Originally Posted by
Sport_Pilot
By rule I do mean the AMA rule which will no longer be voluntary when this new regulation takes place. The CBO rules can then be enforced by the FAA. It would be considered endangering the NAS I suppose, though it is not clear what that is.
Got it. For the sake of accuracy, here is the actual rule:
(c) Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the airport operator.
So you can fly above 400 feet if you notify the airport operator. However, keep in mind, that regardless of altitude, Section 336 requires notification when within 5 miles of the airport:
(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)).
BTW - Section 336 is actual law right now. There is no further action needed by the FAA or any other agency to make it so. It became effective the day it was signed into law in 2012.