well the good news is I got a callin standing 18K waiver at our Sims farm site. The bad news is I am having trouble getting a 5K waiver for the MSP site. At first the FAA guy said he was going to ok it. Then his supervisor said NO as its in the ILS Flight path or very close to it.
SO I explained to the FAA guy that ALL we were planning on actually launching there in the first place were Model Rockets (which are exempt,up to a point, more on this in a minute) and Large Model Rockets which only require notification.(NOT PERMISSION)
The reason I decided to apply for a FAA waiver at this site was to try and be viewed as a responsible and good neighbor to the local airport. Back in April Per FAR I did the notification to the Airport manager and the ATC at Bluegras Airport that we would launching model and large model rockets.
To make a long story short, the Bluegrass Airport ATC manager went ballistic on me and told me that I could not launch model or large model rockets there as it would cause a collision hazard with his aircraft. Itreid to inform him that according to FAR I was resposnsible for doing a 360 sky sacn prior to any lauches so as not to cause these potential aircraft collision hazards, and well didn't agree that was enough safety in his mind.
I tried to point out to this ATC manager that I was asking for his authority to lauch, I was provdiing notification and he had no authority to deny my model rocket or large model rockets launch.
SO he called a FAA Supervisor in Louisville , who then called me and told me in not so many words, that true, the FAA had no authority to disallow this model rocket/large model rocket launch BUT if we needed any FAA waivers in the future from the Louisville office, if we didn't comply, they would take their time okaying any future faa waivers on our behalf......
So I decided to comply and called off the launch.
SO I then made the recent decsiion to apply for a FAA waiver at this MSP site, even though we would still ONLY be flying model rockets and large model rockets. I know a FAA waiver isn't required per FAR, but I thought from a enhanced safety POV, if I got a FAA waiver, a NOTAM would be issued warning aircraft of where and what we were doing, and I even suggested that I call the local ATC provide them launch notification 30 min prior to us launching.
You are probably asking, well why apply for a waiver when you don't need one. My reasoning was that G powered model rockets and large model rockets can easily hit 5,000 ft.
So heres my question:
Sec. 101.1 Applicability.
(a) This part prescribes rules governing the operation in the United
States, of the following:
(3) Any unmanned rocket EXCEPT:
(i) Aerial firework displays; and,
(ii) Model rockets:
(a) Using not more than four ounces of propellant;
(b) Using a slow-burning propellant;
(c) Made of paper, wood, or breakable plastic, containing no substantial
metal parts and weighing not more than 16 ounces, including the propellant;
and
(d) Operated in a manner that does not create a hazard to persons,
property, or other aircraft.
Ths tells me that Model Rockets are totally exempt from FAA regulation as long as (d) is not violated. At that point they lose their exemption from FAA oversight. If this is true, who's responsiblity is it to determine that I might be operating a model rocket in such a hazardous way? If I am following the NAR Model Rocket Safety Code to the T, then theres no way I could possibly be in violation of operating a model rocket in a hazardous way towards aircraft as :
Flight Safety. I will not launch my rocket at targets, into clouds, or near airplanes, ....
Then aren't I taking full resposnsibility and making the safety determination myself? I mean no rockets will ever be lauched if there is any aircarft within eyesight.
I might add that Iam between 4-5 miles from the airport in question, and its a small regional airport .
Finally, the FAA person who is doing these waivers is in agreement with me that 1. no faa waiver is actually required to fly model rocket or large model rockets as long as I do the subpart C LMR notoification procedures.
shockie B)