14 C.F.R. Subpart D—Aeronautical Studies of Effect of Proposed Construction on Navigable Airspace
Title 14 - Aeronautics and Space
(a) This subpart applies to the conduct of aeronautical studies of the effect of proposed construction or alteration on the use of air navigation facilities or navigable airspace by aircraft. In the aeronautical studies, present and future IFR and VFR aeronautical operations and procedures are reviewed and any possible changes in those operations and procedures and in the construction proposal that would eliminate or alleviate the conflicting demands are ascertained. (b) The conclusion of a study made under this subpart is normally a determination as to whether the specific proposal studied would be a hazard to air navigation. [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77–6, 33 FR 10843, July 31, 1968] (a) An aeronautical study is conducted by the FAA: (1) Upon the request of the sponsor or any construction or alteration for which a notice is submitted under subpart B of this part, unless that construction or alteration would be located within an antenna farm area established under subpart F of this part; or (2) Whenever the FAA determines it appropriate. [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77–4, 32 FR 12997, Sept. 13, 1967] (a) The Regional Manager, Air Traffic Division of the region in which the proposed construction or alteration would be located, or his designee, conducts the aeronautical study of the effect of the proposal upon the operation of air navigation facilities and the safe and efficient utilization of the navigable airspace. This study may include the physical and electromagnetic radiation effect the proposal may have on the operation of an air navigation facility. (b) To the extent considered necessary, the Regional Manager, Air Traffic Division or his designee: (1) Solicits comments from all interested persons; (2) Explores objections to the proposal and attempts to develop recommendations for adjustment of aviation requirements that would accommodate the proposed construction or alteration; (3) Examines possible revisions of the proposal that would eliminate the exceeding of the standards in subpart C of this part; and (4) Convenes a meeting with all interested persons for the purpose of gathering all facts relevant to the effect of the proposed construction or alteration on the safe and efficient utilization of the navigable airspace. (c) The Regional Manager, Air Traffic Division or his designee issues a determination as to whether the proposed construction or alteration would be a hazard to air navigation and sends copies to all known interested persons. This determination is final unless a petition for review is granted under §77.37. (d) If the sponsor revises his proposal to eliminate exceeding of the standards of subpart C of this part, or withdraws it, the Regional Manager, Air Traffic Division, or his designee, terminates the study and notifies all known interested persons. [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77–6, 33 FR 10843, July 31, 1968; Amdt. 77–11, 54 FR 39292, Sept. 25, 1989] (a) The sponsor of any proposed construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to state it, may petition the Administrator, within 30 days after issuance of the determination under §77.19 or §77.35 or revision or extension of the determination under §77.39(c), for a review of the determination, revision, or extension. This paragraph does not apply to any acknowledgment issued under §77.19(c)(1). (b) The petition must be in triplicate and contain a full statement of the basis upon which it is made. (c) The Administrator examines each petition and decides whether a review will be made and, if so, whether it will be: (1) A review on the basis of written materials, including study of a report by the Regional Manager, Air Traffic Division of the aeronautical study, briefs, and related submissions by any interested party, and other relevant facts, with the Administrator affirming, revising, or reversing the determination issued under §77.19, §77.35 or §77.39(c); or (2) A review on the basis of a public hearing, conducted in accordance with the procedures prescribed in subpart E of this part. [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77–3, 32 FR 6970, May 6, 1967; Amdt. 77–11, 54 FR 39292, Sept. 25, 1989] (a) Unless it is otherwise extended, revised, or terminated, each final determination of no hazard made under this subpart or subpart B or E of this part expires 18 months after its effective date, regardless of whether the proposed construction or alteration has been started, or on the date the proposed construction or alteration is abandoned, whichever is earlier. (b) In any case, including a determination to which paragraph (d) of this section applies, where the proposed construction or alteration has not been started during the applicable period by actual structural work, such as the laying of a foundation, but not including excavation, any interested person may, at least 15 days before the date the final determination expires, petition the FAA official who issued the determination to: (1) Revise the determination based on new facts that change the basis on which it was made; or (2) Extend its effective period. (c) The FAA official who issued the determination reviews each petition presented under paragraph (b) of this section, and revises, extends, or affirms the determination as indicated by his findings. (d) In any case in which a final determination made under this subpart or subpart B or E of this part relates to proposed construction or alteration that may not be started unless the Federal Communications Commission issues an appropriate construction permit, the effective period of each final determination includes— (1) The time required to apply to the Commission for a construction permit, but not more than 6 months after the effective date of the determination; and (2) The time necessary for the Commission to process the application except in a case where the Administrator determines a shorter effective period is required by the circumstances. (e) If the Commission issues a construction permit, the final determination is effective until the date prescribed for completion of the construction. If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal. [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77–5, 33 FR 5257, Apr. 2, 1968]
Title 14: Aeronautics and Space
PART 77—OBJECTS AFFECTING NAVIGABLE AIRSPACE
Subpart D—Aeronautical Studies of Effect of Proposed Construction on Navigable Airspace
§ 77.31 Scope.
§ 77.33 Initiation of studies.
§ 77.35 Aeronautical studies.
§ 77.37 Discretionary review.
§ 77.39 Effective period of determination of no hazard.
