This notice reflects the FAAs current interpretation of the rules that are already in place. They are telling us that these points will guide their enforcement activity effective immediately. Whether or not their enforcement activities hold up in court is a different question, but unless you have the wherewithal to fight them in court, it would be best not to be the subject of their enforcement.

Once again, from the press release. While today’s notice is immediately effective, the agency welcomes comments from the public which may help further inform its analysis. The comment period for the notice will close 30 days from publication in the Federal Register.