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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
77'3I Soope,
77.32 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.
77.52 Preheariog conference.
77.55 Examination of witnesses.
77.57 Evidence.
77.59 Subpoenas of witnesses and exhibits.
77'6I 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, 40II3-40II4, 44502, 4470I, 44718,
46I0I-46IO2, 46I04.
Source: Docket No. 1882, 30 FR 1839, Feb. 10, 1965, unless otherwise noted.
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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]
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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
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(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, 19721
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
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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
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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]
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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, 19711
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
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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.
(Arndt. 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
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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, 19711
Sec. 77.27 [Reserved]
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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
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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.
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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, 19891
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.
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