Hoss, there is precedence in the FAA regulations for a situation where "notify" is all that is required for an aeromodeling activity.
The rocketry folks were able to get the FAA to agree to be notified (only) when modelers are operating what are termed "mid size" rockets (more than one pound, but not to exceed 3.3 lbs and not to exceed 4.4 oz of propellant) are being operated. The FAA does not have to give permission. It is in place and operating.
I feel that model aircraft operating within 5 miles of an airport would fulfill all safety needs by using the notification only system that was in 336, plus the AMA document you links above. The FAA is overstepping the letter of the law in 336 which states they are to be notified only.
There has already been a report that an airport operator who was approached since June 24 suggested that if modelers wanted to fly within 5 miles of an airport, they had better consider getting a sport pilot license. Unbelievable. If the FAA requirement for permission is allowed to stand, there will at least 50 different interpretations of what is allowed or not allowed for ever 75 airports of ATCs asked.
The model industry and the AMA need to team up, lawyer up and do battle in the courts and on Capitol Hill so that we get the degree of model aircraft operating freedom intended in 336 and not be subject to the FAAs capricious and overreaching interpretation of 336. I will put some money where my mouth is, in support of this legal action, even though nothing in the FAA letter actually affects me and where and how I fly.
Last edited by Thomas B; 07-05-2014 at 12:16 PM.