ddublu said:
So where CAN you fly? Where do you fly?
If you look at a sectional map for your area,
http://www.faa.gov/air_traffic/flight_info/aeronav/digital_products/vfr/ the only places I would fly with extra caution are the inner magenta circle. With extreme caution inside the blue circle around airports (the inner circles are 5 statute miles). There's also the prohibited areas marked with a blue hash border. Definitely don't fly there.
Section 336 (a) 5) of Public Law 112-95
The FAA is asserting that modelers must comply with Sec. 336 of the FMRA of 2012, which is a regulation that has not yet been adopted and is, therefore, not enforceable. The AMA and two other organizations have filed suit against the FAA over section 336.
From Dronelawjournal.com:
"Bearing in mind that the FMRA obliges only the FAA and not the general public, if the FAA is still developing regulations, as Congress ordered it to do under the FMRA, then by definition those regulations, including any based upon Sec. 336, don’t yet exist in any enforceable form. So the FAA claims authority ... upon a non-existent prospective regulation, which is not yet enforceable."
From Brendan Schulman (Pirker's lawyer):
"The 2012 statute instructed the FAA to create rules using the notice and comment rulemaking process, with public input, not to issue policy statements. By stating that this policy is 'effective immediately,' the FAA is once again trying to impose new rules without consulting with the public,"
While it is not required since enforcement of Section 336 is arguable, towers and airport managers
do appreciate being notified of model flight within five miles of their facility.