Vol. 79 Wednesday, 

No. 122 June 25, 2014 

Part III 

Federal Communications Commission 

14 CFR Part 91 

Interpretation of the Special Rule for Model Aircraft; Final Rule 


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36172 Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2014–0396] 

Interpretation of the Special Rule for 

Model Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of interpretation with 

request for comment. 

SUMMARY: This action provides 

interested persons with the opportunity 

to comment on the FAA’s interpretation 

of the special rule for model aircraft 

established by Congress in the FAA 

Modernization and Reform Act of 2012. 

In this interpretation, the FAA clarifies 

that: Model aircraft must satisfy the 

criteria in the Act to qualify as model 

aircraft and to be exempt from future 

FAA rulemaking action; and consistent 

with the Act, if a model aircraft operator 

endangers the safety of the National 

Airspace System, the FAA has the 

authority to take enforcement action 

against those operators for those safety 

violations. 

DATES: Effective June 23, 2014. 

Comments must be received on or 

before July 25, 2014. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2014–0396 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send Comments to Docket 

Operations, M–30; US Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery: Take comments to 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Dean E. Griffith, Attorney, Regulations 

Division, Office of the Chief Counsel, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: (202) 

267–3073; email: dean.griffith@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

submit written comments, data, or 

views concerning this interpretation. 

The most helpful comments reference a 

specific portion of the interpretation, 

explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

The FAA will file in the docket all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this interpretation. The FAA will 

consider all comments received on or 

before the closing date for comments 

and any late-filed comments if it is 

possible to do so without incurring 

expense or delay. While this is the 

FAA’s interpretation of statute and 

regulations relevant to model aircraft, 

the FAA may modify this interpretation 

based on comments received. 

Availability of This Interpretation 

You can get an electronic copy using 

the Internet by— 

(1) Searching the Federal 

eRulemaking Portal (http://

www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http://

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number or notice 

number of this proposal. 

Background 

The FAA is issuing this interpretation 

because we have received many 

inquiries regarding the scope of the 

special rule for model aircraft in section 

336 of the FAA Modernization and 

Reform Act of 2012 and the FAA’s 

enforcement authority over model 

aircraft as affirmed by the statute. In this 

interpretation, we explain the history of 

FAA oversight of model aircraft 

operations and the new statutory 

requirements that apply to model 

aircraft operations, and then clarify how 

the FAA intends to apply its 

enforcement authority to model aircraft 

operations that endanger the safety of 

the National Airspace System (NAS). 

Discussion of the Interpretation 

I. Background of FAA Oversight of 

Model Aircraft Operations 

Historically, the FAA has considered 

model aircraft to be aircraft that fall 

within the statutory and regulatory 

definitions of an aircraft, as they are 

contrivances or devices that are 

‘‘invented, used, or designed to 

navigate, or fly in, the air.’’ See 49 

U.S.C. 40102 and 14 CFR 1.1. As 

aircraft, these devices generally are 

subject to FAA oversight and 

enforcement. However, consistent with 

FAA’s enforcement philosophy, FAA’s 

oversight of model aircraft has been 

guided by the risk that these operations 

present. The FAA first recognized in 

1981 that ‘‘model aircraft can at times 

pose a hazard to full-scale aircraft in 

flight and to persons and property on 

the surface,’’ and recommended a set of 

voluntary operating standards for model 

aircraft operators to follow to mitigate 

these safety risks. See Advisory Circular 

91–57, Model Aircraft Operating 

Standards (June 9, 1981). These 

operating standards included restricting 

operations over populated areas, 

limiting use of the devices around 

spectators until after the devices had 

been flight tested and proven airworthy; 

restricting operations to 400 feet above 

the surface; requiring that the devices 

give right of way to, and avoid flying 

near manned aircraft, and using 

observers to assist in operations. 

These guidelines were further 

clarified in 2007, when the FAA issued 

a policy statement regarding unmanned 

aircraft systems (UAS) operations in the 

NAS. See 72 FR 6689 (Feb. 13, 2007). In 

this policy statement, the FAA also 

recognized that UAS fall within the 

statutory and regulatory definition of 

‘‘aircraft’’ as they are devices that are 

‘‘used or [are] intended to be used for 

flight in the air with no onboard pilot.’’ 

Id.; see also 49 U.S.C. 40102; 14 CFR 

1.1. The FAA noted that they can be ‘‘as 

simple as a remotely controlled model 

aircraft used for recreational purposes or 

as complex as surveillance aircraft 

flying over hostile areas in warfare.’’ 

The FAA then stated its current policy 

regarding UAS based on the following 

three categories: (1) UAS used as public 

aircraft; (2) UAS used as civil aircraft; 

and (3) UAS used as model aircraft. 

With respect to UAS used as model 

aircraft, the FAA reiterated the 

operating guidelines in AC 91–57, and 

further noted that to qualify as a model 

aircraft, the aircraft would need to be 

operated purely for recreational or 

hobby purposes, and within the visual 

line of sight of the operator. The policy 

statement also clarified that AC 91–57 


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1For purposes of the visual line of sight 

requirement, ‘‘operator’’ means the person 

manipulating the model aircraft’s controls. 

2The FAA is aware that at least one communitybased organization permits ‘‘first person view’’ 

(FPV) operations during which the hobbyist 

controls the aircraft while wearing goggles that 

display images transmitted from a camera mounted 

in the front of the model aircraft. While the intent 

of FPV is to provide a simulation of what a pilot 

would see from the flight deck of a manned aircraft, 

the goggles may obstruct an operator’s vision, 

thereby preventing the operator from keeping the 

model aircraft within his or her visual line of sight 

at all times. 

applied only to modelers and 

‘‘specifically excludes its use by persons 

or companies for business purposes.’’ 72 

FR at 6690. 

II. Requirements To Qualify as a Model 

Aircraft Under the FAA Modernization 

and Reform Act of 2012 (Pub. L. 112– 

95, Section 336) 

A. Statutory Requirements 

On February 14, 2012, the President 

signed into law the FAA Modernization 

and Reform Act of 2012 (Pub. L. 112– 

95) (the Act), which established, in 

Section 336, a ‘‘special rule for model 

aircraft.’’ In Section 336, Congress 

confirmed the FAA’s long-standing 

position that model aircraft are aircraft. 

Under the terms of the Act, a model 

aircraft is defined as ‘‘an unmanned 

aircraft’’ that is ‘‘(1) capable of sustained 

flight in the atmosphere; (2) flown 

within visual line of sight of the person 

operating the aircraft; and (3) flown for 

hobby or recreational purposes.’’ Public 

Law 112–95, section 336(c). Congress’ 

intention to define model aircraft as 

aircraft is further established by section 

331(8) of the Act, which defines an 

unmanned aircraft as ‘‘an aircraft that is 

operated without the possibility of 

direct human intervention from within 

or on the aircraft.’’ Congress’ definition 

of model aircraft is consistent with the 

FAA’s existing definition of aircraft as 

‘‘any contrivance invented, used, or 

designed to navigate, or fly in, the air.’’ 

49 U.S.C. 40102; see also 14 CFR 1.1. 

Although model aircraft may take many 

forms, at a base level model aircraft are 

clearly ‘‘invented, used, or designed’’ to 

fly in the air. Id. 

Section 336 also prohibits the FAA 

from promulgating ‘‘any rule or 

regulation regarding a model aircraft, or 

an aircraft being developed as a model 

aircraft’’ if the following statutory 

requirements are met: 

• The aircraft is flown strictly for 

hobby or recreational use; 

• the aircraft is operated in 

accordance with a community-based set 

of safety guidelines and within the 

programming of a nationwide 

community-based organization; 

• the aircraft is limited to not more 

than 55 pounds unless otherwise 

certified through a design, construction, 

inspection, flight test, and operational 

safety program administered by a 

community-based organization; 

• the aircraft is operated in a manner 

that does not interfere with and gives 

way to any manned aircraft; and 

• when flown within 5 miles of an 

airport, the operator of the aircraft 

provides the airport operator and the 

airport air traffic control tower . . . with 

prior notice of the operation. . . . 

Public Law 112–95, section 336(a)(1)– 

(5). 

Thus, based on the language of the 

statute, we conclude that aircraft that 

meet the statutory definition and 

operational requirements, as described 

above, would be exempt from future 

FAA rulemaking action specifically 

regarding model aircraft. Model aircraft 

that do not meet these statutory 

requirements are nonetheless unmanned 

aircraft, and as such, are subject to all 

existing FAA regulations, as well as 

future rulemaking action, and the FAA 

intends to apply its regulations to such 

unmanned aircraft. 

B. Model Aircraft Must Meet the Criteria 

in Section 336 To Be Exempt From 

Future Rulemaking 

Congress directed that the FAA may 

not ‘‘promulgate any rule or regulation 

regarding a model aircraft, or an aircraft 

being developed as a model aircraft’’ if 

the aircraft is being operated, or being 

developed to be operated, pursuant to 

the five criteria enumerated in the 

statute as described above. Public Law 

112–95, section 336(a). In other words, 

Congress has restricted the FAA from 

promulgating regulations, from the date 

when the statute was enacted, 

specifically regarding model aircraft that 

meet the terms of the statute. 

However, the prohibition against 

future rulemaking is not a complete bar 

on rulemaking that may have an effect 

on model aircraft. As noted above, the 

rulemaking limitation applies only to 

rulemaking actions specifically 

‘‘regarding a model aircraft or an aircraft 

being developed as a model aircraft.’’ 

Public Law 112–95, section 336(a). 

Thus, the rulemaking prohibition would 

not apply in the case of general rules 

that the FAA may issue or modify that 

apply to all aircraft, such as rules 

addressing the use of airspace (e.g., the 

2008 rule governing VFR operations in 

the Washington, DC area) for safety or 

security reasons. See 73 FR 46803. The 

statute does not require FAA to exempt 

model aircraft from those rules because 

those rules are not specifically regarding 

model aircraft. On the other hand, a 

model aircraft operated pursuant to the 

terms of section 336 would potentially 

be excepted from a UAS aircraft 

certification rule, for example, because 

of the limitation on future rulemaking 

specifically ‘‘regarding a model aircraft, 

or an aircraft being developed as a 

model aircraft.’’ Public Law 112–95, 

section 336(a). The FAA interprets the 

section 336 rulemaking prohibition as 

one that must be evaluated on a rule-byrule basis. 

Although the FAA believes the 

statutory definition of a model aircraft is 

clear, the FAA provides the following 

explanation of the meanings of ‘‘visual 

line of sight’’ and ‘‘hobby or recreational 

purpose,’’ terms used in the definition 

of model aircraft, because the FAA has 

received a number of questions in this 

area. 

By definition, a model aircraft must 

be ‘‘flown within visual line of sight of 

the person operating the aircraft.’’ 

Public Law 112–95, section 336(c)(2).1

Based on the plain language of the 

statute, the FAA interprets this 

requirement to mean that: (1) The 

aircraft must be visible at all times to 

the operator; (2) that the operator must 

use his or her own natural vision (which 

includes vision corrected by standard 

eyeglasses or contact lenses) to observe 

the aircraft; and (3) people other than 

the operator may not be used in lieu of 

the operator for maintaining visual line 

of sight. Under the criteria above, visual 

line of sight would mean that the 

operator has an unobstructed view of 

the model aircraft. To ensure that the 

operator has the best view of the 

aircraft, the statutory requirement 

would preclude the use of visionenhancing devices, such as binoculars, 

night vision goggles, powered vision 

magnifying devices, and goggles 

designed to provide a ‘‘first-person 

view’’ from the model.2 Such devices 

would limit the operator’s field of view 

thereby reducing his or her ability to 

see-and-avoid other aircraft in the area. 

Additionally, some of these devices 

could dramatically increase the distance 

at which an operator could see the 

aircraft, rendering the statutory visualline-of-sight requirements meaningless. 

Finally, based on the plain language of 

the statute, which says that aircraft must 

be ‘‘flown within the visual line of sight 

of the person operating the aircraft,’’ an 

operator could not rely on another 

person to satisfy the visual line of sight 

requirement. See id. (emphasis added). 

While the statute would not preclude 

using an observer to augment the safety 

of the operation, the operator must be 

able to view the aircraft at all times. 


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3 In construing statutory language, agencies 

should assume that the ordinary meaning of the 

language accurately expresses the legislative 

purpose of Congress. Agencies are also permitted to 

presume that Congress was aware of the agencies’ 

administrative or adjudicative interpretations of 

certain terms and intended to adopt those 

meanings. See BedRoc Ltd. v. U.S., 541 U.S. 176, 

183 (2004); see also Haig v. Agee, 453 U.S. 280, 300 

(1981); Lorillard v. Pons, 434 U.S. 575, 580–81 

(1978). 

4The FAA has also addressed recreational use of 

aircraft by pilots in the Sport and Recreational Pilot 

Certificate rules, which prohibit those pilots from 

acting as pilot in command of an airplane carrying 

passengers or property for compensation or hire, or 

in furtherance of a business. 14 CFR 61.101(e), 

61.315(c). As discussed in the Sport Pilot final rule, 

those prohibitions are designed to limit those pilots 

to ‘‘sport and recreational flying only.’’ 69 FR 

44772, 44839 (July 27, 2004). 

5A commercial operator is a ‘‘person, who, for 

compensation or hire, engages in the carriage by 

aircraft in air commerce of persons or 

property. . . .’’ See 14 CFR 1.1. The FAA would 

therefore not consider a commercial operation to be 

‘‘flown strictly for hobby or recreation purposes’’ 

because it would be conducted for compensation or 

hire. 

6 If an individual offers free shipping in 

association with a purchase or other offer, FAA 

would construe the shipping to be in furtherance 

of a business purpose, and thus, the operation 

would not fall within the statutory requirement of 

recreation or hobby purpose. 

7 ‘‘[C]ommunity-based organizations,’’ for 

example, would include groups such as the 

Academy of Model Aeronautics and others that 

meet the statutory definition. 

The statute requires model aircraft to 

be flown strictly for hobby or 

recreational purposes. Because the 

statute and its legislative history do not 

elaborate on the intended meaning of 

‘‘hobby or recreational purposes,’’ we 

look to their ordinary meaning and also 

the FAA’s previous interpretations to 

understand the direction provided by 

Congress.3 A definition of ‘‘hobby’’ is a 

‘‘pursuit outside one’s regular 

occupation engaged in especially for 

relaxation.’’ Merriam-Webster 

Dictionary, available at www.merriamwebster.com (last accessed June 9, 

2014). A definition of recreation is 

‘‘refreshment of strength and spirits 

after work; a means of refreshment or 

diversion.’’ Id. These uses are consistent 

with the FAA’s 2007 policy on model 

aircraft in which the Agency stated 

model aircraft operating guidelines did 

not apply to ‘‘persons or companies for 

business purposes.’’ See 72 FR at 6690.4

Any operation not conducted strictly 

for hobby or recreation purposes could 

not be operated under the special rule 

for model aircraft. Clearly, commercial 

operations would not be hobby or 

recreation flights.5 Likewise, flights that 

are in furtherance of a business, or 

incidental to a person’s business, would 

not be a hobby or recreation flight. 

Flights conducted incidental to, and 

within the scope of, a business where no 

common carriage is involved, generally 

may operate under FAA’s general 

operating rules of part 91. See Legal 

Interpretation to Scott C. Burgess, from 

Rebecca B. MacPherson, Assistant Chief 

Counsel for Regulations (Nov. 25, 2008). 

Although they are not commercial 

operations conducted for compensation 

or hire, such operations do not qualify 

as a hobby or recreation flight because 

of the nexus between the operator’s 

business and the operation of the 

aircraft. See, e.g., Legal Interpretation to 

BSTC Corporation, from Rebecca B. 

MacPherson, Assistant Chief Counsel 

for Regulations (June 22, 2009) (noting 

transportation of mining employees and 

guests appears to be incidental to and 

within scope of operator’s geological 

business); Legal Interpretation to Scott 

C. Burgess (Nov. 25, 2008) (noting 

transportation of automotive dealership 

employees and guests must be 

incidental to and within scope of 

operator’s real estate development 

business). 

To provide guidance, the following 

are examples of flights that could be 

conducted as hobby or recreation flights 

and other types of flights that would not 

be hobby or recreation. 

Hobby or recreation Not hobby or recreation 

Flying a model aircraft at the local model aircraft club. Receiving money for demonstrating aerobatics with a model aircraft. 

Taking photographs with a model aircraft for personal use. A realtor using a model aircraft to photograph a property that he is trying to sell and using the photos in the property’s real estate listing. 

A person photographing a property or event and selling the photos to 

someone else. 

Using a model aircraft to move a box from point to point without any 

kind of compensation. 

Delivering packages to people for a fee.6

Viewing a field to determine whether crops need water when they are 

grown for personal enjoyment. 

Determining whether crops need to be watered that are grown as part 

of commercial farming operation. 

Operations that meet the section 336 

definition of ‘‘model aircraft’’ must also 

meet the five additional criteria for 

model aircraft established in section 

336(a) to be exempt from future 

rulemaking regarding model aircraft. 

These criteria, with the exception of the 

hobby and recreation standard that was 

previously addressed, are explained 

below. 

Section 336(a)(2) requires model 

aircraft to be operated within a 

community-based set of safety 

guidelines and within the programming 

of a nationwide community-based 

organization. Congress explained that it 

intended ‘‘nationwide community-based 

organization’’ to mean, in part, a 

‘‘membership based association that 

represents the aeromodeling community 

within the Unites States; [and] provides 

its members a comprehensive set of 

safety guidelines that underscores safe 

aeromodeling operations within the 

National Airspace System and the 

protection and safety of the general 

public on the ground. . . .’’ U.S. House, 

FAA Modernization and Reform Act of 

2012, Conference Report (to Accompany 

H.R. 658), 112 H. Rpt. 381 (Feb. 1, 2012) 

(discussion of special rule for model 

aircraft). Based on this language, which 

provides context to Congress’ use of the 

term ‘‘nationwide community-based 

organization,’’ the FAA expects that 

model aircraft operations conducted 

under section 336(a) will be operated 

according to those guidelines.7

Additionally, model aircraft are 

limited to 55 pounds or less. The 

statutory language does not specify 

whether it applies to 55 pounds 

unloaded or 55 pounds with other 

equipment, payload, or fuel, for 

example, on the aircraft. The FAA 

believes that Congress intended for the 

55-pound limit to mean the weight of 

the aircraft at the time of the operation. 

If the weight of the aircraft, alone, was 

the determining factor then it could 

conceivably be loaded with equipment 

or payload increasing the weight of the 

aircraft at time of takeoff well in excess 

of 55 pounds, thereby increasing the 

risk of harm should the operation not 

proceed as planned. The weight at the 

time of operation is also consistent with 

the FAA’s designation of small or large 

aircraft which is determined by an 

aircraft’s maximum certificated takeoff 

weight. See, e.g., 14 CFR 1.1 (defining 

small and large aircraft). Congress’ 

recognition of the increased risk posed 


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8This requirement is consistent with 

longstanding FAA guidance for model aircraft 

operators. See AC 91–57, para. 3 (advising model 

aircraft operators to ‘‘[g]ive right of way to, and 

avoid flying in the proximity of, full-scale 

aircraft.’’). 

9For ease of determining distance, the FAA 

interprets the statute to mean 5 statute miles. 

10This requirement is consistent with 

longstanding FAA guidance for model aircraft 

operators. See AC 91–57, para. 3 (advising model 

aircraft operators to notify an airport operator, 

control tower, for flight service station when 

planning to operate within three miles of an 

airport). 

11 If a group of modelers intends to operate in one 

area, one person could contact air traffic control on 

behalf of the group. Additionally, consistent with 

the statute, the FAA encourages operators who fly 

from a permanent location within 5 miles of an 

airport to ‘‘establish a mutually-agreed upon 

operating procedure with the airport operator and 

the airport air traffic control tower (when an air 

traffic facility is located at the airport).’’ 

12The NAS is broadly described as ‘‘the common 

network of U.S. airspace; air navigation facilities, 

equipment and services, airports or landing areas; 

aeronautical charts, information and services; rules, 

regulations and procedures, technical information, 

and manpower and material. Included are system 

components shared jointly with the military.’’ See 

FAA Aeronautical Information Manual (Apr. 3, 

2014), available at http://www.faa.gov/air_traffic/

publications/media/AIM_Basic_4-03-14.pdf. 

13See 49 U.S.C. 40103(b)(2) (authorizing the FAA 

to prescribe air traffic regulations to protect people 

and property on the ground); Adm’r v. Johnson, 

NTSB Order No. EA–1008, 1977 WL 22279 at *2 

(May 10, 1977) (recognizing FAA authority to 

promulgate regulations to protect persons and 

property on the ground); Adm’r v. Page, NTSB 

Order No. EA–2786, 1988 WL 250725 at *3 (July 19, 

1988) (finding FAA’s rulemaking and enforcement 

authority extends to areas away from runways and 

taxiways—in this case the ramp of a fixed base 

operator). 

14Part 91 does not apply to moored balloons, 

kites, unmanned rockets, and unmanned free 

balloons, and ultralights vehicles operated under 14 

CFR parts 101 and 103. 

by heavier aircraft is demonstrated by 

the more stringent requirements for 

aircraft heavier than 55 pounds in the 

statute which are discussed below. 

Accordingly, the FAA interprets this 

provision to mean the weight of the 

aircraft at the time of the operation must 

not exceed 55 pounds, including the 

weight of any payload and fuel. 

The statute creates an exception for 

model aircraft that exceed the 55-pound 

weight limit if the aircraft is ‘‘certified 

through a design, construction, 

inspection, flight test, and operational 

safety program administered by a 

community-based organization.’’ Public 

Law 112–95, section 336(a)(3). If a 

nationwide community-based 

organization has provided its members 

with a set of safety guidelines that 

define a design, construction, 

inspection, flight test, and operational 

safety program then model aircraft 

constructed in accordance with that 

program may exceed 55 pounds and 

operate in accordance with section 

336(a). 

Model aircraft must not interfere with 

and must give way to any manned 

aircraft. This requirement needs no 

further explanation, and the FAA would 

expect that model aircraft operators 

abide by it.8 We note that model aircraft 

interfering with, or that do not give way 

to, manned aircraft would be subject to 

enforcement action under section 

336(b), as further explained in section 

III below. 

Finally, the statute sets a requirement 

for model aircraft operating within 5 

miles 9 of an airport to notify the airport 

operator and control tower, where 

applicable, prior to operating.10 11 If the 

model aircraft operator provides notice 

of forthcoming operations which are 

then not authorized by air traffic or 

objected to by the airport operator, the 

FAA expects the model aircraft operator 

will not conduct the proposed flights. 

The FAA would consider flying model 

aircraft over the objections of FAA air 

traffic or airport operators to be 

endangering the safety of the NAS. 

Additionally, we note that following 

this 5-mile notification procedure 

would be read in conjunction with FAA 

rules governing airspace usage 

discussed below. 

III. Scope of FAA’s Enforcement 

Authority 

As discussed above, if a model aircraft 

is operated consistently with the terms 

of section 336(a) and (c), then it would 

not be subject to future FAA regulations 

regarding model aircraft. However, 

Congress also recognized the potential 

for such operations to endanger other 

aircraft and systems of the NAS. 

Therefore, it specifically stated that 

‘‘[n]othing in this section shall be 

construed to limit the authority of the 

Administrator to pursue enforcement 

action against persons operating model 

aircraft who endanger the safety of the 

national airspace system.’’ Public Law 

112–95, section 336(b). 

Through this language, Congress 

specifically recognized the FAA’s 

existing authority to take enforcement 

action to protect the safety of the NAS.12

Moreover, it did not limit the FAA’s 

authority to take enforcement action 

where a violation of a regulation results 

in the endangerment of the NAS. As 

demonstrated by the FAA’s statutory 

and regulatory authorities, our charge to 

protect the safety of the NAS is not only 

intended to protect users of the airspace, 

but is also intended to protect persons 

and property on the ground.13

For example, the FAA regulates lowaltitude operations to protect people 

and property on the ground. The FAA 

permits aircraft operations below 500 

feet when flown over open water and in 

sparsely populated areas. 14 CFR 

91.119(c). Such operations may not be 

conducted ‘‘closer than 500 feet to any 

person, vessel, vehicle, or structure.’’ Id. 

Therefore, although such low-altitude 

operations may pose a lower risk to 

aircraft flying much higher, the 

operation may still pose a risk to 

persons and property on the ground 

warranting enforcement action when 

conducted unsafely. See, e.g., Adm’r v. 

Kachalsky, NTSB Order No. EA–4847, 

2000 WL 1072332 (July 24, 2000) 

(affirming a violation of § 91.119(c) for 

operating within 500 feet of a dwelling 

in a sparsely populated area); Adm’r v. 

Beissel, NTSB Docket No. SE–19436, 

2013 WL 7809754 (Dec. 11, 2014) 

(ordering suspension of a pilot 

certificate when pilot flew a helicopter 

less than 40 feet above the surface of a 

lake). 

Reading the broad reference to the 

NAS, along with Congress’ clear interest 

in ensuring that model aircraft are safely 

operated, we conclude that Congress 

intended for the FAA to be able to rely 

on a range of our existing regulations to 

protect users of the airspace and people 

and property on the ground. Therefore, 

regardless of whether a model aircraft 

satisfies the statutory definition and 

operational requirements described 

above, if the model aircraft is operated 

in such a manner that endangers the 

safety of the NAS, the FAA may take 

enforcement action consistent with 

Congress’ mandate. 

IV. Examples of Regulations That 

Apply to Model Aircraft 

The FAA could apply several 

regulations in part 91 when determining 

whether to take enforcement action 

against a model aircraft operator for 

endangering the NAS. The FAA’s 

general operating and flight rules are 

housed in part 91 of the FAA’s 

regulations. These rules are the baseline 

rules that apply to all aircraft operated 

in the United States with limited 

exceptions,14 and are the appropriate 

rules to apply when evaluating model 

aircraft operations. See 14 CFR 91.1. 

Rules relevant to these operations fall 

generally into three categories: (1) How 

the aircraft is operated; (2) operating 

rules for designated airspace; and, (3) 

special restrictions such as temporary 

flight restrictions (TFRs) and notices to 

airmen (NOTAMs). These rules are 

discussed in greater detail below. 

Rules addressing operation of the 

aircraft may include prohibitions on 

careless or reckless operation and 

dropping objects so as to create a hazard 


emcdonald on DSK67QTVN1PROD with RULES3
36176 Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / Rules and Regulations 

15Additionally, model aircraft must not interfere 

with and must always give way to any manned 

aircraft. Section 336(a)(4). 

to persons or property. See 14 CFR 

91.13 through 91.15. Additionally, 

§ 91.113 establishes right-of-way rules 

for converging aircraft.15 Model aircraft 

that do not comply with those rules 

could be subject to FAA enforcement 

action. 

Rules governing operations in 

designated airspace are found in 

§§ 91.126 through 91.135. In general, 

those rules establish requirements for 

operating in the various classes of 

airspace, and near airports in nondesignated airspace to minimize risk of 

collision in higher traffic airspace. 

Generally, if an operator is unable to 

comply with the regulatory 

requirements for operating in a 

particular class of airspace, the operator 

would need authorization from air 

traffic control to operate in that area. 

See, e.g., 14 CFR 91.127(a), 91.129(a). 

Operations within restricted areas 

designated in part 73 would be 

prohibited without permission from the 

using or controlling agency. 

Accordingly, as part of the requirements 

for model aircraft operations within 5 

miles of an airport set forth in section 

336(a)(4) of Public Law 112–95, the 

FAA would expect modelers operating 

model aircraft in airspace covered by 

§§ 91.126 through 91.135 and part 73 to 

obtain authorization from air traffic 

control prior to operating. 

The third category of rules relevant to 

model aircraft operations are rules 

relating to operations in areas covered 

by temporary flight restrictions and 

NOTAMs found in §§ 91.137 through 

91.145. The FAA would expect that 

model aircraft operations comply with 

restrictions on airspace when 

established under these rules. 

Other rules in part 91, or other parts 

of the regulations, may apply to model 

aircraft operations, depending on the 

particular circumstances of the 

operation. The regulations cited above 

are not intended to be an exhaustive list 

of rules that could apply to model 

aircraft operations. The FAA anticipates 

that the cited regulations are the ones 

that would most commonly apply to 

model aircraft operations. 

Issued in Washington, DC, on June 18, 

2014. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2014–14948 Filed 6–23–14; 4:15 pm] 

BILLING CODE 4910–13–P 


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