Section 2. Authority and Order Use

1-2-1. POLICY

The navigable airspace is a limited national resource that Congress has charged the Federal Aviation Administration (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 shall be given to all airspace users, to include national defense; commercial and general aviation; and space operations. Accordingly, while a sincere effort shall be made to negotiate equitable solutions to conflicts over the use of the airspace for nonaviation purposes, preservation of the navigable airspace for aviation shall be the primary emphasis.

1-2-2. AUTHORITY AND APPLICABILITY

The authority for the procedures and associated rules and regulations addressed in this order are provided in 49 U.S.C. Subtitle VII, Aviation Programs, Part A - Air Commerce and Safety, and Part B - Airport Development and Noise:

a. Section 40101, Policy.

b. Section 40102, Definitions.

c. Section 40103, Sovereignty and Use of Airspace, and the Public Right of Transit.

d. Section 40106(a), Deviations From Regulations.

e. Section 40109, Authority to Exempt.

f. Section 40113, Administrative.

g. Section 44501(a), Long Range Plans and Policy Requirements.

h. Section 44502, General Facilities and Personnel Authority.

i. Section 44502(c), Military Construction, Rockets, and Missiles.

j. Section 44718, Structures Interfering with Air Commerce.

k. Section 44719, Standards for Navigational Aids.

l. Section 44720, Meteorological Services.

m. Section 44721, Aeronautical Maps and Charts.

n. Section 46104(e), Designating Employees to Conduct Hearings.

o. Section 46301, Civil Penalties.

p. Section 46308, Interference with Air Navigation.

q. Chapter 471, Airport Development - All of Subchapters I and II.

r. Chapter 475, Noise - All of Subchapters I and II.

1-2-3. TITLE 14 CODE OF FEDERAL REGULATIONS (CFR) REFERENCES

a. Part 11, General Rulemaking Procedures.

b. Part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points.

c. Part 73, Special Use Airspace.

d. Part 77, Objects Affecting Navigable Airspace.

e. Part 91, General Operating and Flight Rules.

f. Part 93, Special Air Traffic Rules.

g. Part 95, IFR Altitudes.

h. Part 97, Standard Instrument Approach Procedures.

i. Part 101, Moored Balloons, Kites, Unmanned Rockets and Unmanned Free Balloons.

j. Part 152, Airport Aid Program.

k. Part 157, Notice of Construction, Alteration, Activation, and Deactivation of Airports.

l. Chapter III, Commercial Space Transportation.

m. Chapter V, National Aeronautics and Space Administration.

1-2-4. FUNCTIONAL RESPONSIBILITIES

Functional responsibilities of headquarters and regional/service area organizations referred to in this order are detailed in Order 1100.1, FAA Organization  - Policies and Standards; Order 1100.2, Organization - FAA Headquarters; and Order 1100.5, FAA Organization - Field.

1-2-5. WORD USAGE

The concept of word usage and intended meaning as used in this order is set forth below:

a. "Shall" or a command verb is used when application is mandatory.

b. "Shall not" is used when an action is prohibited.

c. "Should" is used when application is recommended.

d. "May" and "need not" are used when application is optional.

e. "Will" is used only to indicate futurity, never to indicate any degree of requirement for application of a procedure.

f. "Navigable airspace" is airspace at or above the minimum altitudes of flight prescribed by the Code of Federal Regulations, and shall include airspace needed to ensure safety in the takeoff and landing of aircraft. By policy, the term "airspace above minimum altitudes of flight" is interpreted to mean "airspace at or above minimum flight altitudes."

g. "Controlled airspace" is a generic term used to describe Class A, Class B, Class C, Class D, and Class E airspace.

1-2-6. ABBREVIATIONS

As used in this manual, TBL 1-2-1 contains abbreviations found in this order and their meanings.

1-2-7. ORDER CHANGES

a. This order will be updated semiannually.

b. The responsibility associated with processing and coordinating revisions to this order is delegated to the Manager, Airspace and Rules.

c. Proposed changes or recommended revisions must be submitted, in writing, to Airspace and Rules. The proposal should include a description of the proposal, and the language to be inserted in the order.

d. When appropriate, Airspace and Rules may convene a workgroup for the purpose of reviewing, clarifying, editing, or revising recommendations received to revise this order. Composition of the workgroup will be determined by the subject matter, and the expertise required. Airspace and Rules is responsible for the selection of the members of the workgroup, and for appointing the chairperson of the group.

e. The workgroup shall study the proposal, and, when appropriate, provide their recommendation to the Obstruction Evaluation (OE) Executive Council no later than 90 days after the workgroup adjourns. The Executive Council shall consist of the directors of the service units and the service managers/directors of the lines of business within the FAA who have responsibility for administering the obstruction evaluation program.

f. The Executive Council shall approve, reject, revise, or return the recommendation to the workgroup for further study. If approved by the Executive Council, the recommendation shall be published and effective in the next revision of this order.

g. When revised, reprinted, or additional pages are issued, they will be marked as follows:

1. Each revised or added page will show the change number and effective date of the change.

2. Bold vertical lines in the margin of the text will mark the location of substantive procedural, operational, or policy changes (e.g., when material that affects the performance of duty is added, revised, or deleted).

TBL 1-2-1
FAA Order Abbreviations