reyn3545
100cc
Without sending you guys through all of the details... lets agree that our aircraft DO come under the guidelines of section 336 (they are model aircraft)... with that understood, here's an excerpt from this week's FAA ruling.....
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.
So, in their interpretation, rule 336 applies to aircraft, but FAA guidelines, not a congressional document, govern the use of airspace. As much as I believe the ruling is BS... I have to agree with them on that point.
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.
So, in their interpretation, rule 336 applies to aircraft, but FAA guidelines, not a congressional document, govern the use of airspace. As much as I believe the ruling is BS... I have to agree with them on that point.