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Part 5. Special Use Airspace
21-1-1. PURPOSE
In addition to the policy guidelines and procedures
detailed in
Part 1. of this order, this part
prescribes specific policies and procedures for
handling special use airspace (SUA) cases.
21-1-2. SCOPE
The primary purpose of the SUA program is to
establish/designate airspace in the interest of
National Defense, security and/or welfare. Charted
SUA identifies to other airspace users where these
activities occur.
21-1-3. DEFINITION AND TYPES
a. SUA is airspace of defined dimensions wherein
activities must be confined because of their nature, or
wherein limitations may be imposed upon aircraft
operations that are not a part of those activities.
b. The types of SUA areas are Prohibited Areas,
Restricted Areas, Military Operations Areas (MOA),
Warning Areas, Alert Areas, Controlled Firing Areas
(CFA), and National Security Areas (NSA).
21-1-4. CATEGORIES
There are two categories of SUA: regulatory
(rulemaking) and other than regulatory (nonrulemaking). Prohibited Areas and Restricted Areas are
rulemaking actions that are implemented by a formal
amendment to part 73. MOAs, Warning Areas, Alert
Areas, CFAs, and NSAs are nonrulemaking actions.
21-1-5. #32; SUA APPROVAL AUTHORITY
FAA Headquarters is the final approval authority for
all permanent and temporary SUA, except CFA's.
CFA approval authority is delegated to the service
area office. The service area office shall forward those
proposals recommended for approval (except CFA)
to FAA Headquarters for a final determination.
NOTE-
Final approval of Warning Areas is shared with other
agencies per Executive Order 10854. Warning Area
proposals, except controlling or using agency changes,
must be coordinated with the Department of State and the
Department of Defense for concurrence. Airspace and
Rules is responsible for accomplishing this coordination.
21-1-6. MINIMUM NUMBERS AND
VOLUME
The dimensions and times of use of SUA shall be the
minimum required for containing the proposed
activities, including safety zones required by military
authority. When it is determined that a specified SUA
area is no longer required, the using agency, or the
appropriate military authority, shall inform the
service area office that action may be initiated to
return the airspace to the NAS.
21-1-7. OPTIMUM USE OF AIRSPACE
a. To ensure the optimum use of airspace, using
agencies shall, where mission requirements permit,
make their assigned SUA available for the activities
of other military units on a shared-use basis.
b. SUA should be located to impose minimum
impact on nonparticipating aircraft and ATC
operations. This should be balanced with consideration of the proponent's requirements. To the extent
practical, SUA should be located to avoid airways/jet
routes, major terminal areas, and known high volume
VFR routes.
c. Consider subdividing large SUA areas, where
feasible, in order to facilitate the real-time release of
the airspace when activation of the entire area is not
required by the user.
NOTE-
Policies concerning airspace utilization for military
operations are contained in FAAO JO 7610.4, Chapter 9,
Military Operations Requirements.
21-1-8. JOINT-USE POLICY
a. Under the "joint-use" concept, SUA is released
to the controlling agency and becomes available for
access by nonparticipating aircraft during periods
when the airspace is not needed by the using agency
for its designated purpose.
b. Restricted areas, warning areas, and MOAs
shall be designated as "joint-use" unless it is
demonstrated that this would result in derogation to
the using agency's mission. For certain SUA areas,
joint use may be impractical because of the area's
small size, geographic location, or high level of use
in such areas. In these cases, the airspace proposal
package must include specific justification of why
joint-use is not appropriate.
c. Joint-use does not apply to prohibited areas.
Alert areas and CFAs are essentially joint-use
because nonparticipating aircraft may transit these
areas without limitation.
d. Joint-use procedures shall be specified in a
joint use "Letter of Procedure" or "Letter of
Agreement" between the using agency and the
controlling agency. These letters should include
provisions for the real-time activation/deactivation
of the airspace, where such capabilities exist. They
should also provide for the timely notification to the
controlling agency when the scheduled activity has
changed, been canceled, or was completed for the
day.
e. Using agencies shall ensure that joint-use SUA
is returned to the controlling agency during periods
when the airspace is not needed nor being used for its
designated purpose.
21-1-9. ENVIRONMENTAL ANALYSIS
a. SUA actions, except as listed in paragraph b,
below, are subject to environmental impact analysis
in accordance with the National Environmental
Policy Act of 1969 (NEPA). Guidance for the
environmental analysis of SUA proposals is
contained in FAAO 1050.1, Policies for Considering
Environmental Impacts, other relevant FAA directives; the FAA/DOD Memorandum of Understanding
Concerning Special Use Airspace Environmental
Assessment; and other applicable regulations and
statutes.
b. Prohibited area and alert area designations are
actions that are neither permissive nor enabling. As
such, environmental assessments or statements are
not required when designating these areas (see
FAAO 1050.1, Environmental Impacts: Policies and
Procedures).
21-1-10. CONTROLLING AGENCY
The controlling agency is the FAA ATC facility that
exercises control of the airspace when an SUA area
is not activated. A military ATC facility may be
assigned as the controlling agency, subject to the
concurrence of the service area office and the
concerned ARTCC. A controlling agency shall be
designated for each joint-use SUA area.
21-1-11. USING AGENCY
a. The using agency is the military unit or other
organization whose activity established the requirement for the SUA. The using agency is responsible
for ensuring that:
1. The airspace is used only for its designated
purpose.
2. Proper scheduling procedures are established
and utilized.
3. The controlling agency is kept informed of
changes in scheduled activity, to include the
completion of activities for the day.
4. A point of contact is made available to
enable the controlling agency to verify schedules,
and coordinate access for emergencies, weather
diversions, etc.
REFERENCE-
FAAO JO 7610.4, Chapter 9, Military Operations Requirements.
b. Restricted area and MOA using agencies are
responsible for submitting Restricted Area/MOA
Annual Utilization Reports in accordance with
Section 7 of this chapter.
c. An ATC facility may be designated as the using
agency for joint-use areas when that facility has been
granted priority for use of the airspace in a joint-use
letter of procedure or letter of agreement.
21-1-12. WAIVERS
The establishment of SUA does not, in itself, waive
compliance with any part of the Code of Federal
Regulations. DOD has been granted a number of
waivers, exemptions, and authorizations to accomplish specific missions. Information about current
waivers, exemptions, and authorizations granted for
military operations may be obtained from FAA
Headquarters, Airspace and Rules, or the Office of
Rulemaking (ARM).
21-1-13. PUBLIC NOTICE PROCEDURES
Public notice procedures invite the public to
comment on the impact of SUA proposals on the safe
and efficient use of the navigable airspace. In addition
to the public notice procedures described in
chapter 2 of this order, SUA proposals are subject
to the following:
a. All nonregulatory SUA proposals shall be
circularized, and an NPRM shall be issued for all
regulatory SUA proposals, except for those actions
that clearly have no impact on aviation and are not
controversial. A nonrulemaking circular or NPRM is
not normally required for the following types of
proposals:
1. Changes to the using or controlling agency.
2. Editorial changes to correct typographical
errors.
3. Internal subdivision of an existing area to
enhance real-time, joint-use (provided there is no
change to the existing external boundaries) times of
use, or type/level of activities.
4. Actions that lessen the burden on the flying
public by revoking or reducing the size or times of use
of SUA.
b. SUA nonrulemaking circulars are prepared and
distributed by the service area office. FAA
Headquarters prepares SUA NPRMs. Normally,
circulars and NPRMs provide a minimum of 45 days
for public comment.
c. When comments or coordination show that the
proposal may be controversial, or there is a need to
obtain additional information relevant to the
proposal, an informal airspace meeting may be
considered (see
Chapter 2 of this order).
21-1-14. SUA NONRULEMAKING
CIRCULARS
a. Prepare and distribute SUA nonrulemaking
circulars as specified in
Chapter 2 of this
order and the additional requirements in this
paragraph. Ensure wide dissemination to the potentially affected aviation user community. Send one
copy of each SUA circular to Airspace and Rules and
to the appropriate regional military representative(s).
b. CONTENT - Circulars should contain sufficient information to assist interested persons in
preparing comments on the aeronautical impact of the
proposal. SUA circulars should include:
1. A brief narrative that:
(a) Describes the purpose of the proposed
airspace, the types of activities to be conducted, and
the expected frequency of those activities. If the
proposal modifies existing SUA, describe the
changes and explain the desired result. For temporary
MOA proposals, include a brief summary of the
planned exercise or mission scenario.
(b) Discusses measures planned to minimize
impact on nonparticipating aircraft, such as airport
exclusions, joint-use procedures, limited activation
times, etc. If there are known plans to provide real
time area status information and/or traffic advisory
services for nonparticipating pilots, include this
information in the circular.
2. A complete description of the proposed area
consisting of boundaries, altitudes, times of use,
controlling agency, and using agency.
3. A copy of a sectional aeronautical chart
depicting the boundaries of the proposed area.
4. The name and address (provided by the
proponent) of the person to whom comments on the
environmental and land-use aspects of the proposal
may be submitted.
NOTE-
Do not include statements in the circular that certify
NEPA compliance or state that environmental studies are
complete. The proponent and/or FAA must consider
environmental issues raised in response to the circular
before a final determination is made on the proposal.
5. The issue date of the circular and the specific
date that the comment period ends. Provide at least
45-days for public comment.
NOTE-
When selecting the comment closing date, consider the
time needed for the preparation, printing and release of
the circular, plus a representative mailing time, in order
to afford the public the maximum time to submit
comments.
c. SPECIAL DISTRIBUTION - In addition to the
distribution requirements in
Chapter 2, send
copies of SUA nonrulemaking circulars to:
1. State transportation, aviation, and environmental departments (or the state clearing house if
requested by the state).
2. Local government authorities, civic organizations, interest groups, or individuals that may not
have an aeronautical interest, but are expected to
become involved in a specific proposal.
3. Public libraries within the affected area
requesting that the circular be displayed for public
information.
4. Persons or organizations that have requested
to be added to the circularization list.
NOTE-
1. The service area office determines special distribution
requirements in accordance with regional/service area
office policies and considering the type of proposal, the
potential for controversy, and the extent of possible
aeronautical impact.
2. If the proposed airspace overlaps regional geographical boundaries or airspace jurisdictions, coordinate as
required with adjacent regional/service area offices to
ensure distribution of circulars to all appropriate parties.
21-1-15. CHARTING AND PUBLICATION
REQUIREMENTS
a. All SUA areas except CFAs, temporary MOAs,
and temporary restricted areas, shall be depicted on
aeronautical charts, and published as required in
aeronautical publications.
b. Approved SUA actions normally become
effective on the U.S. 56-day, en route chart cycle
publication dates (see
Part 1. of this order).
EXCEPTION-
Effective dates for temporary restricted areas,
temporary MOAs, and CFAs are determined by
mission requirements instead of the 56-day en route,
charting date cycle.
c. Temporary areas shall be described in part 4,
Graphic Notices, of the Notices to Airmen
(NOTAM) Publication. Normally, publication of the
graphic notice will begin two issues prior to the
exercise start date and will continue through
completion of the exercise. The notice shall include
the area's legal description, effective dates, and a
chart depicting the area boundaries. For large
exercises, a brief narrative describing the exercise
scenario, activities, numbers and types of aircraft
involved, and the availability of in-flight activity
status information for nonparticipating pilots
should be included.
NOTE-
Submit temporary SUA graphic notice information, along
with the airspace proposal package, to Airspace and
Rules by the cutoff dates specified in the appropriate
chapter of this order. All graphics submitted must be of
high quality and in camera ready form. Facsimile copies
are not suitable. Airspace and Rules will process and
coordinate the notice with System Operations Airspace
and AIM, Publications, for publication in the NOTAM
Publication. Do not submit temporary SUA graphic
notices directly to Publications.
d. When a SUA action becomes effective before it
appears on the affected sectional chart(s), a
description and map of the area will be published in
part 4 of the NOTAM Publication. This information
will be carried in the NOTAM Publication until the
change has appeared on the affected sectional
chart(s). Airspace and Rules is responsible for
complying with this requirement.
NOTE-
1. Minor editorial corrections to a SUA description or
changes to the using or controlling agencies, will not be
published in the NOTAM Publication.
2. In addition to the above, SUA designations or
amendments that occur after publication of the latest
sectional chart(s) will be listed in the "Aeronautical
Chart Bulletin" section of the appropriate A/FD. This
information will be carried in the A/FD until the change
is published on the affected sectional chart(s).
21-1-16. CERTIFICATION OF SUA
GEOGRAPHIC POSITIONAL DATA
a. Geographic positional data for all permanent
and temporary SUA boundaries (except CFAs) must
be certified for accuracy by the NACO before
publication and charting. Airspace and Rules shall
submit proposed positional data to NACO for
certification. Latitude and longitude positions used in
SUA descriptions shall be based on the current North
American Datum.
b. Airspace and Rules shall forward any corrections or recommended changes made by NACO to the
service area office. The service area office will
forward the NACO changes to the regional military
representative, or civil proponent, for review. The
regional military representative/civil proponent will
inform the service area office of its concurrence with
NACO changes or reason for nonconcurrence. The
service area office will advise FAA Headquarters of
the proponent's conclusions. A record of this
coordination shall be included in the airspace case
file.
21-1-17. LEAD REGION
a. The regional office that is responsible for the
geographical area containing the affected airspace
processes the SUA proposal. When a proposal
overlaps regional office geographical jurisdictions,
the concerned service area office shall coordinate to
determine which office will serve as the lead region
for processing the proposal. Coordination between
regions/service area offices is also required when the
affected geographical area, and the ATC facility to be
designated as controlling agency, are under the
jurisdiction of different regional/service area offices.
b. Concerned regions shall ensure that:
1. All affected ATC facilities review the
proposal and provide input to the aeronautical study,
as required.
2. For nonregulatory proposals, distribution of
nonrulemaking circulars includes interested parties
in each regional jurisdiction, as necessary.
c. The airspace package submitted to headquarters
shall include documentation of regional/service area
office coordination, affected ATC facility comments
and copies of public comments received.
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