RCU Forums - View Single Post - FAA intentionaly hyping up Drone News. AMA needs to go to WAR!
Old 07-29-2014, 09:46 AM
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phlpsfrnk
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Originally Posted by Sport_Pilot
That is a NOTAM. Notice to airmen. They are actually only menat for certified pilots. It says nothing about model aiplanes or sUAV. The TFR's for Presidential visits are issued in newspapers, TV, AMA, etc, and specifically says it includes model aircraft.
Really!
"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"

Nothing in the TFR specifies man carring aircraft, it states all aircraft. The intent is pretty clear. Please note [4910-13] 14 CFR Part 91 [Docket No. FAA-2014-0396] is a Notice of Intepretation with Request for Comment. It does not say proposed.


Frank

Last edited by phlpsfrnk; 07-29-2014 at 09:49 AM. Reason: spelling