"Tarver Engineering" wrote:

NASA is an extra Constitutional entity, just like US DOT and they are
identical in being Congressional authority delegated to the Executive.


Do you stay up late at night making this stuff up? NASA is an agency
established by the Executive branch to "execute" under the
authorization and appropriations of enabling legislation enacted by
the Legislative branch. There's nothing "extra Constitutional" about
it.

Congressional "authority", in other words the power of the Legislative
branch as described in the Constitution cannot be "delegated" to the
Executive. Congress enacts legislation as described in Article I,
section 8. The Executive then "executes" the legislation. There's no
"delegation" since, by definition the act of delegating implies a
subordinate/superior relationship.

As for the basic question regarding FAA authority over military
aviation operations, except in special use airspace, the military is
expected to comply fully with FAA direction. The governing regulation
for the USAF (used to be AFM 60-16 "Flight Operating Rules") specifies
that operations "will be conducted to the maximum extent practicable,
under IFR"--which includes filing of FAA flight plans and compliance
with FAA ARTC throughout. Exceptions, such as operating at higher
speed under 10,000 feet, are well coordinated with FAA.


Ed Rasimus
Fighter Pilot (ret)
***"When Thunder Rolled:
*** An F-105 Pilot Over N. Vietnam"
*** from Smithsonian Books
ISBN: 1588341038