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Express your agreement or disagreement with their analyses and clearly state your reasons. The Department of Defense (DOD) wishes to dedicate a block of airspace

Express your agreement or disagreement with their analyses and clearly state your reasons.

The Department of Defense (DOD) wishes to dedicate a block of airspace over North Dakota to the exclusive use of unmanned aircraft systems:

Can the DOD simply declare the space off limits to civil aircraft?

No, the Department of Defense cannot exclusively declare the space off limits to civil aircraft. In the year 1958, the Federal Aviation Act gave the Federal Aviation Administration (FAA) full responsibility for the "safe and efficient management of all navigable airspace within the continental United States." However, when the Federal Aviation Act of 1958 was put into effect, it still required the FAA to consider "national defense, commercial aviation, general aviation, and the public right of freedom of transit through the navigable airspace."

If not, how must the DOD proceed if it wishes to accomplish these tasks?

The Department of Defense (DOD) has Military Representatives to the FAA called MilReps. The MilReps work closely with the FAA to assist with coordinating airspace changes for their military units. There is also a process that must be followed when requesting designated airspace through the FAA. This could happen in one of two ways. One way is a proposal for the change that will begin with the FAA and be approved by the FAA. For the second way, a petition for the restricted airspace will be submitted to the FAA, by the requestor, in this case, the Department of Defense. Once the petition was approved, the FAA will submit the proposal for the requested airspace to give the public the opportunity to speak their opinion on the change.

Will interested persons and organizations, such as the Aircraft Owners and Pilots Association, have an opportunity to express their opinions about the proposed change?

Yes, interested persons and organizations, such as the Aircraft Owners and Pilots Association will have an opportunity to express their opinions about the proposed change. This will be done when the FAA submits the proposal for the requested airspace change. Once the proposal is submitted, the requested change will become public knowledge. This will allow interested persons and organizations the opportunity to present any comments or concerns that they have with the proposed restricted airspace changes. The FAA will take all of this into consideration prior to approving the proposed airspace change.

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