USAF F-16 Instructor Discusses Flying Into MOAs

buttman wrote:
On Apr 4, 11:17 am, Larry Dighera wrote:

While I can appreciate the AF's frustration at having their training
exercises interrupted, I doubt that that gives them license to
violate FAR 91.111(b) by flying in formation with a civilian aircraft
without prior arrangement.

The military doesn't have to obey the FARs. They have their own rules
they go by.

WRONG.

That is a common, but incorrect, belief. Here are the laws (you may
browse them starting from [1]) that grants FAA authority even over
military operations and the cases when the military may deviate from FAA
regulations (note (d)(4) and (d)(6)):

" TITLE 49--TRANSPORTATION

SUBTITLE VII--AVIATION PROGRAMS

PART A--AIR COMMERCE AND SAFETY

subpart i--general

CHAPTER 401--GENERAL PROVISIONS
Sec. 40101. Policy
[...]
(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.
(5) consolidating research and development for air navigation
facilities and the installation and operation of those facilities.
(6) developing and operating a common system of air traffic
control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the
enforcement of laws related to regulation of controlled substances,
to the extent consistent with aviation safety." [2]

And here are the exceptions under which the military may deviate from
those regulations:

"Sec. 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." [3]

[1] http://www.access.gpo.gov/uscode/tit...titlevii_.html

[2] http://frwebgate.access.gpo.gov/cgi-...:+49USC4010 1

[3] http://frwebgate.access.gpo.gov/cgi-...:+49USC4010 6