We note that FAA Order 8900.1, 5-503, which you referenced in your letter, is inconsistent with the current regulation.
In fact the letter is stamped 4 January 2010 - and they'd apparently not caught up with the new interpretation, paperwork wise. It had been over two years. It seems that many of these rulings catch the rest of the agency by surprise. "Oh, oh yeah, this is what we mean".
Good link. Thank you.