Sport, I’ll make two bets; one is you are quite incorrect and two is you won’t. Of course this may get deleted as a “personal attack” as another post did; although in truth its purpose is to counter your insistence on touting misinformation about a subject matter you have obviously long been out of touch with.

You insist on throwing out the FAA Act (1958) as your sole word on FAA authority. Every government agency promulgates rules and/or regulations as provided in their purpose as enacted by Congress. The FAA Act created the agency (administration); however, it is not the only one and all encompassing final word on authority as you describe it. However, there is also much more to it than that and you should read it as it makes for an informative history lesson.

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Airspace, whether controlled or not and whether it is navigable or not, for use by civil (and military) aircraft which are operated by appropriately rated/certificated pilots, is defined/described under Title 14 Code of Federal Regulations (CFR) Part 71. In essence, when not associated with an airport, an airway, an instrument approach segment or extension, special use, restricted use, a military operations area, or a temporary flight restricted area, that airspace is uncontrolled below 1200 feet above ground level (agl). That does not mean it is not “navigable airspace” as you assert. It is navigable because certain aircraft operations are permitted below 1200 feet agl, in fact it is permitted below 1000 feet agl as described in 14 CFR Part 91 (91.119) as long as it does not cause undue hazard to persons or property on the surface.

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14 CFR Part 91, with few exceptions, are the “operating” rules that govern the operation of aircraft within the <st1:country-region w:st="on"><st1lace w:st="on">United States</st1lace></st1:country-region>. Yet it is not even as simple as that. As for the Statue of Liberty, the area is in[/b] the New York Class B airspace designated the “Hudson River and East River Exclusion” The rules for operating an aircraft within it are found in 14 CFR 93, Subpart W.

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You can call the airspace whatever you want wherever you want, there are still rules with respect to what, where, when, and how an aircraft may be operated in that airspace; regardless of whether it is navigable or not. Airspace may be uncontrolled, granted it may even by non-navigable due to obstructions (a windmill farm comes to mind); however that alone does not prevent an individual from having his/her moment of fame in doing what they choose to do. However, if the individual act resulted in an accident, incident, or was reported by the public then most likely an investigation would result and an enforcement sanction pursued if any of that act were contrary to any applicable CFR. That sanction is the part that is open to or subject to interpretation, if that enforcement action goes to legal and potentially results in a certificate action.

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That is perhaps no different from the individual who speeds or drives carelessly and causes an accident. There is typically an ensuing investigation likely resulting in civil actions by the local or state police and the persons injured or whose property was damaged. As the old saying goes, regardless of what agency/administration promulgates it, rules are usually written in the blood of our friends, our parents, our siblings, or worse our sons and daughters.

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As for what happened in NYC, regardless of whether you are pro or con with regard to what the individual did, do you really believe that his actions helped in the least way what is already a difficult proposition with respect to our hobby/sport? Is it any different than a foreigner (or anyone for that matter) coming here and spitting in your face? Yes, I’ve read the thread that he started and he is spitting in your face. Aside from all the drama that has already been discussed, what did it prove? What technical, skillful, scientific, or simple nonsensical achievement was accomplished? It does not take much thought to extract what the underlying notion/motive likely was.

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There are a few thread participants within that I believe understand this and whatever ramifications modeling suffers as a result of pending regulations. My posts have always been in an attempt to point misdirected information in the right, or more right, direction. Since resumes seem to matter; my concern does stem from more than reading threads or blogs on the matter. It comes from 35 plus years in modeling, it comes from 30 years in full scale aviation from the ATP level to the new Sport Pilot level, it comes from 28 active years as an EAA and AOPA member, it comes from an education obtained at ERAU, and it comes from recent participation in sUAS at the FAA regional level.

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We are granted an abundance of civil liberties in this country. My father was a Marine and he reminded me once that our interpretation of these abundant liberties extend only to the tips of our toes and to be careful not to step on some else’s toes. I suppose living and participating in a society like ours is very much like the old Rubic’s cube; it’s frustrating and seemingly impossible at times. Save for the overburdening of governments (local and federal) eventually it gets much less difficult once you know what steps to take.

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