delete PART 766—USE OF DEPARTMENT OF THE NAVY AVIATION FACILITIES BY CIVIL AIRCRAFT
1970 Navy regulation governing use of Navy/Marine Corps aviation facilities by civil and foreign government aircraft. Establishes licensing, insurance, and approval requirements. Limits use to non-commercial operations not interfering with military missions when no adequate civil airport exists. Requires compliance with military rules, FAA regulations, and diplomatic clearances. Mandates extensive insurance coverage and liability waivers. Provides framework for emergency landings, technical stops, and joint-use agreements.
This represents federal overreach and regulatory capture. The regulation imposes extensive bureaucratic burdens—licenses, security deposits, diplomatic approvals, and mandatory insurance minima—on civil aviation, creating barriers to entry and distorting market efficiency. Military facilities are public assets, but this top-down control prevents voluntary, efficient arrangements between the Navy and users. The requirement that use be 'necessary' with 'no adequate civil airport' invites subjective discretion and protectionism. Compliance costs exceed any marginal security benefits; military readiness can be protected through simpler contracts and tort liability. The rule embodies the 'foxes designing the henhouse'—the Navy writes rules that preserve its control while extracting fees and limiting civilian access to underutilized infrastructure. States and localities should determine access to aviation facilities under the Tenth Amendment.