CFR 14 - PART 77--OBJECTS AFFECTING NAVIGABLE AIRSPACE

  Subpart A--General

  Sec.
  77.1 Scope.  
  77.2 Definition of terms.  
  77.3 Standards.  
  77.5 Kinds of objects affected.

  Subpart B--Notice of Construction or  Alteration

  77.11 Scope.  
  77.13 Construction or alteration requiring notice.  
  77.15 Construction or alteration not requiring notice.  
  77.17 Form and time of notice.  
  77.19 Acknowledgment of notice.

  Subpart C--Obstruction Standards

  77.21 Scope.  
  77.23 Standards for determining obstructions.  
  77.25 Civil airport imaginary surfaces.
  77.27 [Reserved]  
  77.28 Military airport imaginary surfaces.
  77.29 Airport imaginary surfaces for heliports.

  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.

  Subpart E--Rules of Practice for Hearings Under Subpart Dtower lighting

  77.41 Scope.
  77.43 Nature of hearing.  
  77.45 Presiding officer.
  77.47 Legal officer.
  77.49 Notice of hearing.
  77.51 Parties to the hearing.
  77.53 Prehearing conference.
  77.55 Examination of witnesses.
  77.57 Evidence.
  77.59 Subpoenas of witnesses and exhibits.
  77.61 Revision of construction or alteration proposal.
  77.63 Record of hearing.
  77.65 Recommendations by parties.
  77.67 Final decision of the Administrator.
  77.69 Limitations on appearance and representation.

  Subpart F--Establishment of Antenna Farm  Areas

  77.71 Scope.
  77.73 General provisions.
  77.75 Establishment of antenna farm areas.

  Authority: 49 U.S.C. 106(g), 40103, 40113- 40114, 44502, 44701, 44718,
  46101-46102, 46104.

  Source: Docket No. 1882, 30 FR 1839, Feb. 10, 1965, unless otherwise noted.


  Subpart A--General
  Sec. 77.1   Scope.

    This part:
    (a) Establishes standards for determining obstructions in navigable airspace;
    (b) Sets forth the requirements for notice to the Administrator of certain
    proposed construction or alteration;
    (c) Provides for aeronautical studies of obstructions to air navigation, to
    determine their effect on the safe and efficient use of airspace;
    (d) Provides for public hearings on the hazardous effect of proposed
    construction or alteration on air navigation; and
    (e) Provides for establishing antenna farm areas.

  Sec. 77.2   Definition of terms.

    For the purpose of this part:
    "Airport available for public use" means an airport that is open to the
    general public with or without a prior request to use the airport.
    "A seaplane base" is considered to be an airport only if its sea lanes are
    outlined by visual markers.
    "Nonprecision instrument runway" means a runway having an existing
    instrument approach procedure utilizing air navigation facilities with only
    horizontal guidance, or area type navigation equipment, for which a straight-
    in nonprecision instrument approach procedure has been approved, or planned,
    and for which no precision approach facilities are planned, or indicated on
    an FAA planning document or military service military airport planning
    document.
    "Precision instrument runway" means a runway having an existing instrument
    approach procedure utilizing an Instrument Landing System (ILS), or a
    Precision Approach Radar (PAR). It also means a runway for which a precision
    approach system is planned and is so indicated by an FAA approved airport
    layout plan; a military service approved military airport layout plan; any
    other FAA planning document, or military service military airport planning
    document.
    "Utility runway" means a runway that is constructed for and intended to be
    used by propeller driven aircraft of 12,500 pounds maximum gross weight and
    less.
    "Visual runway" means a runway intended solely for the operation of
    aircraft using visual approach procedures, with no straight-in instrument
    approach procedure and no instrument designation indicated on an FAA approved
    airport layout plan, a military service approved military airport layout
    plan, or by any planning document submitted to the FAA by competent
    authority.

    [Amdt. 77-5, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 FR 5969,
    Apr. 1, 1971]

  Sec. 77.3   Standards.

    (a) The standards established in this part for determining obstructions to
    air navigation are used by the Administrator in:
       (1) Administering the Federal-aid Airport Program and the Surplus Airport
       Program;
       (2) Transferring property of the United States under section 16 of the
       Federal Airport Act;
       (3) Developing technical standards and guidance in the design and
       construction of airports; and
       (4) Imposing requirements for public notice of the construction or
       alteration of any structure where notice will promote air safety.
    (b) The standards used by the Administrator in the establishment of flight
    procedures and aircraft operational limitations are not set forth in this
    part but are contained in other publications of the Administrator.

    [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 FR
    5970, Apr. 1, 1971]

  Sec. 77.5   Kinds of objects affected.

    This part applies to:
    (a) Any object of natural growth, terrain, or permanent or temporary
    construction or alteration, including equipment or materials used therein,
    and apparatus of a permanent or temporary character; and
    (b) Alteration of any permanent or temporary existing structure by a change
    in its height (including appurtenances), or lateral dimensions, including
    equipment or materials used therein.

  Subpart B--Notice of Construction or Alteration

  Sec. 77.11   Scope.

    (a) This subpart requires each person proposing any kind of construction or
    alteration described in Sec. 77.13(a) to give adequate notice to the
    Administrator. It specifies the locations and dimensions of the construction
    or alteration for which notice is required and prescribes the form and manner
    of the notice. It also requires supplemental notices 48 hours before the
    start and upon the completion of certain construction or alteration that was
    the subject of a notice under Sec. 77.13(a).
    (b) Notices received under this subpart provide a basis for:
         (1) Evaluating the effect of the construction or alteration on operational
         procedures and proposed operational procedures;
         (2) Determinations of the possible hazardous effect of the proposed
         construction or alteration on air navigation;
         (3) Recommendations for identifying the construction or alteration in
         accordance with the current Federal Aviation Administration Advisory Circular
         AC 70/7460-1 entitled "Obstruction Marking and Lighting," which is available
         without charge from the Department of Transportation, Distribution Unit, TAD
         484.3, Washington, D.C. 20590.
         (4) Determining other appropriate measures to be applied for continued
         safety of air navigation; and
         (5) Charting and other notification to airmen of the construction or
         alteration.

         (Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

         [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-8, 33 FR
         18614, Dec. 17, 1968; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]

  Sec. 77.13   Construction or alteration requiring notice.

    (a) Except as provided in Sec. 77.15, each sponsor who proposes any of the
    following construction or alteration shall notify the Administrator in the
    form and manner prescribed in Sec. 77.17:
        (1) Any construction or alteration of more than 200 feet in height above
        the ground level at its site.
        (2) Any construction or alteration of greater height than an imaginary
        surface extending outward and upward at one of the following slopes:
            (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest
            point of the nearest runway of each airport specified in paragraph (a)(5) of
            this section with at least one runway more than 3,200 feet in actual length,
           excluding heliports.
           (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest
           point of the nearest runway of each airport specified in paragraph (a)(5) of
           this section with its longest runway no more than 3,200 feet in actual
           length, excluding heliports.
           (iii) 25 to 1 for a horizontal distance of 5,000 feet from the nearest
           point of the nearest landing and takeoff area of each heliport specified in
           paragraph (a)(5) of this section.
       (3) Any highway, railroad, or other traverse way for mobile objects, of a
       height which, if adjusted upward 17 feet for an Interstate Highway that is
       part of the National System of Military and Interstate Highways where
       overcrossings are designed for a minimum of 17 feet vertical distance, 15
       feet for any other public roadway, 10 feet or the height of the highest
       mobile object that would normally traverse the road, whichever is greater,
       for a private road, 23 feet for a railroad, and for a waterway or any other
       traverse way not previously mentioned, an amount equal to the height of the
       highest mobile object that would normally traverse it, would exceed a
       standard of paragraph (a) (1) or (2) of this section.
       (4) When requested by the FAA, any construction or alteration that would be
       in an instrument approach area (defined in the FAA standards governing
       instrument approach procedures) and available information indicates it might
       exceed a standard of Subpart C of this part.
       (5) Any construction or alteration on any of the following airports
       (including heliports):
        (i) An airport that is available for public use and is listed in the
        Airport Directory of the current Airman's Information Manual or in either the
        Alaska or Pacific Airman's Guide and Chart Supplement.
        (ii) An airport under construction, that is the subject of a notice or
        proposal on file with the Federal Aviation Administration, and, except for
        military airports, it is clearly indicated that that airport will be
        available for public use.
        (iii) An airport that is operated by an armed force of the United States.
    (b) Each sponsor who proposes construction or alteration that is the
    subject of a notice under paragraph (a) of this section and is advised by an
    FAA regional office that a supplemental notice is required shall submit that
    notice on a prescribed form to be received by the FAA regional office at
    least 48 hours before the start of the construction or alteration.
    (c) Each sponsor who undertakes construction or alteration that is the
    subject of a notice under paragraph (a) of this section shall, within 5 days
    after that construction or alteration reaches its greatest height, submit a
    supplemental notice on a prescribed form to the FAA regional office having
    jurisdiction over the region involved, if--
       (1) The construction or alteration is more than 200 feet above the surface
       level of its site; or
       (2) An FAA regional office advises him that submission of the form is
       required.

       [Amdt. 77-5, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 FR 5970,
       Apr. 1, 1971; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]

  Sec. 77.15   Construction or alteration not requiring notice.

    No person is required to notify the Administrator for any of the following
    construction or alteration:
    (a) Any object that would be shielded by existing structures of a permanent
    and substantial character or by natural terrain or topographic features of
    equal or greater height, and would be located in the congested area of a
    city, town, or settlement where it is evident beyond all reasonable doubt
    that the structure so shielded will not adversely affect safety in air
    navigation.
    (b) Any antenna structure of 20 feet or less in height except one that
    would increase the height of another antenna structure.
    (c) Any air navigation facility, airport visual approach or landing aid,
    aircraft arresting device, or meteorological device, of a type approved by
    the Administrator, or an appropriate military service on military airports,
    the location and height of which is fixed by its functional purpose.
    (d) Any construction or alteration for which notice is required by any
    other FAA regulation.

    [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 FR
    5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]

  Sec. 77.17   Form and time of notice.

    (a) Each person who is required to notify the Administrator under Sec.
    77.13(a) shall send one executed form set (four copies) of FAA Form 7460-1,
    Notice of Proposed Construction or Alteration, to the Manager, Air Traffic
    Division, FAA Regional Office having jurisdiction over the area within which
    the construction or alteration will be located. Copies of FAA Form 7460-1 may
    be obtained from the headquarters of the Federal Aviation Administration and
    the regional offices.
    (b) The notice required under Sec. 77.13(a) (1) through (4) must be
    submitted at least 30 days before the earlier of the following dates:
       (1) The date the proposed construction or alteration is to begin.
       (2) The date an application for a construction permit is to be filed.

       However, a notice relating to proposed construction or alteration that is
       subject to the licensing requirements of the Federal Communications Act may
       be sent to FAA at the same time the application for construction is filed
       with the Federal Communications Commission, or at any time before that
       filing.
    (c) A proposed structure or an alteration to an existing structure that
    exceeds 2,000 feet in height above the ground will be presumed to be a hazard
    to air navigation and to result in an inefficient utilization of airspace and
    the applicant has the burden of overcoming that presumption. Each notice
    submitted under the pertinent provisions of this Part 77 proposing a
    structure in excess of 2,000 feet above ground, or an alteration that will
    make an existing structure exceed that height, must contain a detailed
    showing, directed to meeting this burden. Only in exceptional cases, where
    the FAA concludes that a clear and compelling showing has been made that it
    would not result in an inefficient utilization of the airspace and would not
    result in a hazard to air navigation, will a determination of no hazard be
    issued.
    (d) In the case of an emergency involving essential public services, public
    health, or public safety that requires immediate construction or alteration,
    the 30-day requirement in paragraph (b) of this section does not apply and
    the notice may be sent by telephone, telegraph, or other expeditious means,
    with an executed FAA Form 7460-1 submitted within 5 days thereafter. Outside
    normal business hours, emergency notices by telephone or telegraph may be
    submitted to the nearest FAA Flight Service Station.
    (e) Each person who is required to notify the Administrator by paragraph
    (b) or (c) of Sec. 77.13, or both, shall send an executed copy of FAA Form
    117-1, Notice of Progress of Construction or Alteration, to the Manager, Air
    Traffic Division, FAA Regional Office having jurisdiction over the area
    involved.

    (Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

    [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-2, 31 FR
    9449, July 12, 1966; Amdt. 77-8, 33 FR 18614, Dec. 17, 1968; Amdt. 77-10, 37
    FR 4705, Mar. 4, 1972; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]

  Sec. 77.19   Acknowledgment of notice.

    (a) The FAA acknowledges in writing the receipt of each notice submitted
    under Sec. 77.13(a).
    (b) If the construction or alteration proposed in a notice is one for which
    lighting or marking standards are prescribed in the FAA Advisory Circular AC
    70/7460-1, entitled "Obstruction Marking and Lighting," the acknowledgment
    contains a statement to that effect and information on how the structure
    should be marked and lighted in accordance with the manual.
    (c) The acknowledgment states that an aeronautical study of the proposed
    construction or alteration has resulted in a determination that the
    construction or alteration:
       (1) Would not exceed any standard of Subpart C and would not be a hazard to
       air navigation;
       (2) Would exceed a standard of Subpart C but would not be a hazard to air
       navigation; or
       (3) Would exceed a standard of Subpart C and further aeronautical study is
       necessary to determine whether it would be a hazard to air navigation, that
       the sponsor may request within 30 days that further study, and that, pending
       completion of any further study, it is presumed the construction or
       alteration would be a hazard to air navigation.

       [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4, 32 FR
       12997, Sept. 13, 1967; Amdt. 77-5, 33 FR 5257, Apr. 2, 1968]

  Subpart C--Obstruction Standards
  Sec. 77.21   Scope.

    (a) This subpart establishes standards for determining obstructions to air
    navigation. It applies to existing and proposed manmade objects, objects of
    natural growth, and terrain. The standards apply to the use of navigable
    airspace by aircraft and to existing air navigation facilities, such as an
    air navigation aid, airport, Federal airway, instrument approach or departure
    procedure, or approved off-airway route. Additionally, they apply to a
    planned facility or use, or a change in an existing facility or use, if a
    proposal therefor is on file with the Federal Aviation Administration or an
    appropriate military service on the date the notice required by Sec. 77.13(a)
    is filed.
    (b) At those airports having defined runways with specially prepared hard
    surfaces, the primary surface for each such runway extends 200 feet beyond
    each end of the runway. At those airports having defined strips or pathways
    that are used regularly for the taking off and landing of aircraft and have
    been designated by appropriate authority as runways, but do not have
    specially prepared hard surfaces, each end of the primary surface for each
    such runway shall coincide with the corresponding end of the runway. At those
    airports, excluding seaplane bases, having a defined landing and takeoff area
    with no defined pathways for the landing and taking off of aircraft, a
    determination shall be made as to which portions of the landing and takeoff
    area are regularly used as landing and takeoff pathways. Those pathways so
    determined shall be considered runways and an appropriate primary surface as
    defined in Sec. 77.25(c) will be considered as being longitudinally centered
    on each runway so determined, and each end of that primary surface shall
    coincide with the corresponding end of that runway.
    (c) The standards in this subpart apply to the effect of construction or
    alteration proposals upon an airport if, at the time of filing of the notice
    required by Sec. 77.13(a), that airport is--
       (1) Available for public use and is listed in the Airport Directory of the
       current Airman's Information Manual or in either the Alaska or Pacific
      Airman's Guide and Chart Supplement; or
      (2) A planned or proposed airport or an airport under construction, that is
      the subject of a notice or proposal on file with the Federal Aviation
      Administration, and, except for military airports, it is clearly indicated
      that that airport will be available for public use; or,
      (3) An airport that is operated by an armed force of the United States.

      [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 FR
      5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]

    Sec. 77.23   Standards for determining obstructions.

         (a) An existing object, including a mobile object, is, and a future object
         would be, an obstruction to air navigation if it is of greater height than
         any of the following heights or surfaces:
            (1) A height of 500 feet above ground level at the site of the object.
            (2) A height that is 200 feet above ground level or above the established
            airport elevation, whichever is higher, within 3 nautical miles of the
            established reference point of an airport, excluding heliports, with its
            longest runway more than 3,200 feet in actual length, and that height
            increases in the proportion of 100 feet for each additional nautical mile of
            distance from the airport up to a maximum of 500 feet.
            (3) A height within a terminal obstacle clearance area, including an
            initial approach segment, a departure area, and a circling approach area,
            which would result in the vertical distance between any point on the object
            and an established minimum instrument flight altitude within that area or
            segment to be less than the required obstacle clearance.
            (4) A height within an en route obstacle clearance area, including turn and
            termination areas, of a Federal airway or approved off-airway route, that
            would increase the minimum obstacle clearance altitude.
            (5) The surface of a takeoff and landing area of an airport or any
            imaginary surface established under Sec. 77.25, Sec. 77.28, or Sec. 77.29.
            However, no part of the take-off or landing area itself will be considered an
            obstruction.
        (b) Except for traverse ways on or near an airport with an operative ground
        traffic control service, furnished by an air traffic control tower or by the
        airport management and coordinated with the air traffic control service, the
        standards of paragraph (a) of this section apply to traverse ways used or to
        be used for the passage of mobile objects only after the heights of these
        traverse ways are increased by:
            (1) Seventeen feet for an Interstate Highway that is part of the National
            System of Military and Interstate Highways where overcrossings are designed
            for a minimum of 17 feet vertical distance.
            (2) Fifteen feet for any other public roadway.
            (3) Ten feet or the height of the highest mobile object that would normally
            traverse the road, whichever is greater, for a private road.
            (4) Twenty-three feet for a railroad, and,
            (5) For a waterway or any other traverse way not previously mentioned, an
            amount equal to the height of the highest mobile object that would normally
            traverse it.

            [Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]

  Sec. 77.25   Civil airport imaginary surfaces.

    The following civil airport imaginary surfaces are established with
    relation to the airport and to each runway. The size of each such imaginary
    surface is based on the category of each runway according to the type of
    approach available or planned for that runway. The slope and dimensions of
    the approach surface applied to each end of a runway are determined by the
    most precise approach existing or planned for that runway end.
    (a) Horizontal surface. A horizontal plane 150 feet above the established
    airport elevation, the perimeter of which is constructed by swinging arcs of
    specified radii from the center of each end of the primary surface of each
    runway of each airport and connecting the adjacent arcs by lines tangent to
    those arcs. The radius of each arc is:
        (1) 5,000 feet for all runways designated as utility or visual;
        (2) 10,000 feet for all other runways. The radius of the arc specified for
        each end of a runway will have the same arithmetical value. That value will
        be the highest determined for either end of the runway. When a 5,000-foot arc
        is encompassed by tangents connecting two adjacent 10,000-foot arcs, the
        5,000-foot arc shall be disregarded on the construction of the perimeter of
        the horizontal surface.
    (b) Conical surface. A surface extending outward and upward from the
    periphery of the horizontal surface at a slope of 20 to 1 for a horizontal
    distance of 4,000 feet.
    (c) Primary surface. A surface longitudinally centered on a runway. When
    the runway has a specially prepared hard surface, the primary surface extends
    200 feet beyond each end of that runway; but when the runway has no specially
    prepared hard surface, or planned hard surface, the primary surface ends at
    each end of that runway. The elevation of any point on the primary surface is
    the same as the elevation of the nearest point on the runway centerline. The
    width of a primary surface is:
        (1) 250 feet for utility runways having only visual approaches.
        (2) 500 feet for utility runways having nonprecision instrument approaches.
        (3) For other than utility runways the width is:
             (i) 500 feet for visual runways having only visual approaches.
             (ii) 500 feet for nonprecision instrument runways having visibility
             minimums greater than three-fourths statute mile.
             (iii) 1,000 feet for a nonprecision instrument runway having a nonprecision
             instrument approach with visibility minimums as low as three-fourths of a
             statute mile, and for precision instrument runways.

             The width of the primary surface of a runway will be that width prescribed in
             this section for the most precise approach existing or planned for either end
             of that runway.
    (d) Approach surface. A surface longitudinally centered on the extended
    runway centerline and extending outward and upward from each end of the
    primary surface. An approach surface is applied to each end of each runway
    based upon the type of approach available or planned for that runway end.
          (1) The inner edge of the approach surface is the same width as the primary
          surface and it expands uniformly to a width of:
              (i) 1,250 feet for that end of a utility runway with only visual
              approaches;
              (ii) 1,500 feet for that end of a runway other than a utility runway with
              only visual approaches;
              (iii) 2,000 feet for that end of a utility runway with a nonprecision
              instrument approach;
              (iv) 3,500 feet for that end of a nonprecision instrument runway other than
              utility, having visibility minimums greater than three-fourths of a statute
              mile;
              (v) 4,000 feet for that end of a nonprecision instrument runway, other than
              utility, having a nonprecision instrument approach with visibility minimums
              as low as three-fourths statute mile; and
              (vi) 16,000 feet for precision instrument runways.
        (2) The approach surface extends for a horizontal distance of:
              (i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways;
              (ii) 10,000 feet at a slope of 34 to 1 for all nonprecision instrument
              runways other than utility; and,
              (iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a
              slope of 40 to 1 for all precision instrument runways.
        (3) The outer width of an approach surface to an end of a runway will be
        that width prescribed in this subsection for the most precise approach
        existing or planned for that runway end.
    (e) Transitional surface. These surfaces extend outward and upward at right
    angles to the runway centerline and the runway centerline extended at a slope
    of 7 to 1 from the sides of the primary surface and from the sides of the
    approach surfaces. Transitional surfaces for those portions of the precision
    approach surface which project through and beyond the limits of the conical
    surface, extend a distance of 5,000 feet measured horizontally from the edge
    of the approach surface and at right angles to the runway centerline.

    [Amdt. 77-9, 36 FR 5970, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971]

  Sec. 77.27  [Reserved]

  Sec. 77.28   Military airport imaginary surfaces.

    (a) Related to airport reference points. These surfaces apply to all
    military airports. For the purposes of this section a military airport is any
    airport operated by an armed force of the United States.
        (1) Inner horizontal surface. A plane is oval in shape at a height of 150
        feet above the established airfield elevation. The plane is constructed by
        scribing an arc with a radius of 7,500 feet about the centerline at the end
        of each runway and interconnecting these arcs with tangents.
        (2) Conical surface. A surface extending from the periphery of the inner
        horizontal surface outward and upward at a slope of 20 to 1 for a horizontal
        distance of 7,000 feet to a height of 500 feet above the established airfield
        elevation.
        (3) Outer horizontal surface. A plane, located 500 feet above the
        established airfield elevation, extending outward from the outer periphery of
        the conical surface for a horizontal distance of 30,000 feet.
    (b) Related to runways. These surfaces apply to all military airports.
        (1) Primary surface. A surface located on the ground or water
        longitudinally centered on each runway with the same length as the runway.
        The width of the primary surface for runways is 2,000 feet. However, at
        established bases where substantial construction has taken place in
        accordance with a previous lateral clearance criteria, the 2,000-foot width
        may be reduced to the former criteria.
        (2) Clear zone surface. A surface located on the ground or water at each
        end of the primary surface, with a length of 1,000 feet and the same width as
        the primary surface.
        (3) Approach clearance surface. An inclined plane, symmetrical about the
        runway centerline extended, beginning 200 feet beyond each end of the primary
        surface at the centerline elevation of the runway end and extending for
        50,000 feet. The slope of the approach clearance surface is 50 to 1 along the
        runway centerline extended until it reaches an elevation of 500 feet above
        the established airport elevation. It then continues horizontally at this
        elevation to a point 50,000 feet from the point of beginning. The width of
        this surface at the runway end is the same as the primary surface, it flares
        uniformly, and the width at 50,000 is 16,000 feet.
        (4) Transitional surfaces. These surfaces connect the primary surfaces, the
        first 200 feet of the clear zone surfaces, and the approach clearance
        surfaces to the inner horizontal surface, conical surface, outer horizontal
        surface or other transitional surfaces. The slope of the transitional surface
        is 7 to 1 outward and upward at right angles to the runway centerline.

        [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-1, 30 FR
        6713, May 18, 1965; Amdt. 77-9, 36 FR 5971, Apr. 1, 1971]

  Sec. 77.29   Airport imaginary surfaces for heliports.

    (a) Heliport primary surface. The area of the primary surface coincides in
    size and shape with the designated take-off and landing area of a heliport.
    This surface is a horizontal plane at the elevation of the established
    heliport elevation.
    (b) Heliport approach surface. The approach surface begins at each end of
    the heliport primary surface with the same width as the primary surface, and
    extends outward and upward for a horizontal distance of 4,000 feet where its
    width is 500 feet. The slope of the approach surface is 8 to 1 for civil
    heliports and 10 to 1 for military heliports.
    (c) Heliport transitional surfaces These surfaces extend outward and upward
    from the lateral boundaries of the heliport primary surface and from the
    approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured
    horizontally from the centerline of the primary and approach surfaces.

    [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 FR
    5971, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971]

   Subpart D--Aeronautical Studies of Effect of Proposed Construction on
                              Navigable Airspace

  Sec. 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.

    [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 FR
    10843, July 31, 1968]

  Sec. 77.33   Initiation of studies.

    (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]

  Sec. 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
    Sec. 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]

  Sec. 77.37   Discretionary review.

    (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 Sec. 77.19 or Sec.
    77.35 or revision or extension of the determination under Sec. 77.39(c), for
    a review of the determination, revision, or extension. This paragraph does
    not apply to any acknowledgment issued under Sec. 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 Sec. 77.19, Sec. 77.35 or Sec. 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]

  Sec. 77.39   Effective period of determination of no hazard.

    (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]

  Subpart E--Rules of Practice for Hearings Under Subpart D

  Sec. 77.41   Scope.

    This subpart applies to hearings held by the FAA under Titles I, III, and X
    of the Federal Aviation Act of 1958 (49 U.S.C. Subchapters I, III, and X), on
    proposed construction or alteration that affects the use of navigable
    airspace.

  Sec. 77.43   Nature of hearing.

    Sections 4, 5, 7, and 8 of the Administrative Procedure Act (5 U.S.C. 1003,
    1004, 1006, and 1007) do not apply to hearings held on proposed construction
    or alteration to determine its effect on the safety of aircraft and the
    efficient use of navigable airspace because those hearings are factfinding in
    nature. As a factfinding procedure, each hearing is nonadversary and there
    are no formal pleadings or adverse parties.

  Sec. 77.45   Presiding officer.

    (a) If, under Sec. 79.37, the Administrator grants a public hearing on any
    proposed construction or alteration covered by this part, the Director, Air
    Traffic Operations Service designates an FAA employee to be the presiding
    officer at the hearing.
    (b) The presiding officer may:
        (1) Give notice of the date and location of the hearing and any prehearing
        conference that may be held;
        (2) Administer oaths and affirmations;
        (3) Examine witnesses;
        (4) Issue subpoenas and take depositions or have them taken;
        (5) Obtain, in the form of a public record, all pertinent and relevant
        facts relating to the subject matter of the hearing;
        (6) Rule, with the assistance of the legal officer, upon the admissibility
        of evidence;
        (7) Regulate the course and conduct of the hearing; and
        (8) Designate parties to the hearing and revoke those designations.
        [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-        11,54 FR 39292, Sept.25, 1989]

  Sec. 77.47   Legal officer.

    The Chief Counsel designates a member of his staff to serve as legal
    officer at each hearing under this subpart. The legal officer may examine
    witnesses and assist and advise the presiding officer on questions of
    evidence or other legal questions arising during the hearing.

    [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended at 38 FR 26444, Sept.
    17, 1973]

  Sec. 77.49   Notice of hearing.

    In designating a time and place for a hearing under this subpart the
    presiding officer considers the needs of the FAA and the convenience of the
    parties and witnesses. The time and place of each hearing is published in the
    "Notices" section of the Federal Register before the date of the hearing,
    unless the notice is impractical or unnecessary.

  Sec. 77.51   Parties to the hearing.

    The presiding officer designates the following as parties to the hearing--
    (a) The proponent of the proposed construction or alteration.
    (b) Those persons whose activities would be substantially affected by the
    proposed construction or alteration.

  Sec. 77.53   Prehearing conference.

    (a) The presiding officer may, in his discretion, hold a prehearing
    conference with the parties to the hearing and the legal officer before the
    hearing.
    (b) At the direction of the presiding officer, each party to a prehearing
    conference shall submit a brief written statement of the evidence he intends
    to provide through his witnesses and by questioning other witnesses at the
    hearing, and shall provide enough copies of the statement so that the
    presiding officer may keep three for the FAA and give one to each other
    party.
    (c) At the prehearing conference, the presiding officer reduces and
    simplifies the subject matter of the hearing so far as possible and advises
    the parties of the probable order of presenting the evidence.

  Sec. 77.55   Examination of witnesses.

    (a) Each witness at a hearing under this subpart shall, after being sworn
    by the presiding officer, give his testimony under oath.
    (b) The party for whom a witness, other than an employee of the FAA, is
    testifying shall examine that witness. After that examination, other parties
    to the hearing may examine the witness, in the order fixed by the presiding
    officer. The presiding officer and the legal officer may then examine the
    witness. The presiding officer may grant any party an additional opportunity
    to examine any witness, if that party adequately justifies the additional
    examination.
    (c) The legal officer examines each FAA employee who is a witness, before
    the other parties examine him. After that examination, the order prescribed
    in paragraph (b) of this section applies. An FAA employee may testify only as
    to facts within his personal knowledge and the application of FAA
    regulations, standards, and policies.

  Sec. 77.57   Evidence.

    (a) The presiding officer receives all testimony and exhibits that are
    relevant to the issues of the hearing. So far as possible, each party shall
    submit enough copies of his exhibits that the presiding officer may keep
    three copies for the FAA and give one to each other party.
    (b) The presiding officer excludes any testimony that is irrelevant, unduly
    repetitious, or consists of statements made during an aeronautical study in
    an effort to reconcile or compromise aviation or construction or alteration
    requirements. A party to the hearing may object to the admission of evidence
    only on the ground that it is irrelevant.

  Sec. 77.59   Subpoenas of witnesses and exhibits.

    (a) The presiding officer of a hearing may issue subpoenas for any witness
    or exhibit that he determines may be material and relevant to the issues of
    the hearing. So far as possible, each party to the hearing shall provide the
    witnesses and exhibits that he intends to present at the hearing.
    (b) If any party to the hearing is unable to provide his necessary
    witnesses and exhibits, he shall advise the presiding officer far enough in
    advance that the presiding officer can determine whether he should issue
    subpoenas for the desired witnesses or exhibits.

  Sec. 77.61   Revision of construction or alteration proposal.

    (a) The sponsor of any proposed construction or alteration covered by this
    part may revise his proposal at any time before or during the hearing. If he
    revises it, the presiding officer decides whether the revision affects the
    proposal to the extent that he should send it to the Administrator for a
    redetermination of the need for a hearing.
    (b) If the presiding officer decides that it does not need to be
    resubmitted to the Administrator, he advises the parties of the revised
    proposal and takes the action necessary to allow all parties to effectively
    participate in the hearing on the revised proposal. Without limiting his
    discretion, the presiding officer may recess and reconvene the hearing, or
    hold another prehearing conference.

  Sec. 77.63   Record of hearing.

    (a) Each hearing is recorded verbatim by an official reporter under an FAA
    contract. The transcript, and all exhibits, become a part of the record of
    the hearing.
    (b) Any person may buy a copy of the transcript of the hearing from the
    reporter at the price fixed for it.
    (c) The presiding officer may allow any party to withdraw an original
    document if he submits authenticated copies of it.
    (d) Any person may buy, from the FAA, photostatic copies of any exhibit by
    paying the copying costs.
    (e) A change in the official transcript of a hearing may be made only if it
    involves an error of substance. Any recommendation to correct the transcript
    must be filed with the presiding officer within 5 days after the hearing
    closes. The presiding officer reviews each request for a correction to the
    extent he considers appropriate and shall make any revisions that he finds
    appropriate as a result of that review.

  Sec. 77.65   Recommendations by parties.

    Within 20 days after the mailing of the record of hearing by the official
    reporter, or as otherwise directed by the presiding officer, each party may
    submit to the presiding officer five copies of his recommendations for a
    final decision to be made by the Administrator.

  Sec. 77.67   Final decision of the Administrator.

    After reviewing the evidence relevant to the questions of fact in a
    hearing, including the official transcript and the exhibits, The
    Administrator resolves all these questions, based on the weight of evidence,
    and makes his determination, stating the basis and reasons for it. He then
  issues an appropriate order to be served on each of the parties.

  Sec. 77.69   Limitations on appearance and representation.

    (a) A former officer or employee of the FAA may not appear on behalf of, or
    represent, any party before the FAA in connection with any matter to which
    this part applies, if he considered or passed on that matter while he was an
    officer or employee of the FAA.
    (b) A person appearing before the FAA on any matter to which this part
    applies may not, in connection with that appearance, knowingly accept
    assistance from, or share fees with, any person who is prohibited by
    paragraph (a) of this section, from appearing himself on that matter.
    (c) A former official or employee of the FAA may not, within 6 months after
    he ceases to be such an officer or employee, appear before the FAA on behalf
    of, or represent, any party in connection with any proceeding that was
    pending under this part while he was an officer or employee of the FAA,
    unless he obtains written consent from an appropriate officer of the FAA,
    based on a verified showing that he did not personally consider the matter
    concerned or gain particular knowledge of it while he was an officer or
    employee of the FAA.

  Subpart F--Establishment of Antenna Farm Areas

  Sec. 77.71   Scope.

    (a) This subpart establishes antenna farm areas in which antenna structures
    may be grouped to localize their effect on the use of navigable airspace.
    (b) It is the policy of the FAA to encourage the use of antenna farms and
    the single structure-multiple antenna concept for radio and television towers
    whenever possible. In considering proposals for establishing antenna farm
    areas, it considers as far as possible the revision of aeronautical
    procedures and operations to accommodate antenna structures that will fulfill
    broadcasting requirements.

  Sec. 77.73   General provisions.

    (a) An antenna farm area consists of a specified geographical location with
    established dimensions of area and height, where antenna towers with a common
    impact on aviation may be grouped. Each such area is established by
    appropriate rule making action.
    (b) Each proposal for an antenna farm area is evaluated on the basis of its
    effect on the use of navigable airspace. The views of the Federal
    Communications Commission are requested on the effect that each establishment
    of an antenna farm area would have on its statutory responsibilities. Any
    views submitted by it are fully considered before the antenna farm concerned
    is established. If the Commission advises that the establishment of any
    proposed antenna farm area would interfere with its statutory responsibility,
    the proposed area is not established.
    (c) The establishment of an antenna farm area is considered whenever it is
    proposed by:
        (1) The FAA;
        (2) The Federal Communications Commission;
        (3) The sponsor of a proposed antenna tower; or
        (4) Any other person having a substantial interest in a proposed antenna
        tower.

        [Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-        10,  37 FR
        4705, Mar. 4, 1972]

  Sec. 77.75   Establishment of antenna farm areas.

    The airspace areas described in the following sections of this subpart are
    established as antenna farm areas.

    Note: Sections 77.77 through 77.1100 reserved for descriptions of antenna
    farm areas.

   14 CFR Part 77 * Amendment 77-12 * Dec. 28, 1995

 
   
     
Anritsu