This CBO thing is interesting......... just what/who is a CBO? We all assume that the AMA is a CBO but that DOES NOT MEAN that they will be the only CBO.
Now what if the CBO "programming" conflicts with the FAA's "Interpretation" of Sec 336?
The AMA says 400' within 5 miles of an airport. The FAA seems to say 400' everywhere.
The AMA says FPV using goggles with a spotter is OK. The FAA says the pilot controlling the model cannot be using FPV goggles/
Which takes precedent?
If it is the FAA "interpretation" how does not Sec 336 exclude additional rules or regulation?
Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft,
If it is the CBO "programming" what stops the creation of other CBO's (for example a FPV CBO) that would allow more permissive activities than the FAA Interpretation as long as:
regarding a model aircraft, or an aircraft being developed as a model aircraft, if
(1) the aircraft is flown strictly for hobby or recreational use;
(2) the aircraft is operated in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).
Of course there is always the FAA fallback
(b) STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.
BUT THE ABILITY TO PURSUE ENFORCEMENT ACTION REQUIRES A SPECIFIC ACTIVITY "PERSONS OPERATING MODEL AIRCRAFT WHO ENDANGER THE SAFETY OF THE NATIONAL AIRSPACE SYSTEM", THAT DOES NOT IMHO INVALIDATE :
"SPECIAL RULE FOR MODEL AIRCRAFT.
(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft,
[