Originally Posted by rhklenke

Of course the FAA has appealed this decision, but if you go strictly by the law, the FAA has over-stepped their regulatory authority and is issuing "memos" and "policy statements" to attempt to circumvent the law without going through the *required* rule-making process. This newest "interpretation" is just that, a (legal) opinion, NOT a regulation. True, no one individual would want to go up against the FAA, but there are a *lot* of attorneys lined up on the other side of this issue.

This is just another salvo in this debate...