Well, the FAA has the final say, but personally I think that they are behind the times and perhaps still living in an age when drones didn't have high-quality air-to-ground video links and the only way to gain situational awareness of what one's drone is doing is by visually sighting it in the sky. I think that a strong argument can be made that an operator has better situational awareness of their drone by looking down at their controller and the in-flight video display on their smartphone than looking up and spotting the drone in the sky. By looking down one has full information on the status of the drone, including its orientation, distance, height, battery level, motor rpm's, remaining flight time, etc.. By looking up at the drone, what can you learn? If it's at a distance, you can't even tell what the orientation of the drone is just by looking at it. Maybe you can make a very rough guess of its distance and height, but that's about it. Meanwhile, by looking up you're missing out on knowing how much flight time it has left (very important information!) and it's battery level. So, personally, the FAA rules don't make a lot of sense to me.