Chapter 21. General

Section 5. Service Center OSG Actions

21-5-1. GENERAL

  1. SUA proposals should be processed as expeditiously as possible, consistent with thorough analysis, public ­notice procedures, and environmental requirements. 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.
  2. The Service Center OSG will notify the appropriate military representative, in writing, if a significant ­processing delay is anticipated or major problems arise.

21-5-2. SERVICE CENTER OSG PROCESSING REQUIREMENTS

This paragraph describes the basic SUA processing requirements accomplished by the Service Center OSG. The ­Service Center OSG may supplement or modify the sequence of these items as needed.

  1. Assign a rulemaking docket number or nonrulemaking study number, as appropriate (see Chapter 2 of this ­order).
  2. Review the proposal package for content and compliance with the requirements of this order.
  3. Task affected FAA ATC facilities to conduct an aeronautical study of the proposal (see Section 6 of this ­chapter).
  4. Determine if other airspace or airport actions are pending or on file at other FAA offices (e.g., Airports, ­Flight Standards, PBN, etc.) for possible conflict with the proposal.
  5. Coordinate with other FAA offices (e.g., Airports, Flight Standards, PBN, QCG (Quality Control Group), ­etc.), as required, for assistance in identifying impacts on airport development plans, aviation safety, and ­IFR/VFR operations.
  6. Coordinate the proposal with adjacent Service Centers, if necessary.
  7. Circularize nonrulemaking proposals as specified in Chapter 2 and Chapter 21, Section 1, of this order. ­Send an information copy of each circular to the Rules and Regulations Group, AJV-P2.
  8. For restricted area or prohibited area proposals, submit the proposal package and Service Center OSG ­recommended action to the Rules and Regulations Group, AJV-P2, to initiate rulemaking action.
  9. Determine if an informal airspace meeting is necessary.
  10. Review all public comments received. Evaluate comments with respect to the proposal's effect on the safe ­and efficient utilization of airspace. Where required, consider the proposal's impact on the safety of persons and ­property on the ground. All substantive aeronautical comments must be addressed in the final rule or ­nonrulemaking case file. The OSG is responsible for drafting the FAA's response to substantive public comments ­received.
  11. Review aeronautical study results.
  12. Evaluate aeronautical impacts identified through public comments, aeronautical study, or other sources. ­Coordinate with the proponent regarding ways to mitigate aeronautical impact and/or resolve problem areas. As ­additional impacts are identified during the processing of the proposal, provide the information to the proponent.
  13. Review environmental or land-use comments addressed to the FAA, then forward them to the proponent ­and Service Center OSG Environmental Specialist for consideration in appropriate environmental documents.
  14. 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.
  15. Coordinate with the Service Center OSG Environmental Specialist for review of the proponent's ­environmental documents (see paragraph 21-5-4 below).
  16. Determine whether to recommend FAA headquarters approve the proposal, or disapprove the proposal at ­the Service Center 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 must be made to seek equitable ­solutions to resolve or minimize the adverse aeronautical effects. If the aeronautical impact cannot be mitigated, ­the Service Center OSG must carefully weigh the extent of that impact against the need and justification provided ­by the SUA proponent. The Service Center OSG's recommendation should include a discussion of how ­aeronautical issues were resolved or provide information addressing the Service Center OSG's analysis of the ­aeronautical impact that cannot be mitigated.

21-5-4. ENVIRONMENTAL DOCUMENT REVIEW

In coordination with the Service Center OSG 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. SERVICE CENTER DETERMINATION

After considering all pertinent information, the Service Center OSG determines whether it is necessary to ­negotiate proposal changes with the proponent, disapprove the proposal or recommend approval to the Rules ­and Regulations Group, AJV-P2. All FAA environmental documentation requirements must be completed ­before a recommendation for approval can be forwarded to the Rules and Regulations Group, AJV-P2.

21-5-6. DISAPPROVAL OF PROPOSALS

  1. The Service Center OSG may disapprove any SUA proposal, however, such disapproval should be based ­on valid aeronautical reasons or non-compliance with FAA policy. The Service Center OSG must notify the ­proponent, in writing, stating the reasons for disapproval. Reasonable efforts should be made to resolve problem ­areas before disapproving the proposal. Provide an information copy of the disapproval correspondence to the ­Rules and Regulations Group, AJV-P2.
  2. If the proponent resubmits the proposal after resolving problem areas, the Service Center OSG should ­determine required actions and resume processing the proposal.
  3. If the proponent resubmits the proposal without resolving problem areas, the Service Center OSG must ­forward the case along with their recommendation to the Rules and Regulations Group, AJV-P2, for further ­action.

21-5-7. SUBMISSION OF APPROVAL RECOMMENDATIONS TO FAA HEADQUARTERS

Submit SUA proposals recommended for approval to the Rules and Regulations Group, AJV-P2, for final ­determination and processing. Include the following (as applicable):

  1. A Service Center OSG transmittal memorandum containing a brief overview of the proposal and their ­recommendation for headquarters action. Describe any amendments made to the original proposal in response ­to public comments, or negotiations to mitigate impacts, etc. Include the desired airspace effective date.
  2. An 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.
  3. A sectional aeronautical chart depicting the final boundaries of the proposed area, including any ­subdivisions.
  4. A copy of the proponent's airspace request correspondence and proposal package, to include all applicable ­items required by Section 3 of this chapter.
  5. 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 resolved or the Service Center OSG's analysis of the ­aeronautical impacts that cannot be mitigated.
  6. Identify any modifications made to the proposal to mitigate environmental effects.
  7. A copy of the aeronautical study.
  8. If an informal airspace meeting was held, include a summary of meeting discussions, issues raised at the ­meeting, and copies of written comments submitted at the meeting or during the associated comment period.
  9. Copies of pertinent correspondence received from other FAA offices (e.g., Flight Standards, Airports, ­adjacent Service Centers, affected ATC facilities, etc.).
  10. FAA environmental documents. Do not submit an approval recommendation prior to completion of the ­FAA's final decision on environmental impacts, per procedures in Chapter 32 of this order.
  11. Any other information that should be considered by the Rules and Regulations Group, AJV-P2, in making ­a final determination on the proposal.

21-5-8. HANDLING OF PROPOSALS TO REDUCE OR REVOKE SUA

  1. Normally, proposals which lessen the burden on the public by reducing the boundaries, altitudes, 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.
  2. SUA reduction or revocation normally does not require an environmental impact statement or ­environmental assessment because it is covered by the categorical exclusion in FAA Order 1050.1.

21-5-9. FAA INITIATED SUA PROPOSALS

  1. Proposals to establish or modify SUA are normally initiated by a DoD proponent. However, 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 Center OSG must exhaust every avenue to resolve the issues by other means. When modification of an ­existing SUA area is contemplated, full consideration must be given to providing the affected using agency with ­an equivalent capability to perform its mission.
  2. When initiating a proposal, the Service Center OSG will prepare the SUA proposal package and required ­documentation. The proposal will be coordinated with affected military using agencies through the appropriate ­military representative, or non-military using agencies directly, to identify and document the impact of the ­proposed change. If an environmental analysis is required, the Service Center OSG will determine responsibility ­assignment.
  3. If the using agency objects and agreement cannot be reached, but there is strong justification to proceed ­with the proposal, the Service Center OSG must send the proposal package to the Rules and Regulations Group, ­AJV-P2. 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 Service Center OSG's recommendation including their analysis of ­the proposal in light of the using agency's objections. Do not initiate public notice procedures for such proposals ­without concurrence from the Rules and Regulations Group, AJV-P2.