[Note: This post was published after the FAA’s first of two revisions to its “Myth Busting,” page, both of which were made on Saturday, March 8, 2014. The second revision, which was a complete revamp, is not discussed in this post.]
The FAA has revised its “Myth Busting” document today, but the change is really not a change at all. It merely shifted a lie from one section to another.
Myth #3 and the accompanying purported “Fact” had read:
Myth #3: Commercial UAS operations are a “gray area” in FAA regulations.
Fact—There are no shades of gray in FAA regulations. Anyone who wants to fly an aircraft—manned or unmanned—in U.S. airspace needs some level of FAA approval. Private sector (civil) users can obtain an experimental airworthiness certificate to conduct research and development, training and flight demonstrations. Commercial UAS operations are limited and require the operator to have certified aircraft and pilots, as well as operating approval. To date, only two UAS models (the Scan Eagle and Aerovironment’s Puma) have been certified, and they can only fly in the Arctic. Public entities (federal, state and local governments, and public universities) may apply for a Certificate of Waiver or Authorization (COA). The FAA reviews and approves UAS operations over densely-populated areas on a case-by-case basis.
Flying model aircraft solely for hobby or recreational reasons doesn’t require FAA approval, but hobbyists must operate according to the agency’s model aircraft guidance, which prohibits operations in populated areas. (Emphasis added.)
It now reads (with changes in red):
Myth #3: Commercial UAS operations are a “gray area” in FAA regulations.
Fact—There are no shades of gray in FAA regulations. Anyone who wants to fly an aircraft—manned or unmanned—in U.S. airspace needs some level of FAA approval. Private sector (civil) users can obtain an experimental airworthiness certificate to conduct research and development, training and flight demonstrations. Commercial UAS operations are limited and require the operator to have certified aircraft and pilots, as well as operating approval. To date, only two UAS models (the Scan Eagle and Aerovironment’s Puma) have been certified, and they can only fly in the Arctic. Public entities (federal, state and local governments, and public universities) may apply for a Certificate of Waiver or Authorization (COA)
The FAA reviews and approves UAS operations over densely-populated areas on a case-by-case basis.
Flying model aircraft solely for hobby or recreational reasons does not require FAA approval. However, hobbyists are advised to operate their aircraft in accordance with the agency’s model aircraft guidelines (see Advisory Circular 91-57). In the FAA Modernization and Reform Act of 2012 (Public Law 112-95, Sec 336), Congress exempted model aircraft from new rules or regulations provided the aircraft are operated “in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.”
The FAA and the Academy of Model Aeronautics recently signed a first-ever agreement that formalizes a working relationship and establishes a partnership for advancing safe model UAS operations. This agreement also lays the ground work for enacting the model aircraft provisions of Public Law 112-95, Sec 336. Modelers operating under the provisions of P.L. 112-95, Sec 336 must comply with the safety guidelines of a nationwide community-based organization. (Emphasis added.)
With these changes, the FAA is now stating:
- that it approves UAS operations on a case-by-case basis;
- that hobbyists “are advised to” (rather than “must”) operate in accordance with the voluntary guidelines of Advisory Circular 91-57;
- that it signed a Memorandum of Understanding with the AMA to advance safe model UAS operation; and
- that modelers must comply with Sec. 336 of the FMRA of 2012.
Although it backed off from its prior ridiculous claim that AC 91-57 required mandatory compliance, and replaced it with words that make it clear that no such compliance is required, this revised “fact” is still a lie. Specifically, the FAA is now asserting that modelers must comply with Sec. 336 of the FMRA of 2012, which is a regulation that has not yet been adopted and is, therefore, not enforceable.
Moreover, this claim is directly contradicted by the language in “Myth #5″ and its accompanying “fact,” which reads:
Myth #5: Commercial UAS operations will be OK after September 30, 2015.
Fact—In the 2012 FAA reauthorization legislation, Congress told the FAA to come up with a plan for “safe integration” of UAS by September 30, 2015. Safe integration will be incremental. The agency is still developing regulations, policies and standards that will cover a wide variety of UAS users, and expects to publish a proposed rule for small UAS – under about 55 pounds – later this year. That proposed rule will likely include provisions for commercial operations.
Bearing in mind that the FMRA obliges only the FAA and not the general public, if the FAA is still developing regulations, as Congress ordered it to do under the FMRA, then by definition those regulations, including any based upon Sec. 336, don’t yet exist in any enforceable form. So the FAA shifted its false claim of authority from being based upon an Advisory Circular, to being based upon a non-existent prospective regulation, which is not yet enforceable.
As for the UAS operation approval on a case-by-case basis, don’t hold your breath because you’re not going to get approved unless you plan to fly in the Arctic. The FAA is determined that no one flies model aircraft commercially until it loses all of its appeals in the Pirker case. As for the Memorandum of Understanding with the AMA, that’s nice to know, but legally meaningless. The AMA is not a government entity, and nothing it has to say has any force of law.