Section 5. Regional/Service Area Office Actions
21-5-1. GENERAL
a. SUA proposals should be processed as
expeditiously as possible, consistent with
thorough analysis, public notice procedures, and
environmental requirements. This is necessary to
ensure that decisions are based on the most current
data, and that limited funding and personnel
resources are used efficiently. The proponent
should receive a timely determination on the
disposition of the proposal in order to conduct its
mission or consider alternatives. Lengthy delays in
processing the proposal may result in the need for
a supplemental public comment period, and/or the
revalidation of the aeronautical and environmental
studies.
b. The service area office will notify the
appropriate regional military representative, in
writing, if a significant processing delay is
anticipated or major problems arise.
21-5-2. REGIONAL/SERVICE AREA
OFFICE PROCESSING REQUIREMENTS
This paragraph describes the basic SUA processing
items accomplished at the regional/service area
office level. The service area office may supplement
or modify the sequence of these items as needed.
a. Assign a rulemaking docket number or
nonrulemaking study number, as appropriate (see
Chapter 2 of this order).
NOTE-
When amending any part of the legal description of an
existing SUA area, a docket number, or study number must
be assigned. This includes minor changes, editorial
corrections, and the reduction or revocation of the
airspace.
b. Review the proposal package for content and
compliance with the requirements of this order.
c. Task concerned ATC facilities to conduct an
aeronautical study of the proposal (see
Section 6 of this chapter).
d. Determine if other airspace or airport actions
are pending or on file at the region/service area
office for possible conflict with the proposal.
e. Coordinate with other FAA offices (e.g.,
Airports, FPO, Flight Standards, etc.) as required for
assistance in identifying impacts on airport
development plans, aviation safety, and IFR/VFR
operations.
f. Coordinate the proposal with adjacent regional
office service area office, if necessary.
g. Circularize nonrulemaking proposals as specified in
Chapter 2, and
Chapter
21,
Section 1 of this order. Send an
information copy of each circular to Airspace and
Rules.
h. For restricted area or prohibited area proposals,
submit the proposal package to Airspace and Rules
to initiate rulemaking action.
i. Determine if an informal airspace meeting will
be held.
NOTE-
If informal airspace meetings or environmental public
meetings are planned, and the schedule is known, include
meeting information in the nonrulemaking circular, or in
the rulemaking package for publication in the NPRM.
Also, see meeting notification requirements in
Chapter 2 of this order.
j. Review all public comments received. Evaluate
comments with respect to the proposal's effect on
the safe and efficient utilization of airspace. All
substantive aeronautical comments must be
addressed in the final rule or nonrulemaking case
file. Where required, consider the proposal's impact
on the safety of persons and property on the ground.
Provide copies of pertinent public comments to the
concerned regional military representative.
k. Review aeronautical study results.
l. Evaluate aeronautical impacts identified
through public comments, aeronautical study, or
other sources. Coordinate with the proponent
regarding ways to lessen aeronautical impact and/or
resolve problem areas. As additional impacts are
identified during the processing of the proposal,
provide the information to the proponent.
m. Review environmental or land-use comments
addressed to the FAA, then forward them to the
proponent for consideration in appropriate environmental documents.
n. If, after the publication of an NPRM or a
non-rulemaking circular, the proposal is modified by
the proponent or to mitigate aeronautical or
environmental impacts, determine if the changes are
significant enough to necessitate a supplemental
public comment period.
o. Coordinate with the service area office
Environmental Specialist for review of the proponent's environmental documents (see paragraph
21-5-4, below).
p. Determine whether to recommend FAA
headquarters approval of the proposal, or disapprove
the proposal at the regional/service area office level
(see paragraphs
21-5-6 and
21-5-7, below).
21-5-3. AERONAUTICAL IMPACT
CONSIDERATION
There is no set formula for balancing the various
competing user requirements for the use of airspace.
If approval of the SUA proposal would result in an
adverse aeronautical impact, every effort shall be
made to seek equitable solutions to resolve or
minimize the adverse aeronautical effects. If the
aeronautical impact cannot be mitigated, the service
area office must carefully weigh the extent of that
impact against the need and justification provided
by the SUA proponent. The region's/service area
office's recommendation should include a discussion of how any aeronautical issues were resolved.
21-5-4. ENVIRONMENTAL DOCUMENT
REVIEW
In coordination with the service area office
Environmental Specialist, the Airspace Specialist
will review the proponent's draft and final
environmental documents to ensure that the
environmental analysis matches the proposed
airspace parameters (e.g., time of use, lateral and
vertical dimensions, types and numbers of operations, supersonic flight). Any environmental issues
identified in this review must be forwarded to the
proponent for consideration.
21-5-5. REGIONAL/SERVICE AREA
OFFICE DETERMINATION
After considering all pertinent information, the
service area office determines whether to recommend approval of the proposal to FAA
Headquarters, negotiate changes with the proponent, or disapprove the proposal. If the
regional/service area office aeronautical
processing is completed before the proponent's
environmental documents have been finalized, the
proposal may be forwarded to FAA Headquarters
for review of the aeronautical portion. In all cases,
a final determination on the proposal by FAA
Headquarters shall be deferred until applicable
NEPA requirements are completed.
NOTE-
Supplemental public notice with an additional comment
period may be necessary if significant changes are made
to the proposal after it was advertised for public comment.
If a FAA determination has not been issued within 36
months of the last aeronautical public comment period or,
if it is known that the aeronautical conditions in the area
have changed significantly from what existed at the time
of that last comment period, a supplemental comment
period is required. Supplemental comment periods may be
reduced to 30 days in length.
21-5-6. DISAPPROVAL OF PROPOSALS
a. The service area office may disapprove any
SUA proposal, however, such disapproval should
be based on valid aeronautical reasons. The service
area office shall notify the proponent, in writing,
stating the reasons for disapproval. Reasonable
efforts should be made to resolve problem areas
before rejecting the proposal. Provide an information copy of the disapproval correspondence to
Airspace and Rules.
b. If the proponent resubmits the proposal after
resolving problem areas, the service area office
should determine required actions and resume
processing the proposal.
c. If the proponent resubmits the proposal
without resolving problem areas, the service area
office shall forward the case along with the region's
recommendation to Airspace and Rules for further
action.
21-5-7. SUBMISSION OF APPROVAL
RECOMMENDATIONS TO FAA
HEADQUARTERS
Submit SUA proposals recommended for approval
to Airspace and Rules for final determination and
processing. Include the following (as applicable):
a. A service area office transmittal memorandum
containing a brief overview of the proposal and
the region's/service area office's recommendation for
headquarters action. Summarize any amendments
made to the original proposal in response to public
comments, or negotiations to mitigate impacts, etc. If
coordination with the designated controlling agency
indicates that plans exist to provide nonparticipating
pilots with traffic advisories, or real-time area
activity status information, provide a VHF frequency and facility identification to be depicted on
aeronautical charts.
b. A separate attachment that contains the
recommended legal description of the area (e.g.,
boundaries, altitudes, times, controlling agency,
and using agency). Use the format shown in
TBL 21-2-1.
NOTE-
If only part of the description of an existing area is being
amended, the attachment should show just the changed
information rather than the full legal description.
c. A sectional aeronautical chart depicting the
final boundaries of the proposed area, including any
subdivisions.
d. A copy of the proponent's airspace request
correspondence and proposal package, to include
all applicable items required by
Section 3 of
this chapter.
e. A copy of aeronautical comments received in
response to the NPRM or non-rulemaking circular,
along with a discussion of how each substantive
comment was addressed or resolved.
f. A synopsis of FAA environmental issues or
concerns which were forwarded to the proponent, if
applicable. Identify any modifications made to the
proposal to mitigate environmental effects.
g. A copy of the aeronautical study.
h. A summary of meeting discussions and copies
of written comments submitted at the meeting, if an
informal airspace meeting was held.
i. Copies of pertinent correspondence from other
FAA offices (e.g., Flight Standards, Airports,
adjacent service area office, affected ATC facilities,
etc.).
j. Environmental documents (if not submitted
separately).
k. Any other information that should be considered by FAA Headquarters in making a final
determination on the proposal.
21-5-8. HANDLING OF PROPOSALS TO
REDUCE OR REVOKE SUA
a. Normally, proposals which lessen the burden
on the public by reducing the size, or times of use,
or by revoking SUA, do not require advance public
notice and comment. An abbreviated proposal
package may be submitted in accordance with
paragraph
21-3-4.
b. An environmental analysis of the SUA
reduction or revocation action is not normally
required. However, if FAA plans to implement new
routes or air traffic procedures in the affected
airspace, that route or procedural action may require
its own environmental analysis.
21-5-9. FAA INITIATED SUA PROPOSALS
a. Proposals to establish or modify SUA are
normally initiated by a DOD proponent. However,
since it is responsible for ensuring the safe and
efficient use of the navigable airspace, the FAA may
initiate SUA proposals when such actions are
necessary to resolve a safety issue, enhance joint
use, or enhance the capability of the SUA to
accommodate the using agency's mission. Prior to
initiating a SUA proposal, the service area office shall
exhaust every avenue to resolve the issues by other
means. When modification of an existing SUA area
is contemplated, full consideration shall be given to
providing the affected user with an equivalent
capability to perform its mission.
b. When initiating a proposal, the service area
office will prepare the SUA proposal package and
required documentation. The proposal will be
coordinated with the affected military units through
the appropriate regional military representative. If
an environmental analysis is required, the service
area office will determine responsibility assignment.
c. In developing a proposal, the service area office
shall, through the regional military representative,
consult with the concerned DOD department to
identify and document the impact of the proposed
change on affected military units' mission(s).
d. If any using agency objects and agreement
cannot be reached, but there is strong justification
to proceed with the proposal, the service area
office shall send the proposal package to Airspace
and Rules for further action. Include with the
proposal package, the reason for the proposal, a copy
of the objections, a summary of efforts to resolve the
objections, and the region's recommendations. Do
not initiate public notice procedures for such
proposals, without Airspace and Rules concurrence.
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