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FAA Issues "Interpretation of the special rule for model aircraft"

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FAA Issues "Interpretation of the special rule for model aircraft"

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Old 08-25-2014, 10:51 AM
  #876  
phlpsfrnk
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Originally Posted by N410DC
I think this is a good point, from a practical standpoint. If an airport operator really wanted to press the issue and ban nearby model aircraft operations, I am sure the FAA would take the airport's side, rather than siding with an AMA club. Granted, this could lead to a legal battle, and there is no way to tell what a Court would ultimately decide. Is anyone aware of any instances where and airport has successfully banned model aircraft operations?
Don't know of any clubs being banned however I am aware of airports requesting changes in operating procedures and operations continuing after the changes were made.

Frank
Old 08-25-2014, 11:57 AM
  #877  
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Originally Posted by N410DC
I think this is a good point, from a practical standpoint. If an airport operator really wanted to press the issue and ban nearby model aircraft operations, I am sure the FAA would take the airport's side, rather than siding with an AMA club. Granted, this could lead to a legal battle, and there is no way to tell what a Court would ultimately decide. Is anyone aware of any instances where and airport has successfully banned model aircraft operations?

Originally Posted by phlpsfrnk
Don't know of any clubs being banned however I am aware of airports requesting changes in operating procedures and operations continuing after the changes were made.

Frank

There was one club a year or two that was shut down in California near LA if I remember right.
Two clubs the AMPS and Sun Vally Flyers in Phoenix have been absolutely limited to 400' max altitude because of an indecent of a 40% just missing a full Scale with an examiner on board at the time. It wasn't the airport or the FAA it was the county because someone went to them and reported the incident and they took the action. These two Fields are on either side of Deer Vally airport in line with the runway at 3 miles and there are 2 flight schools operating out of there and there is quite a bit of traffic.
Old 08-25-2014, 03:58 PM
  #878  
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Originally Posted by bradpaul
According to 20 USCS § 7801(6), the term “community-based organization” means “a public or private nonprofit organization of demonstrated effectiveness that--

(A) is representative of a community or significant segments of a community; and

(B) provides educational or related services to individuals in the community.”


So per 20 USCS § 7801(6), the AMA is a CBO................ I would speculate that as mentioned in a previous post that the FAA lawyers are correct in that they have no statutory authority to approve a CBO. The AMA can self declare itself to be a CBO under US Code and it would be up to the FAA to prove that it is not for the purposes of section 336.
RCU meets that description. It is representative of an aeromodeling community much broader and more inclusive than AMA and provides vastly more educational services to individuals in that community.

I declare that RCU is a CBO for my purposes.....didn't see any requirement for RCU to self declare to make it so, it just is by reason of what it does.

Man, I could warm up up to the notion of multiple CBOs; whole different ball game than THE CBO.

cj
Old 08-25-2014, 04:35 PM
  #879  
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Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA section 336:

In this section the term ``nationwide community-based organization'' is intended to mean a membership based association that represents the aeromodeling community within the United States; 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; develops and maintains mutually supportive programming with educational institutions, government entities and other aviation associations; and acts as a liaison with government
agencies as an advocate for its members
.
I'm not sure RCU meets any of those criteria. But nice try.
Old 08-25-2014, 05:32 PM
  #880  
mongo
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it meets the first one.
2nd can be covered by simply changing a word or 3 in the ama safety code, and issuing it
3rd one is rather vague, and therefore easy to comply" with.
4th, have dinner with a different FAA guy each month.
Old 08-25-2014, 06:36 PM
  #881  
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[QUOTE=Silent-AV8R;11868003]Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA section 336:



I'm not sure RCU meets any of those criteria. But nice try.[/QUOTE]

I think it does. I'd like to find out what the authoritative position on this is, but I appreciate hearing your opinion unsure though it may be. I think either determination would be useful, whether AMA is is the only possible CBO, or not.

Last edited by cj_rumley; 08-25-2014 at 06:38 PM.
Old 08-25-2014, 07:40 PM
  #882  
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Originally Posted by Silent-AV8R
Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA

I'm not sure RCU meets any of those criteria. But nice try.
Interesting......... I went back and re read Public Law 112-95-Feb. 14, 2012 which is the actual FAA Reauthorization Act

http://www.faa.gov/regulations_polic...l95[1].pdf

and did not find the decinition of CBO you posted. Could you provide a link ???

Last edited by bradpaul; 08-25-2014 at 07:47 PM.
Old 08-25-2014, 07:44 PM
  #883  
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I was told that the AMA had filed a lawsuit against the FFA . Has anybody else heard this?
Old 08-25-2014, 07:47 PM
  #884  
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Originally Posted by bradpaul
Interesting......... I went back and re read Public Law 112-95-Feb. 14, 2012 which is the actual FAA Reauthorization Act

http://www.faa.gov/regulations_polic...PLAW-112publ95[1].pdf

and did not find the decinition of CBO you posted. Could you provide a link ???
Oh, it exists, Brad. Search for "U.S. House, FAA Modernization and Reform Act of 2012, Conference Report (to Accompany H.R. 658), 112 H. Rpt. 381 (Feb. 1, 2012)" I don't have link handy.
Old 08-25-2014, 07:53 PM
  #885  
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Originally Posted by WRM
I was told that the AMA had filed a lawsuit against the FFA . Has anybody else heard this?
See post #827 and #833 above and follow the links.
Old 08-25-2014, 08:33 PM
  #886  
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Originally Posted by JohnShe
Well, you are technically correct. But, if an airport does not want you to operate in their vicinity for any reason, they can and will stop you from operating. Therefore, you need permission. I think that permission is implied by the notification requirement. How else could you know that the right person received the notification and that they are truly aware of your operations?




.

Currently a airport can not stop RC flying in their vicinity without a valid reason and I suspect in most cases the airport would have to go to court to even try to do so. Why
would the FAA propose a rule change that would allow any airport to stop RC flying without a reason if they could already do so?
Old 08-25-2014, 11:33 PM
  #887  
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Originally Posted by Silent-AV8R
Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA section 336:

"develops and maintains mutually supportive programming with educational institutions, government entities and other aviation associations; and acts as a liaison with government
agencies as an advocate for its members."

Blah, Blah BS

I'm not sure RCU meets any of those criteria. But nice try.
Hmmm...the government warning us modelers of the adverse relationship and the need for advocacy??? LOL

What a bunch concocted BS AMA hooey put forward to validate itself in 336...For those that may have ever wondered, despite tons of other evidence, what the AMA's true agenda is, it can be garnered in those few self-serving words that most AMAish will proudly buy in to and ever so blindly follow.

One things crystal clear about some people...they truly love being defined... by their idiotic and ever so clueless Con-gress...as they never miss an opportunity to cite some government goofiness to validate their own goofiness...LOL
Old 08-25-2014, 11:38 PM
  #888  
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Originally Posted by WRM
I was told that the AMA had filed a lawsuit against the FFA . Has anybody else heard this?
Apparently that's going down as a fact....now for a little misdirection...We'll see the smoke soon...

Last edited by littlecrankshaf; 08-25-2014 at 11:40 PM.
Old 08-26-2014, 01:28 AM
  #889  
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Originally Posted by WRM
I was told that the AMA had filed a lawsuit against the FFA . Has anybody else heard this?
http://amablog.modelaircraft.org/ama...rpretive-rule/

Frank
Old 08-26-2014, 04:08 AM
  #890  
bradpaul
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Originally Posted by cj_rumley
Oh, it exists, Brad. Search for "U.S. House, FAA Modernization and Reform Act of 2012, Conference Report (to Accompany H.R. 658), 112 H. Rpt. 381 (Feb. 1, 2012)" I don't have link handy.
OK, If it is not in the final bill that became law and was eliminated in conference.
Old 08-26-2014, 05:46 AM
  #891  
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Originally Posted by bradpaul
Interesting......... I went back and re read Public Law 112-95-Feb. 14, 2012 which is the actual FAA Reauthorization Act

http://www.faa.gov/regulations_polic...PLAW-112publ95[1].pdf

and did not find the decinition of CBO you posted. Could you provide a link ???
It's not in the law. According to the FAA interpretation of 336 the FAA found the definition in a conference report and are using that to explain the intent of congress.
Old 08-26-2014, 06:55 AM
  #892  
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Originally Posted by JohnShe
It's not in the law. According to the FAA interpretation of 336 the FAA found the definition in a conference report and are using that to explain the intent of congress.
One problem is that that definition is contrary to the tradition of "community" meaning "local" and sure you could try to stretch "community" into "RC Modelers" but then the slippery slope of just about any group can claim to be a "CBO" for the activity they represent. Nationwide CBO is at it's best an oxymoron.

So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
Old 08-26-2014, 07:18 AM
  #893  
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Originally Posted by bradpaul
One problem is that that definition is contrary to the tradition of "community" meaning "local" and sure you could try to stretch "community" into "RC Modelers" but then the slippery slope of just about any group can claim to be a "CBO" for the activity they represent. Nationwide CBO is at it's best an oxymoron.

So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
In this context I have to agree with AMA in regard to this stated concern: " FAA takes great latitude in determining Congress’ intentions and in
placing tightly worded restrictions through its “plain-language” interpretation of the text."
Old 08-26-2014, 12:25 PM
  #894  
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Originally Posted by bradpaul
One problem is that that definition is contrary to the tradition of "community" meaning "local" and sure you could try to stretch "community" into "RC Modelers" but then the slippery slope of just about any group can claim to be a "CBO" for the activity they represent. Nationwide CBO is at it's best an oxymoron.

So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
Depends on what you mean by community. I thing that we on the RCU forums represent a community of like minded individuals. And we aren't exactly local by any means. However, we don't have an agreed upon safety code so we don't fit the CBO concept for section 336.

The concept of us borrowing the AMA safety code and adopting it for us is about the dumbest thing I ever heard of. Why bother, just let the AMA do all the work for us.
Old 08-26-2014, 01:25 PM
  #895  
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Originally Posted by JohnShe
Depends on what you mean by community. I thing that we on the RCU forums represent a community of like minded individuals. And we aren't exactly local by any means. However, we don't have an agreed upon safety code so we don't fit the CBO concept for section 336.
Who is in agreement with anybody's safety code, and who is required to be in agreement, by whom? I think you know that AMA and FAA are not in agreement, so how does AMA fit the CBO concept of your choosing? For me my desktop PC and iPad are local enough.....the internet alters many old-school definitions and most of us take that in stride.

The concept of us borrowing the AMA safety code and adopting it for us is about the dumbest thing I ever heard of. Why bother, just let the AMA do all the work for us.
No need to take anything from AMA SC........it's for authoritarian minded folks (those that need to be told what to do and those compelled to do the telling) anyway. It's easy enough to construct a SC in a peer group...much harder in a committee answerable to an oligarchy:

*Avoid interfering with navigation of manned aircraft
*Don't fly over people or their things
*Comply with FAA directives restricting flight and/or flight envelopes of your model aircraft as may be promulgated, both standing and temporary

What else does the AMA SC have to do with avoiding conflicts within the spaces FAA is charged with maintaining the safety of navigating in and protecting people on the ground?

Any safety issues particular to a given modeling discipline should be handled within their respective SIGs. That is the way it is done in RCU.
Old 08-26-2014, 01:26 PM
  #896  
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just about every independent gun club in the country does the "borrow" and adopt thing for safety.
and some of us, are not overly satisfied with the results of ama's "work", at least, so far.
Old 08-26-2014, 01:57 PM
  #897  
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Originally Posted by mongo
just about every independent gun club in the country does the "borrow" and adopt thing for safety.
and some of us, are not overly satisfied with the results of ama's "work", at least, so far.
Makes more sense to me than developing safety-related material and protecting it as intellectual property, denying use by non-members for its presumed monetary and anti-competition value (copyrights, hiding it even from their own members). I have little but disgust for the basic moral issues that raises.
Old 08-26-2014, 07:22 PM
  #898  
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Originally Posted by cj_rumley
Makes more sense to me than developing safety-related material and protecting it as intellectual property, denying use by non-members for its presumed monetary and anti-competition value (copyrights, hiding it even from their own members). I have little but disgust for the basic moral issues that raises.
Strange, who does that?
Old 08-27-2014, 10:47 AM
  #899  
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Originally Posted by JohnShe
Strange, who does that?
AFAIK only the ethically-challenged executives of a certain small 501(3)(c) corporation
Old 08-27-2014, 10:57 AM
  #900  
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Originally Posted by cj_rumley
AFAIK only the ethically-challenged executives of a certain small 501(3)(c) corporation
The AMA is a 501 (c)(3) and some clubs are 501 (c) (7). Could you be more specific in your accusation?

Frank


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