Originally posted July 6, 2016

For the first time in 20 years, the regulations governing how the NTSB conducts its investigations have been changed.  The new rules are the culmination of a process started by the Board over five years ago.  The new rules make official much of the guidance and informal processes that have developed over that time.  The following is a summary of the more important changes.
Continue Reading Board Issues Final Rules

Originally posted June 27, 2017

“HERE WE GO AGAIN”

CONGRESS BEGINS ACTION ON THE FAA REAUTHORIZATION ACT

It’s that time of year again.  As the clock runs out on last year’s FAA reauthorization, both the House and Senate are scrambling to stake out their priorities.  Here is a sneak peek at some of the Congressional initiatives that may shape the future of aviation:
Continue Reading Here We Go Again: Congress Begins Action on the FAA Reauthorization Act

Originally posted June 5, 2017

We would like to thank everyone who attended our 2017 UAS Insiders briefing, held in Washington D.C. on July 1st.  For those of you who could not attend, below you can find links to the PowerPoint presentations for each of the panels that presented at the briefing.
Continue Reading UAS Insider Briefing…A Follow-up

Originally posted May 19, 2017

Those of you who are regular readers of this blog are aware that there has been a federal lawsuit pending before the DC Circuit challenging the validity of the FAA’s registration system for model aircraft.  After oral argument in March, we predicted that the regulation appeared to be in serious trouble, and the FAA should start considering its “Plan B.”  Well, if the FAA has a Plan B, now is the time to dust it off, because the D.C. Circuit just issued a 10 page opinion striking down the registration requirement.

In a unanimous decision, the three judge panel held that the registration regulation was barred by the Special Rule for Model Aircraft, which is contained in Section 336 of the FAA Modernization and Reform Act of 2012.  Section 336 provides that the FAA “may not promulgate any rule or regulation regarding a model aircraft.”  The Court noted that the FAA’s new registration rule used the exact same definition for “model aircraft” as was contained in Section 336, and as a result, it was inescapable that the rulemaking was improper:
Continue Reading DC Circuit Overturns Model Aircraft Registration, Tells FAA “Statutory Interpretation Does not get Much Simpler”

Originally posted March 24, 2017

With the election of President Trump, there was a great deal of speculation over how vacancies on the National Transportation Safety Board would be handled.  Would the new Administration want to shake things up at the NTSB as they have at other agencies or would there be continuity between the new nominees and the existing board?  The answer to that question is, at least for now, “steady as she goes.”
Continue Reading Congratulations Vice-Chairman Sumwalt!!

Originally posted March 23, 2017

The federal lawsuit seeking to overturn the FAA’s model aircraft registration regulation passed a very important milestone last week.  A three judge panel of the United States Court of Appeals for the District of Columbia Circuit heard oral argument from the Plaintiff, John Taylor and the Federal Aviation Administration.

The main questions raised by Mr. Taylor in his suit is whether a model aircraft is an aircraft subject to FAA regulation and, if it is an aircraft, whether the model aircraft registration regulations are barred by Section 336 of the FAA Modernization and Reform Act of 2012, which states:
Continue Reading Judge to FAA “You’re just making things up”

Originally posted February 27, 2017

The FAA loves to collect data.  One of the statistics they have been monitoring for the past several years is the number of reported UAS sightings by manned aircraft.  The FAA just released its latest quarterly report, and the numbers are not good.

According to the FAA, there were a total of 474 UAS sightings over the three months covered by the new data, for an average of 158 sightings per month.  This compares to 443 sightings from the same period a year earlier.  While the new number is not dramatically worse, it certainly is no improvement.  The FAA is using the new numbers to emphasize that it is sending “a clear message that operating drones around airplanes, helicopters and airports is dangerous and illegal.  Unauthorized operators may be subject to stiff fines and criminal charges, including possible jail time.”  The FAA also reiterated that it “has levied civil penalties for a number of unauthorized flights in various parts of the country, and has many open enforcement cases.”
Continue Reading Drones v. Airplanes: It’s Just a Matter of Time

Originally posted January 31, 2017

Planely Spoken prides itself on avoiding rumor, gossip, innuendo, or other forms of “fake news.”  On the other hand, sometimes the word on the street, or in these case, the “word on the runway,” is so compelling that we have to pass it on.

It appears that Peggy Gilligan, the FAA’s Associate Administrator for Aviation Safety, has informed the FAA that she is retiring.  According to sources, her resignation email stated:
Continue Reading Word on the Street…Peggy Gilligan to Retire