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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    I did not realize the the FAA completely lacked the authority for this and the rule contradicted a law Congress passed.... Obama admin making shit up again!

    https://www.wsj.com/articles/faa-rules-on-recreational-drone-registry-struck-down-1495223257

    On Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the FAA lacked the authority to require the registration, saying that the rule ran afoul of a 2012 law passed by Congress forbidding the FAA from promulgating rules over model aircraft.


    :omg:

    “Requiring the agency to exempt model aircraft operators from registration requirements would create a gaping hole in FAA’s enforcement authority and threaten the safety of the national airspace system,” the FAA warned in court papers.

    ok, but Congress specifically exempted model aircraft, so the FAA cannot make up it's own laws!
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA

    Been watching this case, The winning Lawyer/drone enthusiast is from MD


    giphy.gif
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    Looks like you may be getting your registration fee back and the owner data will be deleted.

    http://www.ainonline.com/aviation-n...aa-offers-delete-names-refund-drone-hobbyists

    "The FAA’s offer to de-list drone hobbyists acknowledges a May 19 finding by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that its online registration system is unlawful. The agency had 45 days from the date of the ruling to seek a rehearing before the full court, but the court has now issued a final order, Forbes reported."
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    Just FYI

    I happened to see this and thought there might be some here interested in this information. I hope the links will work.

    The FAA is hosting a summer webinar series to help drone operators submit better waiver requests when applying for an operational waiver. These live online events are intended for public stakeholders. Interested FAA employees are invited to watch recordings of the webinars after they conclude. A recording of each webinar will be posted on the UAS webinar page.
    During the webinars, FAA experts will address:

    • The waiver application process
    • When to apply for a waiver
    • Common waiver requests
    • Common waiver application mistakes
    • Risk management, hazard recognition, risk analysis and assessment
    Each webinar is live – with an opportunity to ask FAA experts your waiver questions. See the schedule below for topics.
    Webinars are hosted through Adobe Connect. Download the Adobe Connect smartphone/tablet app or use the link provided in your registration confirmation email. Participants are encouraged to read the Adobe Connect How-To guide (PDF) ahead of the webinar
    Registration is currently full. Registration is on a first-come, first-served basis, and caps at 1,000 attendees. Sign up for the next webinar's wait list.
    Webinar Schedule:

    June 5, 2018 (Available On-Demand)
    Where is my Waiver?
    Find out what is involved in the waiver application process and learn how to apply for what you really want. Watch the webinar.
    June 19, 2018 1 PM ET
    Risky Business
    Successful waivers include detailed risk assessments. Learn how to identify hazards, assess the risk they pose to your operation and develop methods to reduce the identified risk.
    July 10, 2018, 1 PM ET
    Just the Facts
    The importance of good data to support your proposed operation and safety case is key to successfully applying for a waiver. Learn why Requests for Information positively support your application, and what not to do in your safety mitigations.
    July 24, 2018, 1 PM ET
    The Dark Night – Part 1
    This two part series will dive into the waiver application for nighttime UAS operations. FAA experts discuss The Waiver Safety Explanation Guideline (WSEG) in detail and provide guidance on how to successfully address the questions. Tips for identifying nighttime hazards and mitigation strategies will be covered.
    July 26, 2018, 1 PM ET
    The Dark Night – Part 2
    August 7, 2018, 1 PM ET
    The Good, The Bad, The Ugly
    Using real examples, this session reviews what a successful and unsuccessful waiver application looks like.
    August 21, 2018, 1 PM ET
    Beyond Visual Line of Sight
    Why is this so difficult to obtain? This episode focuses on the "holy grail" of waivers. Is it impossible? No. Will it take more effort than applying for a night waiver? Definitely.
    September 4, 2018, 1 PM ET
    Operating Limitations: Altitude
    Learn how to fly above the 400ft altitude ceiling with an operation limitation (altitude) waiver.
    September 18, 2018, 1 PM ET
    Operations over People
    Why are there so few approvals for this waiver? In this session, we address the mitigations necessary to ensuring your operation doesn't endanger people on the ground.
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    Model aircraft can now be regulated?

    Did Trump get snookered into repealing a regulation that prohibited regulation?

    On October 5, 2018 the President signed the FAA Reauthorization Act of 2018. Section 349 of the Act establishes new conditions for recreational unmanned aircraft use and immediately repeals the Special Rule for Model Aircraft (section 336 of Pub. L. 112-95).

    The FAA is evaluating the impact of this change in the law and how implementation will proceed. Section 349 cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to model aircraft operations.

    Updated direction and guidance will be provided as the FAA implements this new legislation.


    https://www.gpo.gov/fdsys/pkg/PLAW-112publ95/html/PLAW-112publ95.htm

    excerpt

    The Administrator of the Federal Aviation Administration shall carry
    out all safety studies necessary to support the integration of unmanned
    aircraft systems into the national airspace system.
    SEC. 336. <<NOTE: 49 USC 40101 note.>> SPECIAL RULE FOR MODEL
    AIRCRAFT. [now repealed]

    (a) In General.--Notwithstanding any other provision of law relating
    to the incorporation of unmanned aircraft systems into Federal Aviation
    Administration plans and policies, including this subtitle, the
    Administrator of the Federal Aviation Administration may not promulgate
    any rule or regulation regarding a model aircraft, or an aircraft being
    developed as a model aircraft, if--
    (1) the aircraft is flown strictly for hobby or recreational
    use;
    (2) the aircraft is operated in accordance with a community-
    based set of safety guidelines and within the programming of a
    nationwide community-based organization;
    (3) 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;
    (4) the aircraft is operated in a manner that does not
    interfere with and gives way to any manned aircraft; and
    (5) when flown within 5 miles of an airport, the operator of
    the aircraft provides the airport operator and the airport air
    traffic control tower (when an air traffic facility is located
    at the airport) with prior notice of the operation (model
    aircraft operators flying from a permanent location within 5
    miles of an airport should 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)).

    (b) Statutory Construction.--Nothing 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.
    (c) Model Aircraft Defined.--In this section, the term ``model
    aircraft'' means an unmanned aircraft that is--
    (1) capable of sustained flight in the atmosphere;

    [[Page 126 STAT. 78]]

    (2) flown within visual line of sight of the person
    operating the aircraft; and
    (3) flown for hobby or recreational purposes.

    Subtitle C--Safety and Protections

    Some of Sect. 349:

    https://amablog.modelaircraft.org/amagov/files/2018/09/Section-349.pdf

    Exception for limited recreational oper
    11 ations of unmanned aircraft
    12 ‘‘(a) IN GENERAL.—Except as provided in subsection
    13 (e), and notwithstanding chapter 447 of title 49, United
    14 States Code, a person may operate a small unmanned air
    15 craft without specific certification or operating authority
    16 from the Federal Aviation Administration if the operation
    17 adheres to all of the following limitations:
    18 ‘‘(1) The aircraft is flown strictly for rec
    19 reational purposes.
    20 ‘‘(2) The aircraft is operated in accordance with
    21 or within the programming of a community-based
    22 organization’s set of safety guidelines that are devel23
    oped in coordination with the Federal Aviation Ad
    24 ministration.

    Much discussion of this on this site as well.
    https://www.rcgroups.com/forums/showthread.php?3137201-FAA-reauthorization-act/page34
     

    AssMan

    Meh...
    MDS Supporter
    Jan 27, 2011
    16,212
    Somewhere on the James River, VA
    Did Trump get snookered into repealing a regulation that prohibited regulation?

    On October 5, 2018 the President signed the FAA Reauthorization Act of 2018. Section 349 of the Act establishes new conditions for recreational unmanned aircraft use and immediately repeals the Special Rule for Model Aircraft (section 336 of Pub. L. 112-95).

    The FAA is evaluating the impact of this change in the law and how implementation will proceed. Section 349 cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to model aircraft operations.

    Updated direction and guidance will be provided as the FAA implements this new legislation.


    https://www.gpo.gov/fdsys/pkg/PLAW-112publ95/html/PLAW-112publ95.htm

    excerpt

    The Administrator of the Federal Aviation Administration shall carry
    out all safety studies necessary to support the integration of unmanned
    aircraft systems into the national airspace system.
    SEC. 336. <<NOTE: 49 USC 40101 note.>> SPECIAL RULE FOR MODEL
    AIRCRAFT. [now repealed]

    (a) In General.--Notwithstanding any other provision of law relating
    to the incorporation of unmanned aircraft systems into Federal Aviation
    Administration plans and policies, including this subtitle, the
    Administrator of the Federal Aviation Administration may not promulgate
    any rule or regulation regarding a model aircraft, or an aircraft being
    developed as a model aircraft, if--
    (1) the aircraft is flown strictly for hobby or recreational
    use;
    (2) the aircraft is operated in accordance with a community-
    based set of safety guidelines and within the programming of a
    nationwide community-based organization;
    (3) 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;
    (4) the aircraft is operated in a manner that does not
    interfere with and gives way to any manned aircraft; and
    (5) when flown within 5 miles of an airport, the operator of
    the aircraft provides the airport operator and the airport air
    traffic control tower (when an air traffic facility is located
    at the airport) with prior notice of the operation (model
    aircraft operators flying from a permanent location within 5
    miles of an airport should 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)).

    (b) Statutory Construction.--Nothing 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.
    (c) Model Aircraft Defined.--In this section, the term ``model
    aircraft'' means an unmanned aircraft that is--
    (1) capable of sustained flight in the atmosphere;

    [[Page 126 STAT. 78]]

    (2) flown within visual line of sight of the person
    operating the aircraft; and
    (3) flown for hobby or recreational purposes.

    Subtitle C--Safety and Protections

    Some of Sect. 349:

    https://amablog.modelaircraft.org/amagov/files/2018/09/Section-349.pdf

    Exception for limited recreational oper
    11 ations of unmanned aircraft
    12 ‘‘(a) IN GENERAL.—Except as provided in subsection
    13 (e), and notwithstanding chapter 447 of title 49, United
    14 States Code, a person may operate a small unmanned air
    15 craft without specific certification or operating authority
    16 from the Federal Aviation Administration if the operation
    17 adheres to all of the following limitations:
    18 ‘‘(1) The aircraft is flown strictly for rec
    19 reational purposes.
    20 ‘‘(2) The aircraft is operated in accordance with
    21 or within the programming of a community-based
    22 organization’s set of safety guidelines that are devel23
    oped in coordination with the Federal Aviation Ad
    24 ministration.

    Much discussion of this on this site as well.
    https://www.rcgroups.com/forums/showthread.php?3137201-FAA-reauthorization-act/page34

    So is the implication that part 107 now applies to everyone?
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    So is the implication that part 107 now applies to everyone?

    I'm not a regulation expert at all, I just relay information I come across that seems relevant here. I do think that section 349 still has some recreational exceptions though. But with the repeal of 336, part 107 might have broader application... I don't know.

    Part 107 link
    https://www.faa.gov/uas/getting_started/part_107/
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    https://www.faa.gov/news/updates/?newsId=91844

    basically "keep doing what you have been doing, we'll change the rules whenever, wherever we feel like"

    https://amablog.modelaircraft.org/amagov/2018/10/02/how-the-new-bill-could-affect-our-hobby/

    AMA patting themselves on the back, and trying to stay relevent. As usual throwing the larger recreational RC hobby under the bus to try to hold onto their place as a "community based organization" codified in the new law. The only real change I see for recreational pilots is the 400' AGL restriction is no longer a suggestion, and is now law, along with no more 5 mile restriction around airports, but that is per the AMA'as release, not mentioned specifically in the FAA's. Figure there is already massive non-compliance at most every flying field around with the 400' rule, like most things .gov enacts, it's near impossible to enforce without draconian measures, which might be the long-term goal.
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    New RF Drone Spectrum

    This is interesting...

    https://gcn.com/articles/2018/10/08/faa-drone-spectrum.aspx

    FAA, the National Telecommunications and Information Administration and the Federal Communications Commission, to sort out drone spectrum-use strategy

    One mandate included in the authorization Act of 2018 signed last week by President Donald Trump gives three agencies barely nine months to figure out what spectrum drones should use to communicate.

    The legislation points to the L-band and C-band as potential options for drones communications. It also asks the agencies to determine what spectrum would be appropriate for beyond visual line of sight operations.

    Presently, using unlicensed bands can be fine in some cases, but it might not be ideal for flights over people or critical assets. One alternative is network cellular, which has a number of upsides, including the fact that infrastructure already exists and early studies have shown drones can communicate with the towers even when flying at heights of up to 2,000 feet, Richter said.

    The Reauthorization Act gives them 270 days to make a determination and send a report to Congress.
     

    Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    Drone Apps

    Just spreading the word

    B4UFLY Mobile App

    Recreational users who only fly their drone for fun, now have an improved app – B4UFLY – to help show where they can and cannot fly with interactive maps.
    The FAA has partnered with Kittyhawk to redevelop the FAA's first mobile application, to improve the user experience so that recreational flyers know whether it is safe to fly their drone. The app provides situational awareness to recreational flyers and other drone users. It does not allow users to obtain airspace authorizations to fly in controlled airspace, which are only available through the FAA's Low Altitude Authorization and Notification Capability (LAANC).
    The new B4UFLY app is now available to download for free at the App Store for iOS and Google Play store for Android.

    Key features include:

    A clear "status" indicator that informs the operator whether it is safe to fly or not. (For example, it shows flying in the Special Flight Rules Area around Washington, D.C. is prohibited.)

    Informative, interactive maps with filtering options.

    Information about controlled airspace, special use airspace, critical infrastructure, airports, national parks, military training routes and temporary flight restrictions.

    The ability to check whether it is safe to fly in different locations by searching for a location or moving the location pin.
     

    Tomcat

    Formerly Known As HITWTOM
    May 7, 2012
    5,568
    St.Mary's County
    Just spreading the word

    B4UFLY Mobile App

    Recreational users who only fly their drone for fun, now have an improved app – B4UFLY – to help show where they can and cannot fly with interactive maps.
    The FAA has partnered with Kittyhawk to redevelop the FAA's first mobile application, to improve the user experience so that recreational flyers know whether it is safe to fly their drone. The app provides situational awareness to recreational flyers and other drone users. It does not allow users to obtain airspace authorizations to fly in controlled airspace, which are only available through the FAA's Low Altitude Authorization and Notification Capability (LAANC).
    The new B4UFLY app is now available to download for free at the App Store for iOS and Google Play store for Android.

    Key features include:

    We can track your phone to see where you're flying

    A clear "status" indicator that informs the operator whether it is safe to fly or not. (For example, it shows flying in the Special Flight Rules Area around Washington, D.C. is prohibited.)

    Informative, interactive maps with filtering options.

    Information about controlled airspace, special use airspace, critical infrastructure, airports, national parks, military training routes and temporary flight restrictions.

    The ability to check whether it is safe to fly in different locations by searching for a location or moving the location pin.
    :innocent0
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,234
    Montgomery County
    I’ve used this app since its first version. I like to deny it the use of my device’s GPS/location services, and find the location manually. Nothing to hide, but like leaving less of a trail.
     

    sleev-les

    Gata Needs His Gat
    Dec 27, 2012
    3,144
    Edgewater, MD
    I just received an email from the FAA stating that they will be a mandatory test and proof of passing the test will be required to fly a drone. Anyone else see this? I’m assuming I’m still on the email list from when I had to pay that five dollars to register my drone which was ultimately removed. Any cliff notes on new registration schemes?
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    I just received an email from the FAA stating that they will be a mandatory test and proof of passing the test will be required to fly a drone. Anyone else see this? I’m assuming I’m still on the email list from when I had to pay that five dollars to register my drone which was ultimately removed. Any cliff notes on new registration schemes?

    Build or don't update firmware on 336 era stuff, guess "we will not comply" works for multiple agencies.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    What would the firmware update do? Not allow you to fly without a license number? I’m trying to catch up based on the goofy email.

    Potentially, with DJI's firmware/software they constantly annoy you to update maps to keep adding all the "new" no-fly and "permission to fly" zones. If they go full stop pending license verification, then thousands who spent millions on consumer drones will have paperweights till they comply with this BS. Meanwhile you can still build a big fixed wing FPV rig with long range RC and manual control, and carry several pounds of payload 20+miles for cheap. Not that you shouldn't be able to, but their stated reason of "cause o terror"is BS, compared to keeping average folk from taking pics of things they don't want you to see.
     

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