334 is the impetus for for various govt parties/agencies to develop the guidance/rules/law regarding UAS' within a certain time frame. It's the framework/outline of which the Special Rule for Model Aircraft - sec 336 - is based on. 334 is NOT the law of the land. It is simply the force by which 336 was developed and implemented. Throughout all of the guidance put out by the FAA - sec 336 - not 334 - is what is referenced & is what should be followed.
336 is the actual rule - which states the requirement for which NO OTHER FAA rule or regulation can be applied - because operating a UAS per the 5 criteria qualifies it as a
model aircraft.
Title 14 of the Code of Federal Regulations which contains all Federal Aviation Administration regulations has precedence and those definitions throughout. You simply cannot argue with Title 14 (except where other definitions are outlined & reference to a new definition superseding Title 14 should be applied).
As you stated - "we're all obliged to fly responsibily and not endanger the NAS" - and as such, rules were put in place. No where in those rules is there a "test" to determine which airports (which includes helipads by legal definition!) you can pick & choose to notify or not in order to legally operate under the "special rule for model aircraft". There is nothing that says "there is no need to notify an underused airport" (or heliport).
Again - it's so simple. If you do not call a helipad that is within 5 miles of your location because you felt it was "underutilized" - and an incident occurred with an aircraft taking off/landing at said helipad - you most certainly will be negligent for not making the notification.
Do you not see the potential for recklessness if you apply your same logic to an "underutilized airport" (of the conventional sense in your eyes for the sake of argument)?
Who determines what underutilized is? An airport that get's only 2 flights a day? 2 flights a month? 2 flights a year? or one that get's only 10 flights a day - compared to one that has 60 flights a day?
The easiest solution - and adherence to law - would be to have a written agreement with said airport (which includes helipads). Otherwise, operators leave themselves open to negligence if they fail to notify.
To your argument regarding AirMap - ask them. You can't use their site/data as basis for compliance with the law.
This is the last I'm commenting on this. And the reason I have been commenting is in case others come across this thread - so they are safe & legal.
This should be the final piece to put this to bed. On the FAAs' website...under their FAQ for UAS...go to the "Flying for Fun (recreational or hobby) section...question number 6:
Unmanned Aircraft Systems (UAS) Frequently Asked Questions
They broke it down for those of you who don't understand the legal definition of an "airport" as I've tried to explain . . .
Do I have to notify all airports within five miles of where I want to fly recreationally?
Yes, you must contact any airports (including heliports and sea-based airports) and air traffic control towers within five miles of your proposed area of operations if flying under the Special Rule for Model Aircraft (Public Law 112-95, Section 336).