Section 4. Processing Rulemaking Airspace Actions
2-4-1. PURPOSE
This section prescribes
procedures to be followed when taking rulemaking actions to establish, modify,
or revoke regulatory airspace.
2-4-2. RESPONSIBILITY
a. Airspace Regulations and
ATC Procedures Group is responsible for processing the following actions: Class
A, B, and C airspace areas; special use airspace; offshore airspace areas;
airways; jet routes; and those Class D and E airspace areas that overlie U.S.
territories and possessions.
b. The Operations
and Air Traffic Law Branch, AGC-220, is responsible for ensuring that the
airspace cases listed in paragraph a, above, meet
the requirements of the Administrative Procedures Act.
c. Service area
offices are responsible for processing all Class D and E airspace area cases.
d. The Assistant
Chief Counsel for each region is responsible for ensuring that all regional
airspace cases meet the requirements of the Administrative Procedures Act.
2-4-3. DOCKETS
a. Docket
Location.
1. The official
docket for both Headquarters' and regional/service area office rulemaking cases
must be maintained at the Docket Management System, U.S. Department of
Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC
20590-0001.
2. The Docket
Management System (DMS) can also be accessed on the internet at http://dms.dot.gov.
b. Docket
Identification.
1. Rulemaking
cases must be identified by two docket numbers. The first, an FAA docket number,
includes the acronym FAA; the current year; and a consecutively assigned number
(e.g., FAA-2003-14010). The second, an airspace docket number, includes the last
two digits of the calendar year; the abbreviation of the originating office; and
a consecutively assigned number (e.g., 00-ASW-46).
2. Numbers must
run consecutively within each calendar year.
c. Docket Content.
The official docket must include all petitions, notices, rules, comments,
correspondence, and related material concerning the case (other than working
files).
2-4-4. FLIGHT PROCEDURAL
DATA
a. If an airspace
docket requires a procedure change and/or flight inspection, service area office
must coordinate the proposed effective date with the Operations Support Group,
Flight Procedures Team (FPT). The proposed effective date must consider the time
needed to process procedural changes and allow ample time for flight inspection,
if required. The FPT must notify the service area office of any problems that
could affect the proposed effective date. See Order 8260.26, Establishing and
Scheduling Standard Instrument Procedure Effective Dates, for scheduled
processing and publication dates.
b. If a rule
without notice is to be issued and flight check data is required, the service
area office must inform the responsible FPT of the action and specific data
requested.
2-4-5. SUBMISSION OF
AIRSPACE CASES TO HEADQUARTERS
a. The service
area office must review the action proposed and submit a complete technical
description of the proposed airspace (e.g., establishment, modification, or
revocation) package to Airspace Regulations and ATC Procedures Group.
b. All background
information including charts, proper justification and appropriate
recommendations must be submitted.
c. If an airspace
action needs to be completed by a specific date, the service area office must
coordinate with the FPT and any other FAA offices as necessary to ensure that
sufficient lead-time exists for meeting normal airspace procedural processing
and charting requirements, and instrument approach procedure development.
d. The service
area office must submit to Airspace Regulations and ATC Procedures Group written
comments received in response to the proposed action, analysis of the comment(s),
and any recommendations within 30 days after the comment closing date. If
applicable, a statement concerning the status of the flight procedures data
(e.g., Minimum En Route Altitude, MEA; or Change Over Point, COP) for en route
cases must be included.
2-4-6. EFFECTIVE DATE OF FINAL RULES
a. Amendments to
parts 71 and 73 must be made effective at 0901 Coordinated Universal Time (UTC)
and must coincide with en route charting dates as furnished by Airspace
Regulations and ATC Procedures Group. Exceptions are as follows:
1. Safety or
national interest actions that require an earlier effective time or date.
2. Editorial
changes.
3. 700-foot floor
Class E airspace areas that underlie existing 1,200-foot Class E airspace areas.
4. Actions that
lessen the burden on the public (e.g., revocation of restricted areas).
5. Class B and C
airspace areas must be made effective on days that coincide with the appropriate
sectional aeronautical charting dates.
b. Cutoff dates
are established to allow sufficient time for charting and chart distribution
purposes. Rules should be signed on or before the applicable cutoff date.
2-4-7. PUBLICATION IN
FEDERAL REGISTER
An original Notice of
Proposed Rulemaking (NPRM) and three copies, or an original final rule and seven
copies must be forwarded to AGC-200 for publication in the Federal Register.
2-4-8. DISTRIBUTION
Distribution of airspace
dockets (NPRMs and final rules) must be consistent with the procedures set forth
in Order 1720.18, FAA Distribution System.
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