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Federal Aviation Administration, DOT

§ 77.35

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.

(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

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