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Old 01-11-2020, 06:41 AM
  #71  
RCUer75345
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"First, I do not see how the FRIA thing will survive a court challenge for it conditions a privilege in PUBLIC airspace on membership in one or more PRIVATE dues collecting organizations.”

Please cite NPRM language supporting this contention. While only a CBO can request a FRIA, ANYONE "following the safety programming of a CBO" can legally use it.

"Second, FAAs rule did not consider the $75 annual membership and additional local club membership annual costs in their financial impact analysis. "

The FAA might quite reasonably assume that CBO members requesting establishment of a FRIA were -- wait for it -- ALREADY paying dues! So there is no additional cost.

"Third, I cannot see how a fixed site can define its airspace as anything but the lateral limits of land they own or lease for exclusive use. To allow otherwise (larger lateral limits) would be a “take” of airspace for exclusive use."

FRIAs are zones in the airspace, not real estate. The FAA and predecessor organizations have had the power to regulate airspace use since the 1920's. The airspace was "taken" long ago.

"Fourth, as using an FRIA is conditioned on membership in a PRIVATE dues collecting organization, what due process rights under FARs if the CBO or club refuses to let someone join or fly?"

Irrelevant, see first point.

"Fifth. What about fixed sites that are closed to specific types of sUAS?"

What about them? Does that justify banning all the others? Does everyone have to be miserable because a few people are miserable?

Instead of filing your lawsuit, why don't you redirect your efforts toward establishing a new CBO? The trouble and expense will probably be comparable, and you'd be doing something constructive.