There is an underlying rule of legal interpretation that where there is ambiguity, the law does not support an unreasonable interpretation.
It is unreasonable and unrealistic to expect that the FCC in Part 95e would allow handheld GMRS radios to have an unlimited power limit (irrespective of what the exposure limits might be).
A more reasonable interpretation of Section 95.1767(a) is that handhelds are limited to 5 watts, as specifically mentioned in subsections (b) and (c) of that rule.
So if you operated a 60 watt homemade handheld GMRS radio, and were charged with violating Section 95.1767, you could not defend yourself on the basis that the Rule is silent on the wattage limit for handhelds.
See, United States of America, Ex Rel. Phalp, et al. v. Lincare Holdings, Inc. et al., Case No. 16-10532, 2017 WL 2296878 (11th Cir. May 26, 2017)
Do you still think I am wrong in my interpretation?