661
Federal Aviation Administration, DOT
§ 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.
(c) A Determination of Hazard to Air
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.
(c) A Determination of No Hazard to
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.
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