Chapter 5. Basic

Section 1. General

5-1-1. PURPOSE

The guidelines, procedures, and criteria detailed in this part supplement those contained in title 14 Code of ­Federal Regulations (14 CFR) part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. They ­provide clarification and guidance on how to process aeronautical studies conducted in accordance with part 77.

5-1-2. AUTHORITY

  1. 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. § 44718 (§ 44718). It should be ­noted however, that § 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.
  2. 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.

5-1-3. POLICY

The prime objective of the FAA in administering § 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.

5-1-4. SCOPE

  1. 49 U.S.C. §§40103 and 44718, and 14 CFR 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.
  2. Structures that are subject to study requirements associated with 49 U.S.C. §§40103, 44718, and 14 CFR ­part 77 may be man made (including mobile structures) or of natural growth or terrain, and may be existing, ­proposed, permanent, or temporary.

5-1-5. RESPONSIBILITY

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), except for those structures located ­on public-use airports covered under FAA Order JO 7400.2, Part 3, Airport Airspace Analysis.

5-1-6. SENSITIVE CASES

The OEG Manager, or designated representative, must brief sensitive or high‐profile cases to the Manager, Rules ­and Regulations Group before issuing, revising, or extending the determination.

5-1-7. AUTOMATION

To the extent practicable, the Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) automated ­programs must be used in lieu of manual processing.

5-1-8. OE/AAA AUTOMATED SYSTEM AIRPORT/RUNWAY DATABASE

  1. To ensure the automated 14 CFR part 77 obstruction criteria and the military 14 CFR part 77 obstruction ­criteria conflict analysis programs consider all known plans on file, the regional Airports Division Responsible ­Airspace Staffer (RAS) is responsible for maintaining the automated airport/runway database
  2. RAS must enter:
    1. The ultimate airport reference point for any proposed public-use or military airport into the database as ­soon as possible.
    2. Any change of airport status from private–use to public–use into the database as soon as possible. As ­workload permits, information on private–use airports must also be entered into the database.
    3. All other public–use and military airport/runway information in the database as soon as possible.
  3. Airports must resolve and correct any discrepancies that have been identified in the automated ­airport/runway database.
  4. Any required corrections must be forwarded to AIS.

5-1-9. TRAINING

The primary employees involved with the OE/AAA process must complete the Basic Obstruction Evaluation ­and Airport/Airspace Analysis Course offered by the FAA Academy; or, in the case of division responders to ­aeronautical studies, an equivalent course developed by their Line of Business and approved by OEG to meet ­their requirements.

2. Completion of the course is not required for developmental employees or those in training. Course completion is ­required to enter unsupervised responses.

5-1-10. RELEASE OF INFORMATION

Requests from the public for access to or copies of information contained in aeronautical study files must be ­processed in accordance with the provisions of the Freedom of Information Act (5 U.S.C. § 552), as ­implemented by part7 of the Department of Transportation Regulations and Order 1270.1, Freedom of ­Information Act Program.