U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

ORDER
JO 7400.2K
Effective Date:
April 3, 2014
 
     

Subject:  Procedures for Handling Airspace Matters
This Basic includes Change 1 effective 7/24/14.

 

Section 5. Processing Nonrulemaking Airspace Actions

2-5-1. PURPOSE

This section prescribes procedures to be followed when establishing, modifying, or revoking nonrulemaking airspace (e.g., Military Operations Area, warning areas, etc.).

2-5-2. IDENTIFICATION

Identify nonrulemaking cases by a study number that includes the last two digits of the calendar year, the abbreviation of the appropriate regional or airports district office, a consecutively assigned number within each calendar year, and “NR" (nonrulemaking), “NRA" (nonrulemaking airport), or “OE" (obstruction evaluation) as appropriate.

EXAMPLE-
1. 00-AWP-1-NR for studies involving navigational aids and nonrulemaking Special Use Airspace (SUA) cases (i.e., Alert Areas, Controlled Firing Areas, MOAs, and Warning Areas).

2. 00-ASO-1-NRA for studies involving airports.

3. 00-AGL-1-OE for studies involving surface structures.

4. 00-ORL-1-NRA for studies processed by an airports district office.

2-5-3. CIRCULARIZATION

a. Except for NRA airspace proposals, nonrulemaking airspace proposals must be circularized by the service area office unless procedures for processing particular types of proposals allow exemptions to circularization. Each notice must contain a complete, detailed description of the proposal including charts, if appropriate, that will assist interested persons in preparing comments. Circularization lists must include, but not be limited to, all known aviation interested persons and groups such as the state aviation agencies; regional military representatives; national and local offices of aviation organizations; local flight schools, local airport owners, managers, and fixed base operators; and local air taxi and charter flight offices. Normally, a 45-day comment period should be provided. Other parts in this order contain additional guidance regarding circularization.

b. Identify in the nonrulemaking circular any regulatory changes (e.g., part 71) that will be effected if the nonrulemaking proposal is adopted. Describe the regulatory changes in as much detail as is known at the time (e.g., radials, distances, and coordinates).

c. Regions/service area offices must coordinate with their respective state aviation representatives to ascertain which nonrulemaking circulars each state is interested in receiving. If various agencies within a state government request copies of particular circulars, the region/service area office may request that one agency be designated to receive and distribute the requested copies.

d. Send one copy of each nonrulemaking circular to Airspace Regulations and ATC Procedures Group.

e. Except for Class B and Class C airspace actions, when a nonrulemaking action is ancillary to a rulemaking action, the nonrulemaking proposal may be included in the NPRM. In this instance, a nonrulemaking circularization need not be made. The NPRM will satisfy the circularization requirement and present the full impact of both the rule and nonrule proposal.

2-5-4. CIRCULARIZATION DOCUMENTATION

All notices of aeronautical studies, informal airspace meetings, and determinations issued for obstruction evaluation and airport airspace analysis studies require certificates of mailing. The certificate must be recorded in each case file as follows:

AERONAUTICAL STUDY [NUMBER]
CERTIFICATE OF MAILING
I HEREBY CERTIFY THAT A COPY OF THE ATTACHED [notice/determination] WAS MAILED TO EACH OF THE ADDRESSEES LISTED ON THE ATTACHED [mailing list/distribution list number] THIS [date] DAY OF [month/year].
SIGNED: [specialist/mail clerk/etc.]

2-5-5. EFFECTIVE DATE OF NONRULEMAKING ACTIONS

Nonrulemaking actions must be made effective at 0901 UTC and must coincide with en route charting dates as furnished by Airspace Regulations and ATC Procedures Group. Exceptions are as follows:

a. Safety or national interest actions that require an earlier effective time or date.

b. Editorial changes.

c. Actions that lessen the burden on the public (e.g., revocation of special use airspace).

2-5-6. PUBLICATION OF NONRULEMAKING ACTIONS

Nonrulemaking actions are published in the National Flight Data Digest (NFDD) on or before the applicable charting cutoff date.

 

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