|
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 D
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
|
