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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