title-14-part-77

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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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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Federal Aviation Administration, DOT

§ 77.9

at FAA regional offices and on the
Internet.

(b) You must submit this form at

least 45 days before the start date of
the proposed construction or alteration
or the date an application for a con-
struction permit is filed, whichever is
earliest.

teration that is also subject to the li-
censing requirements of the Federal
Communications Commission (FCC),
you must submit notice to the FAA on
or before the date that the application
is filed with the FCC.

(d) If you propose construction or al-

teration to an existing structure that
exceeds 2,000 ft. in height above ground
level (AGL), the FAA presumes it to be
a hazard to air navigation that results
in an inefficient use of airspace. You
must include details explaining both
why the proposal would not constitute
a hazard to air navigation and why it
would not cause an inefficient use of
airspace.

(e) The 45-day advance notice re-

quirement is waived if immediate con-
struction or alteration is required be-
cause of an emergency involving essen-
tial public services, public health, or
public safety. You may provide notice
to the FAA by any available, expedi-
tious means. You must file a completed
FAA Form 7460–1 within 5 days of the
initial notice to the FAA. Outside nor-
mal business hours, the nearest flight
service station will accept emergency
notices.

§ 77.9

Construction or alteration re-

quiring notice.

If requested by the FAA, or if you

propose any of the following types of
construction or alteration, you must
file notice with the FAA of:

(a) Any construction or alteration

that is more than 200 ft. AGL at its
site.

(b) Any construction or alteration

that exceeds an imaginary surface ex-
tending outward and upward at any of
the following slopes:

(1) 100 to 1 for a horizontal distance

of 20,000 ft. from the nearest point of
the nearest runway of each airport de-
scribed in paragraph (d) of this section
with its longest runway more than

3,200 ft. in actual length, excluding hel-
iports.

(2) 50 to 1 for a horizontal distance of

10,000 ft. from the nearest point of the
nearest runway of each airport de-
scribed in paragraph (d) of this section
with its longest runway no more than
3,200 ft. in actual length, excluding hel-
iports.

(3) 25 to 1 for a horizontal distance of

5,000 ft. from the nearest point of the
nearest landing and takeoff area of
each heliport described in paragraph
(d) of this section.

traverse way for mobile objects, of a
height which, if adjusted upward 17 feet
for an Interstate Highway that is part
of the National System of Military and
Interstate Highways where over-
crossings are designed for a minimum
of 17 feet vertical distance, 15 feet for
any other public roadway, 10 feet or
the height of the highest mobile object
that would normally traverse the road,
whichever is greater, for a private
road, 23 feet for a railroad, and for a
waterway or any other traverse way
not previously mentioned, an amount
equal to the height of the highest mo-
bile object that would normally tra-
verse it, would exceed a standard of
paragraph (a) or (b) of this section.

(d) Any construction or alteration on

any of the following airports and heli-
ports:

(1) A public use airport listed in the

Airport/Facility Directory, Alaska
Supplement, or Pacific Chart Supple-
ment of the U.S. Government Flight
Information Publications;

(2) A military airport under construc-

tion, or an airport under construction
that will be available for public use;

(3) An airport operated by a Federal

agency or the DOD.

(4) An airport or heliport with at

least one FAA-approved instrument ap-
proach procedure.

(e) You do not need to file notice for

construction or alteration of:

(1) Any object that will be shielded

by existing structures of a permanent
and substantial nature or by natural
terrain or topographic features of equal
or greater height, and will be located
in the congested area of a city, town,

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14 CFR Ch. I (1–1–24 Edition)

§ 77.11

or settlement where the shielded struc-
ture will not adversely affect safety in
air navigation;

(2) Any air navigation facility, air-

port visual approach or landing aid,
aircraft arresting device, or meteoro-
logical device meeting FAA-approved
siting criteria or an appropriate mili-
tary service siting criteria on military
airports, the location and height of
which are fixed by its functional pur-
pose;

(3) Any construction or alteration for

which notice is required by any other
FAA regulation.

(4) Any antenna structure of 20 feet

or less in height, except one that would
increase the height of another antenna
structure.

§ 77.11

Supplemental notice require-

ments.

(a) You must file supplemental no-

tice with the FAA when:

(1) The construction or alteration is

more than 200 feet in height AGL at its
site; or

(2) Requested by the FAA.
(b) You must file supplemental no-

tice on a prescribed FAA form to be re-
ceived within the time limits specified
in the FAA determination. If no time
limit has been specified, you must sub-
mit supplemental notice of construc-
tion to the FAA within 5 days after the
structure reaches its greatest height.

alteration proposal that requires sup-
plemental notice, you must submit no-
tice to the FAA within 5 days after the
project is abandoned.

(d) If the construction or alteration

is dismantled or destroyed, you must
submit notice to the FAA within 5 days
after the construction or alteration is
dismantled or destroyed.

Subpart C—Standards for Deter-

mining Obstructions to Air
Navigation or Navigational
Aids or Facilities

§ 77.13

Applicability.

This subpart describes the standards

used for determining obstructions to
air navigation, navigational aids, or
navigational facilities. These standards
apply to the following:

(a) Any object of natural growth, ter-

rain, or permanent or temporary con-
struction or alteration, including
equipment or materials used and any
permanent or temporary apparatus.

(b) The alteration of any permanent

or temporary existing structure by a
change in its height, including appur-
tenances, or lateral dimensions, includ-
ing equipment or material used there-
in.

§ 77.15

Scope.

(a) This subpart describes standards

used to determine obstructions to air
navigation that may affect the safe and
efficient use of navigable airspace and
the operation of planned or existing air
navigation and communication facili-
ties. Such facilities include air naviga-
tion aids, communication equipment,
airports, Federal airways, instrument
approach or departure procedures, and
approved off-airway routes.

(b) Objects that are considered ob-

structions under the standards de-
scribed in this subpart are presumed
hazards to air navigation unless fur-
ther aeronautical study concludes that
the object is not a hazard. Once further
aeronautical study has been initiated,
the FAA will use the standards in this
subpart, along with FAA policy and
guidance material, to determine if the
object is a hazard to air navigation.

ards with reference to an existing air-
port facility, and airport proposals re-
ceived by the FAA, or the appropriate
military service, before it issues a final
determination.

(d) For airports having defined run-

ways with specially prepared hard sur-
faces, the primary surface for each run-
way extends 200 feet beyond each end of
the runway. For airports having de-
fined strips or pathways used regularly
for aircraft takeoffs and landings, and
designated runways, without specially
prepared hard surfaces, each end of the
primary surface for each such runway
shall coincide with the corresponding
end of the runway. At airports, exclud-
ing seaplane bases, having a defined
landing and takeoff area with no de-
fined pathways for aircraft takeoffs
and landings, a determination must be
made as to which portions of the land-
ing and takeoff area are regularly used

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§ 77.19

as landing and takeoff pathways. Those
determined pathways must be consid-
ered runways, and an appropriate pri-
mary surface as defined in § 77.19 will
be considered as longitudinally cen-
tered on each such runway. Each end of
that primary surface must coincide
with the corresponding end of that run-
way.

(e) The standards in this subpart

apply to construction or alteration
proposals on an airport (including heli-
ports and seaplane bases with marked
lanes) if that airport is one of the fol-
lowing before the issuance of the final
determination:

(1) Available for public use and is

listed in the Airport/Facility Direc-
tory, Supplement Alaska, or Supple-
ment Pacific of the U.S. Government
Flight Information Publications; or

(2) A planned or proposed airport or

an airport under construction of which
the FAA has received actual notice, ex-
cept DOD airports, where there is a
clear indication the airport will be
available for public use; or,

(3) An airport operated by a Federal

agency or the DOD; or,

(4) An airport that has at least one

FAA-approved instrument approach.

§ 77.17

Obstruction standards.

(a) An existing object, including a

mobile object, is, and a future object
would be an obstruction to air naviga-
tion if it is of greater height than any
of the following heights or surfaces:

(1) A height of 499 feet AGL at the

site of the object.

(2) A height that is 200 feet AGL, or

above the established airport ele-
vation, whichever is higher, within 3
nautical miles of the established ref-
erence point of an airport, excluding
heliports, with its longest runway
more than 3,200 feet in actual length,
and that height increases in the pro-
portion of 100 feet for each additional
nautical mile from the airport up to a
maximum of 499 feet.

(3) A height within a terminal obsta-

cle clearance area, including an initial
approach segment, a departure area,
and a circling approach area, which
would result in the vertical distance
between any point on the object and an
established minimum instrument
flight altitude within that area or seg-

ment to be less than the required ob-
stacle clearance.

(4) A height within an en route obsta-

cle clearance area, including turn and
termination areas, of a Federal Airway
or approved off-airway route, that
would increase the minimum obstacle
clearance altitude.

(5) The surface of a takeoff and land-

ing area of an airport or any imaginary
surface established under § 77.19, 77.21,
or 77.23. However, no part of the take-
off or landing area itself will be consid-
ered an obstruction.

(b) Except for traverse ways on or

near an airport with an operative
ground traffic control service furnished
by an airport traffic control tower or
by the airport management and coordi-
nated with the air traffic control serv-
ice, the standards of paragraph (a) of
this section apply to traverse ways
used or to be used for the passage of
mobile objects only after the heights of
these traverse ways are increased by:

(1) 17 feet for an Interstate Highway

that is part of the National System of
Military and Interstate Highways
where overcrossings are designed for a
minimum of 17 feet vertical distance.

(2) 15 feet for any other public road-

way.

(3) 10 feet or the height of the highest

mobile object that would normally tra-
verse the road, whichever is greater,
for a private road.

(4) 23 feet for a railroad.
(5) For a waterway or any other tra-

verse way not previously mentioned,
an amount equal to the height of the
highest mobile object that would nor-
mally traverse it.

§ 77.19

Civil airport imaginary sur-

faces.

The following civil airport imaginary

surfaces are established with relation
to the airport and to each runway. The
size of each such imaginary surface is
based on the category of each runway
according to the type of approach
available or planned for that runway.
The slope and dimensions of the ap-
proach surface applied to each end of a
runway are determined by the most
precise approach procedure existing or
planned for that runway end.

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§ 77.19

(a)

Horizontal surface. A horizontal

plane 150 feet above the established air-
port elevation, the perimeter of which
is constructed by swinging arcs of a
specified radii from the center of each
end of the primary surface of each run-
way of each airport and connecting the
adjacent arcs by lines tangent to those
arcs. The radius of each arc is:

(1) 5,000 feet for all runways des-

ignated as utility or visual;

(2) 10,000 feet for all other runways.

The radius of the arc specified for each
end of a runway will have the same ar-
ithmetical value. That value will be
the highest determined for either end
of the runway. When a 5,000-foot arc is
encompassed by tangents connecting
two adjacent 10,000-foot arcs, the 5,000-
foot arc shall be disregarded on the
construction of the perimeter of the
horizontal surface.

(b)

Conical surface. A surface extend-

ing outward and upward from the pe-
riphery of the horizontal surface at a
slope of 20 to 1 for a horizontal distance
of 4,000 feet.

(c)

Primary surface. A surface longitu-

dinally centered on a runway. When
the runway has a specially prepared
hard surface, the primary surface ex-
tends 200 feet beyond each end of that
runway; but when the runway has no
specially prepared hard surface, the
primary surface ends at each end of
that runway. The elevation of any
point on the primary surface is the
same as the elevation of the nearest
point on the runway centerline. The
width of the primary surface is:

(1) 250 feet for utility runways having

only visual approaches.

(2) 500 feet for utility runways having

non-precision instrument approaches.

(3) For other than utility runways,

the width is:

(i) 500 feet for visual runways having

only visual approaches.

(ii) 500 feet for non-precision instru-

ment runways having visibility mini-
mums greater than three-fourths stat-
ute mile.

(iii) 1,000 feet for a non-precision in-

strument runway having a non-preci-
sion instrument approach with visi-
bility minimums as low as three-
fourths of a statute mile, and for preci-
sion instrument runways.

(iv) The width of the primary surface

of a runway will be that width pre-
scribed in this section for the most pre-
cise approach existing or planned for
either end of that runway.

(d)

Approach surface. A surface longi-

tudinally centered on the extended
runway centerline and extending out-
ward and upward from each end of the
primary surface. An approach surface
is applied to each end of each runway
based upon the type of approach avail-
able or planned for that runway end.

(1) The inner edge of the approach

surface is the same width as the pri-
mary surface and it expands uniformly
to a width of:

(i) 1,250 feet for that end of a utility

runway with only visual approaches;

(ii) 1,500 feet for that end of a runway

other than a utility runway with only
visual approaches;

(iii) 2,000 feet for that end of a utility

runway with a non-precision instru-
ment approach;

(iv) 3,500 feet for that end of a non-

precision instrument runway other
than utility, having visibility mini-
mums greater that three-fourths of a
statute mile;

(v) 4,000 feet for that end of a non-

precision instrument runway, other
than utility, having a non-precision in-
strument approach with visibility
minimums as low as three-fourths stat-
ute mile; and

(vi) 16,000 feet for precision instru-

ment runways.

(2) The approach surface extends for

a horizontal distance of:

(i) 5,000 feet at a slope of 20 to 1 for

all utility and visual runways;

(ii) 10,000 feet at a slope of 34 to 1 for

all non-precision instrument runways
other than utility; and

(iii) 10,000 feet at a slope of 50 to 1

with an additional 40,000 feet at a slope
of 40 to 1 for all precision instrument
runways.

(3) The outer width of an approach

surface to an end of a runway will be
that width prescribed in this sub-
section for the most precise approach
existing or planned for that runway
end.

(e)

Transitional surface. These sur-

faces extend outward and upward at
right angles to the runway centerline
and the runway centerline extended at

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§ 77.25

a slope of 7 to 1 from the sides of the
primary surface and from the sides of
the approach surfaces. Transitional
surfaces for those portions of the preci-
sion approach surface which project
through and beyond the limits of the
conical surface, extend a distance of
5,000 feet measured horizontally from
the edge of the approach surface and at
right angles to the runway centerline.

§ 77.21

Department of Defense (DOD)

airport imaginary surfaces.

(a)

Related to airport reference points.

These surfaces apply to all military
airports. For the purposes of this sec-
tion, a military airport is any airport
operated by the DOD.

(1)

Inner horizontal surface. A plane

that is oval in shape at a height of 150
feet above the established airfield ele-
vation. The plane is constructed by
scribing an arc with a radius of 7,500
feet about the centerline at the end of
each runway and interconnecting these
arcs with tangents.

(2)

Conical surface. A surface extend-

ing from the periphery of the inner
horizontal surface outward and upward
at a slope of 20 to 1 for a horizontal dis-
tance of 7,000 feet to a height of 500 feet
above the established airfield ele-
vation.

(3)

Outer horizontal surface. A plane,

located 500 feet above the established
airfield elevation, extending outward
from the outer periphery of the conical
surface for a horizontal distance of
30,000 feet.

(b)

Related to runways. These surfaces

apply to all military airports.

(1)

Primary surface. A surface located

on the ground or water longitudinally
centered on each runway with the same
length as the runway. The width of the
primary surface for runways is 2,000
feet. However, at established bases
where substantial construction has
taken place in accordance with a pre-
vious lateral clearance criteria, the
2,000-foot width may be reduced to the
former criteria.

(2)

Clear zone surface. A surface lo-

cated on the ground or water at each
end of the primary surface, with a
length of 1,000 feet and the same width
as the primary surface.

(3)

Approach clearance surface. An in-

clined plane, symmetrical about the

runway centerline extended, beginning
200 feet beyond each end of the primary
surface at the centerline elevation of
the runway end and extending for 50,000
feet. The slope of the approach clear-
ance surface is 50 to 1 along the runway
centerline extended until it reaches an
elevation of 500 feet above the estab-
lished airport elevation. It then con-
tinues horizontally at this elevation to
a point 50,000 feet from the point of be-
ginning. The width of this surface at
the runway end is the same as the pri-
mary surface, it flares uniformly, and
the width at 50,000 is 16,000 feet.

(4)

Transitional surfaces. These sur-

faces connect the primary surfaces, the
first 200 feet of the clear zone surfaces,
and the approach clearance surfaces to
the inner horizontal surface, conical
surface, outer horizontal surface or
other transitional surfaces. The slope
of the transitional surface is 7 to 1 out-
ward and upward at right angles to the
runway centerline.

§ 77.23

Heliport imaginary surfaces.

(a)

Primary surface. The area of the

primary surface coincides in size and
shape with the designated take-off and
landing area. This surface is a hori-
zontal plane at the elevation of the es-
tablished heliport elevation.

(b)

Approach surface. The approach

surface begins at each end of the heli-
port primary surface with the same
width as the primary surface, and ex-
tends outward and upward for a hori-
zontal distance of 4,000 feet where its
width is 500 feet. The slope of the ap-
proach surface is 8 to 1 for civil heli-
ports and 10 to 1 for military heliports.

(c)

Transitional surfaces. These sur-

faces extend outward and upward from
the lateral boundaries of the primary
surface and from the approach surfaces
at a slope of 2 to 1 for a distance of 250
feet measured horizontally from the
centerline of the primary and approach
surfaces.

Subpart D—Aeronautical Studies

and Determinations

§ 77.25

Applicability.

(a) This subpart applies to any aero-

nautical study of a proposed construc-
tion or alteration for which notice to
the FAA is required under § 77.9.

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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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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.

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.

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14 CFR Ch. I (1–1–24 Edition)

§ 77.39

Contents of a petition.

(a) You must file a petition for dis-

cretionary review in writing and it
must be received by the FAA within 30
days after the issuance of a determina-
tion under § 77.31, or a revision or ex-
tension of the determination under
§ 77.35.

(b) The petition must contain a full

statement of the aeronautical basis on
which the petition is made, and must
include new information or facts not
previously considered or presented dur-
ing the aeronautical study, including
valid aeronautical reasons why the de-
termination, revisions, or extension
made by the FAA should be reviewed.

the 30-day filing period falls on a week-
end or a day the Federal government is
closed, the last day of the filing period
is the next day that the government is
open.

(d) The FAA will inform the peti-

tioner or sponsor (if other than the pe-
titioner) and the FCC (whenever an

FCC-related proposal is involved) of
the filing of the petition and that the
determination is not final pending dis-
position of the petition.

§ 77.41

Discretionary review results.

(a) If discretionary review is granted,

the FAA will inform the petitioner and
the sponsor (if other than the peti-
tioner) of the issues to be studied and
reviewed. The review may include a re-
quest for comments and a review of all
records from the initial aeronautical
study.

(b) If discretionary review is denied,

the FAA will notify the petitioner and
the sponsor (if other than the peti-
tioner), and the FCC, whenever a FCC-
related proposal is involved, of the
basis for the denial along with a state-
ment that the determination is final.

tionary review process, the FAA will
revise, affirm, or reverse the deter-
mination.

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