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    Monday Morning Regulatory Review – 5/22/17: De-Regulating Model Aircraft

    The United States Court of Appeals for the District of Columbia Circuit, last Friday in Taylor v. Huerta, partially vacated the Department of Transportation (DOT) Federal Aviation Administration (FAA) Registration and Marking Requirements for Small Unmanned Aircraft interim final rule (IFR).  The panel concluded that Congress explicitly barred the FAA from promulgating “any rule or regulation regarding a model aircraft.”  The opinion, statute, and regulation all require further explication, for all is not quite what it seems, and potentially dangerously so. Congress’s statutory provision – the Special Rule for Model Aircraft – specifies that the FAA “may not promulgate any rule or regulation regarding a model aircraft.”  Within that bar, Congress defines “model” aircraft as…

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