Originally Posted by
JohnShe
Well, it clearly excludes any new regulations for recreational model aircraft, and that is all that I care about.
However the FAA Interpretation states that nothing stops the FAA from making rules and regulations that apply to all "aircraft". They just can't make a new rule or regulation that only applies only to "model aircraft".
However, the prohibition against future rulemaking is not a complete bar onrulemaking that may have an effect on model aircraft. As noted above, the rulemaking
limitation applies only to rulemaking actions specifically “regarding a model aircraft or an aircraft being developed as a model aircraft.” P.L. 112-95, section 336(a). Thus, the
rulemaking prohibition would not apply in the case of general rules that the FAA may issue or modify that apply to all aircraft, such as rules addressing the use of airspace (e.g.,
the 2008 rule governing VFR operations in the Washington, DC area) for safety or security reasons. See 73 FR 46803. The statute does not require FAA to exempt model
aircraft from those rules because those rules are not specifically regarding model aircraft
So under their existing authority to regulate the usage of airspace they can limit "model aircraft: to 400' and if they decide that all pilots of aircraft need a license and medical they can require that for "model aircraft" pilots.
Remember the TSA just declared "model aircraft" to be "aircraft"