title-14-part-77-sec77-31

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14 CFR Ch. I (1–1–24 Edition)

§ 77.27

(b) The purpose of an aeronautical

study is to determine whether the
aeronautical effects of the specific pro-
posal and, where appropriate, the cu-
mulative impact resulting from the
proposed construction or alteration
when combined with the effects of
other existing or proposed structures,
would constitute a hazard to air navi-
gation.

part C of this part are supplemented by
other manuals and directives used in
determining the effect on the navigable
airspace of a proposed construction or
alteration. When the FAA needs addi-
tional information, it may circulate a
study to interested parties for com-
ment.

§ 77.27

Initiation of studies.

The FAA will conduct an aero-

nautical study when:

(a) Requested by the sponsor of any

proposed construction or alteration for
which a notice is submitted; or

(b) The FAA determines a study is

necessary.

§ 77.29

Evaluating aeronautical effect.

(a) The FAA conducts an aero-

nautical study to determine the impact
of a proposed structure, an existing
structure that has not yet been studied
by the FAA, or an alteration of an ex-
isting structure on aeronautical oper-
ations, procedures, and the safety of
flight. These studies include evalu-
ating:

(1) The impact on arrival, departure,

and en route procedures for aircraft op-
erating under visual flight rules;

(2) The impact on arrival, departure,

and en route procedures for aircraft op-
erating under instrument flight rules;

(3) The impact on existing and

planned public use airports;

(4) Airport traffic capacity of exist-

ing public use airports and public use
airport development plans received be-
fore the issuance of the final deter-
mination;

(5) Minimum obstacle clearance alti-

tudes, minimum instrument flight
rules altitudes, approved or planned in-
strument approach procedures, and de-
parture procedures;

(6) The potential effect on ATC radar,

direction finders, ATC tower line-of-

sight visibility, and physical or elec-
tromagnetic effects on air navigation,
communication facilities, and other
surveillance systems;

(7) The aeronautical effects resulting

from the cumulative impact of a pro-
posed construction or alteration of a
structure when combined with the ef-
fects of other existing or proposed
structures.

(b) If you withdraw the proposed con-

struction or alteration or revise it so
that it is no longer identified as an ob-
struction, or if no further aeronautical
study is necessary, the FAA may ter-
minate the study.

§ 77.31

Determinations.

(a) The FAA will issue a determina-

tion stating whether the proposed con-
struction or alteration would be a haz-
ard to air navigation, and will advise
all known interested persons.

(b) The FAA will make determina-

tions based on the aeronautical study
findings and will identify the fol-
lowing:

(1) The effects on VFR/IFR aero-

nautical departure/arrival operations,
air traffic procedures, minimum flight
altitudes, and existing, planned, or pro-
posed airports listed in § 77.15(e) of
which the FAA has received actual no-
tice prior to issuance of a final deter-
mination.

(2) The extent of the physical and/or

electromagnetic effect on the oper-
ation of existing or proposed air navi-
gation facilities, communication aids,
or surveillance systems.

tion of Hazard to Air Navigation when
the aeronautical study concludes that
the proposed construction or alteration
will exceed an obstruction standard
and would have a substantial aero-
nautical impact.

(d) A Determination of No Hazard to

Air Navigation will be issued when the
aeronautical study concludes that the
proposed construction or alteration
will exceed an obstruction standard but
would not have a substantial aero-
nautical impact to air navigation. A
Determination of No Hazard to Air
Navigation may include the following:

(1) Conditional provisions of a deter-

mination.

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§ 77.37

(2) Limitations necessary to mini-

mize potential problems, such as the
use of temporary construction equip-
ment.

(3) Supplemental notice require-

ments, when required.

(4) Marking and lighting rec-

ommendations, as appropriate.

(e) The FAA will issue a Determina-

tion of No Hazard to Air Navigation
when a proposed structure does not ex-
ceed any of the obstruction standards
and would not be a hazard to air navi-
gation.

§ 77.33

Effective period of determina-

tions.

(a) The effective date of a determina-

tion not subject to discretionary re-
view under 77.37(b) is the date of
issuance. The effective date of all other
determinations for a proposed or exist-
ing structure is 40 days from the date
of issuance, provided a valid petition
for review has not been received by the
FAA. If a valid petition for review is
filed, the determination will not be-
come final, pending disposition of the
petition.

(b) Unless extended, revised, or ter-

minated, each Determination of No
Hazard to Air Navigation issued under
this subpart expires 18 months after
the effective date of the determination,
or on the date the proposed construc-
tion or alteration is abandoned, which-
ever is earlier.

Navigation has no expiration date.

[Doc. No. FAA–2006–25002, 75 FR 42303, July
21, 2010, as amended by Amdt. 77–13–A, 76 FR
2802, Jan. 18, 2011]

§ 77.35

Extensions, terminations, revi-

sions and corrections.

(a) You may petition the FAA official

that issued the Determination of No
Hazard to Air Navigation to revise or
reconsider the determination based on
new facts or to extend the effective pe-
riod of the determination, provided
that:

(1) Actual structural work of the pro-

posed construction or alteration, such
as the laying of a foundation, but not
including excavation, has not been
started; and

(2) The petition is submitted at least

15 days before the expiration date of

the Determination of No Hazard to Air
Navigation.

(b) A Determination of No Hazard to

Air Navigation issued for those con-
struction or alteration proposals not
requiring an FCC construction permit
may be extended by the FAA one time
for a period not to exceed 18 months.

Air Navigation issued for a proposal re-
quiring an FCC construction permit
may be granted extensions for up to 18
months, provided that:

(1) You submit evidence that an ap-

plication for a construction permit/li-
cense was filed with the FCC for the as-
sociated site within 6 months of
issuance of the determination; and

(2) You submit evidence that addi-

tional time is warranted because of
FCC requirements; and

(3) Where the FCC issues a construc-

tion permit, a final Determination of
No Hazard to Air Navigation is effec-
tive until the date prescribed by the
FCC for completion of the construc-
tion. If an extension of the original
FCC completion date is needed, an ex-
tension of the FAA determination
must be requested from the Obstruc-
tion Evaluation Service (OES).

(4) If the Commission refuses to issue

a construction permit, the final deter-
mination expires on the date of its re-
fusal.

Subpart E—Petitions for

Discretionary Review

§ 77.37

General.

(a) If you are the sponsor, provided a

substantive aeronautical comment on a
proposal in an aeronautical study, or
have a substantive aeronautical com-
ment on the proposal but were not
given an opportunity to state it, you
may petition the FAA for a discre-
tionary review of a determination, re-
vision, or extension of a determination
issued by the FAA.

(b) You may not file a petition for

discretionary review for a Determina-
tion of No Hazard that is issued for a
temporary structure, marking and
lighting recommendation, or when a
proposed structure or alteration does
not exceed obstruction standards con-
tained in subpart C of this part.