title-14-part-77-sec77-1

653

Federal Aviation Administration, DOT

§ 77.1

the FAA officials designated in para-
graph (a) of this section.

(Secs. 307 and 313(a), Federal Aviation Act of
1958 (49 U.S.C. 1348 and 1354(a)))

[Doc. No. 15379, 42 FR 54798, Oct. 11, 1977, as
amended by Amdt. 73–5, 54 FR 39292, Sept. 25,
1989; Amdt. 73–6, 58 FR 42001, Aug. 6, 1993;
Amdt. 73–8, 61 FR 26435, May 28, 1996; Amdt.
73–8, 63 FR 16890, Apr. 7, 1998; Docket No.
FAA–2022–1355, Amdt. No. 73–9, 87 FR 75845,
Dec. 9, 2022]

DITORIAL

OTE

: The restricted areas for-

merly carried as §§ 608.21 to 608.72 of this title
were transferred to part 73 as §§ 73.21 to 73.72
under subpart B but are not carried in the
Code of Federal Regulations. For F

EDERAL

EGISTER

citations affecting these restricted

areas, see the List of CFR Sections Affected,
which appears in the Finding Aids section of
the printed volume and at

www.govinfo.gov.

Subpart C—Prohibited Areas

§ 73.81

Applicability.

This subpart designates prohibited

areas and prescribes limitations on the
operation of aircraft therein.

§ 73.83

Restrictions.

No person may operate an aircraft

within a prohibited area unless author-
ization has been granted by the using
agency.

§ 73.85

Using agency.

For the purpose of this subpart, the

using agency is the agency, organiza-
tion or military command that estab-
lished the requirements for the prohib-
ited area.

DITORIAL

OTE

: Sections 73.87 through

73.99 are reserved for descriptions of des-
ignated prohibited areas. For F

EDERAL

ISTER

citations affecting these prohibited

areas, see the List of CFR Sections Affected,
which appears in the Finding Aids section of
the printed volume and at

www.govinfo.gov.

PART 75

[

RESERVED

]

PART 77—SAFE, EFFICIENT USE,

AND PRESERVATION OF THE
NAVIGABLE AIRSPACE

Subpart A—General

Sec.
77.1

Purpose.

77.3

Definitions.

Subpart B—Notice Requirements

77.5

Applicability.

77.7

Form and time of notice.

77.9

Construction or alteration requiring

notice.

77.11

Supplemental notice requirements.

Subpart C—Standards for Determining Ob-

structions to Air Navigation or Naviga-
tional Aids or Facilities

77.13

Applicability.

77.15

Scope.

77.17

Obstruction standards.

77.19

Civil airport imaginary surfaces.

77.21

Department of Defense (DOD) airport

imaginary surfaces.

77.23

Heliport imaginary surfaces.

Subpart D—Aeronautical Studies and

Determinations

77.25

Applicability.

77.27

Initiation of studies.

77.29

Evaluating aeronautical effect.

77.31

Determinations.

77.33

Effective period of determinations.

77.35

Extensions, terminations, revisions

and corrections.

Subpart E—Petitions for Discretionary

Review

77.37

General.

77.39

Contents of a petition.

77.41

Discretionary review results.

UTHORITY

: 49 U.S.C. 106 (g), 40103, 40113–

40114, 44502, 44701, 44718, 46101–46102, 46104.

OURCE

: Docket No. FAA–2006–25002, 75 FR

42303, July 21, 2010, unless otherwise noted.

Subpart A—General

§ 77.1

Purpose.

This part establishes:
(a) The requirements to provide no-

tice to the FAA of certain proposed
construction, or the alteration of exist-
ing structures;

(b) The standards used to determine

obstructions to air navigation, and
navigational and communication fa-
cilities;

ies of obstructions to air navigation or
navigational facilities to determine the
effect on the safe and efficient use of
navigable airspace, air navigation fa-
cilities or equipment; and

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654

14 CFR Ch. I (1–1–24 Edition)

§ 77.3

(d) The process to petition the FAA

for discretionary review of determina-
tions, revisions, and extensions of de-
terminations.

§ 77.3

Definitions.

For the purpose of this part:
Non-precision instrument runway

means a runway having an existing in-
strument approach procedure utilizing
air navigation facilities with only hori-
zontal guidance, or area type naviga-
tion equipment, for which a straight-in
non-precision instrument approach
procedure has been approved, or
planned, and for which no precision ap-
proach facilities are planned, or indi-
cated on an FAA planning document or
military service military airport plan-
ning document.

Planned or proposed airport is an air-

port that is the subject of at least one
of the following documents received by
the FAA:

(1) Airport proposals submitted under

14 CFR part 157.

(2) Airport Improvement Program re-

quests for aid.

(3) Notices of existing airports where

prior notice of the airport construction
or alteration was not provided as re-
quired by 14 CFR part 157.

(4) Airport layout plans.
(5) DOD proposals for airports used

only by the U.S. Armed Forces.

(6) DOD proposals on joint-use (civil-

military) airports.

(7) Completed airport site selection

feasibility study.

Precision instrument runway means a

runway having an existing instrument
approach procedure utilizing an Instru-
ment Landing System (ILS), or a Pre-
cision Approach Radar (PAR). It also
means a runway for which a precision
approach system is planned and is so
indicated by an FAA-approved airport
layout plan; a military service ap-
proved military airport layout plan;
any other FAA planning document, or
military service military airport plan-
ning document.

Public use airport is an airport avail-

able for use by the general public with-
out a requirement for prior approval of
the airport owner or operator.

Seaplane base is considered to be an

airport only if its sea lanes are out-
lined by visual markers.

Utility runway means a runway that

is constructed for and intended to be
used by propeller driven aircraft of
12,500 pounds maximum gross weight
and less.

Visual runway means a runway in-

tended solely for the operation of air-
craft using visual approach procedures,
with no straight-in instrument ap-
proach procedure and no instrument
designation indicated on an FAA-ap-
proved airport layout plan, a military
service approved military airport lay-
out plan, or by any planning document
submitted to the FAA by competent
authority.

Subpart B—Notice Requirements

§ 77.5

Applicability.

(a) If you propose any construction

or alteration described in § 77.9, you
must provide adequate notice to the
FAA of that construction or alteration.

(b) If requested by the FAA, you

must also file supplemental notice be-
fore the start date and upon comple-
tion of certain construction or alter-
ations that are described in § 77.9.

this subpart is used to:

(1) Evaluate the effect of the pro-

posed construction or alteration on
safety in air commerce and the effi-
cient use and preservation of the navi-
gable airspace and of airport traffic ca-
pacity at public use airports;

(2) Determine whether the effect of

proposed construction or alteration is
a hazard to air navigation;

(3) Determine appropriate marking

and lighting recommendations, using
FAA Advisory Circular 70/7460–1, Ob-
struction Marking and Lighting;

(4) Determine other appropriate

measures to be applied for continued
safety of air navigation; and

(5) Notify the aviation community of

the construction or alteration of ob-
jects that affect the navigable air-
space, including the revision of charts,
when necessary.

§ 77.7

Form and time of notice.

(a) If you are required to file notice

under § 77.9, you must submit to the
FAA a completed FAA Form 7460–1,
Notice of Proposed Construction or Al-
teration. FAA Form 7460–1 is available

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