As the rules have not been proposed or consulted on I think it's jumping to conclusions to decide that the FRA has made an absolute ban on 40MHz. It would not be appropriate to make a rule change without first consulting the membership and event organisers. Under normal circumstances the finer details would have been discussed at the next meeting prior to a consultation period.
Kane, clearly I am missing something here, the FRA official rules page states:

Please note that from January 1st 2010, 40MHz will no longer be permitted for use in feather weight and above. The only permissible radio frequencies will be 459MHz and 2.4GHz for these classes.
So let's analyse the FRA statement: no longer be permitted, only permissible radio frequencies will be 459MHz and 2.4GHz - How is that jumping to conclusions?

I have requested that the FRA demonstrate how it considers 40MHz to be unsafe now so let's see some facts. It's about time this forum livened up a bit and it's a time for you to shine Kane, so please answer questions as best you are able to in your official capacity, thank you. At the moment all I have heard from you is as I see it attempts to justify a decision using scare tatics such as Especially when the continued use is likely to lead to a accident.

The FRA has been quick in the past to refuse EO's PII if they do not follow the FRA rules in full so how can an EO allow 40MHz when the FRA has stated they will not be permitted next year? I recall the FRA threatening to withdraw PII cover for an event if I entered because I was not at that time a FRA member!