Government Affairs Update, March 20, 2019

Federal Issues

Earlier this month, the AMA Government Affairs team met with Congressional members and staff from Indiana, Texas, Alaska, Louisiana, Virginia, Oregon, Massachusetts, Arizona, Missouri, and Washington. We also had meetings with the House Transportation Committee, Senate Commerce Committee, the FAA, and various media outlets who wanted to sit down with AMA to discuss the impact of new federal regulations. These meetings will help our long-standing hobby as we begin to work through the implementation of Section 349 with the FAA.

State & Local Issues

To date, we have tracked and monitored nearly 270 proposed state level legislation in 2019, as local governments look to restrict unmanned aircraft systems (UAS) due to privacy and safety concerns. One such problematic bill in New Jersey (A 2880) seeks to require geofencing on all unmanned aircraft sold or operated in the state. At this point, we do not expect this bill to gain support, but our New Jersey members should continue to monitor email in case we need to call upon our members to engage.

We have also been in contact with local lawmakers in North Carolina, South Dakota, and Oklahoma to offer resources and help shape burdensome city ordinances. If you hear of any proposed problematic legislation in your area, please reach out to our government affairs team at amagov@modelaircraft.org.

FAA Registration and External Marking

On February 15, 2019 the FAA posted a rule in the Federal Register requiring all unmanned aircraft owners to display their FAA registration number on an outside of the aircraft. UAS operators may no longer place registration numbers in an interior compartment of the aircraft. The rule went into effect on February 25, 2019. In response to this Interim Final Rule, AMA submitted a public comment you can read in full here.

We continue to receive a lot of questions regarding FAA registration requirements and how to renew current registrations. If you were already registered with the FAA and never requested to have the registration reversed, your registration was automatically extended through December of 2020.

Go to https://faadronezone.faa.gov/#/ and click “Log In” in the upper right-hand corner. Use the email address you originally registered with to login. If you do not recall your password, click on the “Forgot Password” link. You’ll receive an email to walk you through resetting your password. Once in your account, you can print a copy of your UAS certificate.

However, any individual who specifically requested that his or her name be taken off the FAA registration database no longer has an FAA registration number in the system and would need to process as a new registrant.

We strongly advise to avoid registering your model aircraft anywhere but at the official FAA website. If you register under Section 336, the fee is $5.00 for a three year registration and hobbyists receive one identification number for all the aircraft he or she owns. Please be aware of unofficial registration websites that charge exorbitant fees or require separate registration fees for each recreational aircraft.

Please contact our government affairs team at 765-287-1256 ext 236 or amagov@modelaircraft.org with any additional questions or concerns. The latest information can be found at www.modelaircraft.org/gov, Model Aviation, and on social media.

As always, thank you for all of your support!

AMA Government Affairs Team

External Marking Requirement for FAA Registration

On February 15, 2019 the FAA posted a rule in the Federal Register requiring all unmanned aircraft owners to display their FAA registration number on an outside of the aircraft. UAS operators may no longer place registration numbers in an interior compartment of the aircraft.

The rule went into effect on February 25, 2019. In response to this Interim Final Rule, AMA submitted the following public comment:

The Academy of Model Aeronautics (AMA) represents nearly 200,000 model aircraft hobbyists across the country. Founded in 1936, we are the nation’s largest organization representing those who fly model aircraft for recreational and educational purposes. For years, our National Model Aircraft Safety Code has been recognized by Congress, as well as state legislatures, as a safe and effective means of managing model aircraft hobbyists. Our members know where, when and how to fly safely and they do not pose any new risk to the airspace.

Since 2015, we have participated in the Federal Aviation Administration’s (FAA) efforts to establish a registration rule for small unmanned aircraft systems (UAS). We have long held that federal registration of UAS makes sense at an appropriate threshold of weight, capability and other safety-related characteristics. However, we continue to believe that federal registration should not apply at such a low threshold that it includes toys. Most importantly, it should not burden model aircraft hobbyists who have operated harmoniously and safely in our nation’s skies for decades.

AMA members already comply with AMA’s own registration system. When joining AMA, members provide personal identification and contact information, and affirm that they will abide by AMA’s safety guidelines. Members are instructed to place their membership number or their name and address on or within their aircraft. Over the years, this has proven to be an effective means of linking and identifying the owner-operator of a model aircraft to his or her platform.

Although the interim final registration rule is duplicative for AMA members, we have complied. Most AMA members already have their FAA registration number posted on the outside of their aircraft. Unfortunately, for some of our members, including the small percentage of AMA members who fly scale replica model aircraft, the interim final registration rule creates a significant burden. For these AMA members, affixing an FAA registration number on the external surface of the aircraft diminishes the accuracy of the scale replica model. The accuracy of the model is critical because it is the primary factor by which these models are judged in competitions nationally and globally.

AMA understands and appreciates the intent behind the interim registration rule’s requirement to affix the FAA number on the outside of the aircraft. In no way do we want to create safety risks for law enforcement officials or first responders who might be tasked with opening a compartment on a model aircraft to find a registration number. However, we do not believe that model aircraft create any new risk.

Given the relatively small number of scale replica in the airspace today, we urge the FAA to consider a waiver process for our niche community of responsible hobbyists who have been flying safely for years. Just as in the full-scale aviation community, there are exceptions to exterior aircraft marking. A waiver process will ensure that passionate and law-abiding scale replica modelers have an opportunity to continue their beloved hobby without interference.

We look forward to continuing to work closely with the FAA regarding recreational small UAS operating requirements. As always, we are committed to ensuring the safety of our nation’s skies for all.

In a June 5, 2018 Federal Communications Commission (FCC) Enforcement Advisory, the Enforcement Bureau cites an increase in websites that market and sell noncompliant radio accessories, particularly audio/video (AV) transmitters. AV transmitters require FCC certification to show compliance, unless they are only capable of operating on a frequency allocated for use by amateur licensees. If a transmitter is capable of exceeding the amateur frequency and power limits, it is illegal to operate in the U.S. Even if the device operates exclusively within the amateur parameters, the operator must comply with all FCC rules and is required to obtain an amateur license.

What does this mean for you?

Consumers purchasing radio frequency devices need to look for those labeled as FCC Part 15 compliant. Keep in mind, radio equipment designed for use on amateur frequencies does not have to be certified and labeled by the FCC and is legal for use in the U.S., but you must have an amateur license to use such equipment. In particular, when making purchases from international retailers, be vigilant on the capabilities and specifications of transmitters. Radio equipment manufactured for use elsewhere may not meet FCC regulations. The following frequencies in the Amateur Radio Band are some typically used by modelers to control the aircraft:

• 50 MHz (CH01–CH09)
• 53 MHz (53.000 MHz–53.900 MHz)

Typical FPV video transmitters operating on:

• 5.8 GHz (5.650 GHz–5.925 GHz)

AMA Document 590  and a recent Model Aviation article by AMA Flying Site Coordinator Tony Stillman provide additional guidance for FCC regulations and model aircraft.

We will let you know any additional information as it becomes available.  In the meantime, please reach out to us at 765-287-1256 if you have any questions or concerns.

Sincerely,

AMA Government Affairs Team

Additional Resources:

U.S. Frequency Allocations

U.S. Amateur Radio Bands

The AMA Government Affairs team continues its work in Washington, D.C. to represent and protect our hobby. We want to share with you more information about our activities in recent weeks.

As the Senate prepares to focus on FAA reauthorization legislation, members of our team have conducted numerous meetings with senators and staff sharing the importance of the Special Rule for Model Aircraft (Section 336). These Senate meetings have allowed us to build upon the positive language in the House bill to further strengthen and protect model aviation. As the language for Section 336 progresses, we will continue to meet with legislators and stakeholders to advocate for our members. If the Senate moves forward with a bill, we anticipate it may happen before the July 4th holiday. Once a Senate bill is introduced, it and the House bill will go to a conference committee who will reintroduced a combined bill for a final vote before September.

This year, we have seen fewer problematic bills proposed in state legislations, as state representatives are becoming familiar with our hobby and reach out to us for guidance. We have engaged with legislators in various states regarding eighteen proposed bills, most recently in Ohio. As introduced, House Bill 685 would further restrict the airspace and impose record keeping requirements that would burden unmanned aircraft system (UAS) retailers and operators. Our team has been in contact with the bill’s sponsor and will continue to engage with Ohio legislators as the bill goes through committee. We are optimistic that we will be able to shape this legislation, ultimately removing restrictions that could impact our members.

We are also excited to share news from the state of Pennsylvania. Our team was recently contacted by members in the Chambersburg, Pennsylvania area concerning a proposed ban on UAS in public parks. We immediately went to work and contacted the town council with our concerns. Fortunately, the council took the time to listen to our message and to local members that attended the meeting. The Chambersburg Borough Council voted unanimously to table the recommendation indefinitely and have no plans to address this matter in the future.

As always, we will continue our work to educate state and local legislators to protect model aviation. We appreciate all of our members for your support of these efforts. If legislation is introduced in your state or city, please let us know by contacting Government Affairs at 765-287-1256.

We will also provide additional updates and progress reports on the Special Rule for Model Aircraft in FAA reauthorization legislation. The most current information is available on our website at modelaircraft.org/gov and we encourage you to reach out with any questions. In the coming weeks, we may ask for your help to engage with your lawmakers on the importance of the hobby, so please continue to monitor your emails and social media.

You may have heard about a recently proposed rule that would require small UAS operators to display their FAA registration number on the outside of their aircraft. This would be a change from the current rule, which allows for registration numbers to be placed inside battery compartments or other internal areas of the aircraft.

The proposed rule is still in early stages and is not final at this time. The AMA Government Affairs team is working to learn more about the specifics of the proposal and identify a path forward for those this rule may affect.

As we find out more details about the proposed rule, we will keep you updated. Please continue to monitor your emails, social media and www.modelaircraft.org/gov for the latest information.

Over the past few months, the AMA Government Affairs Team has been hard at work at the federal, state and local level to protect and preserve our longstanding hobby. Just last month, the House of Representatives passed its version of the FAA Reauthorization Act of 2018. While much of what we fought for was included in this bill – including the preservation of Section 336, also known as the Special Rule for Model Aircraft — there are also some provisions in the bill that concern us and would create further ambiguity for the recreational community. Our team has been busy preparing for the next step in the legislative process.

We want to thank the thousands of AMA members who participated in our “Call to Action” in April to let Congress know about the importance of protecting our hobby. Your efforts during this critical time made a significant impact, and we appreciate your support.

Here is a glimpse at some of our most recent activities:

Federal Government Relations

Our team has attended several meetings with legislators on protecting the Special Rule for Model Aircraft as the Senate prepares its own version of the FAA reauthorization bill. In addition, we met with stakeholders in the manned and unmanned aircraft communities to gather support for our hobby. Moving forward, we will continue to work with Congress on a long-term reauthorization bill that will strengthen the Special Rule for Model Aircraft and affirm the role of community-based organizations in managing the model aircraft community.

We also recently met with the U.S. Army Corps of Engineers (USACE) to discuss possible solutions for eight of our clubs that have lost flying sites on USACE maintained properties.

State and Local Government Relations

At the local level, AMA continues to engage with legislators on problematic bills in various states. Recently, we have reached out to local communities in Oceanside, California and Greenwood Village, Colorado to assist with legislative issues. We also provided guidance to the National Institute of Health (NIH) in Bethesda, Maryland to help draft a practical UAS ordinance.

Other Recent Activities

In April, members of AMA’s Government Affairs Team attended the 64th Toledo Show: R/C Model Expo in Toledo, Ohio, North America’s largest and longest running R/C model expo. The team spoke with AMA members about flying model aircraft safely and answered questions regarding the latest on federal, state and local regulations.

In addition, AUVSI held their annual XPONENTIAL show May 1-3 at the Colorado Convention Center in Denver, Colorado. While there, the AMA team engaged with industry stakeholders concerning the latest innovations and discussed how to safely integrate UAS into the national airspace.

As part of International Drone Day, the Minnesota Department of Transportation held their first annual Minnesota Drone Day in partnership with the Federal Aviation Administration and the Minnesota Drone Advocacy Council. AMA President Rich Hanson spoke at the event, providing information to the community on the latest drone regulations.

As the FAA reauthorization legislative process progresses, it is important to remember that it may take months for Congress to arrive at a consensus. We may ask for your help to alert lawmakers on the importance of the hobby during this time, so please continue to monitor your emails, social media and modelaircraft.org/gov for the latest information. You can view how legislation that includes the Special Rule for Model Aircraft is moving through Congress here.

Today, the House of Representatives passed the FAA Reauthorization Act of 2018 (H.R.4), a long-term reauthorization of the FAA. We are happy to share that Section 336, also known as the Special Rule for Model Aircraft, is included in this bill with meaningful refinements that we supported to help make it stronger. We especially want to thank the thousands of members who participated in our Call to Action in the last few weeks to let Congress know the importance of protecting our hobby. Your efforts during this critical time have made a significant impact.

While much of what we fought for was included in this bill, there are also some provisions that concern us. Rest assured – we will continue to work on improving FAA Reauthorization moving forward. Protecting our hobby is AMA’s top priority and we will do everything possible to ensure your ability and freedom to fly.

Please remember there are several more steps in the process before FAA Reauthorization becomes law. The next step is for the Senate to consider its own version of FAA Reauthorization, and then both the House and Senate bills will be sent to a Joint Committee to hash out a final version of the legislation. This process could take months and we may ask for your help again during this time.

Again, we cannot thank you enough for your unwavering support. Please continue to monitor your emails, social media, and www.modelaircraft.org/gov for new information and ways you can help.

We wanted to make you aware that the U.S. Department of Homeland Security (DHS) recently contacted AMA concerning the use of nitromethane in gas-powered model aircraft. DHS regulates security at high-risk chemical facilities under the Chemical Facility Anti-Terrorism Standards (CFATS) program, which works to reduce the security risks associated with certain chemicals that DHS has labeled “chemicals of interest.”

Nitromethane, which is used as a fuel additive in some radio control, control line and free flight model aircraft, has been identified by DHS as a “chemical of interest” and an Improvised Explosive Device (IED) precursor chemical. Nitromethane can be dangerous when used inappropriately; for example, it was used in the terrorist truck bombing in Oklahoma City, OK in 1995.

There is concern extremist groups could use nitromethane to inflict harm and cause serious damage, so we ask our members to be vigilant and help identify any unusual behavior.  If there is immediate danger, call 911; otherwise contact DHS at 877-394-4347. Any individual or facility that possesses 400 lbs., approximately 42 gallons, or more of nitromethane must report their chemical holdings to DHS within 60 days by filing a Top-Screen survey. If you currently possess this amount of nitromethane, you must report your chemical holdings immediately. If you purchase this amount of nitromethane in the future, you must report it to DHS. How do I report to DHS?

Thank you for all you do to protect our longstanding hobby, including complying with processes like those outlined above. If you have any questions or concerns, please contact the AMA Government Affairs team at 800-435-9262.

AMA’s number one priority is the safety of our nation’s skies. Through Section 336, AMA safely manages 200,000 members – as the organization has done for more than eighty years – freeing up scarce FAA resources to advance commercial drone regulations and other priorities. At the same time, AMA lends its safety expertise to the broader drone community through efforts such as Know Before You Fly.

Even with AMA managing a portion of the recreational community and funding broader educational efforts, the FAA is still under-resourced to handle the growing surge in commercial drones, Part 107 waiver requests and future rulemakings. Eliminating Section 336 will exacerbate the demand on the agency’s resources, which may have implications for the commercial drone industry and the safety of our skies. Public-private partnerships with experienced community-based organizations like AMA, which are facilitated by Section 336, can be helpful in alleviating strain on the FAA and enhance safety.

Furthermore, model aviation enthusiasts have been the cradle of innovation for both the manned and unmanned communities for decades. Many mistakenly believe drones are a recent innovation. To the contrary – the AMA community has helped to develop and advance the platform since the 1930s. Even today, as drone technology continues to improve, modelers are dreaming up new ways to apply and use this technology every day. 336 not only allows aviation innovation to continue, but does so under the time-tested guidance of the AMA. Imagine a world where a young Steve Jobs or Henry Ford were restricted from tinkering in their garage. A repeal of Section 336 would be a devastating blow to innovation.

We recognize some tweaks to Section 336 may be needed to clarify who the provision does and does not cover. We also recognize that remote identification requirements make sense at an appropriate threshold of weight and capability, such as for more sophisticated drones. That’s why we are actively working with Congress, the manned aviation community and the UAS industry on policy solutions to these challenges within the framework of Section 336.

While we support commercial drone endeavors, Congress should not allow for-profit companies to dictate legislation abolishing a segment of the hobby with a strong, eighty-plus year safety record. We need to advance drone deliveries in such a way that manned aircraft, commercial drone operators and hobbyists all operate safely and harmoniously together, as manned aviation and model aviation have done for decades. No one group has a greater claim to the nation’s airspace than any other.

We wanted to share with you a bit of what the AMA Government Affairs team has been up to over the past few weeks, including recent outreach and at the federal, state and local level to advocate for and protect our hobby.

Federal Government Relations

This month, our team attended several meetings with legislators to help Congress strengthen and protect the Special Rule for Model Aircraft. On March 23, President Trump signed the omnibus spending bill into law, which includes a six-month extension of the Federal Aviation Administration’s (FAA) authorization. This extension provides vital continuity for the aviation community, including those who fly with AMA. We continue to work with Congress on a long-term reauthorization bill that will strengthen the Special Rule and affirm the role of community-based organizations.

State and Local Government Relations

At the local level, AMA continues to engage with legislators on 17 problematic bills in various states. Over the past few months, we have helped various local communities resolve legislative issues:

• New York: We have contacted council members in Nichols, NY to voice AMA’s opposition regarding a restrictive ordinance.
• California: The team has been particularly active in California, reaching out to community leaders in Lodi and Sausalito to offer guidance and resources on a proposed ordinance.
• New Jersey: AMA has contacted legislators in opposition to several proposed local bills.

Other Recent Activities

In February, members of AMA’s Government Affairs Team attended AMA Expo East in Secaucus, New Jersey and shared information with AMA members on flying model aircraft safely, developing flying sites and the latest on federal, state and local regulations.

In March, the FAA held its 3^rd annual UAS Symposium at the Baltimore Convention Center in Maryland.  While there, the team engaged with industry stakeholders regarding the latest industry developments, regulations and collaborated on how to safely integrate UAS into our nation’s airspace.

In addition, the AMA Government Affairs team attended the Aerospace and Aviation Days in Sacramento, California to promote the model aviation hobby to the public and state legislators.

For the most current information on all of our government advocacy work, please visit our website www.modelaircraft.org/gov. 

As always, we thank you for all you do to support our longstanding hobby, and we look forward to continuing to work with you in 2018.

Sincerely,
AMA Government Affairs Team