Originally Posted by
cj_rumley
I think you are 'right on' up to this point, Brad.
Yes, there are 'regulations' by federal statute, since PL-112-95 was signed into law. Those regulations are what AMA proposed, filtered thru Congressional Committees, and once passed, interpreted by FAA as the agency designated to enforce them. FAA does not need to publish any rules of their own making to enforce those statutes. It isn't proposed rules ala NPRM, it is law that is effective ATT. Theoretically I suppose they could enforce future regulations they may propagate against non CBO members or camp followers IF they ever make any future regulations for model aircraft specifically and IF they recognize some CBO(s). That may forever remain in limbo, as FAA is now saying they don't have the authority to recognize a CBO, and no agency that does have such authority has been identified. I would guess that it would have to come from Congress itself or a high enough court to decide what Congress meant, but IANAL so that is most certainly not legal advice, just a WAG.
cj
112-95 directs the FAA to write regulations per the laws instructions. It is not law that the FAA can enforce. They must write the regulation first. BTW the FAA was given authority to write regulations a long time ago and they never wrote any regulations that covered model airplanes. An AC is not a regulation.