On June 25, 2014, the Federal Aviation Administration (FAA) issued a notice of interpretation and request for comment on the special rule for model aircraft codified in the FAA Modernisation and Reform Act of 2012. This article reviews the FAA’s notice in light of the National Transportation Safety Board (NTSB) administrative law judge ruling in Huerta v. Pirker (currently on appeal), which held that the FAA lacked regulatory authority over model aircraft operations. The FAA’s definition of “model aircraft” and its further rulemaking authority over model aircraft are also discussed.
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