions and comments may be posted to AMA’s or emailed to amagov@modelaircraft.org. Q. Are the Academy’s actions in its efforts to seek an amendment to exempt model aviation from federal regulation an attempt to force modelers to join the AMA?
Absolutely not… AMA’s intent is not to create an environment that mandates AMA membership but rather to defend the hobby against unnecessary and onerous regulation. AMA believes and has always contended that aeromodeling should be conducted in a safe and responsible manner and in accordance with a reasonable set of safety guidelines. This is what AMA offers its members. If the choice is between voluntary compliance with a community based set of safety guidelines and mandatory compliance with a set of FAA regulations, the choice is clear. We would hope that every aeromodeling enthusiast with a passion for this hobby and a desire to protect the future of model aviation for generations to come will join us in this effort. Q. Now that Congress has enacted a provision to protect model aviation from regulation in the FAA Modernization and Reform Act, what does this mean in terms of the proposed sUAS rule and FAA's intent to regulate model aircraft?
To be honest… At this point we really don’t know. This is truly uncharted waters. Nevertheless, it is clear that this Act expresses Congress’ view that aeromodeling is a relatively harmless activity and recognition of the level of safety the AMA and the modeling community have achieved over the past 76 years. We expect that the sUAS rule will recognize the "Special Rule for Model Aircraft" and will allow community-based organizations such as the AMA to manage the aeromodeling activity in accordance with the criteria specified in their safety program. AMA has been working with the FAA Unmanned Aircraft Systems Integration Office over the past year in establishing the criteria for recognition as a community-based organization as well as the mechanism for enacting the provisions of the special rule. This has been a slow process and progress has been slow in coming; however, we are hopeful this process will be completed and PL112-95 fully enacted by the end of the year, 2013. AMA will continue to update its members as additional information becomes available. Q: How did my legislator vote on the FAA Modernization and Reform Act?
The House passed the bill with a 57% approval vote and the Senate passed the bill by 75%. Click here to see how your legislators voted. Q. How can I reach the AMA Adocacy team with a question?
AMA's Advocacy Team is available to answer questions that may not be represented on this list. Please email amagov@modelaircraft.org and your AMA advocates will field your question as soon as possible. Q. Now that the FAA reauthorization bill is signed into law, should we start contacting the airport/ATC when operating within five (5) miles of a public airport and should clubs begin establishing operating agreements for established flying sites in this region?
No, at least not yet.There are still a lot of unanswered questions regarding how the MA provision in the Bill will be enacted and what oversight authority the FAA will continue to have on us. FAA is tasked by federal law with maintaining the safety of the NAS and we will need to come to an understanding as to how the AMA member will operate within the national airspace in the future. As such, it’s probably a little too soon to react to the Special Rule for Model Aircraft in what is now Public Law 112-95. AMA is working with the FAA in establishing the criteria for recognition as a community-based organization (CBO) and will be further working with the Unmanned Aircraft Systems Integration Office in formulating the procedures for complying with the safety criteria established in the special rule. Unfortunately, this process is taking longer than expected and it will likely be several more months before we’ve ironed out all the details.
For now, AMA suggests business as usual. AMA members and chartered clubs should continue to operate in accordance with the AMA Safety Code as you have in the past. If you already have an agreement with a neighboring airport then certainly continue to operate under the provisions of that agreement. However, if you currently fall within five (5) miles of a public airport and you don’t yet have an agreement, unless approached for some reason by the airport or ATC it’s recommended you hold off on pursuing an agreement until the AMA is able to provide a form and format for doing so.
As it stands, it’s unlikely there will be an impetus for an established agreement until the issues surrounding the proposed sUAS rule are resolved over the next 12 to 18 month; however, if you do get approached by the airport authority or someone from the FAA, please contact AMA for assistance.