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Addendum

Lesson 7

[NOTE: As part of the SAFE Library Editorial Review Committee (LERC) review of this article, questions were raised regarding VFR flight through restricted areas – about whether or not a clearance or some form of “permission” was required. The question was raised in a review of part 73 which, in several points, makes mention of “permission” but does not refer to “clearance” in relation to certain designated airspace – including restricted. Conversations with representatives of different parts of the FAA were carried out at OSH, and conflicting answers were received from those conversations. As a result, a letter was directed to the Office of the Chief Counsel for the FAA and the answer is in this article. Paraphrasing from the rest of the opinion letter, while a restricted area is designated on the chart, it is only actually a restricted area when it is designated as being in use – or “hot”. So, if it is not in use, it is not restricted, and clearance is not needed to fly into or through it. Keep in mind, however, that “published” hours are only a suggestion of when it might be in use, the final determination must come from the using or controlling agency – usually through a call to the controlling ATC facility. – SAFE LERC]

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