From Motherboard:
"The agency is trying to assert that commercial flight of drones is illegal, despite there being no official, legally-enforceable regulations against it—a point that the FAA has already lost in court (an appeal is still pending). It's also trying to make the same tired argument that if a drone is used for a commercial purpose, it ceases being a "model" aircraft and becomes a standard one—the exact same argument a judge threw out just months ago. The document also tries to say that these new rules are already in effect, and have been for roughly two years."