77.31—Scope.
(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.
Code of Federal Regulations
[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 FR 10843, July 31, 1968]
Code of Federal Regulations
Effective Date Note:
By Amdt. 77-13, 75 FR 42303, July 21, 2010, part 77 was revised, effective Jan. 18, 2011. For the convenience of the user, the revised text is set forth as follows:
PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE (Eff. 1-18-11)
§ 77.31
Determinations.
(a)
The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation, and will advise all known interested persons.
(b)
The FAA will make determinations based on the aeronautical study findings and will identify the following:
(1)
The effects on VFR/IFR aeronautical departure/arrival operations, air traffic procedures, minimum flight altitudes, and existing, planned, or proposed airports listed in § 77.15(e) of which the FAA has received actual notice prior to issuance of a final determination.
(2)
The extent of the physical and/or electromagnetic effect on the operation of existing or proposed air navigation facilities, communication aids, or surveillance systems.
(c)
The FAA will issue a Determination 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 aeronautical 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 aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following:
(1)
Conditional provisions of a determination.
(2)
Limitations necessary to minimize potential problems, such as the use of temporary construction equipment.
(3)
Supplemental notice requirements, when required.
(4)
Marking and lighting recommendations, as appropriate.
(e)
The FAA will issue a Determination of No Hazard to Air Navigation when a proposed structure does not exceed any of the obstruction standards and would not be a hazard to air navigation.