Document
Federal Aviation Administration, DOT § 77.1 77.3 Definitions.
Supplementary reports must be sent to the FAA officials designated in para- Subpart B—Notice Requirements graph (a) of this section.
77.5 Applicability.
(Secs. 307 and 313(a), Federal Aviation Act of 77.7 Form and time of notice.
1958 (49 U.S.C. 1348 and 1354(a))) 77.9 Construction or alteration requiring [Docket 15379, 42 FR 54798, Oct. 11, 1977, as notice.
amended by Amdt. 73–5, 54 FR 39292, Sept. 25, 77.11 Supplemental notice requirements.
1989; Amdt. 73–6, 58 FR 42001, Aug. 6, 1993; Amdt. 73–8, 61 FR 26435, May 28, 1996; Amdt.
Subpart C—Standards for Determining Ob- 73–8, 63 FR 16890, Apr. 7, 1998; Docket FAA– structions to Air Navigation or Naviga- 2022–1355, Amdt. 73–9, 87 FR 75845, Dec. 9, tional Aids or Facilities 2022] E DITORIAL N OTE : The restricted areas for- 77.13 Applicability.
merly carried as §§ 608.21 to 608.72 of this title 77.15 Scope.
were transferred to part 73 as §§ 73.21 to 73.72 77.17 Obstruction standards.
under subpart B but are not carried in the 77.19 Civil airport imaginary surfaces.
Code of Federal Regulations. For F EDERAL 77.21 Department of Defense (DOD) airport R EGISTER citations affecting these restricted imaginary surfaces.
areas, see the List of CFR Sections Affected, 77.23 Heliport imaginary surfaces.
which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Subpart D—Aeronautical Studies and Determinations Subpart C—Prohibited Areas 77.25 Applicability.
77.27 Initiation of studies.
§ 73.81 Applicability.
77.29 Evaluating aeronautical effect.
This subpart designates prohibited 77.31 Determinations.
areas and prescribes limitations on the 77.33 Effective period of determinations.
operation of aircraft therein. 77.35 Extensions, terminations, revisions and corrections.
§ 73.83 Restrictions.
Subpart E—Petitions for Discretionary No person may operate an aircraft Review within a prohibited area unless author- ization has been granted by the using 77.37 General.
agency.
77.39 Contents of a petition.
77.41 Discretionary review results.
§ 73.85 Using agency.
A UTHORITY : 49 U.S.C. 106 (g), 40103, 40113– For the purpose of this subpart, the 40114, 44502, 44701, 44718, 46101–46102, 46104.
using agency is the agency, organiza- S OURCE : Docket FAA–2006–25002, 75 FR tion or military command that estab- 42303, July 21, 2010, unless otherwise noted.
lished the requirements for the prohib- ited area.
Subpart A—General E DITORIAL N OTE : Sections 73.87 through 73.99 are reserved for descriptions of des- § 77.1 Purpose.
ignated prohibited areas. For F EDERAL R EG - This part establishes: ISTER citations affecting these prohibited (a) The requirements to provide no- areas, see the List of CFR Sections Affected, which appears in the Finding Aids section of tice to the FAA of certain proposed the printed volume and at www.govinfo.gov.
construction, or the alteration of exist- ing structures; (b) The standards used to determine PART 75 [ RESERVED ] obstructions to air navigation, and navigational and communication fa- PART 77—SAFE, EFFICIENT USE, cilities; AND PRESERVATION OF THE (c) The process for aeronautical stud- NAVIGABLE AIRSPACE ies of obstructions to air navigation or navigational facilities to determine the Subpart A—General effect on the safe and efficient use of navigable airspace, air navigation fa- Sec.
77.1 Purpose. cilities or equipment; and 14 CFR Ch. I (1–1–25 Edition) § 77.3 (d) The process to petition the FAA Utility runway means a runway that for discretionary review of determina- is constructed for and intended to be tions, revisions, and extensions of de- used by propeller driven aircraft of terminations. 12,500 pounds maximum gross weight and less.
§ 77.3 Definitions.
Visual runway means a runway in- tended solely for the operation of air- For the purpose of this part: craft using visual approach procedures, Non-precision instrument runway with no straight-in instrument ap- means a runway having an existing in- proach procedure and no instrument strument approach procedure utilizing designation indicated on an FAA-ap- air navigation facilities with only hori- proved airport layout plan, a military zontal guidance, or area type naviga- service approved military airport lay- tion equipment, for which a straight-in out plan, or by any planning document non-precision instrument approach submitted to the FAA by competent procedure has been approved, or authority.
planned, and for which no precision ap- proach facilities are planned, or indi- Subpart B—Notice Requirements cated on an FAA planning document or military service military airport plan- § 77.5 Applicability.
ning document.
Planned or proposed airport is an air- (a) If you propose any construction port that is the subject of at least one or alteration described in § 77.9, you of the following documents received by must provide adequate notice to the the FAA: FAA of that construction or alteration.
(1) Airport proposals submitted under (b) If requested by the FAA, you 14 CFR part 157.
must also file supplemental notice be- (2) Airport Improvement Program re- fore the start date and upon comple- quests for aid.
tion of certain construction or alter- (3) Notices of existing airports where ations that are described in § 77.9.
prior notice of the airport construction (c) Notice received by the FAA under or alteration was not provided as re- this subpart is used to: quired by 14 CFR part 157. (1) Evaluate the effect of the pro- (4) Airport layout plans. posed construction or alteration on (5) DOD proposals for airports used safety in air commerce and the effi- only by the U.S. Armed Forces. cient use and preservation of the navi- (6) DOD proposals on joint-use (civil- gable airspace and of airport traffic ca- military) airports. pacity at public use airports; (7) Completed airport site selection (2) Determine whether the effect of feasibility study. proposed construction or alteration is Precision instrument runway means a a hazard to air navigation; runway having an existing instrument (3) Determine appropriate marking approach procedure utilizing an Instru- and lighting recommendations, using ment Landing System (ILS), or a Pre- FAA Advisory Circular 70/7460–1, Ob- cision Approach Radar (PAR). It also struction Marking and Lighting; means a runway for which a precision (4) Determine other appropriate approach system is planned and is so measures to be applied for continued indicated by an FAA-approved airport safety of air navigation; and (5) Notify the aviation community of layout plan; a military service ap- the construction or alteration of ob- proved military airport layout plan; jects that affect the navigable air- any other FAA planning document, or space, including the revision of charts, military service military airport plan- when necessary.
ning document.
Public use airport is an airport avail- § 77.7 Form and time of notice.
able for use by the general public with- out a requirement for prior approval of (a) If you are required to file notice the airport owner or operator. under § 77.9, you must submit to the Seaplane base is considered to be an FAA a completed FAA Form 7460–1, airport only if its sea lanes are out- Notice of Proposed Construction or Al- lined by visual markers. teration. FAA Form 7460–1 is available Federal Aviation Administration, DOT § 77.9 at FAA regional offices and on the 3,200 ft. in actual length, excluding hel- Internet. iports.
(b) You must submit this form at (2) 50 to 1 for a horizontal distance of least 45 days before the start date of 10,000 ft. from the nearest point of the the proposed construction or alteration nearest runway of each airport de- or the date an application for a con- scribed in paragraph (d) of this section struction permit is filed, whichever is with its longest runway no more than earliest.
3,200 ft. in actual length, excluding hel- (c) If you propose construction or al- iports.
teration that is also subject to the li- (3) 25 to 1 for a horizontal distance of censing requirements of the Federal 5,000 ft. from the nearest point of the Communications Commission (FCC), nearest landing and takeoff area of you must submit notice to the FAA on each heliport described in paragraph or before the date that the application (d) of this section.
is filed with the FCC.
(c) Any highway, railroad, or other (d) If you propose construction or al- traverse way for mobile objects, of a teration to an existing structure that height which, if adjusted upward 17 feet exceeds 2,000 ft. in height above ground for an Interstate Highway that is part level (AGL), the FAA presumes it to be of the National System of Military and a hazard to air navigation that results Interstate Highways where over- in an inefficient use of airspace. You crossings are designed for a minimum must include details explaining both of 17 feet vertical distance, 15 feet for why the proposal would not constitute any other public roadway, 10 feet or a hazard to air navigation and why it the height of the highest mobile object would not cause an inefficient use of that would normally traverse the road, airspace.
whichever is greater, for a private (e) The 45-day advance notice re- road, 23 feet for a railroad, and for a quirement is waived if immediate con- waterway or any other traverse way struction or alteration is required be- not previously mentioned, an amount cause of an emergency involving essen- equal to the height of the highest mo- tial public services, public health, or bile object that would normally tra- public safety. You may provide notice verse it, would exceed a standard of to the FAA by any available, expedi- paragraph (a) or (b) of this section.
tious means. You must file a completed (d) Any construction or alteration on FAA Form 7460–1 within 5 days of the any of the following airports and heli- initial notice to the FAA. Outside nor- ports: mal business hours, the nearest flight (1) A public use airport listed in the service station will accept emergency Airport/Facility Directory, Alaska notices.
Supplement, or Pacific Chart Supple- ment of the U.S. Government Flight § 77.9 Construction or alteration re- quiring notice. Information Publications; (2) A military airport under construc- If requested by the FAA, or if you tion, or an airport under construction propose any of the following types of that will be available for public use; construction or alteration, you must (3) An airport operated by a Federal file notice with the FAA of: agency or the DOD.
(a) Any construction or alteration (4) An airport or heliport with at that is more than 200 ft. AGL at its least one FAA-approved instrument ap- site.
proach procedure.
(b) Any construction or alteration (e) You do not need to file notice for that exceeds an imaginary surface ex- construction or alteration of: tending outward and upward at any of the following slopes: (1) Any object that will be shielded by existing structures of a permanent (1) 100 to 1 for a horizontal distance and substantial nature or by natural of 20,000 ft. from the nearest point of the nearest runway of each airport de- terrain or topographic features of equal scribed in paragraph (d) of this section or greater height, and will be located with its longest runway more than in the congested area of a city, town, 14 CFR Ch. I (1–1–25 Edition) § 77.11 or settlement where the shielded struc- (a) Any object of natural growth, ter- ture will not adversely affect safety in rain, or permanent or temporary con- air navigation; struction or alteration, including (2) Any air navigation facility, air- equipment or materials used and any port visual approach or landing aid, permanent or temporary apparatus.
aircraft arresting device, or meteoro- (b) The alteration of any permanent logical device meeting FAA-approved or temporary existing structure by a siting criteria or an appropriate mili- change in its height, including appur- tary service siting criteria on military tenances, or lateral dimensions, includ- airports, the location and height of ing equipment or material used there- which are fixed by its functional pur- in.
pose; § 77.15 Scope.
(3) Any construction or alteration for (a) This subpart describes standards which notice is required by any other used to determine obstructions to air FAA regulation.
navigation that may affect the safe and (4) Any antenna structure of 20 feet efficient use of navigable airspace and or less in height, except one that would the operation of planned or existing air increase the height of another antenna navigation and communication facili- structure.
ties. Such facilities include air naviga- § 77.11 Supplemental notice require- tion aids, communication equipment, ments.
airports, Federal airways, instrument approach or departure procedures, and (a) You must file supplemental no- approved off-airway routes.
tice with the FAA when: (b) Objects that are considered ob- (1) The construction or alteration is structions under the standards de- more than 200 feet in height AGL at its scribed in this subpart are presumed site; or hazards to air navigation unless fur- (2) Requested by the FAA.
ther aeronautical study concludes that (b) You must file supplemental no- the object is not a hazard. Once further tice on a prescribed FAA form to be re- aeronautical study has been initiated, ceived within the time limits specified the FAA will use the standards in this in the FAA determination. If no time subpart, along with FAA policy and limit has been specified, you must sub- guidance material, to determine if the mit supplemental notice of construc- object is a hazard to air navigation.
tion to the FAA within 5 days after the (c) The FAA will apply these stand- structure reaches its greatest height.
ards with reference to an existing air- (c) If you abandon a construction or port facility, and airport proposals re- alteration proposal that requires sup- ceived by the FAA, or the appropriate plemental notice, you must submit no- military service, before it issues a final tice to the FAA within 5 days after the determination.
project is abandoned.
(d) For airports having defined run- (d) If the construction or alteration ways with specially prepared hard sur- is dismantled or destroyed, you must faces, the primary surface for each run- submit notice to the FAA within 5 days way extends 200 feet beyond each end of after the construction or alteration is the runway. For airports having de- dismantled or destroyed.
fined strips or pathways used regularly for aircraft takeoffs and landings, and Subpart C—Standards for Deter- designated runways, without specially mining Obstructions to Air prepared hard surfaces, each end of the Navigation or Navigational primary surface for each such runway Aids or Facilities shall coincide with the corresponding end of the runway. At airports, exclud- § 77.13 Applicability.
ing seaplane bases, having a defined This subpart describes the standards landing and takeoff area with no de- used for determining obstructions to fined pathways for aircraft takeoffs air navigation, navigational aids, or and landings, a determination must be navigational facilities. These standards made as to which portions of the land- apply to the following: ing and takeoff area are regularly used Federal Aviation Administration, DOT § 77.19 as landing and takeoff pathways. Those ment to be less than the required ob- determined pathways must be consid- stacle clearance.
ered runways, and an appropriate pri- (4) A height within an en route obsta- mary surface as defined in § 77.19 will cle clearance area, including turn and be considered as longitudinally cen- termination areas, of a Federal Airway tered on each such runway. Each end of or approved off-airway route, that that primary surface must coincide would increase the minimum obstacle with the corresponding end of that run- clearance altitude.
way.
(5) The surface of a takeoff and land- (e) The standards in this subpart ing area of an airport or any imaginary apply to construction or alteration surface established under § 77.19, 77.21, proposals on an airport (including heli- or 77.23. However, no part of the take- ports and seaplane bases with marked off or landing area itself will be consid- lanes) if that airport is one of the fol- ered an obstruction.
lowing before the issuance of the final (b) Except for traverse ways on or determination: near an airport with an operative (1) Available for public use and is ground traffic control service furnished listed in the Airport/Facility Direc- by an airport traffic control tower or tory, Supplement Alaska, or Supple- by the airport management and coordi- ment Pacific of the U.S. Government nated with the air traffic control serv- Flight Information Publications; or ice, the standards of paragraph (a) of (2) A planned or proposed airport or this section apply to traverse ways an airport under construction of which used or to be used for the passage of the FAA has received actual notice, ex- mobile objects only after the heights of cept DOD airports, where there is a these traverse ways are increased by: clear indication the airport will be (1) 17 feet for an Interstate Highway available for public use; or, (3) An airport operated by a Federal that is part of the National System of agency or the DOD; or, Military and Interstate Highways (4) An airport that has at least one where overcrossings are designed for a FAA-approved instrument approach.
minimum of 17 feet vertical distance.
(2) 15 feet for any other public road- § 77.17 Obstruction standards.
way.
(a) An existing object, including a (3) 10 feet or the height of the highest mobile object, is, and a future object mobile object that would normally tra- would be an obstruction to air naviga- verse the road, whichever is greater, tion if it is of greater height than any for a private road.
of the following heights or surfaces: (4) 23 feet for a railroad.
(1) A height of 499 feet AGL at the (5) For a waterway or any other tra- site of the object.
verse way not previously mentioned, (2) A height that is 200 feet AGL, or an amount equal to the height of the above the established airport ele- highest mobile object that would nor- vation, whichever is higher, within 3 mally traverse it.
nautical miles of the established ref- erence point of an airport, excluding § 77.19 Civil airport imaginary sur- heliports, with its longest runway faces.
more than 3,200 feet in actual length, The following civil airport imaginary and that height increases in the pro- surfaces are established with relation portion of 100 feet for each additional to the airport and to each runway. The nautical mile from the airport up to a size of each such imaginary surface is maximum of 499 feet.
based on the category of each runway (3) A height within a terminal obsta- according to the type of approach cle clearance area, including an initial available or planned for that runway.
approach segment, a departure area, The slope and dimensions of the ap- and a circling approach area, which proach surface applied to each end of a would result in the vertical distance between any point on the object and an runway are determined by the most established minimum instrument precise approach procedure existing or flight altitude within that area or seg- planned for that runway end.
14 CFR Ch. I (1–1–25 Edition) § 77.19 (a) Horizontal surface. A horizontal (iv) The width of the primary surface plane 150 feet above the established air- of a runway will be that width pre- port elevation, the perimeter of which scribed in this section for the most pre- is constructed by swinging arcs of a cise approach existing or planned for specified radii from the center of each either end of that runway.
(d) Approach surface. A surface longi- end of the primary surface of each run- tudinally centered on the extended way of each airport and connecting the runway centerline and extending out- adjacent arcs by lines tangent to those ward and upward from each end of the arcs. The radius of each arc is: primary surface. An approach surface (1) 5,000 feet for all runways des- is applied to each end of each runway ignated as utility or visual; based upon the type of approach avail- (2) 10,000 feet for all other runways.
able or planned for that runway end.
The radius of the arc specified for each (1) The inner edge of the approach end of a runway will have the same ar- surface is the same width as the pri- ithmetical value. That value will be mary surface and it expands uniformly the highest determined for either end to a width of: of the runway. When a 5,000-foot arc is (i) 1,250 feet for that end of a utility encompassed by tangents connecting runway with only visual approaches; two adjacent 10,000-foot arcs, the 5,000- (ii) 1,500 feet for that end of a runway foot arc shall be disregarded on the other than a utility runway with only construction of the perimeter of the visual approaches; horizontal surface.
(iii) 2,000 feet for that end of a utility (b) Conical surface. A surface extend- runway with a non-precision instru- ing outward and upward from the pe- ment approach; riphery of the horizontal surface at a (iv) 3,500 feet for that end of a non- slope of 20 to 1 for a horizontal distance precision instrument runway other of 4,000 feet.
than utility, having visibility mini- (c) Primary surface. A surface longitu- mums greater that three-fourths of a dinally centered on a runway. When statute mile; the runway has a specially prepared (v) 4,000 feet for that end of a non- hard surface, the primary surface ex- precision instrument runway, other tends 200 feet beyond each end of that than utility, having a non-precision in- runway; but when the runway has no strument approach with visibility specially prepared hard surface, the minimums as low as three-fourths stat- primary surface ends at each end of ute mile; and that runway. The elevation of any (vi) 16,000 feet for precision instru- point on the primary surface is the ment runways.
same as the elevation of the nearest (2) The approach surface extends for point on the runway centerline. The a horizontal distance of: width of the primary surface is: (i) 5,000 feet at a slope of 20 to 1 for (1) 250 feet for utility runways having all utility and visual runways; only visual approaches.
(ii) 10,000 feet at a slope of 34 to 1 for (2) 500 feet for utility runways having all non-precision instrument runways non-precision instrument approaches.
other than utility; and (3) For other than utility runways, (iii) 10,000 feet at a slope of 50 to 1 the width is: with an additional 40,000 feet at a slope (i) 500 feet for visual runways having of 40 to 1 for all precision instrument only visual approaches.
runways.
(ii) 500 feet for non-precision instru- (3) The outer width of an approach ment runways having visibility mini- surface to an end of a runway will be mums greater than three-fourths stat- that width prescribed in this sub- ute mile.
section for the most precise approach (iii) 1,000 feet for a non-precision in- existing or planned for that runway strument runway having a non-preci- end.
sion instrument approach with visi- (e) Transitional surface. These sur- bility minimums as low as three- faces extend outward and upward at fourths of a statute mile, and for preci- right angles to the runway centerline sion instrument runways. and the runway centerline extended at Federal Aviation Administration, DOT § 77.25 a slope of 7 to 1 from the sides of the runway centerline extended, beginning primary surface and from the sides of 200 feet beyond each end of the primary the approach surfaces. Transitional surface at the centerline elevation of surfaces for those portions of the preci- the runway end and extending for 50,000 sion approach surface which project feet. The slope of the approach clear- ance surface is 50 to 1 along the runway through and beyond the limits of the centerline extended until it reaches an conical surface, extend a distance of elevation of 500 feet above the estab- 5,000 feet measured horizontally from lished airport elevation. It then con- the edge of the approach surface and at tinues horizontally at this elevation to right angles to the runway centerline.
a point 50,000 feet from the point of be- § 77.21 Department of Defense (DOD) ginning. The width of this surface at airport imaginary surfaces.
the runway end is the same as the pri- mary surface, it flares uniformly, and (a) Related to airport reference points.
the width at 50,000 is 16,000 feet.
These surfaces apply to all military (4) Transitional surfaces. These sur- airports. For the purposes of this sec- faces connect the primary surfaces, the tion, a military airport is any airport first 200 feet of the clear zone surfaces, operated by the DOD.
and the approach clearance surfaces to (1) Inner horizontal surface. A plane the inner horizontal surface, conical that is oval in shape at a height of 150 surface, outer horizontal surface or feet above the established airfield ele- other transitional surfaces. The slope vation. The plane is constructed by of the transitional surface is 7 to 1 out- scribing an arc with a radius of 7,500 ward and upward at right angles to the feet about the centerline at the end of runway centerline.
each runway and interconnecting these arcs with tangents.
§ 77.23 Heliport imaginary surfaces.
(2) Conical surface. A surface extend- (a) Primary surface. The area of the ing from the periphery of the inner primary surface coincides in size and horizontal surface outward and upward shape with the designated take-off and at a slope of 20 to 1 for a horizontal dis- landing area. This surface is a hori- tance of 7,000 feet to a height of 500 feet zontal plane at the elevation of the es- above the established airfield ele- tablished heliport elevation.
vation.
(b) Approach surface. The approach (3) Outer horizontal surface. A plane, surface begins at each end of the heli- located 500 feet above the established port primary surface with the same airfield elevation, extending outward width as the primary surface, and ex- from the outer periphery of the conical tends outward and upward for a hori- surface for a horizontal distance of zontal distance of 4,000 feet where its 30,000 feet.
width is 500 feet. The slope of the ap- (b) Related to runways. These surfaces proach surface is 8 to 1 for civil heli- apply to all military airports.
ports and 10 to 1 for military heliports.
(1) Primary surface. A surface located (c) Transitional surfaces. These sur- on the ground or water longitudinally faces extend outward and upward from centered on each runway with the same the lateral boundaries of the primary length as the runway. The width of the surface and from the approach surfaces primary surface for runways is 2,000 at a slope of 2 to 1 for a distance of 250 feet. However, at established bases feet measured horizontally from the where substantial construction has centerline of the primary and approach taken place in accordance with a pre- surfaces.
vious lateral clearance criteria, the 2,000-foot width may be reduced to the Subpart D—Aeronautical Studies former criteria.
and Determinations (2) Clear zone surface. A surface lo- cated on the ground or water at each § 77.25 Applicability.
end of the primary surface, with a length of 1,000 feet and the same width (a) This subpart applies to any aero- as the primary surface. nautical study of a proposed construc- (3) Approach clearance surface. An in- tion or alteration for which notice to clined plane, symmetrical about the the FAA is required under § 77.9.
14 CFR Ch. I (1–1–25 Edition) § 77.27 (b) The purpose of an aeronautical sight visibility, and physical or elec- study is to determine whether the tromagnetic effects on air navigation, aeronautical effects of the specific pro- communication facilities, and other posal and, where appropriate, the cu- surveillance systems; mulative impact resulting from the (7) The aeronautical effects resulting proposed construction or alteration from the cumulative impact of a pro- when combined with the effects of posed construction or alteration of a other existing or proposed structures, structure when combined with the ef- would constitute a hazard to air navi- fects of other existing or proposed gation.
structures.
(c) The obstruction standards in sub- (b) If you withdraw the proposed con- part C of this part are supplemented by struction or alteration or revise it so other manuals and directives used in that it is no longer identified as an ob- determining the effect on the navigable struction, or if no further aeronautical airspace of a proposed construction or study is necessary, the FAA may ter- alteration. When the FAA needs addi- minate the study.
tional information, it may circulate a study to interested parties for com- § 77.31 Determinations.
ment.
(a) The FAA will issue a determina- tion stating whether the proposed con- § 77.27 Initiation of studies.
struction or alteration would be a haz- The FAA will conduct an aero- ard to air navigation, and will advise nautical study when: all known interested persons.
(a) Requested by the sponsor of any (b) The FAA will make determina- proposed construction or alteration for tions based on the aeronautical study which a notice is submitted; or findings and will identify the fol- (b) The FAA determines a study is lowing: necessary.
(1) The effects on VFR/IFR aero- nautical departure/arrival operations, § 77.29 Evaluating aeronautical effect.
air traffic procedures, minimum flight (a) The FAA conducts an aero- altitudes, and existing, planned, or pro- nautical study to determine the impact posed airports listed in § 77.15(e) of of a proposed structure, an existing which the FAA has received actual no- structure that has not yet been studied tice prior to issuance of a final deter- by the FAA, or an alteration of an ex- mination.
isting structure on aeronautical oper- (2) The extent of the physical and/or ations, procedures, and the safety of electromagnetic effect on the oper- flight. These studies include evalu- ation of existing or proposed air navi- ating: gation facilities, communication aids, (1) The impact on arrival, departure, or surveillance systems.
and en route procedures for aircraft op- (c) The FAA will issue a Determina- erating under visual flight rules; tion of Hazard to Air Navigation when (2) The impact on arrival, departure, the aeronautical study concludes that and en route procedures for aircraft op- the proposed construction or alteration erating under instrument flight rules; will exceed an obstruction standard (3) The impact on existing and and would have a substantial aero- planned public use airports; nautical impact.
(4) Airport traffic capacity of exist- (d) A Determination of No Hazard to ing public use airports and public use Air Navigation will be issued when the airport development plans received be- aeronautical study concludes that the fore the issuance of the final deter- proposed construction or alteration mination; will exceed an obstruction standard but (5) Minimum obstacle clearance alti- would not have a substantial aero- tudes, minimum instrument flight nautical impact to air navigation. A rules altitudes, approved or planned in- Determination of No Hazard to Air strument approach procedures, and de- Navigation may include the following: parture procedures; (6) The potential effect on ATC radar, (1) Conditional provisions of a deter- direction finders, ATC tower line-of- mination.
Federal Aviation Administration, DOT § 77.37 (2) Limitations necessary to mini- the Determination of No Hazard to Air mize potential problems, such as the Navigation.
use of temporary construction equip- (b) A Determination of No Hazard to ment. Air Navigation issued for those con- (3) Supplemental notice require- struction or alteration proposals not ments, when required. requiring an FCC construction permit (4) Marking and lighting rec- may be extended by the FAA one time ommendations, as appropriate. for a period not to exceed 18 months.
(e) The FAA will issue a Determina- (c) A Determination of No Hazard to tion of No Hazard to Air Navigation Air Navigation issued for a proposal re- when a proposed structure does not ex- quiring an FCC construction permit ceed any of the obstruction standards may be granted extensions for up to 18 and would not be a hazard to air navi- months, provided that: gation.
(1) You submit evidence that an ap- plication for a construction permit/li- § 77.33 Effective period of determina- cense was filed with the FCC for the as- tions.
sociated site within 6 months of (a) The effective date of a determina- issuance of the determination; and tion not subject to discretionary re- (2) You submit evidence that addi- view under 77.37(b) is the date of tional time is warranted because of issuance. The effective date of all other FCC requirements; and determinations for a proposed or exist- (3) Where the FCC issues a construc- ing structure is 40 days from the date tion permit, a final Determination of of issuance, provided a valid petition No Hazard to Air Navigation is effec- for review has not been received by the tive until the date prescribed by the FAA. If a valid petition for review is FCC for completion of the construc- filed, the determination will not be- tion. If an extension of the original come final, pending disposition of the FCC completion date is needed, an ex- petition.
tension of the FAA determination (b) Unless extended, revised, or ter- must be requested from the Obstruc- minated, each Determination of No tion Evaluation Service (OES).
Hazard to Air Navigation issued under (4) If the Commission refuses to issue this subpart expires 18 months after a construction permit, the final deter- the effective date of the determination, mination expires on the date of its re- or on the date the proposed construc- fusal.
tion or alteration is abandoned, which- ever is earlier.
Subpart E—Petitions for (c) A Determination of Hazard to Air Discretionary Review Navigation has no expiration date.
[Docket FAA–2006–25002, 75 FR 42303, July 21, § 77.37 General.
2010, as amended by Amdt. 77–13–A, 76 FR (a) If you are the sponsor, provided a 2802, Jan. 18, 2011] substantive aeronautical comment on a § 77.35 Extensions, terminations, revi- proposal in an aeronautical study, or sions and corrections.
have a substantive aeronautical com- ment on the proposal but were not (a) You may petition the FAA official given an opportunity to state it, you that issued the Determination of No may petition the FAA for a discre- Hazard to Air Navigation to revise or tionary review of a determination, re- reconsider the determination based on vision, or extension of a determination new facts or to extend the effective pe- issued by the FAA.
riod of the determination, provided that: (b) You may not file a petition for (1) Actual structural work of the pro- discretionary review for a Determina- posed construction or alteration, such tion of No Hazard that is issued for a as the laying of a foundation, but not temporary structure, marking and including excavation, has not been lighting recommendation, or when a started; and proposed structure or alteration does (2) The petition is submitted at least not exceed obstruction standards con- 15 days before the expiration date of tained in subpart C of this part.
14 CFR Ch. I (1–1–25 Edition) § 77.39 FCC-related proposal is involved) of § 77.39 Contents of a petition.
the filing of the petition and that the (a) You must file a petition for dis- determination is not final pending dis- cretionary review in writing and it position of the petition.
must be received by the FAA within 30 days after the issuance of a determina- § 77.41 Discretionary review results.
tion under § 77.31, or a revision or ex- tension of the determination under (a) If discretionary review is granted, § 77.35.
the FAA will inform the petitioner and (b) The petition must contain a full the sponsor (if other than the peti- statement of the aeronautical basis on tioner) of the issues to be studied and which the petition is made, and must reviewed. The review may include a re- include new information or facts not quest for comments and a review of all previously considered or presented dur- records from the initial aeronautical ing the aeronautical study, including study.
valid aeronautical reasons why the de- (b) If discretionary review is denied, termination, revisions, or extension the FAA will notify the petitioner and made by the FAA should be reviewed.
the sponsor (if other than the peti- (c) In the event that the last day of tioner), and the FCC, whenever a FCC- the 30-day filing period falls on a week- related proposal is involved, of the end or a day the Federal government is basis for the denial along with a state- closed, the last day of the filing period ment that the determination is final.
is the next day that the government is (c) After concluding the discre- open.
(d) The FAA will inform the peti- tionary review process, the FAA will tioner or sponsor (if other than the pe- revise, affirm, or reverse the deter- titioner) and the FCC (whenever an mination.