D.C. CIRCUIT VACATES ELEMENTS OF FAA DRONE RULE
June 6, 2017
The United States Court of Appeals for the District of Columbia Circuit recently vacated the Federal Aviation Administration’s drone registration rule to the extent it applies to model aircraft. As background, in 2012, Congress passed a law prohibiting the FAA from promulgating “any rule or regulation regarding a model aircraft.” In 2015, the FAA issued a rule requiring registration for drones, including model aircraft, in response to a 2012 Congressional mandate that the FAA establish a “comprehensive plan” to fully integrate commercial and recreational drones into the national airspace system.
A 3-judge panel of the D.C. Circuit vacated this rule, concluding that “statutory interpretation does not get much simpler” in light of the express Congressional mandate, and held that the “registration rule is unlawful as applied to model aircraft.” The lawsuit was filed by John A. Taylor, an individual hobbyist acting in a pro se capacity. Taylor also challenged an advisory circular limiting model aircraft operations in the Washington, D.C. region. The D.C. Circuit denied Taylor’s petition for review of the advisory circular because it was filed outside the 60-day judicial review timeline imposed by 49 U.S.C. § 46110. Taylor had admitted that he had not known about the advisory circular until the FAA began advertising it more than 60 days after it was issued. The D.C. Circuit noted that Taylor’s position was “understandable” but concluded that precedent required “more than simply ignorance of the order” to qualify as reasonable grounds for a delay of complying with the 60-day requirement of § 46110.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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