Section 1. GeneralDoD
49 U.S.C. § 44718 provides, in part, that the Department of Defense (DoD), the National Aeronautics and Space Administration (NASA), or other agencies must not acquire, establish, or construct any military airport, missile or rocket site, or substantially alter any runway layout unless reasonable prior notice is given to the FAA Administrator so that the appropriate committees of Congress, and other interested agencies, may be advised as to the effects of such projects upon the use of airspace by aircraft.
The DoD forwards military airport or missile site projects to FAA Washington Headquarters in the form of an annual Military Construction Program (MCP). Military projects not involved in the annual program are submitted to the FAA regional office by the individual services or commands through the regional military representatives (see paragraph 13-1-5). NASA and other agencies submit their projects directly to FAA Washington Headquarters.
Annual MCPs and proposals submitted by NASA or other agencies are forwarded to Rules and Regulations Group for review and processing. Rules and Regulations Group must coordinate with appropriate headquarters ATP, Flight Technologies and Procedures, and Technical Operations Spectrum Engineering Services Group/Spectrum Assignment and Engineering Team Offices prior to forwarding the proposal to the regional/service area office for study. Any problems with the proposal at the headquarters level should be resolved prior to requesting regional/service area input.
Rules and Regulations Group will then forward the projects to the appropriate regional office for processing in the same manner as civil airport proposals, except that service area offices are responsible for the study. The determination and recommendation on the proposal, plus all pertinent comments and related material, must be forwarded to Rules and Regulations Group by the service area office. The official FAA determination must be formulated by Rules and Regulations Group after review and any required inter-services coordination and forwarded to DoD, NASA, or other agencies as appropriate. A copy of the determination must be forwarded to the affected regional/service area office.
Other military airport proposals may be submitted by individual services through the appropriate regional military representatives to the regional/service area office. These proposals must be processed in the same manner as civil airport proposals except as indicated below. This exception does not apply to notices on joint-use airports received under Part 157 or AIP projects.
- The regional Airports Division must coordinate with the service area office, Flight Standards Division, technical operations services area office, FPT, and other offices as required for formulation of the official FAA determination. The determination must be issued to the appropriate regional military representative with a copy to Rules and Regulations Group.
- When a controversial proposal is referred to Washington Headquarters for resolution, the airspace finding and official agency determination must be formulated by the AAS-100 in coordination with Rules and Regulations Group and other offices, as required, and forwarded to the appropriate regional military representatives through the regional/service area office.