Part 2. Objects
Affecting Navigable Airspace
Chapter 5. Basic
Section 1. General
The guidelines, procedures, and criteria
detailed in this part supplement those contained in Part 77, Safe, Efficient
Use, and Preservation of the Navigable Airspace, and address the following:
a. The performance
of functions relating to the processing of notices of proposed construction or
b. The conduct of
aeronautical studies of any existing or proposed object affecting the navigable
c. The conduct of
aeronautical studies of the electromagnetic radiation effect of proposed or
existing objects on the operation of air navigation facilities.
d. The conduct of
aeronautical studies of the physical effect of proposed or existing objects on
the line-of-sight view of all runways, taxiways, and traffic pattern areas from
the airport traffic control tower.
e. The conduct of
aeronautical studies regarding the physical effect of proposed or existing
objects on airport approach lighting systems.
a. The FAA's
authority to promote the safe and efficient use of the navigable airspace,
whether concerning existing or proposed structures, is predominantly derived
from Title 49 U.S.C. Section 44718 (Section 44718). It should be noted however,
that Section 44718 does not provide specific authority for the FAA to regulate
or control how land (real property) may be used in regard to structures that may
penetrate navigable airspace.
14 of the Code of Federal Regulations (14 CFR) Part 77, Safe, Efficient Use, and
Preservation of the Navigable Airspace, was adopted to establish notice
standards for proposed construction or alteration that may result in an
obstruction or an interference with air navigation facilities and equipment or
the navigable airspace.
The prime objective of the FAA in
administering Section 44718 and 14 CFR Part 77 in conducting aeronautical
studies is to ensure the safety of air navigation and efficient utilization of
navigable airspace by aircraft.
a. 49 U.S.C.
Sections 40103 and 44718, and Part 77 apply only to structures located within
any state, territory, or possession of the United States, within the District of
Columbia, or within territorial waters (12 NM) surrounding such states,
territories, or possessions.
b. Structures that
are subject to study requirements associated with 49 U.S.C. Section 40103,
44718, and Part 77 may be man made (including mobile structures) or of natural
growth and terrain whether existing, proposed, permanent, or temporary.
The responsibility for
managing the obstruction evaluation program for those structures that may affect
the navigable airspace is delegated to the Obstruction Evaluation Group (OEG).
5-1-6. SENSITIVE CASES
REFERRED TO WASHINGTON
The OEG Manager, or
designated representative, must brief sensitive or high profile cases to the
Manager, Airspace Regulations and ATC Procedures Group before issuing, revising,
or extending the determination.
a. To the extent
practicable, the obstruction evaluation/airport airspace analysis (OE/AAA)
automated programs must be used in lieu of manual processing.
obstruction evaluation (OE) correspondence forms must be used.
5-1-8. OE/AAA AUTOMATED
SYSTEM AIRPORT/RUNWAY DATABASE
a. To ensure the
automated Part 77 obstruction criteria and the military Part 77 obstruction
criteria conflict analysis programs consider all known plans on file, the
regional Airports Division is responsible for maintaining the automated
1. Either the
Airports Division or the Airports District Office must enter the ultimate
airport reference point for any proposed public-use or military airport into the
database within two working days from receipt of the information.
2. Either the
Airports Division or the Airports District Office must enter any change of
airport status from private-use to public-use into the database within two
working days from receipt of the information. As workload permits, information
on private-use airports must also be entered into the database.
3. Either the
Airports Division or the Airports District Office must enter all other
public-use and military airport/runway information in the database within 10
working days from receipt of the information.
b. Airports must
resolve and correct any discrepancies that have been identified in the automated
c. Any required
corrections must be forwarded to AIM.
Employees involved with
the OE/AAA program must attend the Basic Obstruction Evaluation and
Airport/Airspace Analysis Course offered by the FAA Academy.
5-1-10. RELEASE OF
Requests from the
public for access to or copies of information contained in aeronautical study
files are occasionally made to the regional offices. Such requests must be
processed in accordance with the provisions of the Freedom of Information Act
(5 U.S.C. 552), as implemented by Part 7 of the Department of Transportation
Regulations and Order 1270.1, Freedom of Information Act Program.