Agreed, and as usual the FAA is generating more and more confusion, as is their way. One reason I am holding off per the AMA is to give the AMA time to hopefully lessen that confusion for us.
I posted this on another forum regarding the FAA wanting agreement to a 400 foot guideline as part of the registration process:
I've softened my thinking on the 400 guideline FAA wants us to agree to as part of the registration process. The only way it comes into play is if you cause an incident above 400 feet which they decide to pursue enforcement action on, most likely under Part 91.13 - Reckless/Careless operations. Even then it plays in only as a means to get you to acknowledge that you recognized a potential risk of flying over 400 feet.
FAA has zero current, or proposed, regulatory means to enforce an actual altitude limit. Which is why, to date, they have not issued a single altitude related violation because they have no FAR to point to.
The NPRM published last February makes no mention of altitude in the hobby portion, Part 101.41. In the commercial portion they do have some altitude limits for various commercial operations.
So unless, and until, I see a change to the proposed Part 101.41, I am not going to get too wrapped up about the "400-foot" rule. The real danger is in so many people, both inside and outside, the hobby acting/thinking there is such a rule.