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Woo Hoo! No FAA intrusion.....maybe

Discussion in 'AMA and FAA Discussions' started by acerc, Jun 21, 2016.

  1. I just read the DOT/FAA email on UAS and models. It look's like they are intending on leaving us be and it also look's like the manufacturing aspect to meet FAA's criteria is not going to be full bore. The way I read it we are good to go. Below is the press release.
    Decal Dennis and pawnshopmike like this.
  2. Press Release – DOT and FAA Finalize Rules for Small Unmanned Aircraft Systems
    For Immediate Release
    June 21, 2016
    Contact: Les Dorr or Alison Duquette
    Phone: 202-267-3883

    Regulations will create new opportunities for business and government to use drones
    WASHINGTON – Today, the Department of Transportation’s Federal Aviation Administration has finalized the first operational rules (PDF) for routine commercial use of small unmanned aircraft systems (UAS or “drones”), opening pathways towards fully integrating UAS into the nation’s airspace. These new regulations work to harness new innovations safely, to spur job growth, advance critical scientific research and save lives.

    “We are part of a new era in aviation, and the potential for unmanned aircraft will make it safer and easier to do certain jobs, gather information, and deploy disaster relief,” said U.S. Transportation Secretary Anthony Foxx. “We look forward to working with the aviation community to support innovation, while maintaining our standards as the safest and most complex airspace in the world.”

    According to industry estimates, the rule could generate more than $82 billion for the U.S. economy and create more than 100,000 new jobs over the next 10 years.

    The new rule, which takes effect in late August, offers safety regulations for unmanned aircraft drones weighing less than 55 pounds that are conducting non-hobbyist operations.

    The rule’s provisions are designed to minimize risks to other aircraft and people and property on the ground. The regulations require pilots to keep an unmanned aircraft within visual line of sight. Operations are allowed during daylight and during twilight if the drone has anti-collision lights. The new regulations also address height and speed restrictions and other operational limits, such as prohibiting flights over unprotected people on the ground who aren’t directly participating in the UAS operation.

    The FAA is offering a process to waive some restrictions if an operator proves the proposed flight will be conducted safely under a waiver. The FAA will make an online portal available to apply for these waivers in the months ahead.

    “With this new rule, we are taking a careful and deliberate approach that balances the need to deploy this new technology with the FAA’s mission to protect public safety,” said FAA Administrator Michael Huerta. “But this is just our first step. We’re already working on additional rules that will expand the range of operations.”

    Under the final rule, the person actually flying a drone must be at least 16 years old and have a remote pilot certificate with a small UAS rating, or be directly supervised by someone with such a certificate. To qualify for a remote pilot certificate, an individual must either pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center or have an existing non-student Part 61 pilot certificate. If qualifying under the latter provision, a pilot must have completed a flight review in the previous 24 months and must take a UAS online training course provided by the FAA. The TSA will conduct a security background check of all remote pilot applications prior to issuance of a certificate.

    Operators are responsible for ensuring a drone is safe before flying, but the FAA is not requiring small UAS to comply with current agency airworthiness standards or aircraft certification. Instead, the remote pilot will simply have to perform a preflight visual and operational check of the small UAS to ensure that safety-pertinent systems are functioning property. This includes checking the communications link between the control station and the UAS.

    Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area. The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.

    As part of a privacy education campaign, the agency will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the FAA’s B4UFly mobile app. The FAA also will educate all commercial drone pilots on privacy during their pilot certification process; and will issue new guidance to local and state governments on drone privacy issues. The FAA’s effort builds on the privacy “best practices” (PDF) the National Telecommunications and Information Administration published last month as the result of a year-long outreach initiative with privacy advocates and industry.

    Part 107 will not apply to model aircraft. Model aircraft operators must continue to satisfy all the criteria specified in Section 336 of Public Law 112-95 (PDF) (which will now be codified in Part 101), including the stipulation they be operated only for hobby or recreational purposes.
  3. And if one goes to the link in the last sentence it does not include the previously proposed on line testing.
  4. Jetpainter

    Jetpainter 640cc Uber Pimp

    Time will tell, but it is sounding better than some of the things we heard a few months ago.
    Matt Carruthers likes this.
  5. Daytonarc

    Daytonarc 70cc twin V2

    This is the FAAs integration of UAS into the airspace and still recognizes the model aircraft exemption. However the Senate has passed a bill and sent it to the house that does away with the current section 336 exemption for model aircraft and writes new rules for model aircraft. The thing that is unknown is what that final legislation will look like (The FAA Reauthorization Act of 2016)

    The Senate version that passed and was sent to the house has a 400' ceiling and requires passing a yet unknown test of aeronautical knowledge and safety. Here is the text;

    44808. Special rules for model aircraft

    “(a) In General.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this chapter, the Administrator of the Federal Aviation Administration may not promulgate any new rule or regulation specific only to an unmanned aircraft operating as a model aircraft if—

    “(1) the aircraft is flown strictly for hobby or recreational use;

    “(2) the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

    “(3) not flown beyond visual line of sight of persons co-located with the operator or in direct communication with the operator;

    “(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft;

    “(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator, where applicable, and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice and receives approval, to the extent practicable, for the operation from each (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport));

    “(6) the aircraft is flown from the surface to not more than 400 feet in altitude; and

    “(7) the operator has passed an aeronautical knowledge and safety test administered by the Federal Aviation Administration online for the operation of unmanned aircraft systems subject to the requirements of section 44809 and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

    ....(2) SPECIAL RULE FOR MODEL AIRCRAFT.—Section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101note) and the item relating to that section in the table of contents under section 1(b) of that Act (126 Stat. 13) are repealed.

    The passed Senate version also requires that all makes and models that are sold get FAA approval prior to being sold and the approval requirements are not even close to being clear right now.

  6. I get that. My point is being as the FAA can do what ever they want as noted with the registration, of which I did, the press release is good news in my opinion because they acknowledge a difference between us modelers and sUAS's. Anytime "they" make note of the difference it is a good thing. And, with them making a distinction between model aircraft and UAS, I believe that will open the doorway for a better separation by law in the near future. Who knows, maybe even in the discussions of the current bills as they move along. With this noted seperation the AMA can lobby, "Look, even your own people don't want to legislate news rules for model aircraft".
    Last edited: Jun 21, 2016
    Jetpainter likes this.
  7. BalsaDust

    BalsaDust Moderator

    So if the FAA is backing off does this meen we no longer need to register and for those of us who did will we get our $5 back.
  8. I have no idea to that, and don't much care about the five bucks. I hope the AMA uses this noted separation by the FAA to lobby us out of the mix.
  9. The language in the senate bill is still concerning, but the language in the house's version is much better and it still has to be passed and then go to mediation and then be passed again.

    This press release shows at least that some of our "leaders" are starting to see a separation of drones and model aircraft.
    ChickenBalls likes this.
  10. Daytonarc

    Daytonarc 70cc twin V2

    :epic: Couldn't find "funny post" smiley. @Bartman we need more smileys.
    dhal22 likes this.

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