In the event that the Department of Defense (DOD) wishes to dedicate airspace over North Dakota for exclusive use by the military unmanned aircraft systems, this cannot be done by simply making a declaration to the civil aircraft. The DOD will have to undertake significant measures to ensure that the law is changed to ensure the civilians who had previously used the particular airspace are informed through the regulatory systems. The process is similar to changing the laws that are currently in place that recognize the area as free for use by civilians. In this regard, making a declaration declaring exclusive use by the military unmanned systems would be illegal.
In an attempt to change the rules of the airspace from free to off limits for civilian aircraft the DOD should follow the Administrative Procedure Act. This federal statute regulates the ways in which administrative agencies may propose and consequently enforce regulations. The judiciary is given oversight throughout this process. This procedure is referred to as the Notice of Proposed Rulemaking (NPRM) whereby the government agency seeks to add, eliminate or make changes to existing rules. It serves as a notice to the public who may be affected by the law such that the agency listens to complaints that may arise.
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Interested parties within the region such as Aircraft Owners and Pilots Association are provided with ample time to present their opinions on the changes proposed. These persons may receive notification through a publication in the Federal Register. However, one is not necessary if the parties are all served with a personal copy. Each of the parties has 60 days to present their comments in the comments section of the Federal Register under the particular proposed rules and regulations. Furthermore, 30 days are added for reply comments. In the case where the latter result in drastic change of the proposed regulations the further notice of proposed rulemaking (FNPRM) will follow.
