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:
- The performance of functions relating to the processing of notices of proposed construction or alteration.
- The conduct of aeronautical studies of any existing or proposed object affecting the navigable airspace.
- The conduct of aeronautical studies of the electromagnetic radiation effect of proposed or existing objects on the operation of air navigation facilities.
- 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.
- The conduct of aeronautical studies regarding the physical effect of proposed or existing objects on airport approach lighting systems.
- 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.
- Title 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.
- 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.
- 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), except for those structures located on public-use airports covered under FAA Order JO 7400.2, Part 3, Airport Airspace Analysis.
See paragraph 10-1-3.f.
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.
- To the extent practicable, the obstruction evaluation/airport airspace analysis (OE/AAA) automated programs must be used in lieu of manual processing.
- Automated obstruction evaluation (OE) correspondence forms must be used.
- 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 airport/runway database.
- 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.
- 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.
- 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.
- Airports must resolve and correct any discrepancies that have been identified in the automated airport/runway database.
- Any required corrections must be forwarded to AIS.
Employees involved with the OE/AAA program must attend the Basic Obstruction Evaluation and Airport/Airspace Analysis Course offered by the FAA Academy.
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.