I will happily admit that the AMA may have a bad interpretation (which is immaterial now because of the demise of 336), if you will also admit that the FAA interpretation may not be what Congress intended:
Section 336(a)(2) requires model aircraft to be operated within a community-based set of safety guidelines and within the programming of a nationwide community-based organization. Congress explained that it intended “nationwide community-based organization” to mean, in part, a “membership based association that represents the aeromodeling community within the Unites States; [and] provides its members a comprehensive set of safety guidelines that underscores safe aeromodeling operations within the National Airspace System and the protection and safety of the general public on the ground . . . .”
U.S. House, FAA Modernization and Reform Act of 2012, Conference Report (to Accompany H.R. 658), 112 H. Rpt. 381 (Feb. 1, 2012) (discussion of special rule for model aircraft). Based on this language, which provides context to Congress’ use of the term “nationwide community-based organization,” the FAA expects that model aircraft operations conducted under section 336(a) will be operated according to those guidelines.7
7 “[C]ommunity-based organizations,” for example, would include groups such as the Academy of Model Aeronautics and others that meet the statutory definition.
If Congress did not intend to require membership in a CBO, then why did they not state "in accordance with the programming" instead of "within the programming"?
If Congress did not mean to require membership in a CBO, why was footnote #7 placed in 112 H Rpt 381? (where these quotes came directly from)
Just like when the FAA instituted registration, in what turned out to be a violation of 336 (as intended by Congress), it is entirely possible that they also did not actually follow Congress's intentions here.
Again, a moot point since 336 no longer rules the land.
And if it makes you all happy, under the current FAA interpretation, the AMA, and Mr. Hanson, have falsely stated that membership is required. And if Mr. Hanson's intention was to force membership in the AMA, then that too is wrong and he should be immediately removed from his position, flogged, drawn and quartered, and then shot at dawn. Happy?
R_Strowe