[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Pages 36172-36176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14948]
[[Page 36171]]
Vol. 79
Wednesday,
No. 122
June 25, 2014
Part III
Federal Communications Commission
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14 CFR Part 91
Interpretation of the Special Rule for Model Aircraft; Final Rule
Federal Register / Vol. 79 , No. 122 / Wednesday, June 25, 2014 /
Rules and Regulations
[[Page 36172]]
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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.
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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: Effective June 23, 2014. Comments must be received on or before
July 25, 2014.
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: [email protected].
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 U.S.C.
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 FR 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
[[Page 36173]]
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 (Pub. 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 (Pub. 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.'' Public Law 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 CFR 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. . . .
Public Law 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. Public Law 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.'' Public Law 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.'' Public Law 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.'' Public Law 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 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.
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\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 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.
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[[Page 36174]]
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 operating guidelines did not
apply to ``persons or companies for business purposes.'' See 72 FR at
6690.\4\
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\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).
\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).
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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).
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\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.
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To provide guidance, the following are examples of flights that
could be conducted as hobby or recreation flights and other types of
flights that would not be hobby or recreation.
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Hobby or recreation Not hobby or recreation
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Flying a model aircraft at the local model Receiving money for
aircraft club. demonstrating aerobatics
with a model aircraft.
Taking photographs with a model aircraft A realtor using a model
for personal use. aircraft to photograph a
property that he is trying
to sell and using the
photos in the property's
real estate listing.
A person photographing a
property or event and
selling the photos to
someone else.
Using a model aircraft to move a box from Delivering packages to
point to point without any kind of people for a fee.\6\
compensation.
Viewing a field to determine whether crops Determining whether crops
need water when they are grown for need to be watered that are
personal enjoyment. grown as part of commercial
farming operation.
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Operations that meet the section 336 definition of ``model
aircraft'' must also meet the five additional criteria for model
aircraft established in section 336(a) to be exempt from future
rulemaking regarding model aircraft. These criteria, with the exception
of the hobby and recreation standard that was previously addressed, are
explained below.
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\6\ If an individual offers free shipping in association with a
purchase or other offer, FAA would construe the shipping to be in
furtherance of a business purpose, and thus, the operation would not
fall within the statutory requirement of recreation or hobby
purpose.
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Section 336(a)(2) requires model aircraft to be operated within a
community-based set of safety guidelines and within the programming of
a nationwide community-based organization. Congress explained that it
intended ``nationwide community-based organization'' to mean, in part,
a ``membership based association that represents the 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\
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\7\ ``[C]ommunity-based organizations,'' for example, would
include groups such as the Academy of Model Aeronautics and others
that meet the statutory definition.
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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
[[Page 36175]]
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 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.'' Public Law 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.
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\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.'').
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Finally, the statute sets a requirement for model aircraft
operating within 5 miles \9\ 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 which are then not authorized
by air traffic or objected to by the airport operator, the FAA expects
the model aircraft operator will not conduct the proposed flights. The
FAA would consider flying model aircraft over the objections of FAA air
traffic or airport operators to be endangering the safety of the NAS.
Additionally, we note that following this 5-mile notification procedure
would be read in conjunction with FAA rules governing airspace usage
discussed below.
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\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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III. Scope of FAA's Enforcement Authority
As discussed above, if a model aircraft is operated consistently
with the terms of section 336(a) and (c), then it would not be subject
to future FAA regulations regarding model aircraft. However, Congress
also recognized the potential for such operations to endanger other
aircraft and systems of the NAS. Therefore, it specifically stated that
``[n]othing in this section shall be construed to limit the authority
of the Administrator to pursue enforcement action against persons
operating model aircraft who endanger the safety of the national
airspace system.'' Public Law 112-95, section 336(b).
Through this language, Congress specifically recognized the FAA's
existing authority to take enforcement action to protect the safety of
the NAS.\12\ Moreover, it did not limit the FAA's authority to take
enforcement action where a violation of a regulation results in the
endangerment of the NAS. As demonstrated by the FAA's statutory and
regulatory authorities, our charge to protect the safety of the NAS is
not only intended to protect users of the airspace, but is also
intended to protect persons and property on the ground.\13\
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\12\ The NAS is broadly described as ``the common network of
U.S. airspace; air navigation facilities, equipment and services,
airports or landing areas; aeronautical charts, information and
services; rules, regulations and procedures, technical information,
and manpower and material. Included are system components shared
jointly with the military.'' See FAA Aeronautical Information Manual
(Apr. 3, 2014), available at http://www.faa.gov/air_traffic/publications/media/AIM_Basic_4-03-14.pdf.
\13\ See 49 U.S.C. 40103(b)(2) (authorizing the FAA to prescribe
air traffic regulations to protect people and property on the
ground); Adm'r v. Johnson, NTSB Order No. EA-1008, 1977 WL 22279 at
*2 (May 10, 1977) (recognizing FAA authority to promulgate
regulations to protect persons and property on the ground); Adm'r v.
Page, NTSB Order No. EA-2786, 1988 WL 250725 at *3 (July 19, 1988)
(finding FAA's rulemaking and enforcement authority extends to areas
away from runways and taxiways--in this case the ramp of a fixed
base operator).
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For example, the FAA regulates low-altitude operations to protect
people and property on the ground. The FAA permits aircraft operations
below 500 feet when flown over open water and in sparsely populated
areas. 14 CFR 91.119(c). Such operations may not be conducted ``closer
than 500 feet to any person, vessel, vehicle, or structure.'' Id.
Therefore, although such low-altitude operations may pose a lower risk
to aircraft flying much higher, the operation may still pose a risk to
persons and property on the ground warranting enforcement action when
conducted unsafely. See, e.g., Adm'r v. Kachalsky, NTSB Order No. EA-
4847, 2000 WL 1072332 (July 24, 2000) (affirming a violation of Sec.
91.119(c) for operating within 500 feet of a dwelling in a sparsely
populated area); Adm'r v. Beissel, NTSB Docket No. SE-19436, 2013 WL
7809754 (Dec. 11, 2014) (ordering suspension of a pilot certificate
when pilot flew a helicopter less than 40 feet above the surface of a
lake).
Reading the broad reference to the NAS, along with Congress' clear
interest in ensuring that model aircraft are safely operated, we
conclude that Congress intended for the FAA to be able to rely on a
range of our existing regulations to protect users of the airspace and
people and property on the ground. Therefore, regardless of whether a
model aircraft satisfies the statutory definition and operational
requirements described above, if the model aircraft is operated in such
a manner that endangers the safety of the NAS, the FAA may take
enforcement action consistent with Congress' mandate.
IV. Examples of Regulations That Apply to Model Aircraft
The FAA could apply several regulations in part 91 when determining
whether to take enforcement action against a model aircraft operator
for endangering the NAS. The FAA's general operating and flight rules
are housed in part 91 of the FAA's regulations. These rules are the
baseline rules that apply to all aircraft operated in the United States
with limited exceptions,\14\ and are the appropriate rules to apply
when evaluating model aircraft operations. See 14 CFR 91.1.
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\14\ Part 91 does not apply to moored balloons, kites, unmanned
rockets, and unmanned free balloons, and ultralights vehicles
operated under 14 CFR parts 101 and 103.
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Rules relevant to these operations fall generally into three
categories: (1) How the aircraft is operated; (2) operating rules for
designated airspace; and, (3) special restrictions such as temporary
flight restrictions (TFRs) and notices to airmen (NOTAMs). These rules
are discussed in greater detail below.
Rules addressing operation of the aircraft may include prohibitions
on careless or reckless operation and dropping objects so as to create
a hazard
[[Page 36176]]
to persons or property. See 14 CFR 91.13 through 91.15. Additionally,
Sec. 91.113 establishes right-of-way rules for converging
aircraft.\15\ Model aircraft that do not comply with those rules could
be subject to FAA enforcement action.
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\15\ Additionally, model aircraft must not interfere with and
must always give way to any manned aircraft. Section 336(a)(4).
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Rules governing operations in designated airspace are found in
Sec. Sec. 91.126 through 91.135. In general, those rules establish
requirements for operating in the various classes of airspace, and near
airports in non-designated airspace to minimize risk of collision in
higher traffic airspace. Generally, if an operator is unable to comply
with the regulatory requirements for operating in a particular class of
airspace, the operator would need authorization from air traffic
control to operate in that area. See, e.g., 14 CFR 91.127(a),
91.129(a). Operations within restricted areas designated in part 73
would be prohibited without permission from the using or controlling
agency. Accordingly, as part of the requirements for model aircraft
operations within 5 miles of an airport set forth in section 336(a)(4)
of Public Law 112-95, the FAA would expect modelers operating model
aircraft in airspace covered by Sec. Sec. 91.126 through 91.135 and
part 73 to obtain authorization from air traffic control prior to
operating.
The third category of rules relevant to model aircraft operations
are rules relating to operations in areas covered by temporary flight
restrictions and NOTAMs found in Sec. Sec. 91.137 through 91.145. The
FAA would expect that model aircraft operations comply with
restrictions on airspace when established under these rules.
Other rules in part 91, or other parts of the regulations, may
apply to model aircraft operations, depending on the particular
circumstances of the operation. The regulations cited above are not
intended to be an exhaustive list of rules that could apply to model
aircraft operations. The FAA anticipates that the cited regulations are
the ones that would most commonly apply to model aircraft operations.
Issued in Washington, DC, on June 18, 2014.
Michael P. Huerta,
Administrator.
[FR Doc. 2014-14948 Filed 6-23-14; 4:15 pm]
BILLING CODE 4910-13-P