I came across an interesting AOPA article entitled "FAA determines 'congested' areas on case-by-case basis” today: http://pilot-protection-services.aopa.org/News/2016/January/Congested-Area?WT.mc_id=160122epilot&WT.mc_sect=sap. In it the author, an aviation attorney, says, "Rather than publish a definition so pilots can know how to shape their aeronautical behavior, the FAA purposefully doesn’t—it comes up with its definition on a case-by-case basis. The FAA says it does that so it can balance the pilot’s interests with the need to protect persons and property. In enforcement actions, the FAA has successfully declared that a congested area includes a group of people on an airport ramp, sunbathers on a beach, a small subdivision covering less than a quarter mile, and traffic on an Interstate highway.” We’ve known for a long time that interpretation of FARs can vary widely from FSDO to FSDO, but this gives whole new meaning to the word “interpretation.” In essence, the FAA makes up this rule on a case-by-case basis, so be careful when you’re flying low. As they say, “one man’s sparsely populated area is another man’s congested locale."
Regards,
David Tanzer
Warren, Vermont
