Okay this is now getting serious for us that love RC especially if your into FPV!
Just this week the FAA release this:
[4910-13]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2014-0396]
Interpretation of the Special Rule for Model Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Interpretation with Request for Comment
SUMMARY: This action provides interested persons with the opportunity to comment
on the FAA’s interpretation of the special rule for model aircraft established by Congress
in the FAA Modernization and Reform Act of 2012. In this interpretation, the FAA
clarifies that: model aircraft must satisfy the criteria in the Act to qualify as model
aircraft and to be exempt from future FAA rulemaking action; and consistent with the
Act, if a model aircraft operator endangers the safety of the National Airspace System,
the FAA has the authority to take enforcement action against those operators for those
safety violations.
DATES: Comments must be received on or before [INSERT DATE 30 DAYS AFTER
PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: You may send comments identified by docket number FAA-2014-0396
using any of the following methods:
• Federal eRulemaking Portal: Go to http://www.regulations.gov and 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.
FOR FURTHER INFORMATION CONTACT: Dean E. Griffith, Attorney,
Regulations Division, Office of the Chief Counsel, Federal Aviation Administration,
800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-3073;
email: dean.griffith@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to submit written comments, data, or views
concerning this interpretation. The most helpful comments reference a specific portion of
the interpretation, explain the reason for any recommended change, and include
supporting data. To ensure the docket does not contain duplicate comments, please send
only one copy of written comments, or if you are filing comments electronically, please
submit your comments only one time.
The FAA will file in the docket all comments received, as well as a report
summarizing each substantive public contact with FAA personnel concerning this
interpretation. The FAA will consider all comments received on or before the closing
date for comments and any late-filed comments if it is possible to do so without incurring
expense or delay. While this is the FAA’s interpretation of statute and regulations
relevant to model aircraft, the FAA may modify this interpretation based on comments
received.
Availability of This Interpretation
You can get an electronic copy using the Internet by—
(1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
(2) Visiting the FAA’s Regulations and Policies web page at
http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office’s web page at
http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal Aviation Administration,
Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591,
or by calling (202) 267-9680. Make sure to identify the docket number or notice number
of this proposal.
Background
The FAA is issuing this interpretation because we have received many inquiries
regarding the scope of the special rule for model aircraft in section 336 of the FAA
Modernization and Reform Act of 2012 and the FAA’s enforcement authority over model
aircraft as affirmed by the statute. In this interpretation, we explain the history of FAA
oversight of model aircraft operations and the new statutory requirements that apply to
model aircraft operations, and then clarify how the FAA intends to apply its enforcement
authority to model aircraft operations that endanger the safety of the National Airspace
System (NAS).
Discussion of the Interpretation
I. Background of FAA Oversight of Model Aircraft Operations
Historically, the FAA has considered model aircraft to be aircraft that fall within the
statutory and regulatory definitions of an aircraft, as they are contrivances or devices that
are “invented, used, or designed to navigate, or fly in, the air.” See 49 USC 40102 and 14
CFR 1.1. As aircraft, these devices generally are subject to FAA oversight and
enforcement. However, consistent with FAA’s enforcement philosophy, FAA’s
oversight of model aircraft has been guided by the risk that these operations present. The
FAA first recognized in 1981 that “model aircraft can at times pose a hazard to full-scale
aircraft in flight and to persons and property on the surface,” and recommended a set of
voluntary operating standards for model aircraft operators to follow to mitigate these
safety risks. See Advisory Circular 91-57, Model Aircraft Operating Standards (June 9,
1981). These operating standards included restricting operations over populated areas,
limiting use of the devices around spectators until after the devices had been flight tested
and proven airworthy; restricting operations to 400 feet above the surface; requiring that
the devices give right of way to, and avoid flying near manned aircraft, and using
observers to assist in operations.
These guidelines were further clarified in 2007, when the FAA issued a policy
statement regarding unmanned aircraft systems (UAS) operations in the NAS. See 72
Fed. Reg. 6689 (Feb. 13, 2007). In this policy statement, the FAA also recognized that
UAS fall within the statutory and regulatory definition of “aircraft” as they are devices
that are “used or [are] intended to be used for flight in the air with no onboard pilot.” Id.;
see also 49 U.S.C. 40102; 14 CFR 1.1. The FAA noted that they can be “as simple as a
remotely controlled model aircraft used for recreational purposes or as complex as
surveillance aircraft flying over hostile areas in warfare.” The FAA then stated its
current policy regarding UAS based on the following three categories: (1) UAS used as
public aircraft; (2) UAS used as civil aircraft; and (3) UAS used as model aircraft.
With respect to UAS used as model aircraft, the FAA reiterated the operating
guidelines in AC 91-57, and further noted that to qualify as a model aircraft, the aircraft
would need to be operated purely for recreational or hobby purposes, and within the
visual line of sight of the operator. The policy statement also clarified that AC 91-57
applied only to modelers and “specifically excludes its use by persons or companies for
business purposes.” 72 FR at 6690.
II. Requirements to Qualify as a Model Aircraft under the FAA Modernization and
Reform Act of 2012 (P.L. 112-95, section 336).
A. Statutory Requirements
On February 14, 2012, the President signed into law the FAA Modernization and
Reform Act of 2012 (P.L. 112-95) (the Act), which established, in Section 336, a “special
rule for model aircraft.” In Section 336, Congress confirmed the FAA’s long-standing
position that model aircraft are aircraft. Under the terms of the Act, a model aircraft is
defined as “an unmanned aircraft” that is “(1) capable of sustained flight in the
atmosphere; (2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.” P.L. 112-95, section 336(c). Congress’
intention to define model aircraft as aircraft is further established by section 331(8) of the
Act, which defines an unmanned aircraft as “an aircraft that is operated without the
possibility of direct human intervention from within or on the aircraft.” Congress’
definition of model aircraft is consistent with the FAA’s existing definition of aircraft as
“any contrivance invented, used, or designed to navigate, or fly in, the air.” 49 U.S.C.
40102; see also 14 C.F.R. 1.1. Although model aircraft may take many forms, at a base
level model aircraft are clearly “invented, used, or designed” to fly in the air. Id.
Section 336 also prohibits the FAA from promulgating “any rule or regulation
regarding a model aircraft, or an aircraft being developed as a model aircraft” if the
following statutory requirements are met:
• the aircraft is flown strictly for hobby or recreational use;
• the aircraft is operated in accordance with a community-based set
of safety guidelines and within the programming of a nationwide
community-based organization;
• the aircraft is limited to not more than 55 pounds unless otherwise
certified through a design, construction, inspection, flight test, and
operational safety program administered by a community-based
organization;
• the aircraft is operated in a manner that does not interfere with and
gives way to any manned aircraft; and
• when flown within 5 miles of an airport, the operator of the aircraft
provides the airport operator and the airport air traffic control
tower … with prior notice of the operation….
P.L. 112-95, section 336(a)(1)-(5).
Thus, based on the language of the statute, we conclude that aircraft that meet the
statutory definition and operational requirements, as described above, would be exempt
from future FAA rulemaking action specifically regarding model aircraft. Model aircraft
that do not meet these statutory requirements are nonetheless unmanned aircraft, and as
such, are subject to all existing FAA regulations, as well as future rulemaking action, and
the FAA intends to apply its regulations to such unmanned aircraft.
B. Model Aircraft Must Meet the Criteria in Section 336 to Be Exempt from Future
Rulemaking
Congress directed that the FAA may not “promulgate any rule or regulation
regarding a model aircraft, or an aircraft being developed as a model aircraft” if the
aircraft is being operated, or being developed to be operated, pursuant to the five criteria
enumerated in the statute as described above. P.L. 112-95, section 336(a). In other words,
Congress has restricted the FAA from promulgating regulations, from the date when the
statute was enacted, specifically regarding model aircraft that meet the terms of the
statute.
However, the prohibition against future rulemaking is not a complete bar on
rulemaking that may have an effect on model aircraft. As noted above, the rulemaking
limitation applies only to rulemaking actions specifically “regarding a model aircraft or
an aircraft being developed as a model aircraft.” P.L. 112-95, section 336(a). Thus, the
rulemaking prohibition would not apply in the case of general rules that the FAA may
issue or modify that apply to all aircraft, such as rules addressing the use of airspace (e.g.,
the 2008 rule governing VFR operations in the Washington, DC area) for safety or
security reasons. See 73 FR 46803. The statute does not require FAA to exempt model
aircraft from those rules because those rules are not specifically regarding model aircraft.
On the other hand, a model aircraft operated pursuant to the terms of section 336 would
potentially be excepted from a UAS aircraft certification rule, for example, because of the
limitation on future rulemaking specifically “regarding a model aircraft, or an aircraft
being developed as a model aircraft.” P.L. 112-95, section 336(a). The FAA interprets the
section 336 rulemaking prohibition as one that must be evaluated on a rule-by-rule basis.
Although the FAA believes the statutory definition of a model aircraft is clear,
the FAA provides the following explanation of the meanings of “visual line of sight” and
“hobby or recreational purpose,” terms used in the definition of model aircraft, because
the FAA has received a number of questions in this area.
By definition, a model aircraft must be “flown within visual line of sight of the
person operating the aircraft.” P.L. 112-95, section 336(c)(2).
1
Based on the plain
language of the statute, the FAA interprets this requirement to mean that: (1) the aircraft
must be visible at all times to the operator; (2) that the operator must use his or her own
natural vision (which includes vision corrected by standard eyeglasses or contact lenses)
to observe the aircraft; and (3) people other than the operator may not be used in lieu of
the operator for maintaining visual line of sight. Under the criteria above, visual line of
sight would mean that the operator has an unobstructed view of the model aircraft. To
ensure that the operator has the best view of the aircraft, the statutory requirement would
preclude the use of vision-enhancing devices, such as binoculars, night vision goggles,
powered vision magnifying devices, and goggles designed to provide a “first-person
view” from the model.
2
Such devices would limit the operator’s field of view thereby
1
For purposes of the visual line of sight requirement, “operator” means the person manipulating the model
aircraft’s controls.
2
The FAA is aware that at least one community-based organization permits “first person view” (FPV)
operations during which the hobbyist controls the aircraft while wearing goggles that display images
transmitted from a camera mounted in the front of the model aircraft. While the intent of FPV is to provide
reducing his or her ability to see-and-avoid other aircraft in the area. Additionally, some
of these devices could dramatically increase the distance at which an operator could see
the aircraft, rendering the statutory visual-line-of-sight requirements meaningless.
Finally, based on the plain language of the statute, which says that aircraft must be
“flown within the visual line of sight of the person operating the aircraft,” an operator
could not rely on another person to satisfy the visual line of sight requirement. See id.
(emphasis added). While the statute would not preclude using an observer to augment the
safety of the operation, the operator must be able to view the aircraft at all times.
The statute requires model aircraft to be flown strictly for hobby or recreational
purposes. Because the statute and its legislative history do not elaborate on the intended
meaning of “hobby or recreational purposes,” we look to their ordinary meaning and also
the FAA’s previous interpretations to understand the direction provided by Congress.3
A
definition of “hobby” is a “pursuit outside one’s regular occupation engaged in especially
for relaxation.” Merriam-Webster Dictionary, available at www.merriam-webster.com
(last accessed June 9, 2014). A definition of recreation is “refreshment of strength and
spirits after work; a means of refreshment or diversion.” Id. These uses are consistent
with the FAA’s 2007 policy on model aircraft in which the Agency stated model aircraft
a simulation of what a pilot would see from the flight deck of a manned aircraft, the goggles may obstruct an operator’s
vision, thereby preventing the operator from keeping the model aircraft within his or her visual line of sight at all times.
3
In construing statutory language, agencies should assume that the ordinary meaning of the language accurately
expresses the legislative purpose of Congress. Agencies are also permitted to presume that Congress was aware of the
agencies’ administrative or adjudicative interpretations of certain terms and intended to adopt those meanings. See
BedRoc Ltd. v. U.S., 541 U.S. 176, 183 (2004); see also Haig v. Agee, 453 U.S. 280, 300 (1981); Lorillard v. Pons, 434
U.S. 575, 580-81 (1978).
operating guidelines did not apply to “persons or companies for business purposes.” See
72 FR at 6690.4
Any operation not conducted strictly for hobby or recreation purposes could not
be operated under the special rule for model aircraft. Clearly, commercial operations
would not be hobby or recreation flights.5
Likewise, flights that are in furtherance of a
business, or incidental to a person’s business, would not be a hobby or recreation flight.
Flights conducted incidental to, and within the scope of, a business where no common
carriage is involved, generally may operate under FAA’s general operating rules of part
91. See Legal Interpretation to Scott C. Burgess, from Rebecca B. MacPherson, Assistant
Chief Counsel for Regulations (Nov. 25, 2008). Although they are not commercial
operations conducted for compensation or hire, such operations do not qualify as a hobby
or recreation flight because of the nexus between the operator’s business and the
operation of the aircraft. See, e.g., Legal Interpretation to BSTC Corporation, from
Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (June 22, 2009)
(noting transportation of mining employees and guests appears to be incidental to and
within scope of operator’s geological business); Legal Interpretation to Scott C. Burgess
(Nov. 25, 2008) (noting transportation of automotive dealership employees and guests
must be incidental to and within scope of operator’s real estate development business).
4 The FAA has also addressed recreational use of aircraft by pilots in the Sport and Recreational Pilot Certificate rules,
which prohibit those pilots from acting as pilot in command of an airplane carrying passengers or property for
compensation or hire, or in furtherance of a business. 14 CFR 61.101(e), 61.315(c). As discussed in the Sport Pilot
final rule, those prohibitions are designed to limit those pilots to “sport and recreational flying only.” 69 FR 44772,
44839 (July 27, 2004). 5
A commercial operator is a “person, who, for compensation or hire, engages in the carriage by aircraft in air
commerce of persons or property . . . .” See 14 CFR 1.1. The FAA would therefore not consider a commercial
operation to be “flown strictly for hobby or recreation purposes” because it would be conducted for compensation or
hire.
operating guidelines did not apply to “persons or companies for business purposes.” See
72 FR at 6690.4
Any operation not conducted strictly for hobby or recreation purposes could not
be operated under the special rule for model aircraft. Clearly, commercial operations
would not be hobby or recreation flights.5
Likewise, flights that are in furtherance of a
business, or incidental to a person’s business, would not be a hobby or recreation flight.
Flights conducted incidental to, and within the scope of, a business where no common
carriage is involved, generally may operate under FAA’s general operating rules of part
91. See Legal Interpretation to Scott C. Burgess, from Rebecca B. MacPherson, Assistant
Chief Counsel for Regulations (Nov. 25, 2008). Although they are not commercial
operations conducted for compensation or hire, such operations do not qualify as a hobby
or recreation flight because of the nexus between the operator’s business and the
operation of the aircraft. See, e.g., Legal Interpretation to BSTC Corporation, from
Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (June 22, 2009)
(noting transportation of mining employees and guests appears to be incidental to and
within scope of operator’s geological business); Legal Interpretation to Scott C. Burgess
(Nov. 25, 2008) (noting transportation of automotive dealership employees and guests
must be incidental to and within scope of operator’s real estate development business).
4 The FAA has also addressed recreational use of aircraft by pilots in the Sport and Recreational Pilot Certificate rules,
which prohibit those pilots from acting as pilot in command of an airplane carrying passengers or property for
compensation or hire, or in furtherance of a business. 14 CFR 61.101(e), 61.315(c). As discussed in the Sport Pilot
final rule, those prohibitions are designed to limit those pilots to “sport and recreational flying only.” 69 FR 44772,
44839 (July 27, 2004). 5
A commercial operator is a “person, who, for compensation or hire, engages in the carriage by aircraft in air
commerce of persons or property . . . .” See 14 CFR 1.1. The FAA would therefore not consider a commercial
operation to be “flown strictly for hobby or recreation purposes” because it would be conducted for compensation or
hire.
aeromodeling community within the Unites States; [and] provides its members a
comprehensive set of safety guidelines that underscores safe aeromodeling operations
within the National Airspace System and the protection and safety of the general public
on the ground . . . .” U.S. House, FAA Modernization and Reform Act of 2012,
Conference Report (to Accompany H.R. 658), 112 H. Rpt. 381 (Feb. 1, 2012) (discussion
of special rule for model aircraft). Based on this language, which provides context to
Congress’ use of the term “nationwide community-based organization,” the FAA expects
that model aircraft operations conducted under section 336(a) will be operated according
to those guidelines.
7
Additionally, model aircraft are limited to 55 pounds or less. The statutory
language does not specify whether it applies to 55 pounds unloaded or 55 pounds with
other equipment, payload, or fuel, for example, on the aircraft. The FAA believes that
Congress intended for the 55-pound limit to mean the weight of the aircraft at the time of
the operation. If the weight of the aircraft, alone, was the determining factor then it could
conceivably be loaded with equipment or payload increasing the weight of the aircraft at
time of takeoff well in excess of 55 pounds, thereby increasing the risk of harm should
the operation not proceed as planned. The weight at the time of operation is also
consistent with the FAA’s designation of small or large aircraft which is determined by
an aircraft’s maximum certificated takeoff weight. See, e.g., 14 CFR 1.1 (defining small
and large aircraft). Congress’ recognition of the increased risk posed by heavier aircraft
is demonstrated by the more stringent requirements for aircraft heavier than 55 pounds in
the statute which are discussed below. Accordingly, the FAA interprets this provision to
7
“[C]ommunity-based organizations,” for example, would include groups such as the Academy of Model
Aeronautics and others that meet the statutory definition.
mean the weight of the aircraft at the time of the operation must not exceed 55 pounds,
including the weight of any payload and fuel.
The statute creates an exception for model aircraft that exceed the 55-pound
weight limit if the aircraft is “certified through a design, construction, inspection, flight
test, and operational safety program administered by a community-based organization.”
P.L. 112-95, section 336(a)(3). If a nationwide community-based organization has
provided its members with a set of safety guidelines that define a design, construction,
inspection, flight test, and operational safety program then model aircraft constructed in
accordance with that program may exceed 55 pounds and operate in accordance with
section 336(a).
Model aircraft must not interfere with and must give way to any manned aircraft.
This requirement needs no further explanation, and the FAA would expect that model
aircraft operators abide by it.
8
We note that model aircraft interfering with, or that do not
give way to, manned aircraft would be subject to enforcement action under section
336(b), as further explained in section III below.
Finally, the statute sets a requirement for model aircraft operating within 5 miles9
of an airport to notify the airport operator and control tower, where applicable, prior to
operating.10,11 If the model aircraft operator provides notice of forthcoming operations
8
This requirement is consistent with longstanding FAA guidance for model aircraft operators. See AC 91-
57, para. 3 (advising model aircraft operators to “[g]ive right of way to, and avoid flying in the proximity
of, full-scale aircraft.”). 9
For ease of determining distance, the FAA interprets the statute to mean 5 statute miles. 10 This requirement is consistent with longstanding FAA guidance for model aircraft operators. See AC 91-
57, para. 3 (advising model aircraft operators to notify an airport operator, control tower, for flight service
station when planning to operate within three miles of an airport). 11 If a group of modelers intends to operate in one area, one person could contact air traffic control on
behalf of the group. Additionally, consistent with the statute, the FAA encourages operators who fly from
a permanent location within 5 miles of an airport to “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).”
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