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 shall be circularized by
the service area office unless procedures for
processing particular types of proposals allow
exemptions to circularization. Each notice shall
contain a complete, detailed description of the
proposal including charts, if appropriate, that will
assist interested persons in preparing comments.
Circularization lists shall 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 shall 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 and Rules.
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 shall 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 shall be made effective at
0901 UTC and shall coincide with en route charting
dates as furnished by Airspace and Rules. 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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