4 A NEW BEGINNING BY ROBERT M. WARTH A technologically accelerated activity such as model rocketry or aerospace modeling often outpaces the parameters that define it as it acquires additional capability and absorbs peripheral technology. When this occurs the participants in such technology often find themselves confronted with outdated and constricting bureaucratic limitations and regulations which hinder growth and often inhibit the very activity which they are intended to foster. Such is the case that has confronted the NAR and model rocketry for nearly a decade. Fortunately, as techno- hobbyist we are on the brink of change for the better. The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal register by the Executive departments and agencies of the Federal government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency with each chapter further subdivided into parts covering specific regulatory areas such as model rockets. The federal regulation of significant interest to the NAR and the model rocket enthusiast/hobbyist is: CFR Title 14: Aeronautics and Space; Chapter 1: Federal Aviation Administration, Department of Transportation; Part 101: Moored Balloons, kites, UNMANNED ROCKETS, and Unmanned Free Balloons; commonly referred to as Federal Aviation Regulation Part 101 or FAR 101. On November 2, 1994, FAR Part 101 as it pertains to Model Rockets will significantly change. This change will affect virtually every manufacturer and hobbyist who produces, builds and fly's model rockets. While this change provides for greater capability and growth within the hobby it also imposes certain constraints which must be understood and complied with not only by the existing participants of the hobby but anyone who is a first time builder, flyer. By law the responsibility to understand and operate within the regulation rest with all of us and not the regulatory agency which oversees the operations, in this case the FAA. It is imperative that all model rocketeers both within and outside the NAR become familiar with the regulations privileges and constraints in order to sustain a hobby which has increasingly come under attack from private and regulatory organizations who have larger membership bases and often posses conflicting agendas. Under FAR 101.1, Model Rockets are excluded from the operating and notification limitations contained in Subpart C of FAR 101. This privilege has not changed with the amended rule. A model rocket continues to be regulatorily defined as any model (unmanned rocket) using not more than four ounces of propellant; using a slow-burning propellant; made of paper, wood or breakable plastic, containing no substantial metal parts and weighing not more than 16 ounces, including the propellant, so long as it is operated in a manner that does not create a hazard to persons, property, or other aircraft. This definition established in June 1963, and predicated on what was deemed the limiting factors of the technology at the time failed to provide for the increased capability which ensued during the next two decades. As a result in the late 1980's and early 1990's the capability of the hobby essentially meant that virtually every modeler who launched a kit or scratch built rocket similar to many of those from manufacturers producing advanced kits or used an engine or combination of engines containing more than four ounces of propellant was in violation of the Federal Aviation Regulations and could have been significantly fined (thousands of dollars) unless they possessed an approved waiver of FAR 101 issued by the FAA for that specific launch. In an effort to update the regulations to the existing state of technology presented by model rocketry and provide for technological growth the NAR undertook in 1985 the arduous task of petitioning the FAA for a change in the definition of a model rocket. This undertaking has resulted in a significant change to FAR part 101 which will go into effect on November 2, 1994. Although the definition of a model rocket has not changed as per the NAR's original petition, an additional category of Large Model Rockets has been added to the rule. Specifically, a large model rocket is defined as a model that uses not more than 125 grams of propellant; that is made of paper, wood, or breakable plastic; that contains no substantial metal parts, and that weighs not more than 1,500 grams including the propellant. This additional category of model rocket essentially affords the hobbyist the same exclusions provided to smaller model rockets by placing the burden for safe operations squarely upon the shoulders of the modeler. This responsibility manifest itself by placing certain operational and notification requirements upon the individual or groups who fly the larger models. In order to fly a model meeting the criteria of a large model rocket, that is any model over 16 ounces and/or four ounces of propellant but not exceeding 1,500 grams total weight and/or 125 grams of propellant, without having to obtain an FAA issued waiver the modeler must notify the nearest FAA ATC Facility (FAA Air Traffic Control Tower, Flight Service Station, Air Traffic Radar Approach Control Facility or Air Traffic Enroute Control Center) no less than 24 hours and no more than 48 hours prior to beginning the launch. THIS IS A NOTIFICATION REQUIREMENT AND NOT A REQUEST FOR APPROVAL FROM THE FAA. The approval authority is already granted by the FAA in the amended regulation Part 101.22 so long as the modeler complies with the weight and power plant limitations for a large model rocket. The required prelaunch notification contained in FAR Part 101.25 must include the names and addresses of the operators; except where there are multiple participants at a single event the name and address of the person so designated as the event launch coordinator, whose duties include coordination of the required launch date, estimates and coordinating the launch event may be provided. Additionally, the estimated number of rockets to be operated; their estimated size and weight; and the estimated altitudes the model rockets will attain is to be provided. While the time and location for the event are not specifically stated in the rule this is an implicit requirement contained in the introductory paragraph to FAR Part 101.25 and must be included. Additionally, the modeler must comply with the following operating limitations contained in FAR 101.23, which are not exempted: "No person may operate a large model rocket in a manner that creates a collision hazard with other aircraft; At any altitude where clouds or obscuring phenomena of more than five-tenths coverage prevails; At any altitude where the horizontal visibility is less than five miles; Into any cloud." This simply means you may not fly large model rockets into or through clouds or to an altitude where there is less than five miles visibility or more than half the visible sky area is covered (blocked) by clouds. Note: small model rockets were and still are excluded from these operating limitations however the model rocket safety code provides the same level of safety. You may continue to fly small or large model rockets at night without obtaining a waiver from the FAA provided you make the appropriate notifications if the rocket is a large model. Now for the down side to the new rule. If you are going to fly a large model rocket within five miles of any airport or runway you must make additional notification to the airport manager; providing the same information which was previously submitted to the FAA ATC Facility. This individual is NOT an FAA Employee and has no jurisdiction over the Federal Airspace. However he may be empowered by local ordinance to control or authorize what physically flies from his airfield and immediate surrounding area. Such potentially uninformed individuals may try to group model rockets with fireworks and may require significant education with regards to the privileges granted by FAR 101. It is highly recommended that whenever possible modelers make every effort to avoid flying within five miles of any airport. However, the model rocket safety code notwithstanding, it is your right to do so as long as you make proper notification and do not operate in any manner which may create a hazard to other aircraft. However, should you attempt to fly a model rocket in the landing approach or departure path of an airport traffic pattern you could be creating a hazard to other aircraft and potentially be in violation of the regulation. The responsibility for compliance with the regulation and risk assessment rest with the modeler flying the rocket. Undoubtedly some individual or regulatory agency will eventually question the portion of the model rocket definitions regarding models containing no substantial metal parts as they pertain to the ductile aluminum casing of reloadable motors. The revised rule has not undertaken to define this requirement of this relatively new capability. However, the historical basis of models containing small insubstantial amounts of metal parts, i.e. Jetex engines, engine hooks etc., which were not structural or load bearing should provide sufficient precedence for the continued use of reloadable motors providing the NAR and the model rocket safety code continue to sanction their use. Use them as they are designed to be used by the manufacturers and the potential for regulatory conflict is minimized. The model rocketeers who fly large model rockets in accordance with the revised FAR Part 101, will in all likely hood encounter resistance and disbelief from the FAA Air Traffic Service and local Airport Managers for a considerable time until an adequate dissemination of the new rule and the necessary education of personnel is accomplished. If you encounter resistance from any party offer to provide current copies of the entire rule and if possible show the concerned individuals the model you intend to fly explaining the design safety aspects , its method of recovery and the requirements of the model rocket safety code. Should you continue to receive resistance ask the dissenting party to provide an alternative course of action such as another time or place which will allow you to accomplish your objective of safely flying a large model rocket. This process of education will be ongoing and is a necessary by product of the expanding potential of our hobby. Most of all be patient, change takes time. In summary the newly revised FAR Part 101 applies only to model and large model rockets and has not changed the requirements to obtain a waiver of FAR Part 101 should you elect to conduct operations involving large high powered sport rockets or to operate outside the provisions for model rockets contained in the rule. The necessary notification phone numbers in most instances may be found under the government listings of most metropolitan phone directories. Finally, the NAR and model rocket community has attained a decisive victory against significant opposition presented from various influential aviation interest with the attainment of this revised FAR. Specifically, the FAA cites in their justification for the notification requirement, "through voluntary compliance with the Model Rocket Safety Code, model rocketeers of all ages have proven a ready aptitude and willingness for ensuring launch safety and have demonstrated an awareness of how to knowledgeably operate scientific equipment." For any Federal agency to acknowledge a special interest group formally in legislation of this magnitude is in and of its self a tremendous accomplishment and sets great precedence on which future legislation may one day be built. Yes we didn't get everything we hoped for. But through the tremendous efforts of a group of dedicated people the hobby has literally been saved from extinction. While every effort has been made to assure complete accuracy in this article by the author it must be understood that the assessments and qualification statements are those of the author and should not be construed as an official FAA policy statement or legal interpretation. Fly safely and enjoy the new "legal" expanded opportunities of our hobby. Biography: Mike Warth is an Aviation Safety Inspector with the Federal Aviation Administration Flight Standards Service. He has been continuously involved with model and high power rocketry since 1960 and has been a long time member of the NAR and was one of the early members of Tripoli (No. 390). Currently he serves as an Assistant Aircrew Program Manager on the A-320 Airbus and has acquired over 11,000 flying hours in various small and transport category aircraft.