Originally Posted by
Top_Gunn
No. That law does not require any modeler to do anything. It (purportedly, anyway) puts limits on what kinds of regulations the FAA can write. Until those regulations appear, no modeler can possibly be fined or otherwise penalized for "violating" section 336(a)(5), or any other part of that law.
FAA can write regulations as they will, and enforce regulations already on the books as they have stated in their interpretation of that law. The 'limits' are on their enforcement action, i.e., new model aircraft regulations cannot be invoked against CBO members and apparently otherwise CBO 'programmed' individuals. That is if a CBO exists that meets the conditions in the PL........there seems to be some uncertainty about when/if ever that might happen.
IANAL but I think they don't need to create any regulation(s) to apply those that already exist if they deem a modeler's actions to compromise safety of the NAS.