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Airline Pilot Reports Unknown Operated Drone On Approach To JFK Airport
 
By Daniel Baxter
 

March 05, 2013 – The FAA and FBI are investigating an Italian air carrier, Alitalia Airline’s pilot report that he spotted a small unmanned aircraft while on approach to Kennedy Airport. 

On Monday, at approximately 1:15 p.m., the pilot of Alitalia Flight 608 spotted a small, unmanned aircraft while on approach to John F. Kennedy International Airport.  

The Alitalia flight was roughly three miles from runway 31R when the incident occurred at an altitude of approximately 1,750 feet. The unmanned aircraft came within 200 feet of the Alitalia plane. 

 

The FBI is investigating the incident and looking to identify and locate the aircraft and its operator. The unnamed aircraft was described as black in color and no more than three feet wide with four propellers. 

“The FBI is asking anyone with information about the unmanned aircraft or the operator to contact us,” said Special Agent in Charge John Giacalone. “Our paramount concern is the safety of aircraft passengers and crew.” 

Back on June 9, 1981 the FAA issued an Advisory Circular, AC 91-57 Subject: Model Aircraft Operating Standards in which the Advisory Circular encouraged voluntary compliance with safety standards for model aircraft operators. The Circular encouraged operators not fly model aircraft higher than 400 feet above the surface. When flying aircraft within 3 miles of an airport, notify the airport operator, or when an air traffic facility is located at the airport, notify the control tower, or flight service station. 

In January 2012 congress enacted the ‘‘FAA Modernization and Reform Act of 2012’’. The act governs the use of unmanned aircraft and model aircraft. It appears that congress enacted some of the voluntary safety standards set out in the FAA Advisory Circular, AC 91-57 Subject: Model Aircraft Operating Standards. Below is a summary of the law.

 

 

SEC. 334. Public Unmanned Aircraft Systems

(i) Within the line of sight of the operator;
(ii) Less than 400 feet above the ground;
(iii) During daylight conditions;
(iv) Within Class G airspace; and
(v) Outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
 

SEC. 336. Special Rule For Model Aircraft

(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)).
 
 
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