CFR > Title 14 - Aeronautics and Space > CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > SUBCHAPTER E—AIRSPACE (parts 71 to 77) > PART 77—OBJECTS AFFECTING NAVIGABLE AIRSPACE (Eff. until 1-18-11) > SUBPART D—Aeronautical Studies of Effect of Proposed Construction on Navigable Airspace (§77.31 to §77.29) > 77.35—Aeronautical studies.

77.35—Aeronautical studies.

(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.

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; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]

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) § 77.35 Extensions, terminations, revisions 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 period of the determination, provided that: (1) Actual structural work of the proposed 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 construction or alteration proposals not requiring an FCC
Code of Federal Regulations 577
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 requiring an FCC construction permit may be granted extensions for up to 18 months, provided that: (1) You submit evidence that an application for a construction permit/license was filed with the FCC for the associated site within 6 months of issuance of the determination; and (2) You submit evidence that additional time is warranted because of FCC requirements; and (3) Where the FCC issues a construction permit, a final Determination of No Hazard to Air Navigation is effective until the date prescribed by the FCC for completion of the construction. If an extension of the original FCC completion date is needed, an extension of the FAA determination must be requested from the Obstruction Evaluation Service (OES). (4) If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal.