C J Campbell wrote:
I see nothing in the FARs which give the FAA authority over military
operations.
You're looking in the wrong place! I believe the Federal Aviation Act of
1958[1] was the first legislation that gave the FAA sole responsibility
for a common civil-military system of air navigation and air traffic
control.
Section (d)(4) of reference [2] appears to be the relevant passage of the
current law that grants the FAA the power to regulate both military and
civilian traffic in the U.S. national airspace:
"(d) Safety Considerations in Public Interest. - In carrying out
subpart III of this part and those provisions of subpart IV
applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others, as being in the
public interest:
(1) assigning, maintaining, and enhancing safety and security
as the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety
and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new
aviation technology.
(4) controlling the use of the navigable airspace and
regulating civil and military operations in that airspace in the
interest of the safety and efficiency of both of those
operations."
And the only exceptions to the FAA's regulatory power over the national
airspace seem to appear in reference [3]:
"Section 40106. Emergency powers
(a) Deviations From Regulations. - Appropriate military authority
may authorize aircraft of the armed forces of the United States to
deviate from air traffic regulations prescribed under section
40103(b)(1) and (2) of this title when the authority decides the
deviation is essential to the national defense because of a
military emergency or urgent military necessity. The authority
shall -
(1) give the Administrator of the Federal Aviation
Administration prior notice of the deviation at the earliest
practicable time; and
(2) to the extent time and circumstances allow, make every
reasonable effort to consult with the Administrator and arrange
for the deviation in advance on a mutually agreeable basis.
(b) Suspension of Authority. - (1) When the President decides
that the government of a foreign country is acting inconsistently
with the Convention for the Suppression of Unlawful Seizure of
Aircraft or that the government of a foreign country allows
territory under its jurisdiction to be used as a base of operations
or training of, or as a sanctuary for, or arms, aids, or abets, a
terrorist organization that knowingly uses the unlawful seizure, or
the threat of an unlawful seizure, of an aircraft as an instrument
of policy, the President may suspend the authority of -
(A) an air carrier or foreign air carrier to provide foreign
air transportation to and from that foreign country;
(B) a person to operate aircraft in foreign air commerce to and
from that foreign country;
(C) a foreign air carrier to provide foreign air transportation
between the United States and another country that maintains air
service with the foreign country; and
(D) a foreign person to operate aircraft in foreign air
commerce between the United States and another country that
maintains air service with the foreign country.
(2) The President may act under this subsection without notice or
a hearing. The suspension remains in effect for as long as the
President decides is necessary to ensure the security of aircraft
against unlawful seizure. Notwithstanding section 40105(b) of this
title, the authority of the President to suspend rights under this
subsection is a condition to a certificate of public convenience
and necessity, air carrier operating certificate, foreign air
carrier or foreign aircraft permit, or foreign air carrier
operating specification issued by the Secretary of Transportation
under this part.
(3) An air carrier or foreign air carrier may not provide foreign
air transportation, and a person may not operate aircraft in
foreign air commerce, in violation of a suspension of authority
under this subsection."
See also "Section 40107. Presidential transfers" and "Section 40103.
Sovereignty and use of airspace".
References:
[1] Wikipedia, under "Federal Aviation Administration":
http://en.wikipedia.org/wiki/Federal...Administration
[2] "United States Code
* TITLE 49 - TRANSPORTATION
* SUBTITLE VII - AVIATION PROGRAMS
* PART A - AIR COMMERCE AND SAFETY
* SUBPART I - GENERAL
* Chapter 401. General Provisions
* Section 40101. Policy"
http://caselaw.lp.findlaw.com/caseco...ion_40101.html
[3] "United States Code
* TITLE 49 - TRANSPORTATION
* SUBTITLE VII - AVIATION PROGRAMS
* PART A - AIR COMMERCE AND SAFETY
* SUBPART I - GENERAL
* Chapter 401. General Provisions
* Section 40106. Emergency Powers"
http://caselaw.lp.findlaw.com/caseco...ion_40106.html