Federal Aviation Administration, DOT

Section 77.35

sight visibility, and physical or electromagnetic effects on air navigation,
communication facilities, and other
surveillance systems;
(7) The aeronautical effects resulting
from the cumulative impact of a proposed construction or alteration of a
structure when combined with the effects of other existing or proposed
structures.
(b) If you withdraw the proposed construction or alteration or revise it so
that it is no longer identified as an obstruction, or if no further aeronautical
study is necessary, the FAA may terminate the study.

kpayne on VMOFRWIN702 with $$_JOB

Section 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 Section 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.
Section 77.33 Effective period of determinations.
(a) The effective date of a determination not subject to discretionary review under 77.37(b) is the date of
issuance. The effective date of all other
determinations for a proposed or existing 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 become final, pending disposition of the
petition.
(b) Unless extended, revised, or terminated, 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 construction or alteration is abandoned, whichever is earlier.
(c) A Determination of Hazard to Air
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]

Section 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

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