Kittykatwhatever,
There is an old saying: If you keep your trap shut, somebody might think you are a fool, why open your mouth and confirm it.
If you bothered to read the NPRM, your would find a provision that, if you have a radio, you must use it, there is nothing "non-mandatory" about using a radio, if it is serviceable, and you are suitably qualified.
This actually plugs a regulatory hole created by "unintended consequences" of previously incomplete legislative change.
This is generally a better than average NPRM, but watch out for Regionals, they will be able to legally land downwind, something they always did, anyway.
Tootle pip!!