DEPARTMENT OF THE NAVY AIRSPACE PROCEDURES AND PLANNING

Transcription

1 DEPARTMENT OF THE NAVY AIRSPACE PROCEDURES AND PLANNING OPNAV INSTRUCTION L DEPARTMENT OF THE NAVY OFFICE OF THE CHIEF OF NAVAL OPERATIONS

2 DEPARTMENT OF THE NAVY OFFICE OF THE CHIEF OF NAVAL OPERATIONS 2000 NAVY PENTAGON WASHINGTON, DC OPNAVINST L N98 OPNAV INSTRUCTION L From: Chief of Naval Operations Subj: DEPARTMENT OF THE NAVY AIRSPACE PROCEDURES AND PLANNING Ref: See appendix A 1. Purpose. To issue Department of the Navy (DON) policy and procedures for use in the administration and management of all airspace matters. This instruction has been revised to improve readability and update background information, which do not affect the substance of the directive, and should be reviewed in its entirety. 2. Cancellation. OPNAVINST K and OPNAV RCS Responsibilities. The Office of the Chief of Naval Operations (OPNAV), Director, Air Warfare (N98) is responsible for the administration and management of airspace requirements for the Navy. As identified in reference (a), OPNAV 98 has established Naval Airspace and Air Traffic Control Standards and Evaluation Agency (NAATSEA) (OPNAV N980A) to serve as the DON executive agent (EA) for airspace and air traffic control (ATC) matters. a. OPNAV N98 will coordinate with all OPNAV codes and Headquarters, U.S. Marine Corps (HQMC), Department of Aviation (AVN), Aviation Programs Expeditionary Enablers (APX) regarding their respective airspace responsibilities. OPNAV N98 executes airspace management program responsibilities through DON representatives to the Federal Aviation Administration (FAA) at the headquarters and service area level, designated Navy regional airspace coordinators (RAC), and various air installation and wing component staffs serving in the capacity of command airspace liaison officers (CALO). b. Deputy Chief of Naval Operations for Fleet Readiness and Logistics (CNO N4) is responsible for managing compatibility

3 and readiness sustainment issues affecting installations and ranges for the Navy and will coordinate with all Chief of Naval Operations (CNO) codes on respective compatibility and readiness sustainment responsibilities. c. HQMC AVN (APX) represents the United States Marine Corps (USMC) position on Service level airspace matters - to include airspace requirements, planning, management, and administration - to the FAA and external agencies as determined by the USMC airspace management operational review board (ORB) working integrated process team (WIPT). HQMC AVN (APX) represents the USMC airspace management ORB WIPT to OPNAV N Records Management. Records created as a result of this instruction, regardless of media and format, must be managed per Secretary of the Navy (SECNAV) Manual of January Review and Effective Date. Per OPNAVINST A, OPNAV N98 will review this instruction annually on the anniversary of its effective date to ensure applicability, currency, and consistency with Federal, Department of Defense (DoD), SECNAV, and Navy policy and statutory authority using OPNAV 5215/40 Review of Instruction. This instruction will automatically expire 10 years after effective date unless reissued or canceled prior to the 10-year anniversary date, or an extension has been granted. 6. Information Management Control. Reports and data collection contained in chapter 2, subparagraph 4e(2)(j), is assigned OPNAV RCS A. Chapter 2, subparagraphs 4e(2)(k) and 4e(2)(l), are exempt from reports control per SECNAV Manual of December 2005 part IV, subparagraph 7k. D. H. MILLER III Director, Air Warfare Releasability and distribution: This instruction is cleared for public release and is available electronically only via Department of the Navy Issuances Web site, 2

4 TABLE OF CONTENTS Chapter 1 Introduction 1. Purpose Background Airspace as a Resource Administrative Notes 1-4 Chapter 2 Airspace Management 1. Purpose DON Airspace Policies DON Airspace Management Obligation Management Responsibilities Airspace Command and Control Inter-Organization and Agency Agreements 2-20 Chapter 3 Airspace for Military Operations 1. Purpose Background The National Airspace System DON SAA Usage Policy UA Operations Fixes, Reporting, Points, and Waypoints Flight Information Region (FIR) MRTFB Facilities 3-19 Chapter 4 Airspace Planning 1. Purpose DON Proposals to Designate, Alter, or Disestablish Airspace The Airspace Proposal Process FAA Initiated Airspace Actions NAVAID TERPS Waivers and Exemptions Aerial Demonstrations 4-19 Chapter 5 Preservation of Navigable Airspace 1. Overview Requirements and Responsibilities Treaty on Open Skies NextGen Metroplex 5-19 i

5 Chapter 6 Special Activity Airspace Usage Report (SAAUR) 1. SAAUR Annual Utilization Reports SAAUR Part B Last Enclosure Consolidation of SAAURs 6-7 Figures Figure 2-1 National Airspace System 2-1 Figure 2-2 USN and USMC Representatives Assignment Within the FAA Service Areas 2-8 Figure 3-1 Airspace Classification 3-4 Figure 3-2 SAA 3-5 Figure 4-1 SAA Rulemaking Status and Approval Authorities 4-3 Figure 4-2 Post DON Staffing SAA Proposals 4-5 Figure 4-3 USMC Required Airspace Coordination 4-11 Figure 4-4 USN Required Airspace Coordination 4-12 Figure 4-5 Post Coordination DON Airspace Proposal Process 4-13 Figure D-1 Airspace POCs D-1 Appendices Appendix A: References and Other Select Aviation Issuances A-1 Appendix B: Terms B-1 Appendix C: Acronyms C-1 Appendix D: NAVREPs, RACs, and ATREPs Contact Information D-1 Table D-1: FAA ATREPs D-4 ii

6 Appendix E: Format for Joint Use of Restricted Area Letter Of Procedure E-1 Appendix F: Format for the USMC Regional Airspace Plan F-1 Appendix G: Special Activity Airspace G-1 Table G-1: Delegated DON Air Traffic Controlled Assigned Airspace (ATCAA) G-1 Table G-2: Delegated Alert Areas (AA) G-9 Table G-3: Delegated Controlled Firing Areas (CFA) G-9 Table G-4: Delegated Military Operations Areas (MOA) G-10 Table G-5: Delegated National Security Areas (NSA) G-15 Table G-6: Delegated Prohibited Areas (PA) G-15 Table G-7: Delegated Restricted Airspace (RA) G-16 Table G-8: Delegated Warning Areas (WA) G-20 Table G-9: DON Military Training Routes (MTR) Instrument MTR (IR) G-27 Table G-10: DON Military Training Routes (MTR) Slow Routes (SR) MTR G-31 Table G-11: DON Military Training Routes (MTR) Visual MTR (VR) G-31 iii

7 CHAPTER 1 INTRODUCTION 1. Purpose. This instruction applies to the DON, the CNO, the Commandant of the Marine Corps (CMC), and all DON installations, commands, activities, field offices, and organizational entities associated with all airspace (i.e., special use or terminal airspace assigned or delegated to the DON by the FAA). While this instruction provides procedures for handling airspace matters, additional procedures and criteria to supplement those contained herein may be set forth in other directives and should be consulted. If cases of conflicting guidance arise, the applicable senior document must take precedence. 2. Background a. In 1958, Congress passed the Federal Aviation Act, as amended by section of reference (b), to establish an independent Federal Aviation Agency, that later became the FAA under the Department of Transportation, to provide for the safe and efficient use of the airspace by both civil and military operators. Under section of reference (b), the FAA is charged with ensuring the safe and efficient use of the Nation s airspace. The FAA Administrator was given complete authority to allocate airspace within the national airspace system and regulate its use by both civil and military aircraft. In 1994, Congress re-codified the 1958 Federal Aviation Act into existing aviation legislation under reference (b). This authority for the procedures and associated rules and regulations relating to airspace is provided in reference (b), subtitle VII, Aviation Programs. b. Executive Order extends the application of section of reference (b) to the overlying airspace of those areas of land or water outside the United States beyond the 12 mile offshore limit in which the United States, under international treaty agreement or other lawful arrangements, has appropriate jurisdiction or control. c. Under the provisions of Executive Order 10854, airspace actions must be consistent with the requirements of national defense, international treaties or agreements made by the United States, or the successful conduct of the foreign relations of the United States. 1-1

8 d. Any rulemaking or non-rulemaking actions that encompass airspace outside of the U.S. sovereign airspace (e.g., beyond 12 miles from the U.S. coast line) requires coordination between DoD and U.S. Department of State. All Executive Order coordination must be conducted at the FAA headquarters level by airspace regulations and ATC procedures group. e. U.S. Federal Regulations, Department of State status of forces agreements, DoD directives, and combat environments require DON airspace management and ATC services in support of the safe, orderly, and expeditious control of aircraft ashore and afloat. Additionally, DON has a vital role in the modernization and transformation efforts of the U.S. Federal ATC System, North Atlantic Treaty Organization (NATO), and International Civil Aviation Organization (ICAO) standards development. This role includes airspace architecture redesign, policy change, equipment redesign, and emphasis on improved interoperability. f. In support of subparagraph 2e, the CNO established NAATSEA (OPNAV N980A) to serve as the DON lead for airspace and ATC matters. OPNAV N98, in collaboration with the CMC, HQMC AVN (APX), ATC and Airspace (APX-8) when necessary, will be the originating agency for all naval airspace and ATC policies and procedures. Staff members within OPNAV N98 conduct direct liaison with staffs from the FAA, ICAO, NATO, DoD, Joint Services, and DON headquarters, commands, and agencies. 3. Airspace as a Resource a. The U.S. sovereign airspace is a limited national resource that Congress charges the FAA to administer, in the public interest, as necessary to ensure the safety of aircraft and its efficient use. Although the FAA must protect the public s right of freedom of transit through the airspace, full consideration must be given to all airspace users, to include national defense, commercial and general aviation, and space operations. DON airspace managers and users must continue to address the management, acquisition, and control of airspace resources with a structured and focused approach in order to retain and expand the assets necessary to assure combat readiness. 1-2

9 b. The FAA Administrator is obligated to give full consideration to the requirements of national defense, commercial and general aviation, and to the public right of freedom of transit through navigable airspace. c. Consultation between the FAA Administrator and the Secretary of Defense is required to ensure FAA actions, which foster maximum use of airspace by civil users, also remain consistent with national security requirements. As such, the FAA is authorized to: (1) establish areas in the airspace that the FAA Administrator decides are necessary in the interest of national defense; and (2) by regulation or order, restrict or prohibit flight of civil aircraft that the FAA Administrator cannot identify, locate, and control with available facilities in those areas. d. Prudent procurement, accountable usage, and effective management represent the foundational pillars comprising a DON strategy to maintain current airspace resources and to support future expansion for valid military requirements. (1) Prudent procurement recognizes airspace as a limited commodity subject to competing interests, and seeks to acquire and use only that portion of the commodity essential to support DON missions. (2) Accountable usage reflects the DON obligation to utilize its assigned or delegated airspace resources in a conservative manner, removing them from public access only for that time required to accomplish the military mission(s) for which they were created. It additionally mandates recurring internal assessments, and adjustments if needed, to ensure airspace optimization. (3) As both a user of resources and an aviation service provider within the national airspace system, the effective management of DON assigned or delegated airspace must continually focus on safety and efficiency. Airspace planning must be undertaken, and military operations must be controlled, to uphold and promote these tenets for both military and civil entities in the air and on the ground. 1-3

10 4. Administrative Notes a. References, Terms, and Acronyms (1) References. Required orders, directives, and other publications related to this instruction are listed in appendix A. (2) Terms. Abbreviations and special terms used in this instruction are described in appendix B. (3) Acronyms. A listing of acronyms used in this instruction is contained in appendix C. b. Notes and Word Usage (1) Notes. Similar to other DON instructions, special note callout tags may be found throughout this publication in the following format. Note #-#: Callout tags of this type will contain additional explanatory information about a procedure, practice, or condition, etc., that should be emphasized. (2) Word Usage. The concept of word usage and intended meaning within this instruction is set forth in subparagraphs 4b(2)(a) through 4b(2)(e). These definitions are per reference (c). mandatory. prohibited. (a) Must means an action or procedure is (b) Must not means an action or procedure is (c) Should is used when application is recommended. (d) May and need not are used when application is optional. 1-4

11 (e) Will is used only to indicate futurity, never to indicate any degree of requirement for application of a procedure. Note: It is not possible nor feasible to specify every situation or circumstance under which provisions of this instruction will apply; therefore, wording such as normally, etc., and such as has been used. Words or clauses of this type are intended to illustrate concepts or examples and must not be used as loopholes to support efforts beyond the parameters of this instruction. 1-5

12 CHAPTER 2 AIRSPACE MANAGEMENT 1. Purpose. This chapter specifies airspace management roles and responsibilities within the DON. It is applicable to all activities having operational control, administrative control, or other responsibilities for the use of airspace, military training routes (MTR), and other aviation control and support constructs under DON authority. Figure 2-1 identifies high level airspace within the national airspace system. 2. DON Airspace Policies Figure 2-1 National Airspace System a. It is essential that DON activities recognize the importance of airspace to DON testing, training, and readiness of air, surface, and subsurface units. In many cases the real property underlying airspace may be owned or controlled by DON installations, facilities, ranges, or other Military Departments. Military use of airspace includes employment of military manned and unmanned aircraft (UA), airborne weapons systems, land based weapons systems of all trajectories, laser designation, and other non-hazardous military activities. However, within the United States, the airspace itself remains a component of the national airspace system under the management and regulatory authority of the FAA. While special activity airspace (SAA) may be established, and terminal airspace assigned or delegated to the DON or other Military Departments for their use, it is not the property of the DON or other military or government departments. b. The Deputy Chief of Naval Operations for Warfare Systems (CNO (N9)) and the Deputy Commandant for Aviation (DCA) maintain staff under OPNAV N98 and HQMC AVN (APX), respectively, for the execution of requirements associated with airspace. The office of OPNAV N980A serves as the DON EA and lead for all naval 2-1

13 airspace and ATC matters to ensure department airspace policy alignment, consistency, quality, and standardization across both Services. When necessary, OPNAV N98 will serve as a single DON voice to external agencies. As such, it is DON policy that: (1) all DON entities must: (a) have sufficient access to airspace necessary to meet worldwide operational, training, exercise, test, and evaluation requirements for peacetime, contingency, and wartime operations; (b) abide by all applicable Federal laws and governmental policies encompassing the DoD pursuant to promoting the safe use of assigned or delegated airspace; (c) release scheduled, active, assigned, or delegated airspace for U.S. Armed Forces and U.S. Armed Forces partner organizations use to the FAA or to other air navigation service providers, as appropriate, when the airspace is not needed for U.S. Armed Forces and U.S. Armed Forces partner organizations requirements; (d) cooperate with the FAA for the effective and efficient management of the national airspace system and to actively participate in international aviation, ATC, and airspace management forums to ensure DON requirements and needs are addressed; (e) integrate DON air operations into the national airspace system to the maximum extent possible. This is based on the concept that all operational and training missions be conducted in a controlled environment without unacceptable degradation of mission; (f) to the extent practicable, establish DON ATC oversight in areas with highly congested commercial and general aviation air activity. The decision to establish the recommended DON ATC oversight rests with OPNAV N98 and HQMC AVN (APX); and (g) under the joint use concept, ensure special use airspace (SUA) is made available for use by all national airspace system users when not required to contain the activity 2-2

14 for which it was designated. DON using agencies must execute agreements per this instruction to establish procedures for joint use of restricted areas (RA) and to stipulate when the controlling agency may grant permission for transit through by non-participating aircraft; (2) all DON using agencies must make available such SAA for the conduct of operations or training per this instruction, provided such operations or training can be safely contained within the SAA and will not derogate the mission of the using agency; (3) to the greatest extent feasible, DON must own, or maintain real property interests, in lands underneath regulatory SUA; and (4) all airspace proposals, which require real property interests, must be coordinated through the Office of the Assistant Secretary of the Navy (ASN), Energy, Installations and Environment (EI&E), prior to submission of a formal airspace proposal. 3. DON Airspace Management Obligation. In addition to being an airspace resource user, the DON is also a service provider within the national airspace system. In this role, DON airspace managers at all levels must carry out their duties and responsibilities per this instruction. United States Navy (USN) and USMC authority to manage airspace assets within the national airspace system is derived from OPNAV N98 and HQMC AVN, respectively, who are obligated to ensure the safe and efficient use of resources on behalf of the Service. 4. Management Responsibilities. Management of airspace related matters throughout the DON is a collective responsibility of individuals and organizations assigned throughout numerous chains of command. Personnel executing duties that directly or indirectly impact airspace must be guided by policies contained in this instruction, applicable Naval Air Training and Operating Procedures Standardization (NATOPS), and other Service policies. Responsibilities related to DON airspace management and utilization are included in subparagraphs 4a through 4q. a. CNO. The CNO, in coordination with CMC, coordinates development and sustainment of internal policies and procedures 2-3

15 for all aspects of DON airspace management. The CNO develops and maintains internal policies and procedures for all aspects of USN airspace management. In addition, CNO provides staff to act as the DON airspace EA. b. CMC. The CMC, in coordination with the CNO, coordinates development and sustainment of internal policies and procedures for all aspects of DON airspace management. The CMC develops and maintains internal policies and procedures for all aspects of USMC airspace management. c. OPNAV N98. OPNAV N98 serves as the lead for inter- and intra-service coordination, policy development, and implementation pertaining to airspace procedures and planning, ensuring conformity to DON policy. OPNAV N98 designated OPNAV N980A as the airspace EA to ensure DON airspace policy alignment, consistency, quality, and standardization, across both Services and when necessary, serve as a single DON voice to external agencies. d. DCA. DCA serves as the USMC lead for inter- and intra- Service coordination, policy development, and implementation pertaining to airspace procedures and planning, while ensuring conformity to DON policy. The DCA coordinates with OPNAV N98 in establishing such policy. DCA designated HQMC AVN (APX), to serve as the USMC airspace subject matter expert (SME). e. NAATSEA (OPNAV N980A) (1) OPNAV N980A, under OPNAV N98, and in collaboration with HQMC AVN (APX), provides overall management of DON responsibilities and activities associated with the administration and management of all airspace. This includes airspace architecture redesign, policies, procedures, processes, equipment redesign, and guidance for safe, effective, and efficient operation and administration of DON units handling airspace matters. (2) OPNAV N980A duties and responsibilities include, but are not limited to, those listed in subparagraphs 4e(2)(a) through 4e(2)(p). (a) Facilitate inter- and intra-department standardization. Review all DON generated airspace proposals 2-4

16 for accuracy, safety, and compliance with applicable references. Endorse all official airspace proposals to the FAA prior to submission at the FAA service area level. (b) Liaise directly with staffs from the FAA, ICAO, NATO, DoD, Joint Services, and DON staffs and agencies. (c) Provide overall management of USN responsibilities and activities associated with the administration and management of assigned or delegated airspace. (d) Validate current and future USN airspace requirements and formal airspace proposals for airport and terminal area initiatives. Review and coordinate DON initiatives for training range airspace and development of airspace plans and reports in support of the sustainable ranges initiative. (e) Serve as the DON and USN SME advisor to all DON and USN senior advisory groups associated with airspace procedures and planning. (f) Represent OPNAV N98 on the DoD Policy Board on Federal Aviation (PBFA) senior advisory group, including being the DoD lead for the airspace sub-group. (g) Coordinate DON airspace position regarding joint policies affecting: ICAO, SAA, interagency group on international aviation, oceanic navigation, airports, and unmanned aircraft systems (UAS). (h) Provide DON policy and guidance for comprehensive airspace planning between the DON, DoD, FAA, other Government agencies, State governments, and civil communities. (i) Direct and manage the DON Airspace Planning and Procedures Program. (j) Define, validate, and coordinate naval requirements; develop and update the DON airspace reporting requirements submitted by the OPNAV N98 Navy representatives (NAVREP) located at FAA service area headquarters. 2-5

17 (k) Serve as the reporting senior, providing policy guidance and supervision, for the NAVREPs at FAA headquarters and at FAA service area headquarters. (l) Manage the DON process associated with the FAA Obstruction Evaluation and Airport Airspace Analysis (OE/AAA) Program to evaluate objects that affect navigable airspace. As required, take appropriate action to coordinate mitigation options with effected entities. (m) Serve as the DON lead agency to review and recommend changes to FAA policy and procedures for airspace management, planning, coordination, and DON special operations. (n) Coordinate with CNO N4 on Air Installation Compatible Use Zone (AICUZ) plans, range AICUZ plans matters, range airspace encroachment, and SAA requirements needed in support of range operations. (o) Coordinate with HQMC AVN (APX) in the development of exception and waiver procedures to DON airspace policy and procedures. (p) Coordinate with HQMC AVN (APX) regarding all document change proposals (DCP) to governing policy and instruction that may impact airspace, airspace use, ATC, or range operations. Service concurrence to DCPs airspace policy and procedures is preferred, however, where Services differ, OPNAV N98 and HQMC AVN (APX) will draft Service positions and the DCP comments will be labeled as USN Only or USMC Only as applicable. As the EA, OPNAV N980A will advocate for both Service positions during coordination. f. HQMC AVN (APX), Under DCA (1) HQMC AVN (APX) represents the USMC position on Service level airspace matters to include airspace requirements, planning, management, and administration; to the FAA and external agencies as determined by the USMC airspace management ORB WIPT. HQMC AVN (APX) represents the USMC airspace management ORB WIPT to OPNAV N

18 (2) HQMC AVN (APX) duties and responsibilities include, but are not limited to, those contained in subparagraphs 4f(2)(a) through 4f(2)(f). (a) Coordinate overall management of USMC responsibilities and activities associated with the administration and management of airspace matters with affected USMC commands, ensuring conformity to DON policy. (b) Validate current and future USMC airspace requirements and formal airspace proposals for airport and terminal area initiatives. Review and coordinate intra-service initiatives for training range airspace and development of airspace plans and reports in support of the sustainable ranges initiative. (c) Serve as the USMC SME advisor to all USMC senior advisory groups associated with airspace procedures and planning. (d) Provide direct liaison with staffs from the FAA, ICAO, NATO, DoD, Joint Services, and DON staffs and agencies. (e) Coordinate with OPNAV N98 in the development of exception and waiver procedures to DON airspace policy and procedures. (f) Coordinate with OPNAV N98 regarding all DCPs to governing policy and instruction that may impact airspace, airspace use, ATC, or range operations. Service concurrence to DCPs airspace policy and procedures is preferred, however, where Services differ, OPNAV N98 and APX will draft Service positions and the DCP comments will be labeled as USN Only or USMC Only as applicable. g. Miscellaneous. Consistent with their assigned missions and tasks, each deputy CNO in OPNAV and deputy commandant in HQMC must provide support and assistance to OPNAV N98 and DCA in this assignment. h. NAVREPs to the FAA (1) NAVREP Offices. OPNAV N98 and HQMC AVN (APX) maintain NAVREP offices at FAA national headquarters in 2-7

19 Washington, DC. This office provides Service-level coordination and policy interpretation on national level issues. OPNAV N98 additionally maintains NAVREP offices at the three FAA service area headquarters. Service area NAVREPs liaise between the FAA and DON activities within the FAA service areas they represent. Each NAVREP office provides direct DON policy integration during airspace negotiations at the service area level. Policy guidance, supervision, and authority vested in each NAVREP office is derived from OPNAV N98. OPNAV N98 / HQMC AVN (APX) USN NAVREPs USMC NAVREP USN NAVREPs USN NAVREPs USMC NAVREP USN HQ NAVREP USMC HQ LNO FAA Western Service Area (WSA) (Seattle, WA) FAA Central Service Area (CSA) (Fort Worth, TX) FAA Eastern Service Area (ESA) (Atlanta, GA) FAA Headquarters (Washington, DC) Figure 2-2 USN and USMC Representatives Assignment within the FAA Service Areas (2) NAVREP Office, FAA Headquarters, Washington, DC. The FAA and DON mutually agreed to establish liaison positions following the enactment of reference (d), followed by full implementation through continuing memoranda of agreement. Individuals assigned to these billets are assigned to OPNAV N98 and HQMC AVN (APX) staffs and serve as members of the staff of vice president for systems operations. The duties and responsibilities for the NAVREP office assigned to FAA national headquarters are included in subparagraphs 4h(2)(a) through 4h(2)(e). (a) Advise OPNAV N98 and HQMC AVN (APX) staff on airspace matters. Serve as USN or USMC members or technical advisors to the sponsoring Service lead of the DoD PBFA airspace policy and procedures sub-committee. 2-8

20 (b) Advise the FAA Administrator, through various FAA agencies, of DON plans and programs with the potential to impact the FAA. (c) Coordinate DON airspace issues with representatives from the other Services on DoD-wide airspace matters. (d) Interface with service area NAVREPs and DON RACs, and other airspace management agencies to provide DON policy guidance and interpretation on airspace issues. (e) As the OPNAV N98 Mission Capability Analysis Tool (MCAT) SME, review and provide DON evaluation results of navigable airspace via MCAT to the FAA OE/AAA Program to include mission impacts. (3) NAVREP Offices, FAA Service Areas. Each service area NAVREP office liaises between the FAA and DON activities located within their geographical areas as depicted in figure 2-2. The NAVREP offices facilitate inter-agency communications and ensure service area assigned or delegated airspace matters are in concert with national DON policy. Each office has both officer and enlisted staff under the direct operational command of OPNAV N98. Staff members assigned to each NAVREP office are exempt from collateral duties to the activity to which they administratively report. While staff members assigned to each NAVREP office are not in the direct operational or administrative chain of command for DON using agencies, DON RACs, or DON CALOs, they serve in a direct liaison capacity and are authorized direct contact as necessary in the execution of their duties. The responsibilities of the NAVREP offices assigned to FAA service areas are included in subparagraphs 4h(3)(a) through 4h(3)(t). (a) Serving as OPNAV N98 staff representative for issues within assigned FAA service area. (b) Providing liaison and interface between DON using agencies, RACs, and FAA service area headquarters to include providing direct OPNAV and HQMC airspace policy guidance. 2-9

21 issues. (c) Coordinating service area inter-service airspace (d) Providing technical advice to DON using agencies, CALOs, RACs, and other DON and DoD activities located within the FAA service area on airspace matters proposed or contemplated by the FAA which may potentially impact DON interests. (e) Monitoring DON, DoD, and FAA national and service area plans and programs to ensure coordination is affected with all interested parties. (f) Reviewing service area airspace proposals for compliance with applicable regulatory publications. This includes coordination with appropriate service area Naval Facilities Engineering Command (NAVFACENGCOM) concerning content of airspace-related environmental documentation. (g) Forwarding FAA generated aeronautical studies that impact DON operations to appropriate DON using agency, CALO, and RACs for review and comment. (h) Reviewing Federal Register for publication of dockets that may affect DON use of airspace and forwarding information to DON using agencies, RACs, and CALOs for review, comment, and implementation as appropriate. The NAVREP office must coordinate DON comments and positions on airspace proposals through OPNAV N98 and HQMC AVN (APX) (as applicable) prior to OPNAV N98 submission to the FAA service area. (i) Coordinating, consolidating, and forwarding service area DON comments to OPNAV N98 and HQMC AVN (APX) (as applicable) with regard to FAA proposals that affect airspace designated for DON use. Comments are appropriate only with respect to the international airspace aspects of a proposal. Issues concerning domestic airspace will be addressed if a proposal is published as a notice of proposed rulemaking (NPRM). OPNAV N98, in coordination with HQMC AVN (APX), will formulate DON positions regarding such proposals. The DoD PBFA airspace policy and procedures sub-committee are responsible for coordinating final DoD determination as to whether the proposal is consistent with national defense requirements. 2-10

22 (j) When notified, reporting all severe ATC hazards, severe operational errors, aircraft mishaps (to include near or actual midair collisions), or any other aviation related matters involving DON aircraft or facilities which could generate media or national interest, to OPNAV N98 and HQMC AVN (APX). (k) Providing Service area status updates on significant issues and areas of concern to OPNAV N98 and HQMC AVN (APX) quarterly with copies to the cognizant RACs. Upon request, copies will be provided to using agencies and CALOs. (l) Actively coordinating with all SAAs using agencies in the collection, review, consolidation, validation, and submission of special activity airspace utilization report (SAAUR), for all SAA delegated to the DON, per chapter 6. As required, provide feedback to the RAC and forward the consolidated SAAUR to OPNAV N98 and HQMC AVN (APX) with a copy to appropriate ATC training and readiness (T&R) offices. (m) Coordinating environmental provisions of the June 1969 Department of Transportation and DoD memorandum of understanding (MOU) where appropriate. (n) Attending public meetings and hearings associated with DON service area airspace related actions. (o) Supporting preliminary inquiry and provide local aviation command and OPNAV N98 notification of alleged flight violations by DON aircraft. NAVREP preliminary inquiries will be limited to forwarding the FAA Administrator s daily alert bulletin or related products regarding any pilot deviations, along with the associated DON aviation element and command point of contact (POC) (if known) for follow-on investigation purposes. (p) Reviewing draft letters of agreement (LOA) associated with airspace, and, when requested, review other LOAs or procedures. impact DON. (q) Monitoring FAA international issues that may (r) Providing technical guidance and procedural assistance as needed. The NAVREP offices are not assigned to 2-11

23 investigate sonic booms or jet noise complaints, adjudicate final flight violation reports, secure waivers of noncompliance with 14 Code of Federal Regulations (CFR), or develop local instrument approach procedures. Such matters, although related to airspace, are the responsibility of the individual DON using agency, CALO, RAC, OPNAV N98, and HQMC AVN (APX) (USMC only). (s) Participating in the DON FAA OE/AAA process identified in chapter 5 and monitoring of associated service area airspace concerns. This includes maintaining an awareness of national issues, including legislation, which could impact current and planned airspace related initiatives. (t) Submitting USN and USMC applications for FAA certificates of waiver or authorization (COA) for UAS operations outside of active RA or warning area (WA) airspace. NAVREPs will review, approve, and formally commit UAS COA applications on behalf of DON proponent organizations to the FAA using the agency s automated system. (4) Visit Support. NAVREPs visiting commands on official business, either with the command or with another agency in the area, must be accorded the maximum assistance possible in the performance of their duties. Such assistance may take the form of, but is not limited to, clerical services, local and long distance telephone services, Internet services, and provisions for billeting. i. RAC. The RAC must serve as the DON focal point and central clearinghouse for all airspace matters that pertain to any DON airspace related activity within their designated geographical service area. Staff members assigned to each DON RAC office are not required to reside directly within the operational or administrative chain of command for DON using agencies or CALOs; however, RACs must act in a direct liaison capacity and are authorized tasking authority pertaining to matters associated with airspace and direct contact as necessary in execution of their duties on airspace matters. The duties and responsibilities for RAC offices are per subparagraphs 4i(1) through 4i(10). (1) Serving as the coordinator for all DON airspace issues within their area of responsibility. In this capacity, the RAC serves as the regional spokesperson on all airspace 2-12

24 issues and liaison with non-don activities or agencies. To ensure a consistent DON position the RAC must coordinate all airspace policy matters with the appropriate NAVREP office, who will in turn coordinate with OPNAV N98 and HQMC AVN (APX) (USMC only) prior to issuing or providing any official DON position associated with airspace matters. (2) Monitoring DON airspace and other aviation support and control constructs within their designated geographic area. Scheduling priorities are determined by fleet commander directives as coordinated and agreed upon between the Military Services involved. Scheduling and control of specific airspace, such as priorities associated with a training range, must be the responsibility of individual using agencies per appropriate operational order priorities. All airspace issues impacting DON activities must be coordinated through the appropriate NAVREP office. (3) Overseeing all inter-service and FAA LOA negotiations involving DON airspace issues within their designated area of responsibility. This duty includes reviewing and providing concurrence to all LOAs prior to any DON representative signature. Final copies of LOAs must be sent to the appropriate FAA service area OPNAV N98 NAVREP office. (4) Participating in the FAA OE/AAA process to identify and address Notices of Proposed Construction filed with the FAA which may represent hazards to aviation. RACs must ensure review of proposed construction cases are evaluated for potential conflicts per criteria specified in reference (c). (5) Participating in regional airspace encroachment issues identified by the DON MCAT or other means and coordinating with local mitigation response teams as necessary, per guidance in chapter 5. RACs should additionally maintain an awareness of national issues, including legislation, which could impact current and planned airspace-related initiatives. (6) In coordination with their respective NAVREP office, other Services, and other supporting activities, liaising as necessary with local community and state agencies involved in airspace issues. Environmental impact issues will be coordinated by the RAC with the appropriate regional NAVFACENGCOM and NAVREP offices. 2-13

25 (7) Collecting, reviewing, and consolidating of all regional airspace requirements. This responsibility includes all proposals to add, modify, or delete airspace (to include SAA) within the RAC designated area of responsibility. A prioritized annual submission of all emerging requirements for airspace will be submitted to the NAVREP for inclusion in the SAAUR as outlined in chapter 6. (8) Monitoring and coordination of Open Skies Treaty compliance with DON airspace management agencies per references (b) and (e) as required. (9) Serving as the Holiday Airspace Release Program (HARP) coordinator for their assigned area of responsibility. Collect, review, and consolidate all HARP requests for their units. Forward all finds to the DoD coordinator per the FAA and DoD MOU. (10) Executing site visits to facilities under their jurisdiction, as required, to ensure full understanding of facility intricacies, policies, and operating procedures to provide requisite levels of oversight and guidance in airspace policy issues. An alignment of DON SAA parcels under specific individual RAC cognizance is listed in appendix D. j. CALO (1) Each DON installation and command with airspace responsibility (to include terminal, enroute, or SAA) must designate a CALO. For using agencies and installations with an ATC facility, the CALO will be the ATC facility officer who will serve as the command representative on all matters pertaining to airspace. For using agencies and installations without an ATC facility, the CALO will be a graduate of the FAA airspace school (or equivalent) and will serve as the command representative on all matters pertaining to airspace. CALOs must consult in their duties with all users and managers of DON airspace resources to support a comprehensive understanding of airspace issues associated with mission support requirements. Staff members designated as a CALO are authorized to conduct liaison outside the traditional chain of command as necessary in execution of their duties. 2-14

26 (2) The CALO serves as the command and organization SME and resident authority on airspace matters. Each CALO is expected to conduct liaison with local FAA facilities, RAC office, and NAVREP office on local airspace matters. They maintain direct liaison with the appropriate RAC, NAVREP, and with other organizations within the command to ensure coordination of DON airspace policy within their airspace. The duties and responsibilities for the CALO are included in subparagraphs 4j(2)(a) through 4j(2)(j). (a) Ensuring copies of all pertinent command correspondence, to include annual airspace use data and SAAUR information, are submitted to the appropriate NAVREP (with copy to RAC). CALOs are responsible for coordinating administrative airspace functions. ((USMC Only) Develop and forward regional airspace plan (RAP) as outlined in chapter 6). (b) Providing direct liaison to the appropriate RAC and NAVREP offices on airspace initiatives envisioned or initiated by the command he or she represents. (c) Supporting the RAC, NAVREP, or other pertinent DON offices in FAA OE/AAA aeronautical study evaluations to determine potential impacts to airspace, navigational aids (NAVAID) and landing systems, instrument procedures, or other factors affecting the safety of flight within their area of responsibility. (d) Initiating airspace proposals, to include SAA, or modifications to include permanent changes due to changing operational requirements and temporary SAA modifications for exercises. Coordinate with the RAC prior to submission. (e) Coordinating airspace issues, to include SAA, with appropriate organizations within the command (i.e., public affairs, environmental, legal). (f) Representing the DON RAC or NAVREP at local airspace related coordination meetings, as required. (g) Coordinating Open Skies Treaty compliance with DON airspace management agencies per references (b) and (e) as required (i.e., notifying the RAC of potential impacts). 2-15

27 (h) Serving as the HARP coordinator for the SUA assigned or delegated to them. Collect, review, and consolidate all HARP requests for their units. Forward all finds to the RAC per the FAA and DoD MOU. (i) Maintaining membership at command facilities and planning boards and representing airspace matters. (j) Providing a copy of the CALO designation letter to the appropriate RAC, NAVREP office, and, as requested, T&R offices. k. USN Echelon 2 Commands. Commander, Naval Air Force Atlantic (COMNAVAIRLANT) and Commander, Naval Air Force Pacific (COMNAVAIRPAC), and Commander, U.S. Fleet Forces Command (COMUSFLTFORCOM). Designated USN echelon 2 commands train, equip, and manage the certification of naval combat forces. Within the purview of this instruction, COMNAVAIRLANT and COMNAVAIRPAC or, in the case of major range and test facility base (MRTFB), Naval Air Systems Command must: (1) designate USN commands to execute RAC duties and responsibilities within a defined area of responsibility; and (2) in coordination with COMUSFLTFORCOM, validate requirements to designate, alter, or revoke assigned or delegated SAA originating from subordinate organizations. l. OPNAV Energy and Environmental Readiness Division (OPNAV N45) (1) Environmental readiness encompasses all aspects of environmental compliance, planning, conservation, cultural resources, and restoration. The mission of Navy's environmental readiness program is to ensure the ability of U.S. Naval forces to effectively operate worldwide in an environmentally responsible manner, both ashore and at sea. The Environmental Readiness Program provides Navy commanders, operators, design agents and life-cycle managers, installation managers, Navy military and civilian employees, and Government contractors with comprehensive and effective policy guidance, tools, and training to support operational readiness and sustainability, in compliance with environmental laws, regulations, and executive orders across the Navy enterprise. 2-16

28 (2) Reference (f) identifies and is consistent with applicable Federal, State, and local environmental laws, statutes, regulations; executive orders; DON regulations, requirements, and instructions; and DoD directives, instructions, and other issuances. It directs commands, when and where appropriate, to consult the applicable DoD final governing standards for host nation-specific criteria, or applicable overseas environmental baseline guidance when host nation-specific final governing standards have not been developed. It also establishes and provides Navy implementing policy guidance for managing and complying with these requirements and assigns responsibility for their planning and execution. Directives set forth in this manual should be read in a manner consistent with higher guidance. All subsequent Navy Environmental Readiness Program related instructions, manuals, guidance, and directives derived from this manual must be aligned with the direction set forth herein. (3) All environmental program areas covered within reference (f) are under the cognizance of OPNAV N45, except as specifically noted. However, other related references and instructions relevant to specific programs under OPNAV N45 cognizance are also identified, including: energy, strategic sustainability, pollution prevention, and noise. m. USMC Fleet Commands. Marine Forces Pacific and Marine Forces Command. USMC fleet commands represent the senior regional command authorities for Marine operating forces. Within the purview of this instruction, they are responsible for validating requirements to designate, alter, or revoke assigned or delegated SAA originating from subordinate organizations. n. Marine Corps Installations Command (MCICOM). Commanding General (CG), MCICOM exercises command and control of USMC installations via regional commanders in order to provide oversight, direction, and coordination of installation services and to optimize support to the operating forces, tenants, and activities. MCICOM is assigned the USMC lead for installation matters and, as such, serves as the higher headquarters for RACs and the lead for installation, regional, and Service level encroachment and governmental affairs. Within the purview of this instruction, their responsibilities are contained in subparagraphs 4n(1) through 4n(3). 2-17

29 (1) Designation of USMC commands to execute RAC duties and responsibilities within a defined area of responsibility. (2) Establishment and management of USMC programs for analysis and safety of flight preservation actions regarding Notices of Proposed Construction submitted via the FAA OE/AAA Web site. (3) In coordination with OPNAV N45, establishment and management of USMC programs to address airspace encroachment issues identified by the DON MCAT or other means. o. Marine Corps Combat Development Command (MCCDC). MCCDC is charged with the development and integration of USMC warfighting capabilities across the doctrine, organization, training, materiel, leadership, personnel, facilities, and policy spectrum. The GC, MCCDC, serves as the EA for USMC range and training area management, to include range control operations. Within the purview of this instruction, MCCDC Range and Training Area Management Branch (C465) is responsible for: (1) managing, overseeing, and coordinating applicable USMC using agency operations per governing directives; and (2) in coordination with USMC fleet commands, validating requirements to designate, alter, or revoke delegated SAA originating from organizations per criteria contained in chapter 4, and applicable USMC directives. p. USMC Airspace Management ORB WIPT (1) The mission of the airspace management ORB WIPT is to act as the USMC s coordinating body responsible for oversight, development, and coordination of comprehensive USMC policy, direction, and guidance relating to all airspace issues in order to support near term and future operational and Service-unique training airspace requirements. The airspace management ORB WIPT framework facilitates Service level coordination and communication throughout the USMC on actions involving the preservation, sustainment, enhancement, and expansion of airspace for military operations. The USMC airspace management ORB WIPT coordinates airspace management through a DON representative to the FAA, RACs, and CALOs, and associated chains of command. 2-18

30 (2) ORB WIPT POC information: U.S. Marine Corps USMC Airspace Management Operational Review Board Working Integrated Process Team (USMC Airspace ORB WIPT) (703) (3) Additional information concerning the USMC airspace management ORB WIPT can be found in reference (g). q. FAA Air Traffic Representative (ATREP). ATREPs are assigned to all military ATC facilities and airspace using agencies and serve as a liaison between the military and the FAA, and between the military and civil users. ATREPS will perform their duties per reference (c), to include subparagraphs 4q(1) through 4q(9). (1) Serving as a technical advisor in all phases of ATC in order to improve ATC service. (2) Evaluating the amount of airspace required for ATC and coordinating approval of airport traffic patterns. (3) Participating in appropriate intra-military meetings in which the FAA has an interest. (4) Encouraging lecture and training programs for base pilots and civil air user groups and recommending changes, if necessary, to improve service. visits. (5) Providing day-to-day ATC support in the form of site (6) Supporting the DON quality assurance evaluation process. FAA evaluations of military ATC facilities, air surveillance radar, and precision approach radar units that exchange control of air traffic directly with FAA facilities must be accomplished per article I, paragraph E, of the June 1969 Memorandum of Agreement between Department of Transportation, Federal Aviation Administration, and the U.S. Army the U.S. Navy the U.S. Air Force, in appendix 4 of reference (h). The intent of the evaluation is to determine that: 2-19

31 (a) equipment performance and staffing are adequate for the service being provided; (b) personnel qualifications, certifications, and performance meet acceptable standards; (c) procedures utilized are consistent with LOAs between FAA ATC facilities and the appropriate local military authority and local memorandum of agreement between the FAA and appropriate military authority; and (d) all deficiencies which may affect flight safety must be reported to the commanding officer (or designated representative) for timely corrective action. (7) In cooperation with the appropriate military authority, FAA service center operation support groups assign ATREPs by geographic area. (8) Be an FAA signatory to LOAs between FAA and DON. (9) Additional ATREP functions are listed in article IV of the June 1969 Memorandum of Agreement between Department of Transportation, Federal Aviation Administration, and the U.S. Army the U.S. Navy the U.S. Air Force in appendix 4 of reference (h). 5. Airspace Command and Control. Command and control of aviation assets within DON airspace resources is conducted at various levels, under different constructs, and by a variety of organizations. In all cases, services to aircraft must be conducted per established directives and in a safe and competent manner so as not to endanger DoD assets or other users of the national airspace system. All organizations and individuals providing command and control services within DON airspace are responsible for adherence to these parameters and must immediately notify the appropriate RAC of organizational disagreement or conflicting interpretation. 6. Inter-Organization and Agency Agreements a. Agreements. Using agencies must negotiate an LOA, letter of procedure, or memorandum of agreement when operational needs require cooperation and concurrence among DON 2-20

32 organizations or external agencies. Agreements concerning DON airspace must be executed when it is necessary to: (1) describe airspace areas required to segregate operations; (2) define inter-facility or interagency responsibilities and coordination requirements; (3) supplement established operational or procedural instructions; (4) establish or standardize operating methods; and (5) delegate responsibility for ATC service (control boundary jurisdiction, procedures for coordination, etc.). Note 2-1: Ensure all DON ATC facilities entering into LOAs with the FAA pertaining to ATC Zero have adequate resources described within the LOA (i.e., airspace, manning, equipment, and frequency authorization) to support the agreements. b. Authorities and Procedures (1) Agreements between organizations and agencies concerning DON airspace are an extension of OPNAV N98 authority. They must not establish policies or standards outside of the scope of this instruction and, where applicable, must not deviate from requirements specified in reference (e) or reference (i) without specific, written approval from OPNAV N98. (2) All inter-organization and agency agreements concerning DON airspace must include signatures from all DON activities concerned, and must be reviewed and concurred with by the appropriate RAC and NAVREP offices prior to obtaining signatures. Final copies of all LOAs or procedures pertaining to all DON using agency, RAC, or other DON organization airspace will be sent to the appropriate NAVREP office by the RAC. (3) Establishment or modification (to include expansion or reduction) recommendations of airspace associated with ATC services (i.e., assigned or delegated terminal airspace; class D 2-21

33 airspace; SAA with defined DON ATC oversight) must not be executed without prior approval of OPNAV N98 and HQMC AVN (APX) (USMC only) via the appropriate chain of command. Organizations considering establishing or modifying delegated airspace are encouraged to coordinate with their respective RACs as well as OPNAV N98 and HQMC AVN (APX) (USMC only) prior to initiating discussions. 2-22

34 CHAPTER 3 AIRSPACE FOR MILITARY OPERATIONS OPNAVINST L 1. Purpose. This chapter describes various types of airspace and other control and support constructs within the national airspace system which support DON aviation operations. It additionally prescribes policy for DON using agencies regarding the scheduling and activation of airspace established in support of military mission requirements for civil aviation activities. 2. Background. The FAA recognizes that the military has a continuing requirement to conduct operations, training, and testing activities within airspace as free from other nonparticipating aircraft as practicable, and has established programs and constructs to support this obligation. The primary purpose of the SAA program is to establish and designate airspace in the interest of national defense, security, and welfare. Effective management and safe operating procedures are essential in preserving existing SAA from encroachment by competing interests, as well as setting positive foundations for new airspace proposals in support of evolving DON missions. DON airspace managers and planners should be thoroughly familiar with the purpose and responsibilities associated with each type of airspace and other aviation control and support constructs under their purview. 3. The National Airspace System. The national airspace system is comprised of terminal and enroute airspace that supports both civil and military users, and SAA which is utilized primarily by DoD and other Government agencies. a. Terminal and Enroute Airspace. Terminal airspace is a general term that describes an area in which approach control or airport traffic control services to aircraft are provided. In contrast, enroute airspace refers to an environment generally located between the departure and destination terminal areas. Though enroute airspace is normally controlled by an FAA air route traffic control center (ARTCC), aircraft operating in these areas may occasionally receive services from FAA or DoD approach control facilities. There are six formal classes of airspace used in the national airspace system to support terminal and enroute operations. See figure 3-1. Each class is categorized as controlled or uncontrolled. 3-1

35 (1) Controlled Airspace (a) Class A (Enroute). Generally, that airspace from 18,000 feet mean sea level (MSL) up to and including flight level (FL) 600, including the airspace overlying the waters within 12 nautical miles (NM) of the coast of the 48 contiguous States and Alaska. Unless otherwise authorized, all persons must operate their aircraft under instrument flight rules (IFR). (b) Class B (Terminal). Generally, that airspace from the surface to 10,000 MSL surrounding the Nation s busiest airports in terms of airport operations or passenger enplanements. The configuration of each class B airspace area is individually tailored and consists of a surface area and two or more layers, and is designed to contain all published instrument procedures. An ATC clearance is required for all aircraft to operate in the area, and all aircraft that are so cleared receive separation services within the airspace. The cloud clearance requirement for visual flight rules (VFR) operations is clear of clouds. (c) Class C (Terminal). Generally, that airspace from the surface to 4,000 feet above the airport elevation (charted in MSL) surrounding those airports that have an operational control tower, are serviced by a radar approach control, and perform a certain number of IFR operations or passenger enplanements. Although the configuration of each class C area is individually tailored, the airspace usually consists of an inner surface area with a 5-NM radius and an outer circle with a 10-NM radius that extends from no lower than 1,200 feet up to 4,000 feet above the airport elevation. Each person must establish two way radio communications with the ATC facility providing air traffic services prior to entering the airspace and thereafter maintain those communications while within the airspace. (d) Class D (Terminal). Generally, that airspace from the surface to 2,500 feet above the airport elevation (charted in MSL) surrounding those airports that have an operational control tower. The configuration of each class D airspace area is individually tailored and when instrument procedures are published, the airspace will normally be designed to contain the procedures. Arrival extensions for instrument approach procedures may be class D or class E airspace. Unless 3-2

36 otherwise authorized, each person must establish two way radio communications with the ATC facility providing air traffic services prior to entering the airspace and thereafter maintain those communications while in the airspace. No separation services are provided to VFR aircraft. (e) Class E (Terminal or Enroute). Generally, if the airspace is not class A, class B, class C, or class D, and it is controlled airspace, it is class E airspace. The types of class E airspace areas are listed in subparagraphs 3a(1)(e)1 through 3a(1)(e)7. 1. Surface Area Designated for an Airport. When designated as a surface area for an airport, the airspace will be configured to contain all instrument procedures. 2. Extension to a Surface Area. There are class E airspace areas that serve as extensions to class B, class C, class D, and class E surface areas designated for an airport. Such airspace provides controlled airspace to contain standard instrument approach procedures without imposing a communications requirement on pilots operating under VFR. 3. Airspace Used for Transition. There are class E airspace areas beginning at either 700 or 1,200 feet above ground level (AGL) used to transition to or from the terminal or enroute environment. 4. Enroute Domestic Areas. There are class E airspace areas that extend upward from a specified altitude and are enroute domestic airspace areas that provide controlled airspace in those areas where there is a requirement to provide IFR enroute ATC services but the Federal airway system is inadequate. 5. Federal Airways. The Federal airways are class E airspace areas and, unless otherwise specified, extend upward from 1,200 feet up to, but not including, 18,000 feet MSL. The colored airways are green, red, amber, and blue. The victor airways are classified as domestic, Alaskan, and Hawaiian. 6. Class E Airspace. Unless designated at a lower altitude, class E airspace begins at 14,500 feet MSL to, 3-3

37 but not including, 18,000 feet MSL overlying: the 48 contiguous states including the waters within 12NMs from the coast of the 48 contiguous states; the District of Columbia; Alaska, including the waters within 12NMs from the coast of Alaska, and that airspace above FL 600; and excluding the Alaska peninsula west of longitude W., and the airspace below 1,500 feet above the surface of the earth unless so designated. 7. Offshore Control Airspace Areas. Airspace areas beyond 12 NMs from the coast of the United States, wherein ATC services are provided. (2) Uncontrolled Airspace. Class G. Airspace that has not been designated as class A, B, C, D, or E airspace. Figure 3-1 Airspace Classification 3-4

38 b. SAA (1) Airspace other than terminal and enroute which has been designated to support a variety of diverse aviation needs within the national airspace system is categorized as SAA. The establishment of this caveat was created to incorporate other airspace control and support constructs which were previously outside of the SUA grouping. SAA may impose limitations upon certain aircraft operations depending upon its type. Some SAA constructs (i.e., MTR, air traffic control assigned airspace (ATCAA)) may be located within the terminal or enroute environments. (2) SUA is a subset of SAA and is characterized as a volume of airspace wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. Figure 3-2 illustrates examples of SUA and other airspace control and support constructs within the broader SAA category. Depiction of each construct on aeronautical charts is also indicated. SAA SUA Charted Other Control and Support Constructs Charted prohibited area (PA) Yes instrument military training route (IR) Yes RA Yes visual military training route (VR) Yes WA Yes temporary flight restriction (TFR) No military operations area air defense identification zone Yes (MOA) (ADIZ) Yes alert area (AA) Yes ATCAA No national security area (NSA) Yes altitude reservation (ALTRV) No controlled firing area (CFA) No Figure 3-2 SAA (3) SAA Descriptions. SAA is divided into two general categories: regulatory and non-regulatory. (a) Regulatory Airspace. Regulatory airspace, commonly referred to in proposal actions as Rulemaking, is created under statute authorities granted to the FAA under 3-5

39 reference (b), and imposes requirements or restrictions of varying degrees upon the public right of transit through the national airspace system. Regulatory airspace includes the information contained in subparagraphs 3b(3)(a)1 through 3b(3)(a)3. 1. PA. PAs are airspace of defined dimensions identified by an area on the surface of the earth within which the unauthorized aircraft flight is prohibited. Such areas are established for security or other reasons associated with the national welfare. Access to prohibited airspace may only be granted by the using agency as specified in reference (c). All requests for waivers to operate within PAs must be coordinated using figures 4-3 through 4-5 as waivers are modifications to the original regulatory PA airspace proposal. 2. RA. RAs are airspace identified by an area on the surface of the earth within which the flight of aircraft, while not wholly prohibited, is subject to restrictions. Activities within RAs must be confined because of their nature, or limitations imposed upon aircraft operations that are not a part of those activities, or both. RAs denote the existence of unusual, often invisible, hazards to aircraft such as artillery firing, aerial gunnery, or guided missiles. Penetration of RA without authorization from the using or controlling agency may be extremely hazardous to nonparticipating aircraft. 3. TFR. TFR are established by the FAA for a variety of reasons to protect persons and property in the air and on the ground from potential hazards, or to provide a safe environment supporting law enforcement, disaster relief, or humanitarian evolutions. TFR may be enacted via a notice to airmen (NOTAM) by the ARTCC having jurisdiction over the area concerned, the FAA service area, or the FAA national headquarters depending upon the situation. They are only implemented for sovereign U.S. airspace and U.S. territories. (b) Non-Regulatory Airspace. Non-regulatory airspace, referred to in proposal actions as nonrulemaking, may be established by the FAA national headquarters, FAA service area, individual FAA ATC facilities, or, in some cases, by the appropriate military command. Non-regulatory airspace constructs serve to designate, advise, or warn the flying public 3-6

40 of specific aviation activities but do not restrict their entry. Non-regulatory airspace are covered in subparagraphs 3b(3)(b)1 through 3b(3)(b)8. 1. WA. A WA is airspace of defined dimensions, extending from 3 NMs outward from the coast of the United States, which contains activity that may be hazardous to nonparticipating aircraft. The purpose is to warn nonparticipating pilots of the potential danger. A WA may be located over domestic or international waters or both. 2. MOA. MOAs are established outside of class A airspace for the purpose of separating certain military training activities from IFR traffic. When an MOA is in use, ATC will normally reroute or restrict nonparticipating IFR traffic. Examples of activities conducted in MOAs include: air combat tactics, aerobatics, formation training, and low-altitude tactics. Military pilots flying in an active MOA may be waived certain reference (j), part 91, provisions (aerobatic flight, 250 knots below 10,000 feet, etc.). 3. AA. AAs are depicted on aeronautical charts to inform nonparticipating pilots of areas that may contain a high volume of pilot training or an unusual type of aerial activity. All activity within an AA must be conducted per CFRs, without waiver, and pilots of participating aircraft as well as pilots transiting the area must be equally responsible for collision avoidance. 4. NSA. An NSA consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. Pilots are requested to voluntarily avoid flying through an NSA. a. When it is necessary to provide a greater level of security, flight in an NSA may be temporarily prohibited pursuant to the provisions of reference (j), part 99, Special Security Instructions. Where there is a need to restrict flight operations in an NSA, the required restriction will be issued by airspace regulations and ATC procedures group and disseminated via NOTAM. 3-7

41 b. An NSA should be considered when a need to protect national assets or a need to protect an area in the interest of national security is identified. 5. CFA. CFA contain activities which, if not conducted in a controlled environment, could be hazardous to nonparticipating aircraft. The distinguishing feature of the CFA, as compared to other SUA, is that its activities are suspended immediately when spotter aircraft, radar, or ground lookout positions indicate an aircraft might be approaching the area. There is no need to chart CFA as they do not cause a nonparticipating aircraft to change its flight path. 6. MTR. MTRs are mutually developed by the military and FAA for the purpose of conducting low-altitude, high speed, one-way, point-to-point training. Generally, MTRs are established below 10,000 feet MSL for operations at speeds in excess of 250 knots. However, route segments may be defined at higher altitudes for purposes of route continuity. Routes above 1,500 feet AGL are developed to be flown, to the maximum extent possible, under IFR, while routes at 1,500 feet AGL and below are generally developed to be flown under VFR. MTRs are established in one of three categories, as per subparagraphs 3b(3)(b)6a through 3b(3)(b)6c. a. IR. Operations on these routes are conducted per IFR regardless of weather conditions. b. VR. Operations on these routes are conducted per VFR except flight visibility must be 5 miles or more; and flights must not be conducted below a ceiling of less than 3,000 feet AGL. c. Slow Routes (SR). Operations on these routes are conducted per VFR except flight visibility must be 5 miles or more; flights must be conducted at or below 1,500 AGL; and at 250 knots indicated air speed or less. 7. ATCAA. Airspace assigned by ATC to segregate air traffic between the specified activities being conducted within the assigned airspace and other IFR traffic. 8. ALTRV. An ALTRV supports the utilization of airspace under prescribed conditions normally employed for the 3-8

42 mass movement of aircraft, aerial refueling, rocket and missile activities, or other special user requirements which cannot otherwise be accomplished. ALTRVs receive special handling from participating FAA facilities and may be stationary (to support missions within a fixed airspace volume) or moving (to encompass enroute activities as the aircraft flight advances). 4. DON SAA Usage Policy. The purpose of DON SAA is to fulfill military, training, and test and evaluation (T&E) requirements for peacetime, contingency, and wartime operations. The volume and times of use must be the minimum required to contain the intended activity. Using agencies must ensure that DON SAA is returned to the controlling agency during periods when it is not required for its designated military purpose. Note 3-1: Airspace Boundary Integrity. Aircraft operating independently and commands exercising command and control of aircraft in SUA or ATCAA are responsible for ensuring that flight operations are conducted within the vertical and horizontal limits of that assigned or delegated airspace. This requires a continuing re-assessment of the accuracy of the position of the controlling ship or aircraft, awareness of appropriate aeronautical charts and assignment of buffer airspace, as appropriate. It is imperative military air operations be constrained to assigned or delegated airspace except in case of emergency or military necessity. a. Joint Use (1) Under the joint use concept, SAA is released to the controlling agency and becomes available for access by nonparticipating aircraft during periods when the airspace is not needed by the using agency for its designated purpose. (2) RAs, WAs, and MOAs must be designated as joint use unless it is demonstrated that this would result in derogation to the using agency s mission. For certain SAA areas, joint use may be impractical because of the area s small size, geographic location, or high level of use in such areas. In these cases, the airspace proposal package must include specific justification of why joint use is not appropriate. 3-9

43 (3) Joint use does not apply to PAs. AAs and CFAs are essentially joint use because nonparticipating aircraft may transit these areas without limitation. (4) Joint use procedures must be specified in a joint use letter of procedure or LOA between the using agency and the controlling agency. These letters should include provisions for the real time activation and deactivation of the airspace, where such capabilities exist. They should also provide for the timely notification to the controlling agency when the scheduled activity has changed, been canceled, or was completed for the day. (5) Using agencies must ensure that joint use SAA is returned to the controlling agency during periods when the airspace is not needed or being used for its designated purpose. Note 3-2: The controlling agency may not desire the airspace if it will only be available for a limited time prior to the next U.S. Armed Forces event and may recommend the DON keep the airspace active. During these periods log the airspace as available for use for other than scheduled U.S. Armed Forces activities. b. SUA. Scheduling, activating, and access to assigned or delegated SUA by U.S. Armed Forces and U.S. Armed Forces partner organizations activities. (1) The growth of civil aviation (private and commercial) and the development of commercial space and UAS industries, as well as evolving DON airspace requirements, create competition for use within the national airspace system. To ensure DoD retains the capability to access SAA, it is imperative that DON using agencies continue its effective and efficient management of SAA. The contents of this document apply to all DON installations, commands, activities, field offices, and other organizational entities associated with airspace assigned or delegated to the DON by the FAA. Note 3-3: SUA using agency procedures are established within the scope and policy of Executive Order and reference (c). 3-10

44 (2) Using agencies may receive requests to schedule, activate, or access assigned or delegated SAA by non-u.s. Armed Forces activities. Subparagraph 4b(2)(b) clarifies existing DoD SUA policy and provides Service level guidance outlined in the references. (a) It is DON policy that all DON entities must abide by all applicable Federal laws and governmental policies encompassing the DON pursuant to promoting the safe use of assigned or delegated airspace. (b) That DoD-delegated SUA is: 1. established to support U.S. Armed Forces training, T&E requirements for peacetime, contingency, and wartime operations; 2. authorized for use by: a. U.S. Armed Forces; b. Federal agencies with a support agreement signed by one of the U.S. Armed Forces; and c. U.S. Armed Forces partner organizations which provide cooperative emergency response services under the provisions of references (i) and (k), and as further defined by one of the U.S. Armed Forces; 3. designed to be the minimum required volume of airspace and activated time to contain the intended activity; and 4. not protected from non-u.s. Armed Forces, civil or public, aircraft operating under VFR within the confines of non-regulatory SUA. (c) Using agencies associated with airspace delegated to MRTFBs operate under the provisions of reference (l); section 2681 of Title 10, U.S.C.; section 5807 of Title 15, U.S.C.; sections through of reference (b); and other established guidelines. 3-11

45 (d) DoD using agencies that are not MRTFB, as identified in reference (l): 1. must ensure that airspace designated for military purposes is returned to the controlling agency during periods when the airspace is not needed by the U.S. Armed Forces for its designated purpose, as outlined in reference (m); 2. may schedule and authorize use of regulatory airspace, or WA, for hazardous recurring and contingency training activities in support of Federal agencies and U.S. Armed Forces partner organizations, provided all of the conditions in subparagraphs 4b(2)(d)2a through 4b(2)(d)2f are met; designated purpose a. The airspace is activated for its b. The regulatory airspace or WA is authorized for hazardous activity c. Activity does not infringe upon the primary U.S. Armed Forces mission d. Activity does not alter the minimum dimension or times of use required to contain U.S. Armed Forces activity joint-use of SUA e. Activity does not infringe upon the f. Use of the SUA is governed by an LOA. The LOA must include procedures to terminate the non-u.s. Armed Forces activity as expeditiously as possible in the event of unexpected cancelation of U.S. Armed Forces activity, or when the U.S. Armed Forces are complete; and 3. may schedule and authorize use of nonregulatory airspace for non-u.s. Armed Forces public and civil non-hazardous activities under the provisions in subparagraphs 4b(2)(d)3a through 4b(2)(d)3c. a. The airspace is not activated for the sole use of a non-u.s. Armed Forces public or civil entity. 3-12

46 b. If the airspace is activated for U.S. Armed Forces activities, the non-u.s. Armed Forces public or civilian activity may be granted access during those periods if they do not infringe upon the primary U.S. Armed Forces mission. c. Use of the SUA is governed by an LOA. The LOA must include procedures to terminate the non-u.s. Armed Forces activity as expeditiously as possible in the event of unexpected cancelation of U.S. Armed Forces activity, or when the U.S. Armed Forces are complete. (e) DoD installations, facilities, and ranges may include real property owned by the respective Military Department. The overlying airspace, however, remains a component of the national airspace system under the management of the FAA and is not owned by the installation commander. (f) DoD-delegated SUA using agencies are expected to discharge their responsibilities associated with the planning and management of delegated SUA within established guidelines. (g) Airspace management guidance and training should be implemented to reflect this clarification. (h) Using agencies must retain sufficient data to accurately complete and submit a SAAUR (and RAP (USMC only)). Note 3-4: The using agencies must ensure that joint-use SUA is returned to the controlling agency upon completion of Armed Forces activity regardless of impact on the non-armed Forces activity. In the interest of safety of flight, it is recognized that the DON will not return airspace to the controlling agency until the non-armed Forces activity has been terminated. Note 3-5: Operational missions, SAR, medical evacuation and active law enforcement and drug interdiction will preempt fleet operating area (OPAREA) activities. Scheduling authority or activity must closely monitor operational missions to mitigate interference to scheduled events. 3-13

47 Note 3-6: In addition to operating per reference (n), operating with due regard within the confines of WA boundaries all DoD airspace users must comply with applicable current using agency operating manuals, policies, procedures, and scheduling priorities (COMUSFLTFORCOM OPORD 2000). c. DoD and FAA Scheduling Tool and Coordination (1) Ensure that airspace scheduling tools for use within DON are capable of providing an electronic interface with FAA systems and support the current data collection, reporting, and user interface requirements prescribed by COMUSFLTFORCOM and DoD directives. (2) DON will support the national SAA project, but not in areas where missions may be impacted. The FAA SAA concept of operations (CONOPS) describes the future concept for scheduling and disseminating SAA schedules, measuring the use of SAA, and reporting the operational status of SAA. This SAA CONOPS is intended to provide a framework for advancing the SAA concept during the FAA s Next Generation (NextGen) Air Transportation System mid-term timeframe (2012 to 2020). This SAA CONOPS will also be used as a vehicle for developing and documenting a consensus on SAA scheduling, dissemination, and measurement by the FAA, national airspace system operators and schedulers (which includes both civil aviation and DoD), the DoD as an association of Navy safety professionals, and other stakeholders. (3) The FAA plans to develop and implement mechanisms to provide national airspace system users with information about the current and future status of SAA, thus enabling more efficient flight planning. DON will need to ensure compliance with this new technology. (4) DON has multiple airspace scheduling tools, none of which comply with future FAA interface and COMUSFLTFORCOM requirements to share real time airspace information. These systems include the Navy Scheduling System, Military Airspace Data Entry, the Range Facility Management Scheduling System, and the Data Collection and Scheduling Tool. Additionally, some scheduling agencies do not have any automated methods and are 3-14

48 forced to use facsimile machines. DON must monitor national SAA project progress closely and plan accordingly for DON airspace scheduling tools to ensure access to airspace and airspace scheduling in the future. Note 3-7: Airspace will not be used for military activities unless scheduled by the responsible military office 5. UA Operations. Airspace deconfliction considerations. a. Embarked or assigned ship airspace managers and embarked UAS detachments must have a thorough understanding of the constraints on UAS operations when operating in all types of airspace, including: domestic national airspace, foreign national airspace, international airspace, and combat airspace. Furthermore, they must understand the characteristics of UAS which make sharing airspace with manned aircraft challenging. b. The United States has shown significant growth in UAS. There are currently six operational UAS test sites. The FAA is evaluating submissions for a UAS center of excellence (COE), and an NPRM for small UAS. All of these efforts help the FAA develop regulations and operational procedures to achieve the end goal of safe integration of public, commercial, and civil UAS in the national airspace system. The COE will be a geographically dispersed consortium of university partners and their affiliates. Specific projects will be defined and funded through grants. The FAA expects the COE to perform short-term and long-term basic and applied research through a variety of analyses, simulations, and prototyping activities. c. The DON has experienced some UAS encroachment issues as a result of section 333 exemptions. Section 333 of the FAA Modernization and Reform Act grants the Secretary of Transportation the authority to determine whether an airworthiness certification is required for certain UAS to operate safely in the national airspace system. This determination is based on the size, weight, speed, and operational capabilities of the aircraft. After the Secretary makes this determination, a petition for exemption undergoes a safety evaluation by the FAA to determine what additional conditions and limitations are required for the proposed UAS operation. 3-15

49 d. Since UA have no pilot on board, the ability to see and avoid other aircraft is accomplished by an Alternate Means of Compliance with the applicable chapter of FAAO , Flight Standards Information Management System, volume 16, UASs. The COA is the mechanism used to provide that alternate means. COAs are issued to agencies wishing to operate UA for purposes other than hobby or recreation. Public operators normally belong to government or state agencies and routinely conduct UA operations for strictly governmental purposes. These agencies include but are not limited to the DoD, Department of Homeland Security, state and local law enforcement agencies, and public universities. e. In section 333 of the FAA Modernization and Reform Act, Congress provided guidelines that allowed civil UAS to operate in the national airspace system for commercial purposes. The COA provides specific OPAREA and specific mitigations that help to ensure the safety of the national airspace system. The FAA predicts the number of COAs issued for commercial purposes will soon outpace the number of COAs approved for public operators. f. Domestic national airspace is governed under normal peacetime policies and regulations. The FAA is the designated civil aviation authority for the United States. While the FAA has authority over flight operations in the national airspace system, it usually defers management of each WA and RA to the designated using agency. Outside of SUA, the FAA takes a much more vigilant and active role in approving individual UAS operations. This generally requires UAS units to apply to the FAA to obtain COAs. These COAs impose many restrictions on UAS operations within domestic national airspace which includes the airspace over territorial seas that extend outward to 12 NMs from the coastline. g. The operational environment imposed on ship-based UAS operations in international airspace may be less restrictive than that imposed on land-based UAS operations. A ship steaming outside a nation s territorial seas can operate UAS and manned aircraft without the need for basing rights. In compliance with reference (n), UAS operating in international airspace can perform any mission that it is capable of without obtaining waivers or permission to operate from civil aviation authorities; that said, these operations are subject to the policies, procedures, constraints, and limitations placed on 3-16

50 them by international law, DoD, the DoD Foreign Clearance Guide, and the strike group s operational task air. When supporting missions in the littorals and over land, the UA is likely to be operating in airspace claimed by a sovereign nation. UAS operators and mission planners should consult with a staff judge advocate familiar with the United Nations Convention on the Law of the Sea as well as any standing agreements with affected host nations prior to conducting flight operations, and when conditions and planning allow, pre-coordinate with the U.S. Embassy, Office of Defense Cooperation, or other agency located within the nation that may be identified in the DoD Foreign Clearance Guide. h. Furthermore, UAS operators and mission planners must understand U.S. obligations under international law as established in the 1944 Convention on International Civil Aviation - to operate military aircraft in international airspace with due regard for the safety of other aircraft. Reference (n) provides policy and procedures to fulfill U.S. military aircraft obligations to exercise due regard for the safety of other aircraft. (1) ICAO. Per article 3 of the Convention on International Civil Aviation of 1944, contracting States undertake, when issuing regulations for their state aircraft [includes military], that they will have due regard for the safety of navigation of civil aircraft. (2) DoD International Airspace Policy. Reference (n) provides policy and operating procedures for military aircraft manned and unmanned operating in international airspace. To achieve due regard for the safety of other aircraft, DoD policy states that when practical and compatible with mission, U.S. military aircraft operating in international airspace must observe ICAO flight procedures. However, DoD also recognizes that some operational situations may not lend themselves to ICAO flight procedures (e.g., contingencies, classified or sensitive missions, carrier operations and some training missions); and such operations not conducted under ICAO flight procedures are conducted under due regard, and must comply with one or more of subparagraphs 5h(2)(a) through 5h(2)(d). (a) Aircraft must be operated in visual meteorological conditions. 3-17

51 (b) Aircraft must be operated within surveillance, radio, and satellite communications of surface and airborne facility. (c) Aircraft must be equipped with airborne radar sufficient to provide separation between them, aircraft they may be controlling, and other aircraft. airspace. (d) Aircraft must be operated outside controlled Note 3-8: U.S. military aircraft operating in active SUA, which when inactive lies within international airspace, must observe FAA, Service, and using agency policies, procedures, and scheduling priorities. i. The need for staff planners, ships, and UAS units to consider conflicts with other air traffic cannot be understated when operating UAS due regard. Reference (n) states: Essentially, flight under due regard or operational conditions (i.e., not under ICAO flight procedures) obligates the military aircraft commander to act as his or her own ATC and to separate his or her aircraft from all other air traffic. 6. Fixes, Reporting, Points, and Waypoints. Fixes, reporting points, and waypoints are additional aviation support tools used within the national airspace system and may be located in terminal, enroute, or SAA environments. a. Fixes. A fix is a geographical position determined by visual reference to the surface, reference to one or more radio NAVAIDs, celestial plotting, or by other navigational devices. Fixes are generally used to identify points within instrument approaches, holding procedures or other navigation routes. b. Reporting Points. A reporting point is a geographical location at which the position of an aircraft is reported for ATC or other purposes. Reporting points may be locally established constructs (i.e., airport VFR reporting point) or charted compulsory requirements. Charted domestic low and high altitude reporting points are published in reference (o). 3-18

52 c. Waypoints. Waypoints are predetermined geographical positions that are defined relative to a tactical air navigation station or in terms of latitude and longitude coordinates. Waypoints are commonly used for route and instrument approach definition, progress reports, published VFR routes, visual reporting points, or points for transitioning and circumnavigating controlled and SAA. Waypoints may also be used to indicate a change in direction, speed, or altitude along a desired path. 7. Flight Information Region (FIR) a. ICAO designated FIRs are airspace of defined dimensions throughout the world within which basic flight information and alerting services are provided. FIR may encompass the sovereign airspace of one or more countries and also exist over international waters. While positive control and separation standards may be applied per applicable civil aviation authority rules over domestic FIR airspace, services provided over international waters do not reach this level. Instead, basic advice and information useful to the safe and efficient conduct of flight, as well as alerting of appropriate authorities in the case of an aircraft in distress, are provided. b. DON ATC and military radar unit (MRU) facilities do not typically provide specific FIR services but may provide national airspace system-like services to aircraft transiting to and from the WA that are within a FIR. 8. MRTFB Facilities a. Scheduling of the MRTFB (1) Scheduling of the MRTFB must be based upon a priority system that gives equitable consideration to all DoD components, does not discriminate among DoD programs on the basis of DoD component sponsorship, and accommodates DoD acquisition program priorities. (2) Per DoD component guidance, commanders or directors of activities managing MRTFB facilities and ranges must make every effort to resolve conflicts between competing users. Scheduling conflicts among DoD users that cannot be resolved 3-19

53 through the MRTFB component chain of command may be referred by the DoD component(s) to the applicable test resource management center for further mediation. (3) Per DoD component guidance, commanders or directors of activities managing MRTFB facilities and ranges must establish guidelines for the use of MRTFB facilities and ranges by non-dod users. Such guidelines will provide scheduled access for non-dod users to the maximum extent feasible without compromising primary responsibility to DoD users. Commanders or directors are responsible for resolving scheduling conflicts involving all commercial and non-dod entities, and their decisions must be final. b. Use of the MRTFB by Commercial Entities. Section 2681 of Title 10, U.S.C., and reference (l) authorizes the use of MRTFB resources by commercial entities. (1) Per DoD component guidance, commanders or directors of activities managing MRTFB facilities and ranges are authorized to enter into contracts with commercial entities that desire to conduct commercial T&E at their MRTFB facility or range. (2) Per DoD component guidance, commanders or directors of activities managing MRTFB facilities and ranges must ensure that they are not competing with U.S. private industry in providing services to commercial entities. One method of satisfying this requirement is to require commercial users to certify that a commercial source for the desired goods or services does not exist. (3) Per DoD component guidance, commanders or directors of activities managing MRTFB facilities and ranges are authorized to terminate, prohibit, or suspend immediately any commercial test or evaluation event if the commander or director determines that the test or evaluation event is or would be detrimental to public health and safety, public or private property, or any national security interest of the United States. The commanders or directors must provide, in writing, such notification along with the rationale for termination to the commercial entity. 3-20

54 (4) Support to commercial space launch and reentry activities is authorized by section 5807 of Title 15, U.S.C., and sections through of reference (b). Commercial entities must be charged for use of the MRTFB for commercial space launch and reentry activities. (5) The MRTFB must provide a broad base of T&E capabilities sufficient to support the full spectrum of DoD T&E requirements, but must not be unnecessarily duplicated. (6) The MRTFB may be used by other DoD users (including DoD training users) and by users outside the DoD such as U.S. Government agencies, State and local governments, allied foreign governments, and commercial entities. (7) Use of the MRTFB by non-dod users must not increase the institutional costs to the DoD to operate the MRTFB. Note 3-9: NAVY MRTFB ACTIVITIES 1. Naval Air Warfare Center-Weapons Division, Point Mugu 2. Naval Air Warfare Center-Weapons Division, China Lake 3. Naval Air Warfare Center-Aircraft Division, Patuxent River 4. Atlantic Undersea Test and Evaluation Center 5. Pacific Missile Range Facility 6. Keyport Pacific Northwest Range Complex 3-1

55 CHAPTER 4 AIRSPACE PLANNING 1. Purpose a. This chapter outlines analysis and planning criteria for the designation, alteration, or revocation of DON airspace and other aviation control and support constructs. Grouping within this chapter differs from that of chapter 2 and is arranged according to the regulatory status and subsequent approval authority for DON SAA proposals. Note 4-1: Commanding officers must notify the cognizant NAVREP when any change in utilization of military airports and landing areas is intended and such change has the potential for affecting the use of airspace. b. Formal submission and processing requirements for both rulemaking and non-rulemaking airspace proposals to the FAA are codified in reference (c). The DON airspace proposal process within this construct is summarized beginning in paragraph 3. Note 4-2: Modification (expansion or reduction) of ATC airspace responsibility must not be executed without prior approval of OPNAV N98 via the appropriate chain of command. 2. DON Proposals to Designate, Alter, or Disestablish Airspace. The FAA recognizes that the military has a continuing requirement to conduct training operations as well as research and developmental testing activities within airspace as free from other nonparticipating aircraft as practicable. DON proposals are initiated within this paradigm and must be drafted in full consideration of each organization s requirements. a. Planning Guidelines (1) All requests for airspace, or a DON reclama to FAA airspace evaluations, must be developed using firm, factual, and self-supporting information. Written requests for airspace based solely on planning directives are not acceptable. 4-1

56 Individuals considering airspace proposals are encouraged to contact the appropriate RAC and NAVREP during initial planning and concept development process for guidance. Note 4-3: The formal FAA airspace proposal process may require in excess of 24 months depending upon proposed airspace location, complexity, and levels of controversy. DON planners should account for proposal processing within larger project timelines and training goals as applicable. (2) Meetings between DON airspace personnel and FAA ATREPs must be convened periodically at both the regional and facility levels to ensure: (a) recognition of changing military needs; (b) development of new procedures to improve efficiency and effectiveness of the present system; and (c) understanding of requirements by both FAA and DON are clear and concise. b. Airspace Requirements Generation. DON initiated designation, alteration, or revocation of airspace will be in response to emerging or diminishing operational requirements. Proponents must develop an analysis of airspace needs and alternatives for formal review and validation by designated senior commands. c. Airspace Requirements Validation (1) Generated requirements for airspace must be validated and endorsed by the operational chain of command prior to submission to the FAA via the appropriate RAC. For USN, the operational chain of command must include COMNAVAIRLANT or COMNAVAIRPAC (MRTFB submit through Naval Air Systems Command) and the appropriate fleet command. (2) COMNAVAIRLANT and COMNAVAIRPAC staff should keep the appropriate Navy regional command appraised of the ongoing initiatives as required. For USMC, coordination must be accomplished through the RAC of the USMC base and air station 4-2

57 affected, the appropriate Marine force command, and the USMC Airspace ORB WIPT. The airspace requirements validation flow is depicted in figures 4-3 through 4-5. d. Airspace Proposal Development Guidelines. Before submitting an SUA proposal to the FAA service area office, military proponents will coordinate, at a minimum, with locally affected ATC facilities and military units, local FAA representatives or liaison officers (where assigned), and the ARTCC with jurisdiction over the affected airspace. Airspace proposals developed from validated requirements must adhere to reference (c). 3. The Airspace Proposal Process a. Approval authorities. Approval authorities, as well as FAA processing of airspace and training route initiatives, vary according to the type of airspace proposed. Rulemaking proposals are formal regulatory actions which, if approved, will restrict public access within the national airspace system often through airspace segregation from civil aviation activities. b. Non-rulemaking. Non-rulemaking actions do not preclude public access but are intended to warn, contain, or otherwise identify DON aviation operations within a specific volume of airspace. Figure 4-1 delineates the rulemaking status and approval authority for airspace actions. See appendix E. Airspace Action Rule-making Approval Authority PA Yes FAA national headquarters RA Yes FAA national headquarters airport terminal airspace Yes FAA national headquarters TFR Yes FAA service area FAA national headquarters WA No FAA national headquarters MOA No FAA national headquarters AA No FAA national headquarters NSA No FAA national headquarters CFA No FAA service area IR No FAA service area ATCAA No Local FAA ATC facility ALTRV No Local FAA ATC or central altitude reservation function (CARF) VR No DON major or type command Figure 4-1 SAA Rulemaking Status and Approval Authorities 4-3

58 c. Pre-coordination. Informal airspace meetings and environmental POCs. d. Initiatives. All DON airspace initiatives for which the potential of environmental impact exists must undertake an environmental assessment. This effort will run concurrently with the overall FAA proposal review process and will be completed prior to the issuance of a decision. The FAA will act as cooperating agency in the environmental assessment and is responsible for that portion of the study pertaining to air traffic actions. e. Coordination. Initial coordination between DON planners and FAA personnel prior to submission of the airspace proposal will identify the POCs and cooperating agency requirements to facilitate effective handling of environmental matters throughout the overall process. For USN proponents, prior to the initial coordination, an internal USN meeting between the proponent; OPNAV N45; OPNAV Director, Shore Readiness (OPNAV N46); and OPNAV N98 will be conducted per reference (c). For USMC proponents, prior to the initial coordination, an internal USMC meeting between the proponent and the USMC Airspace ORB WIPT will be conducted per reference (c) and applicable USMC references. f. Proposal Submission: Rulemaking Proposals (1) All rulemaking proposals for PAs, RAs, or airport terminal airspace are processed through the FAA service areas to the national headquarters for approval. DON planners should be cognizant that initiatives requiring routing to this level may require longer processing times than those approved at lower agency echelons. 4-4

59 Figure 4-2 Post DON Staffing SAA Proposals (2) The formal process begins with the DON written proposal for airspace action. The signed rulemaking proposal must be delivered to the appropriate FAA service area by the NAVREP, via the RAC assigned to that organization. Following submission, FAA internal processing of the proposal is outlined in reference (c) and will generally include actions identified in subparagraphs 3f(2)(a) and 3f(2)(b). Note 4-4: Proposals may be submitted for coordination prior to completion of environmental documentation, however, proposals will be stopped at the applicable FAA service area office during review until environmental documentation is completed and added to the applicable section of the proposal. At this point the formal proposal will become complete. (a) FAA Service Area Actions 1. Assignment of a rulemaking docket number to serve as the formal Federal identification of the case file. 2. Review of DON proposal for content and compliance with reference (c). 3. Commissioning of an aeronautical study to evaluate effects on the national airspace system of the DON proposal. This review is required for all rulemaking actions, 4-5

60 unless the proposal is intended to reduce or revoke SAA, and is normally conducted by the same FAA local ATC facilities with which DON planners will interface during pre-coordination informal airspace meetings. 4. Coordination with other service area FAA offices and facilities to identify impacts or conflicts with existing programs and aviation operations. 5. DON proposal submission to FAA headquarters for public circularization via publication as an NPRM in the Federal Register. 6. Ongoing coordination with the DON proponent regarding public comments received on airspace utilization, public safety issues, or other identified concerns. 7. Ongoing coordination with the DON proponent regarding environmental review issues, aeronautical study results, or other areas of concern identified during processing. 8. Recommendation to FAA headquarters for approval of the DON proposal. Disapprovals are issued directly by the service area based upon valid aeronautical reasons, but are normally preceded by reasonable efforts to resolve problems prior to rejection. Note 4-5: Petitions to the FAA Administrator for review, extension, or revision of determinations issued by service area officials must be submitted to OPNAV N98 via the NAVREP office. (b) FAA Headquarters Actions 1. Publication of the DON proposal as a Notice of Proposed Rulemaking in the Federal Register that the FAA is considering the adoption of a rule relating to the designation, alteration, or revocation of airspace. Normally, 45 days are allowed for public submission of views and comments to the FAA. 2. Review of public comments received on airspace utilization, public safety issues, or other identified concerns. FAA will review all comments and respond accordingly. 4-6

61 3. Convening of public hearings (if required in controversial cases). 4. Review of service area recommendations, aeronautical study results, or other areas of concern identified during processing. 5. Verification of completion on all environmental assessment actions and review of final results. 6. Final decision on DON proposal. Approved actions are subsequently published as a notice of final rulemaking in the Federal Register. Disapproved actions are released to the service area NAVREP for return to the DON proponent. Note 4-6: Petitions to the FAA Administrator for reconsideration of an FAA headquarters administrative denial, returned via a service area or NAVREP, must be submitted to OPNAV N98 and HQMC AVN (APX) (if applicable) via chain of command, with a copy to the appropriate NAVREP office. g. Proposal Submission: Non-rulemaking Proposals. Processing and approval authorities for DON non-rulemaking proposals vary widely according to the type of action requested. Specific processes for each approval level and type of airspace requested are summarized in figure 4-2 and this chapter. (1) Proposals Requiring FAA National Headquarters Approval (a) DON requests for WAs, MOAs, AAs, and NSAs must be routed to the FAA national headquarters for approval and will follow a similar process to that of rulemaking proposals. The principal difference in non-rulemaking efforts of this type is that public notification and opportunities for comment are accomplished by the FAA service area rather than national headquarters via non-rulemaking circularization. (b) In this process, information regarding the DON proposal is distributed to regional aviation organizations, airport managers, flight schools, fixed base operators, air taxi 4-7

62 or charter companies, etc. for review and comment. Input from circularization, as well as aeronautical study results and environmental assessment information, are reviewed by the FAA service area and routed to the FAA national headquarters if approval is recommended. (c) FAA headquarters-approved DON proposals are ultimately published in the National Flight Data Digest to support further public notification and charting purposes. Figure 4-5 depicts the DON proposal process for non-rulemaking airspace actions requiring FAA national headquarters level approval. (2) Proposals Requiring FAA Service Area Approval. DON requests for CFAs and IRs will be routed for review and approval at the FAA service area. The internal DON process remains similar to that of previous rulemaking and non-rulemaking efforts; however, environmental assessment actions may generally be omitted unless specifically required by identification of potential environmental impacts within the subject case. Processing actions within the FAA service area may be similarly abridged with the omission of the aeronautical study and public circularization components if not specifically determined necessary by extenuating circumstances. (3) Proposals Requiring Local FAA ATC Facility Approval. DON requests for ATCAAs or ALTRVs are handled separately from the formal FAA SAA proposal method. (a) ATCAAs. Following DON requirements validation, ATCAAs are coordinated via LOA directly with the local FAA ATC facility having jurisdiction over a specified volume of airspace. Signatories to this agreement must include the respective FAA ATC facility manager, FAA ATREP, and an authorized representative of the DON originating and scheduling activity. LOA must contain at a minimum: 1. requested airspace volume in terms of lateral and vertical dimensions; 2. scheduling procedures and positive updating, to include requirement and time parameters for providing these updates to the schedule; 4-8

63 3. activation and deactivation procedures; and 4. activation and deactivation times. (b) ATCAA Procedures. ATCAA procedures and responsibilities for use are contained in reference (c). Figures 4-3 and 4-4 depict the USMC and USN process for coordination of ATCAA LOA. Note 4-7: Although coordinated via LOA, ATCAA information must also be included in a formal FAA SUA proposal if it is intended to support airspace contained in the proposal (i.e., ATCAA usage over a proposed MOA). This practice enables the FAA to evaluate the comprehensive aeronautical effect of the proposal. (c) ALTRVs. ALTRVs are locally coordinated constructs to support specific and temporary needs and do not necessitate formal DON requirements processing and validation. ALTRVs are authorized by the FAA s CARF located within the agency s system command center or, in localized cases where the DON evolution will take place within a single airspace jurisdiction, by the appropriate ARTCC. Requests for ALTRVs are generally processed as outlined in subparagraphs 3g(3)(c)1 through 3g(3)(c)6. 1. DON proponent assignment of a designated project officer to support ongoing FAA coordination throughout the ALTRV evolution. Note 4-8: An FAA computer-based indoctrination course designed to familiarize project officers with ALTRV procedures, mission planning considerations, and preparation of various messages used throughout the ALTRV process is available through the CARF. A compact disc with relevant information may be requested through CARF and will be mailed to the requesting facility. 2. Project officer submission of requested ALTRV approval request per reference (h) to the CARF or, in localized cases, appropriate ARTCC. 4-9

64 3. CARF or ARTCC review, approval, and assignment of an order of precedence of the DON mission to facilitate resolution of any conflicts. 4. CARF or ARTCC dissemination of approved ALTRV to appropriate ATC facilities as necessary. 5. CARF or ARTCC formulation and dissemination of ALTRV NOTAM(s). 6. Mission execution. Note 4-9: DON missions requiring extensive ALTRV ATC support must be coordinated with FAA headquarters, system operations security via the appropriate headquarters NAVREP. Note 4-10: Figures 4-2 through 4-5 depict the combined internal and external DON airspace proposal process. Airspace current or projected using agency determines which Service coordination process is used. It is emphasized this process does not follow a strictly linear progression and may encompass reachback and coordination among all entities at any time. 4-10

65 Figure 4-3 USMC Required Airspace Coordination 4-11