Taylor v. FAA, No. 16-1302 (D.C. Cir. 2018)Annotate this Case
The DC Circuit denied a petition for review of the FAA's Small UAS Rule regulating certain unmanned aircraft (drones). Petitioner, a model aircraft hobbyist, contended that the rule exceeded the agency's statutory authority, was arbitrary and capricious, and had miscellaneous additional infirmities. The court held that because the challenged rule's only regulation of section 336 model aircraft was permitted by the Modernization and Reform Act of 2012, the FAA has honored the statutory safe harbor for these aircraft; section 333 of the Modernization Act permits the agency to apply the regulations of the Small UAS Rule to recreational model aircraft that do not fall within the section 336 safe harbor; the FAA did not act arbitrarily or capriciously and the court rejected plaintiff's five arguments to the contrary; and the court rejected plaintiff's contention that the FAA violated the Paperwork Reduction Act.