Proposed Rule: Airspace: Objects Affecting Navigable Airspace

34028 Federal Register / Vol. 71, No.
113 / Tuesday, June 13, 2006 / Proposed Rules
Regulatory Findings Unsafe Condition (2) AMOCs approved previously in

(d) This AD results from a determination accordance with AD 2005–24–03,
We have determined that this amendment 39–14383, are approved as
proposed AD would not have federalism that errors were inadvertently included in the
existing AD. We are issuing this AD to AMOCs for the corresponding provisions of
implications under Executive Order this AD.
prevent inadequate fastener clamp-up, which
13132. This proposed AD would not could result in cracking of the fastener holes, (3) Before using any AMOC approved in
have a substantial direct effect on the cracking along the lower wing skin panels, accordance with 14 CFR 39.19 on any
States, on the relationship between the fuel leaking from the wing fuel tanks onto the airplane to which the AMOC applies, notify
national Government and the States, or engines, and possible fire. the appropriate principal inspector in the
on the distribution of power and FAA Flight Standards Certificate Holding
Compliance District Office.
responsibilities among the various
(e) You are responsible for having the (4) An AMOC that provides an acceptable
levels of government. level of safety may be used for any repair
For the reasons discussed above, I actions required by this AD performed within
the compliance times specified, unless the required by this AD, if it is approved by an
certify that the proposed regulation: Authorized Representative for the Boeing
1. Is not a ‘‘significant regulatory actions have already been done.
Commercial Airplanes Delegation Option
action’’ under Executive Order 12866; Restatement of Requirements In AD 2005– Authorization Organization who has been
2. Is not a ‘‘significant rule’’ under the 24–03 authorized by the Manager, Seattle ACO, to
DOT Regulatory Policies and Procedures make those findings. For a repair method to
Inspection/Measurement and Related
(44 FR 11034, February 26, 1979); and be approved, the repair must meet the
Investigative and Corrective Actions
3. Will not have a significant certification basis of the airplane, and the
economic impact, positive or negative, (f) At the applicable time specified in approval must specifically refer to this AD.
paragraph (f)(1) or (f)(2) of this AD: Inspect/
on a substantial number of small entities Issued in Renton, Washington, on June 5,
measure the length of certain attachment
under the criteria of the Regulatory fasteners between the lower wing skin panels 2006.
Flexibility Act. and the nacelle support fittings. Do the Kalene C. Yanamura,
We prepared a regulatory evaluation inspection/measurement, and all applicable Acting Manager, Transport Airplane
of the estimated costs to comply with related investigative and corrective actions, Directorate, Aircraft Certification Service.
this proposed AD and place it in the AD in accordance with the Accomplishment [FR Doc. E6–9174 Filed 6–12–06; 8:45 am]
docket. See the ADDRESSES section for a Instructions of Boeing Service Bulletin 737– BILLING CODE 4910–13–P
location to examine the regulatory 57–1275, Revision 1, dated August 18, 2005,
evaluation. except as provided by paragraph (g) of this
AD.
List of Subjects in 14 CFR Part 39 (1) For Model 737–700 series airplanes
DEPARTMENT OF TRANSPORTATION
Air transportation, Aircraft, Aviation modified by Supplemental Type Certificate
Federal Aviation Administration
safety, Safety. (STC) ST00830SE as of December 28, 2005
(the effective date of AD 2005–24–03):
The Proposed Amendment Accomplish the actions at the later of the 14 CFR Part 77
times specified in paragraphs (f)(1)(i) and
Accordingly, under the authority [Docket No. FAA–2006–25002; Notice No.
(f)(1)(ii) of this AD. 06–06]
delegated to me by the Administrator, (i) Prior to the accumulation of 25,000 total
the FAA proposes to amend 14 CFR part flight hours or 25,000 total flight cycles, RIN 2120–AH31
39 as follows: whichever is first.
(ii) Within 12 months after December 28, Safe, Efficient Use and Preservation of
PART 39—AIRWORTHINESS 2005. the Navigable Airspace
DIRECTIVES (2) For all other airplanes: Accomplish the
actions at the later of the times specified in AGENCY: Federal Aviation
1. The authority citation for part 39 paragraphs (f)(2)(i) and (f)(2)(ii) of this AD. Administration (FAA), DOT.
continues to read as follows: (i) Prior to the accumulation of 30,000 total ACTION: Notice of proposed rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701. flight hours or 30,000 total flight cycles,
whichever is first.
(NPRM).
§ 39.13 [Amended] (ii) Within 12 months after December 28,
SUMMARY: The FAA proposes to amend
2. The Federal Aviation 2005.
(g) If accomplishing a corrective action as the regulations governing objects that
Administration (FAA) amends § 39.13 may affect the navigable airspace.
by removing amendment 39–14383 (70 required by paragraph (f) of this AD, and the
service bulletin specifies to contact Boeing Specifically, the FAA is proposing to
FR 70713, November 23, 2005), and add notification requirements and
for repair information: Before further flight,
adding the following new airworthiness do the repair using a method approved in obstruction standards for
directive (AD): accordance with paragraph (i) of this AD. electromagnetic interference and amend
Boeing: Docket No. FAA–2006–25000; Actions Accomplished According to the obstruction standards for civil
Directorate Identifier 2006–NM–096–AD. Previous Issue of Service Bulletin airport imaginary surfaces to more
Comments Due Date (h) Actions accomplished before December
closely align these standards with FAA
(a) The FAA must receive comments on 28, 2005, in accordance with Boeing Service airport design and instrument approach
this AD action by July 28, 2006. Bulletin 737–57–1275, dated September 4, procedure criteria. The FAA proposes to
2003, are considered acceptable for require proponents to file with the
Affected ADs compliance with the corresponding action agency a notice of proposed
(b) This AD revises AD 2005–24–03. specified in this AD. construction or alteration of structures
mstockstill on PROD1PC61 with PROPOSALS
Applicability Alternative Methods of Compliance near private use airports that have an
(AMOCs) FAA approved instrument approach
(c) This AD applies to Boeing Model 737–
600, –700, –700C, and –800 series airplanes; (i)(1) The Manager, Seattle Aircraft
procedure. This proposal, if adopted,
line numbers 1 through 761 inclusive, except Certification Office (ACO), FAA, has the would also increase the number of days
for line numbers 596, 683, 742, 749, 750, 751, authority to approve AMOCs for this AD, if in which a notice must be filed with the
754, 755, 759, and 760; certificated in any requested using the procedures found in 14 FAA before beginning construction or
category. CFR 39.19. alteration; add and amend definitions
VerDate Aug<31>2005 14:46 Jun 12, 2006 Jkt 208001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\13JNP1.SGM 13JNP1
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Proposed Rules 34029
for terms commonly used during the Washington, DC 20591; telephone (202) document. You must mark the
aeronautical evaluation process; and 267–3073. information that you consider
remove the provisions for public SUPPLEMENTARY INFORMATION: proprietary or confidential. If you send
hearings and antenna farms. Lastly, the the information on a disk or CD–ROM,
FAA proposes to retitle the rule and Comments Invited mark the outside of the disk or CD–ROM
reformat it into sections that closely The FAA invites interested people to and also identify electronically within
reflect the aeronautical study process. participate in this rulemaking by the disk or CD–ROM the specific
These proposals incorporate case law submitting written comments, data, or information that is proprietary or
and legislative action, and simplify the views. We also invite comments about confidential.
rule language. The intended effect of the economic, environmental, energy, or Under 14 CFR 11.35(b), when we are
these proposed changes is to improve federalism impacts that might result aware of proprietary information filed
safety and promote the efficient use of from adopting the proposals in this with a comment, we do not place it in
the National Airspace System. document. The most helpful comments the docket. We hold it in a separate file
DATES: Send your comments on or reference a specific portion of the to which the public does not have
before September 11, 2006. proposal, explain the reason for any access, and place a note in the docket
recommended change, and include that we have received it. If we receive
ADDRESSES: You may send comments
supporting data. We ask that you send a request to examine or copy this
identified by Docket Number FAA–
us two copies of written comments. information, we treat it as any other
2006–25002 using any of the following We will file in the docket all
methods: request under the Freedom of
comments we receive, as well as a Information Act (5 U.S.C. 552). We
• DOT Docket Web site: Go to report summarizing each substantive
http://dms.dot.gov and follow the process such a request under the DOT
public contact with FAA personnel procedures found in 49 CFR part 7.
instructions for sending your comments about this proposed rulemaking. The
electronically. docket is available for public inspection Availability of Rulemaking Documents
• Government-wide rulemaking Web before and after the comment closing
site: Go to http://www.regulations.gov You can get an electronic copy using
date. If you wish to review the docket the Internet by:
and follow the instructions for sending in person, go to the address in the
your comments electronically. (1) Searching the Department of
ADDRESSES section of this preamble Transportation’s electronic Docket
• Mail: Docket Management Facility; between 9 a.m. and 5 p.m., Monday
U.S. Department of Transportation, 400 Management System (DMS) Web page
through Friday, except Federal holidays. (http://dms.dot.gov/search);
Seventh Street, SW., Nassif Building, You may also review the docket using
Room PL–401, Washington, DC 20590– (2) Visiting the FAA’s Regulations and
the Internet at the web address in the Policies Web page at http://
001. ADDRESSES section.
• Fax: 1–202–493–2251. www.faa.gov/regulations_policies/; or
Privacy Act: Using the search function (3) Accessing the Government
• Hand Delivery: Room PL–401 on of our docket Web site, anyone can find
the plaza level of the Nassif Building, Printing Office’s Web page at http://
and read the comments received into www.access.gpo.gov/fr/index.html.
400 Seventh Street, SW., Washington, any of our dockets. This includes the
DC, between 9 a.m. and 5 p.m., Monday You can also get a copy by submitting
name of the individual sending the a request to the Federal Aviation
through Friday, except Federal holidays. comment (or signing the comment on
For more information on the Administration, Office of Rulemaking,
behalf of an association, business, labor ARM–1, 800 Independence Avenue,
rulemaking process, see the union, etc.). You may review DOT’s
SUPPLEMENTARY INFORMATION section of SW., Washington, DC 20591, or by
complete Privacy Act Statement in the calling (202) 267–9680. Make sure to
this document. Federal Register published on April 11,
Privacy: We will post all comments identify the docket number, notice
2000 (65 FR 19477–78) or you may visit number, or amendment number of this
we receive, without change, to http://
http://dms.dot.gov. rulemaking.
dms.dot.gov, including any personal Before acting on this proposal, we
information you provide. For more will consider all comments we receive History
information, see the Privacy Act on or before the closing date for
discussion in the SUPPLEMENTARY National Airspace Review
comments. We will consider comments
INFORMATION section of this document. On June 17, 1978, the FAA published
filed late if it is possible to do so
Docket: To read background without incurring expense or delay. We a notice in the Federal Register (43 FR
documents or comments received, go to may change this proposal in light of the 26322) announcing a regulatory review
http://dms.dot.gov at any time. You can comments we receive. of part 77. The FAA issued this notice
also go to Room PL–401 on the plaza If you want the FAA to acknowledge in response to comments received to a
level of the Nassif Building, 400 receipt of your comments on this June 16, 1977, advance notice of
Seventh Street, SW., Washington, DC, proposal, include with your comments proposed rulemaking (ANPRM) (42 FR
between 9 a.m. and 5 p.m., Monday a preaddressed, stamped postcard on 30643). In the ANPRM, the FAA had
through Friday, except Federal holidays. which the docket number appears. We asked the public to review FAA
FOR FURTHER INFORMATION CONTACT: For will stamp the date on the postcard and obstruction evaluation issues and to
technical issues: Ellen Crum, Office of mail it to you. recommend changes to part 77. The
Airspace and Rules, ATO–R, Federal FAA addressed comments received in
Aviation Administration, 800 Proprietary or Confidential Business response to the ANPRM in a program
Information
Independence Avenue, SW., review conference, referred to as the

Washington, DC 20591; telephone (202) Do not file in the docket information National Airspace Review (NAR). The
267–8783. that you consider to be proprietary or NAR was held December 4 through 8,
For legal issues: Lorelei Peter, Office confidential business information. Send 1978, and included participants from
of Chief Counsel, Regulations Division, or deliver this information directly to the FAA, the aviation industry, the
Federal Aviation Administration, 800 the person identified in the FOR FURTHER Department of Defense, and State
Independence Avenue, SW., INFORMATION CONTACT section of this government aviation agencies. These
34030 Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Proposed Rules
participants are identified in this The Act also requires that the FAA Supplemental Notice of Proposed
document and NAR reports as ‘‘the issue a full report on the adverse impact Rulemaking (SNPRM)
Committee.’’ In part, the Committee to the safe and efficient use of the On October 16, 1995, the FAA issued
objective was to conduct a airspace. This includes impacts on an SNPRM proposing to amend the
comprehensive review of airspace use arrival and departure procedures for application of obstruction standards
and the procedural aspects of the air aircraft operating under visual or used in an aeronautical study of the
traffic control (ATC) system. On instrument flight rules, impacts on construction or alteration of objects
December 4, 1984, the committee gave public-use airports and aeronautical affecting the navigable airspace (55 FR
27 recommendations to the FAA to facilities, and cumulative impacts of a 53680). The FAA issued the SNPRM as
simplify and clarify existing part 77 structure when combined with the a result of the decision in Greater
regulations. impact of other existing or proposed Orlando Aviation Authority v. the FAA,
The Airport and Airway Safety and structures (49 U.S.C. 41718(b)). In 939 F.2d 954 (11th Cir. 1991)
Capacity Expansion Act of 1987 accordance with the Act, the FAA is (‘‘GOAA’’).
proposing to include the assessment of The decision in this case affects long-
On December 30, 1987, the Airport standing FAA policy and practice
and Airway Safety and Capacity cumulative impact, as part of
aeronautical study, in the revised part regarding the consideration given to
Expansion Act of 1987 (Pub. L. 100– airport plans ‘‘on file’’ with the FAA, or
223) (the ‘‘Act’’), was signed into law. 77. FAA policy has already incorporated
procedures to assess for cumulative ‘‘on file’’ with an appropriate military
The Act amended former section 1101 service. In the SNPRM issued as a result
of the Federal Aviation Act of 1958, impact during the aeronautical study.
of the GOAA decision, the agency
now recodified at 49 U.S.C. 44718, with Third, and with respect to broadcast proposed to amend the application of
three major provisions. The major applications and tower studies, the Act obstruction standards to include
provisions concerned notice of requires the FAA and the Federal consideration of any airport proposal
construction, aeronautical studies, and Communications Commission (FCC) to received before the end of the comment
coordination. ‘‘* * * efficiently coordinate the period for an aeronautical study. This
First, before the Act, former section receipt, considerations of, and action case and its effect on the aeronautical
1101 required notice of proposed upon, such applications and the study process is discussed later in this
construction or alteration where notice completion of associated aeronautical Notice.
would ‘‘promote safety in air studies * * * ’’ Considerable
commerce.’’ Under the Act, notice is NPRM/SNPRM Withdrawal
coordination currently exists between
now required to ‘‘promote (1) safety in the FAA and FCC since this enactment. As previously stated, proposed
air commerce; and (2) the efficient use If further coordination procedures are amendments and revisions to part 77
and preservation of the navigational necessary, the agencies will develop have been under discussion and
airspace and airport traffic capacity at proposed in the Federal Register several
them jointly. We do not believe,
public-use airports’’ (49 U.S.C. times over the last two decades.
however, that any change to part 77 is
44718(a)). Since this enactment, agency However, each time the agency was
appropriate or necessary because of this
policy has been revised to include these close to issuing a final rule, a significant
considerations into FAA aeronautical statutory provision.
change, either legislative or industry-
studies to facilitate determination of the Related Regulatory Actions wide, occurred that required rethinking
potential adverse effects of a structure. and restructuring the proposal. The
Second, the Act also requires an Notice of Proposed Rulemaking (NPRM)
telecommunications industry, with the
aeronautical study if a proposed On August 3, 1990, the FAA advent of personal communications
structure may constitute ‘‘* * * an published an NPRM in the Federal systems, has evolved such that many of
obstruction of navigable airspace or an Register proposing to amend part 77 (55 the previous recommendations,
interference with air navigation proposals and comments are no longer
FR 31722). This notice was later
facilities and equipment or navigable valid. In addition, Public Law 100–223
corrected in the following documents:
airport * * *.’’ (49 U.S.C. 41718(b)) The and the GOAA decision changed the
term ‘‘interference’’ was not defined in 55 FR 32999, August 13, 1990; 55 FR
way the FAA conducts aeronautical
the Act. However, the Conference 35152, August 28, 1990; and 55 FR
evaluations. Rather than proceed with
Report (House of Representative Report 37287, September 10, 1990 (1990
previously proposed regulations that no
100–484, December 15, 1987) states that NPRM). The 1990 NPRM proposed longer completely reflect the needs of
‘‘interference’’ includes both physical amendments to the scope, notice the FAA’s obstruction evaluation
and electromagnetic effects. While the requirements, and standards applicable program or the needs of the general
effects of Electromagnetic Interference to aeronautical studies detailed under public, the FAA withdrew the
(EMI) are currently studied under the part 77. The proposed amendments previously issued NPRM and SNPRM
FAA’s authority under section 40103 for were triggered by the new requirements (68 FR 43885; July 24, 2003). We believe
the safe operation of the National set forth in Public Law 100–223 and the the best interests of all parties were
Airspace System, the Act now requires NAR recommendations previously served by this course of action.
consideration of EMI effects on the safe mentioned. This proposal retains some
and efficient use of the airspace. In of the NAR recommendations that were FAA Authority
order to carry out this statutory originally proposed in the 1990 NPRM, The Administrator has broad
responsibility and determine whether and proposes modifications to or authority to regulate the safe and
EMI would be present, the FAA must variations of other NAR efficient use of the navigable airspace
expand the current notice requirements recommendations. Certain other NAR (49 U.S.C. 40103(a)). The Administrator
in part 77 to include proposed recommendations are not being is also authorized to issue air traffic
construction/alteration that may proposed now because of changed rules and regulations to govern the
produce EMI and the corresponding circumstances. flight, the navigation, protection, and
obstruction standards. identification of aircraft for the
protection of person and property on the began posting notices of proposed Electromagnetic effect. This term
ground, and for the efficient use of the construction on its OEAAA public Web would define electromagnetic effect for
navigable airspace (49 U.S.C. 40103 (b)). site (oeaaa.faa.gov). At the time of determining its effect on navigation,
The Administrator may also conduct publication of this NPRM, many courses communication, or surveillance signals
investigations and prescribe regulations, of action are under review. As the to or from aircraft.
standards, and procedures in carrying Agency continues its analysis, we will Nonprecision/precision instrument
out the authority under this part (49 make every effort to seek input, and approach runway. These proposed
U.S.C. 40113). Moreover, the inform the public of any policy changes. definitions include approaches that use
Administrator is authorized to protect other than ground based navigational
Discussion of the Proposal aids, such as flight management systems
civil aircraft in air commerce (49 U.S.C.
44070(a)(5)). The following is a discussion of the (FMS) and global navigation satellite
Specifically, section 44718 provides major proposals contained in this systems (GNSS). These approaches
that under regulations issued by the notice. Since one of the changes provide azimuth and descent
Administrator, notice is required for any proposed is the formatting of the information, but because of equipment
construction, alteration, establishment, subparts and sections of regulatory text, limitations, the visibility approach
or expansion of a structure or sanitary this discussion will be by topic, and in minimums are higher than approaches
landfill, when the notice will promote most cases does not refer to specific using a glide slope. Historically,
safety in air commerce, and the efficient paragraph sections. nonprecision approaches were defined
use and preservation of the navigable as approaches without descent
Rule Title and Format
airspace and airport traffic capacity at information. Therefore, the FAA is
public use airports. This statutory The FAA proposes to retitle part 77 proposing new definitions that use
provision also provides that, under from ‘‘Objects Affecting Navigable visibility minimums instead of descent
regulations issued by the Administrator, Airspace’’ to ‘‘Safe, Efficient Use, and capability. Because of technological
the agency determines whether such Preservation of the Navigable Airspace.’’ advancements, the former definitions
construction or alteration is an Title 49 of the United States Code for nonprecision/precision instrument
obstruction of the navigable airspace or (U.S.C.), section 44718, provides for the approach runways are no longer
an interference with air navigation Secretary of Transportation to accurate.
facilities and equipment or the promulgate regulations which require a Planned or proposed airport. This
navigable airspace. If a determination is person to provide public notice of proposed term would explain which
made that the construction or alteration certain construction or alterations when airports or planned airports the FAA
creates an obstruction or otherwise that notice will promote safety in air takes into consideration during the
interferes, the agency then conducts an commerce and the efficient use and aeronautical study process.
aeronautical study to determine adverse preservation of the navigable airspace Utility runway. This term would be
impacts on the safe and efficient use of and of airport traffic capacity at public removed because it is no longer used
the airspace, facilities, or equipment. use airports. The proposed title would and would be replaced with the phrase
accurately reflect the purpose and intent ‘‘runway used by small aircraft.’’ Small
One Engine Inoperative (OEI) aircraft are defined in title 14 Code of
of this rule and closely reflects the
Procedures Federal Regulations part 1 as aircraft
legislative language.
Two-engine aircraft certificated under The FAA also proposes to reformat with a maximum certificated takeoff
part 25 and operated under Parts 121 the rule into subparts entitled, weight of 12,500 pounds or less.
and 135 of the Federal Aviation ‘‘General,’’ ‘‘Notice Requirements,’’ Visual runway. This proposed term
Regulations must be able to takeoff and ‘‘Standards for Determining would define a runway that is used by
climb at a gradient roughly equivalent to Obstructions to Air Navigation,’’ aircraft using visual maneuvers for
1.6% (62.5:10) with one engine ‘‘Aeronautical Studies and landing or approach procedures that
inoperative (OEI), and clear obstacles by Determinations,’’ and ‘‘Petitions for bring the pilot to a point where the pilot
at least 35 feet vertically and at least 300 Discretionary Review.’’ This proposed must complete the approach visually.
feet horizontally. These procedures vary format aligns with the process sequence Before these technological advances,
widely among airlines, aircraft type, and used by the FAA for the current pilots made approaches using visual
aircraft configuration. Because building obstruction evaluation process and means or by relying on ground based
construction surrounding the nation’s would make finding information easier. equipment. Pilots are now able to
airports has steadily been increasing, conduct approaches to airports that
the airlines have requested that the Definitions have no ground-based approach
affect to their OEI procedures of The FAA proposes to amend current equipment by using a combination of
proposed structures be considered when definitions that are frequently used in visual references and flight management
the FAA conducts an aeronautical the obstruction evaluation process and systems.
study. to add new terms in § 77.3. These new
The agency is researching the matter, definitions are not currently defined in Requirement To File Notice With the
and at this time, has not determined FAA documents, and some of the FAA
whether or not rulemaking is the existing definitions currently in this Under current regulations, you must
appropriate vehicle to resolve this issue. subpart are no longer up-to-date with file notice with the FAA, via FAA Form
Consequently, this issue is outside the industry practices. A summary of these 7460–1, at least 30 days before
scope of this NPRM. proposed definitions or amendments construction begins or the date you
The Airport Obstruction Standards follows: submit an application for any type of
Committee (AOSC) has been tasked with Public use airport. This term amends State or local government construction
examining the issue. In September, the previously defined term ‘‘airport permit. The FAA is proposing to extend
2005, the AOSC hosted a meeting with available for public use.’’ The proposed the period from 30 days to 60 days
the users to gather information and definition describing the airport would before either construction begins or the
discuss this matter. In March, 2006, in be identical to the defined term ‘‘Public date that an application is submitted to
response to user requests, the FAA use’’ in 14 CFR part 157. state or local authorities for a permit,
whichever is earliest. The FAA’s must also consider the proposed The FAA also proposes removing
experience in processing notices and structure’s effect on other proposals § 77.19, Acknowledgement of Notice,
conducting aeronautical studies received by the FAA before the end of from the rule. The information
indicates that the 30-day period is too the comment period of an aeronautical previously contained in this section
brief, and most notices require more study of the proposed structure. would be contained in the new § 77.31.
than 30 days for study and processing. In considering this decision, the FAA
To assess the impact of a proposed Evaluating Aeronautical Effects
notes that this case specifically
structure on the navigable airspace, the addressed an aeronautical study that Subpart D of the current rule contains
FAA must first determine whether the was circulated for comment. Most general provisions about aeronautical
proposed structure is an obstruction aeronautical studies are not circulated studies, and the relevant factors used in
under the regulations. If the structure is for comment because they do not exceed considering the impact of proposed
an obstruction, the FAA then identifies FAA obstruction standards. In GOAA, construction or alteration in the
any adverse effects the proposed the court stated that ‘‘the only way to navigable airspace. The FAA proposes
structure may have on the navigable determine what is the safest, most to add a section entitled, Evaluating
airspace. This process often requires efficient use of airspace is to consider Aeronautical Effect, § 77.29, which
distribution of the proposal to the all proposals and comments received incorporates the specific factors listed in
aviation community and State/local during the comment period.’’ (939 F.2d, Public Law 100–223 for consideration
governments for additional information. 954, at 962) The FAA believes the during an aeronautical study. While this
If the FAA finds it necessary to solicit specific language does not appear in the
principle of the court’s holding in
additional information, the agency current regulations, the proposed
GOAA should be applied not only to
provides 30 days for notified parties to inclusion of this language does not add
cases that are circulated for comment,
submit comment. A problem arises for or delete any factors currently
but also to cases that are not circulated
all concerned parties when the FAA considered in an aeronautical study.
for comment. The FAA proposes to
cannot complete the aeronautical study This proposal merely incorporates the
consider the aeronautical effect of
until after the comment period closes. statutory provisions into part 77 and
proposed structures on planned or
The 30-day period to provide the agency provides the public with more specific
proposed airports for which the FAA
with notice of proposed construction or information about the factors the FAA
has received actual notice prior to the
alteration does not allow the FAA considers in determining the effect of a
issuance of an agency determination for proposed construction or alteration on
adequate time to consider all comments that study.
received during the circularization the navigable airspace.
process in a timely manner. Therefore, Currently, in those cases where the
agency receives actual notice of a EMI Notice Requirements
the FAA is proposing that notice must
be filed 60 days before either the date planned or proposed airport but the As previously stated, section 206 of
that construction begins or the date you comment period has closed, the agency Public Law 100–223 requires that
submit an application for any State or does not consider the proposed aeronautical studies under part 77
local government permit, whichever is structure in view of the planned or consider whether proposed construction
earliest. This would facilitate the proposed airport. The FAA’s proposed or alteration of structures could cause
completion of aeronautical studies in a language goes beyond the decision in interference to air navigation, radio
timely manner. GOAA. The FAA believes the statutory communication, and/or surveillance
mandate to determine the safest and facilities or equipment, such as radar or
GOAA Decision most efficient use of the airspace should an instrument landing system (ILS). It is
Under current regulations, obstruction warrant consideration of any proposal evident by the legislative history of this
standards are applied to an existing for a planned or proposed airport that is statutory provision that Congress
airport facility or a planned or proposed filed with the FAA up to the date that intended for the FAA to include EMI as
airport facility. These standards are also determination is issued for that a factor during aeronautical studies.
applied if a proposal for such an airport particular case. This latitude provides H.R. 2310, which subsequently became
is ‘‘on file’’ with the FAA or with the the FAA with the most up-to-date Public Law 100–223, was amended in
appropriate military service on the date information in considering aeronautical conference. Specifically, the conference
that FAA Form 7460 (for proposed effect, which results in the most substitute on Issue 54, Tall Towers,
construction/alteration) is filed with the accurate determination. stated the following: ‘‘Senate provisions,
FAA. If the FAA determines the No Notice Required modified to clarify that requirements
proposed structure is an obstruction, we cover structures which create
conduct an additional study to The FAA proposes to remove § 77.15, electromagnetic interference.’’
determine the proposed structure’s Construction or Alteration Not Therefore, the FAA is proposing to
effect on the safe and efficient use of the Requiring Notice, and § 77.19, require notice of new construction or
navigable airspace. Among other factors, Acknowledgement of Notice. Currently alteration that may result in EMI to air
the study includes consideration of the § 77.15 notes certain proposed navigation, radio communication,
proposal’s aeronautical effect on any construction or alteration activities for surveillance services, and facilities.
existing or planned public use or which notice to the FAA is not required. The FAA proposes to require that
military airports, air navigation These same exceptions to the notice notice be filed for the following:
facilities, procedures, or other proposal requirement have been incorporated (1) Any construction of a new, or
on file with the FAA or on file with an into proposed § 77.9, which explains modification of an existing facility,
appropriate military service. those types of construction or alteration i.e.—building, antenna structure, or any
The decision in GOAA affects this that require notice to be filed with the other man-made structure, which
long-standing FAA policy and practice FAA. This change would place all supports a radiating element(s) for the
as to the consideration given to plans on information relevant to the filing of purpose of radio frequency transmission
file with the FAA or with the notices in one section of the rule and operating on the following frequencies:
appropriate military service. In the create easier access to information with (i) 54–108 MHz
GOAA case, the court held the FAA less confusion. (ii) 150–216 MHz
(iii) 406–420 MHz pilots or air traffic controllers can miss significant. Thus, the FAA believes it is
(iv) 932–935/941 MHz vital flight communications. necessary to require that notice be filed
(v) 952–960 MHz Also, private land mobile radio for this type of change so it may be
(vi) 1390–1400 MHz services that use frequencies, 72–76 studied.
(vii) 2500–2700 MHz MHz, 150–174 MHz, and 406–420 MHz The FAA is also proposing to require
(viii) 3700–4200 MHz can create EMI. These frequencies either sponsors of construction or alteration to
(ix) 5000–5650 MHz overlap or are adjacent to current notify the FAA when making
(x) 5925–6525 MHz frequencies that the FAA uses for radio modifications of radiating elements that
(xi) 7450–8550 MHz navigation marker beacons (75 MHz), operate a frequency in accordance with
(xii) 14.2–14.4 GHz government land mobile facilities (162– § 77.9 (e)(1)(i) through (xiii).
(xiii) 21.2–23.6 GHz 174 MHz), and remote maintenance Modifications of radiating elements
(2) Any changes or modifications to a monitoring facilities (406.1–420 MHz). include a height increase of 100 feet or
system operating on one of the Also, public mobile services (e.g.— more and modifications to the antenna
previously-mentioned frequencies, paging services) using frequencies in the specifications (including gain, beam-
when specified in the original FAA 152–159 MHz band can affect width, polarization, and pattern). Since
determination, including: government land mobile radio systems an increase in the height of an antenna,
(i) Change in the authorized operating in 162–174 MHz. Although gain, and beam-width of an antenna
frequency; these services are not directly adjacent may expand the area of coverage, such
to the FAA’s frequency allocations, a modification may impact FAA
(ii) Addition of new frequencies;
harmful EMI can be caused by various navigation and communication facilities
(iii) Increase in effective radiated
spurious emissions and harmonics from that were not previously studied.
power (ERP) equal or greater than 3
the equipment. If EMI is introduced to However, it must be noted that under
decibels (db);
these FAA facilities, a pilot may lose current regulations, an increase of
(iv) Modification of radiating
critical landing information, and antenna height, which also increases the
elements such as:
datalink communications of ground overall height of antenna structure by
(A) Antenna mounting location(s) if
systems may become unreliable. This more than 20 feet, irrespective of the
increased 100 feet or more, irrespective
could ultimately cause a facility to stop antenna height increase, requires notice
of whether the overall height is
operating. to be filed with the FAA. These
increased; Moreover, public fixed radio services proposed amendments do not change
(B) Changes in antenna specifications using frequencies 2500–2700 MHz that requirement.
(including gain, beam-width, operate in a frequency band adjacent to For example, FM antennas are made
polarization, pattern); the FAA’s authorized frequency band up of one to 14 sections that are placed
(C) Change in antenna azimuth/ for terminal and weather radars (2700– on the tower in various configurations.
bearing (e.g.—point-to-point microwave 3000 MHz). EMI could reduce the range The FAA has found that sometimes,
systems). of the radar to reliably detect targets or when specifying the antenna
Antenna towers that are used for radio weather. EMI could also produce false configuration, EMI is reduced or
broadcast services present a unique targets or weather indications. eliminated. However, if there is a
concern. FM band broadcast facilities Likewise, fixed microwave services change to the antenna configuration,
use frequencies in the 88–108 MHz operating in frequency bands; 941–944 EMI may be created and may
band. The FM band is immediately MHz, 952–960 MHz, 14.2–14.4 GHz, compromise critical components of the
adjacent to the FAA’s navigation/ 21.2–23.6 GHz, require notification to National Airspace System. Therefore,
communications band (108–137 MHz) the FAA. Wireless services in these the FAA is proposing to require notice
and uses a much greater transmitting bands operate frequencies that are either prior to making any change in the type
power than the FAA Very High adjacent to or co-channel with the of antenna when the antenna type has
Frequency Omni-directional Range FAA’s facilities operating on 941–944 been specified in the original FAA
Station (VOR), ILS, or communications MHz, 960–1215 MHz, 14.4–15.35 GHz, determination.
system. When EMI affects a VOR or ILS, 21.2–23.6 GHz. EMI could cause The FAA requires notice of
inaccurate navigational guidance may degradation in voice or data signals construction or modification to the
result that is not apparent to the pilot. used by other FAA facilities to antenna bearings/azimuths, especially
The navigational guidance may communicate or provide navigational those for microwave systems. The
erroneously show that an aircraft is on aid to pilots. change in bearing/azimuth could
course when in fact, it may be off Wireless services operating in 1390– potentially impact FAA facilities that
course. In air-to-ground 1400 MHz are adjacent to the FAA’s were not considered during the initial
communications, EMI can cause pilots radar band. EMI to these FAA facilities study based on the initial parameters for
or air traffic controllers to miss vital could reduce the range of the radar to the particular microwave system.
flight communications transmissions. reliably detect targets or weather. EMI Although not required, for many years
Similarly, the VHF–TV bands (54–72 could also produce false targets or many private industry entities have
MHz, 76–88 MHz, and 174–216 MHz) weather indications. been filing notices voluntarily with the
are adjacent to or very close to Because some frequency changes FAA when constructing a new antenna
frequencies used by FAA radio could result in interference, the FAA tower. In addition, many companies
navigation bands for marker beacons (75 proposes to require that notice must be have been voluntarily filing notices with
MHz), government land mobile facilities filed for any changes of the authorized the FAA when changing frequencies or
(162–174 MHz), and bands used for frequency by a proponent whose system frequency power which had already
communication with the military air operates a frequency in accordance with been studied by the FAA. This practice
traffic (225–328.6 MHz). When EMI the frequencies previously listed in this has allowed the FAA to study potential
affects these bands, critical landing section. Any increase in effective EMI effects and avoid potentially
information may be lost, datalink radiated power that exceeds 3 db is hazardous situations. The FAA does not
communications of ground systems may measurable and the additional believe these proposals would present a
become unreliable, and as stated before, interference generated may be significant increase in the number of
notices filed since most private industry along with the obstruction standards for In order for the FAA to properly
wireless providers already submit physical obstructions. assess the impact of proposed
notices to the FAA. These proposals For the same reasons stated in the construction or alterations on any
reflect a practice currently in place and section describing the frequencies for aircraft conducting an approach while
used by most companies. We are which the FAA proposes that notice be operating under instrument flight rules
proposing to require such notification filed, the FAA proposes that any (IFR), the FAA must consider proposed
for those few companies who have not radiating element seeking to transmit in structures that would affect all FAA-
already adopted this practice. those exact same frequencies must be approved IAPs, regardless of whether
studied in order to determine whether the procedure is at a public or private
EMI—Obstruction Standards potential interference exists to FAA use airport. Therefore, the FAA is
Subpart C of part 77 contains the navaids or communications systems. proposing to require that notice of
standards used in an aeronautical study Transmitting in these frequencies, as construction or alteration on or near a
to determine whether a structure is an discussed previously, may interfere private use airport or heliport must be
obstruction to air navigation. If a with FAA navaids and communication filed with the FAA if that private use
structure exceeds any one of these systems that are adjacent to or very near airport or heliport has at least one FAA-
standards, the FAA then conducts a these frequencies. Thus, the frequencies approved IAP. It is important to note the
further study to determine whether the that would warrant notification to the FAA is not requiring notice of proposed
structure is a hazard to air navigation. FAA under this proposal are the same construction on or near all private
FAA Order 7400.2, Procedures for frequencies for which the FAA would airports; the FAA is only proposing that
Handling Airspace Matters, articulates categorize the transmitting facility as an notice be filed for construction or
the primary methods for conducting obstruction and result in further alteration at or near a private use airport
aeronautical studies to ensure the safety aeronautical study. that has at least one FAA-approved IAP.
of air navigation and the efficient use of During the aeronautical evaluation, IAPs at private use airports or
the navigable airspace by aircraft. There the FAA will apply the policies and heliports are not currently listed in any
are many varied demands placed on the procedures in FAA Orders 7400.2 and aeronautical publication. The FAA
use of navigable airspace. The FAA’s 6050.32 to determine adverse effect. proposes to post the private use airports
objective is to provide for the efficient This proposal does not alter or affect and heliports with IAPs on the FAA’s
use of the national airspace system and any of these policies. The FAA has Obstruction Evaluation Web site. The
protect air navigation facilities from applied these policies since the late FAA solicits comments about whether
either electromagnetic or physical 1970s and will continue to do so with using the Web site for distribution of
encroachments that would preclude this proposal. this information would be effective, and
normal operations. requests information about any other
Currently, the FAA assumes a FAA-Approved Instrument Approach
Procedures way the agency could distribute this
structure that exceeds one or more of information. If this proposal is adopted,
the standards in part 77 is a hazard to Section 44718 of title 49 of the U.S.C., sponsors of construction or alteration at
air navigation unless the aeronautical in part, provides that ‘‘a person must or near a private use airport or heliport
study determines otherwise. An give adequate public notice * * * when must consult the Web site to determine
aeronautical study identifies the effect the notice will promote—(1) safety in air whether an FAA-approved IAP is listed
of the proposal on: (1) Existing and commerce; and (2) the efficient use and for that airport. If the airport is listed on
proposed public-use and military preservation of the navigable airspace the Web site, the sponsor would be
airports or aeronautical facilities; (2) and of airport traffic capacity at public- required to file a notice with the FAA.
existing and proposed VFR and IFR use airports.’’ (49 U.S.C. 44718) The regulatory obstruction standards
departure, arrivals and en route Paragraph (b) requires that the FAA and agency policy for determining
operations, procedures, and minimum consider numerous ‘‘factors relevant to substantial adverse effect on aircraft
flight altitudes; (3) any physical, the efficient and effective use of the instrument operations would apply
electromagnetic or line-of-sight navigable airspace, including * * * the similarly to proposed structures at or
interference on existing or proposed air impact on arrival, departure, and near private use airports and heliports
navigation communications, radar and enroute procedures for aircraft operating that have at least one FAA approved
control systems facilities; (4) airport under instrument flight rules.’’ IAP. The FAA notes that usually the
capacity, as well as the cumulative Certain instrument approach number of aircraft operations at private
impact resulting from the structure procedures (IAPs) have been developed use airports and heliports is minimal,
when combined with the impact of and approved by the FAA for limited and most proposed construction or
other existing or proposed structures; use by specific users. Often, specific alteration would not meet the criteria
and (5) whether marking or lighting is equipment and training are required to for a hazard determination. However,
necessary on the structure. conduct these approaches, so IAPs are knowledge of proposed construction or
The FAA currently studies radiating available only to designated users. alteration that exceeds the obstruction
elements and their effect on FAA There has been an increase in the standards in § 77.17, which has an FAA-
navigational and communication number of IAPs developed and approved IAP, would give the FAA
facilities under the agency’s authority in approved by the FAA for use at private adequate time and opportunity to adjust
49 U.S.C. 40103 and 40113. The use airports and at heliports serving the IAP, if warranted, and to distribute
standards used for classifying antenna medical facilities. Notice of construction the information to those who use the
structures as obstructions, as well as the or alteration near a private use airport IAP.
specific policy on determining EMI, are is not currently required under part 77.
found in Orders 7400.2, Procedures for Consequently, the FAA may not be Obstruction Standards—Objects
Handling Airspace Matters, and Order aware of proposed construction or Currently, part 77 states that a
6050.32, Spectrum Management alteration that may impact aircraft proposed or existing structure is an
Regulations and Procedures Manual. executing the IAP at that private use obstruction to air navigation if it is
The FAA is proposing to codify new airport and could affect the safety of that higher than 500 feet above ground level
EMI obstruction standards in part 77 operation. (AGL) at the site of the object. Therefore,
a structure that is proposed at a height identification surfaces as defined in The FAA is proposing to remove the
of exactly 500 feet is not included and FAA Order 8260.3, United States term ‘‘utility runway’’ and replace it
is not an obstruction. Standard for Terminal Instrument with the phrase ‘‘runways used by small
The FAA is proposing to amend this Procedures (TERPS). While this may aircraft.’’ In addition, the FAA is
obstruction standard to identify a result in more structures classified as proposing to use the following three
proposed structure as an obstruction if obstructions, it does not necessarily categories of runway types in
it exceeds 499 feet. Navigable airspace mean that more structures would, in determining the primary surface width:
is defined as the airspace above the fact, be hazards. These proposed (1) If the runway is visual, used by small
minimum altitudes of flight prescribed amendments would provide the FAA aircraft, or restricted to day-only
by regulation, including airspace with the ability to identify and study instrument operations, then the width of
needed to ensure safety in the takeoff more structures to ensure the integrity the primary surface would be 250 feet;
and landing of aircraft (49 U.S.C. of instrument procedures and to (2) if the runway is visual or used by
40102). FAA regulation governing maintain traffic capacity. other than small aircraft during VFR-
minimum safe altitudes generally Presently, the ‘‘primary surface’’ is only operations or day/night instrument
provides that aircraft may not be longitudinally centered on the runway. operations, then the primary surface
operated below 500 feet above the The elevation of any point on the width would be 500 feet; and (3) if the
surface over non-congested areas. The primary surface is the same as the runway is a nonprecision or precision
minimum altitude is higher over elevation of the nearest point on the instrument runway, then the primary
congested areas. (See 14 CFR 91.119.) runway centerline. Moreover, if a surface width would be 1,000 feet. By
Under this proposed amendment, all runway has a specially prepared hard adopting these terms and categories,
structures that are 500 feet tall or more surface (such as asphalt or concrete), the which are similar to the terms and
would be obstructions under part 77, primary surface extends 200 feet beyond categories used by the FAA in airport
and would be studied by the FAA to each end of that runway; if a runway design documents, the rule setting forth
determine their effect on the navigable has no specially prepared or planned the primary surface would be amended
airspace. This proposal would ensure hard surface, the primary surface ends from five runway types to three runway
that all usable airspace at and above 500 at each end of that runway. Also, the types.
feet AGL is addressed during the width of the primary surface depends Also, the FAA proposes to reformat
aeronautical study. on the type of runway and the IAP this section from text to a chart format.
serving the runway. This would help readers find the
Civil Airport Imaginary Surfaces This action proposes to amend the requirements quickly and aid
The current § 77.25 describes civil description of the ‘‘primary surface’’ understanding. We solicit comments on
airport runway imaginary surfaces, when there is an instrument approach whether this format clarifies the
which are used to determine whether a procedure for that runway, irrespective imaginary surface obstruction standards.
proposed structure would be an of the type of runway surface. The basis The FAA also proposes to amend the
obstruction to air navigation at civil for this proposal is that IAPs for imaginary approach surface. Currently,
airports. Presently, part 77 regulations runways that do not have a specially the approach surface is defined as a
describe five imaginary surfaces: (1) prepared hard surface are becoming surface longitudinally centered on the
Horizontal surfaces; (2) conical surfaces; more prevalent in remote areas of the extended runway centerline and
(3) primary surfaces; (4) approach country, such as parts of the western extending outward and upward from
surfaces; and (5) transitional surfaces. If United States. For these runways, the each end of the primary surface. The
a proposed structure penetrates any one FAA believes that it is necessary to width of the approach surface currently
of these imaginary surfaces, then the amend the description of the primary ranges from 1,250 feet for utility
structure is an obstruction. The FAA surface to include the 200 feet extension runways with only visual approaches, to
then conducts an aeronautical study to beyond the end of the runway to 16,000 feet for precision instrument
determine whether the obstruction accommodate the IAP. The FAA runways. Also, the approach surface
adversely affects a significant number of believes this amendment would help to extends for a horizontal distance of
operations and therefore would be a keep the necessary clearance from 5,000 feet at a slope of 20 to 1 for visual
hazard to navigation. The FAA proposes obstacles at airports that have IAPs, but runways, to more than 40,000 feet at a
to amend certain imaginary surfaces, do not have specially prepared hard slope of 40 to 1 for all precision
which would broaden their surfaces. instrument runways. This action
applicability. Changing these surfaces As previously stated, the term ‘‘utility proposes to amend the approach surface
may result in more proposed structures runway’’ is no longer being used by the description by adopting the same
being classified as obstructions, if the FAA. Therefore, the FAA is proposing runway type descriptions previously
structure penetrates the surfaces. At the to remove the term in current § 77.25 discussed for the primary surfaces.
present time, the lateral dimensions of and replace it with the phrase, Therefore, if the runway is a visual
the imaginary surfaces do not ‘‘runways used by small aircraft.’’ runway, or used by small aircraft during
encompass the same lateral airspace the (Small aircraft, as defined in 14 CFR VFR operations, or restricted to day only
FAA uses to establish instrument part 1, are aircraft with a maximum instrument operations, the surface
procedures. Because of this certificated takeoff weight of 12,500 width would expand uniformly to 1,250
inconsistency in the dimensions of pounds or less.) feet. If the runway is a visual runway,
surface airspace, the FAA finds that In determining the width of the or used by other than small aircraft
certain structures do not fall within the primary surface, the current regulation during VFR operations, or for day/night
surface area for an obstruction. specifies different widths for ‘‘utility operations the surface width would
Consequently, the FAA does not study runways’’ and for ‘‘other than utility expand uniformly to 3,500 feet. If the
them, but they may ultimately affect an runways.’’ These two runway types are runway is a nonprecision instrument or
instrument procedure. Amending the further categorized as visual approach, precision instrument runway, the
imaginary surfaces, as proposed here, instrument approach with surface width would expand uniformly
would more closely align the imaginary distinguishing flight visibility to 4,000 feet and 16,000 feet
surfaces under part 77 with the obstacle minimums, and day or night criteria. respectively.
The proposed amendments to runway The FAA has been working for many official who issued the Determination of
type descriptions support instrument years to bring about uniformity and No Hazard. The current rule contains no
approach circle to land maneuvers. consistency among criteria for airports, provision for the period for which an
Generally, a circling approach maneuver instrument approach procedures and extension may be granted, and generally
is conducted when a straight-in landing obstructions. This proposal would it is extended for however long the FAA
to a runway is not possible due to amend the applicable sections of part 77 official deems appropriate.
winds, or in those cases when the obstruction standards to more closely The FAA considers the proposed
approach is designed too steep for align with the standards that are structure when creating or amending
straight-in landing. The circling currently used by the FAA in the airport flight procedures or air traffic operations
approach maneuver requires the pilot to design and TERPs for instrument in the area. In effect, the airspace is
visually acquire the airport environment procedures. reserved for the structure until the FAA
and continue to the airport using visual These specific proposals about is advised otherwise. Currently, when
references for landing. Pilots must see surfaces do not change the notice the FCC grants an extension to a
and avoid obstacles as they make the requirements for proposed construction construction permit, the FAA
transition from relying on instrument or alteration of existing structures. determination is automatically
navigation to visually flying the aircraft. However, amending the runway extended. However, there have been
This maneuver may be conducted with imaginary surfaces (primary and cases in the past where air traffic
minimum flight visibility, which approach surfaces), as discussed operations or flight procedures have
requires the area where the circling previously, may expand the number of been delayed or adjusted for years to
maneuver is conducted to be free from structures that exceed the obstruction accommodate a proposed structure that
obstructions. standards and require further study by was never actually built. For this reason,
Other specific changes include the FAA to determine whether the the FAA is proposing to allow, upon
removing approach surface widths of structure is a hazard to air navigation. request, a one-time extension of a no-
1,500 feet (ft.) and 2,000 ft, and By studying more proposed obstructions hazard determination for up to 18
increasing the approach surface width that are in areas critical to aircraft months for a structure that is not subject
for nonprecision runways from 2,000 ft. takeoffs and landings, the FAA will to FCC review. If a proponent requires
to 4,000 ft. These proposed widths are increase its ability to maintain the a longer time period, a new Form 7460
consistent with the slopes set forth in integrity and safety of instrument (Notice of Proposed Construction or
TERPS and provide for consistent approaches, as well as airport capacity Alteration) must be submitted to the
application for instrument approach and efficiency. It is important to note FAA to restudy the proposed structure.
procedure development and obstacle that exceeding part 77 obstruction The FAA believes that for structures
clearance. standards alone does not necessarily not subject to FCC review, the extension
The FAA is proposing to amend the identify a structure as a hazard until of a Determination of No Hazard should
primary surface and the approach further study is conducted. be limited to a maximum of 18 months.
surface for several reasons. TERPS has If more than 18 months would be
expanded the requirements for Antenna Farms necessary, then a new aeronautical
obstruction clearance in the visual area The current subpart F describes the study would be initiated. We believe
of instrument approach procedures. scope, policy, and general provisions for that this proposal would result in more
This includes a new visual area the establishment of antenna farms. An efficient use of airspace and provide the
assessment for runways where a pilot antenna farm is an area in which FAA with more flexibility when
can circle to land from an instrument antenna structures may be grouped to adopting new flight procedures or air
approach. The proposed changes to the localize their effect on the use of the traffic operations.
airport imaginary surfaces support the navigable airspace. The current The current rule also provides that if
more stringent TERPS requirements for regulatory provision for the the proposed construction cannot be
visual area protection. Without these establishment of antenna farm areas has started before the FCC issues an
changes, an obstruction may be built never been used, nor has the need to appropriate construction permit, the
without the benefit of an aeronautical designate antenna farms been effective period of a Determination of
study being conducted by the FAA to demonstrated. During this rulemaking No Hazard includes: (1) The time
determine the impact on instrument action, the FAA consulted with the FCC required to apply for a construction
operations and the navigable airspace. about this specific proposal. The FCC, permit from the FCC, but not more than
These proposed changes would more who also has authority to propose an 6 months after the effective date of the
closely align regulatory provisions in antenna farm under this part, has no Determination of No Hazard; and (2) the
part 77 with TERPS criteria and airport objection to removing this section. time needed for the FCC to process the
design standards. The inconsistency Therefore, the FAA is proposing to application, except in cases where the
between instrument approach procedure delete subpart F. FAA determines that a shorter period is
criteria, airport design standards, and warranted by the circumstances. When
part 77 is a source of confusion and Extension to a Determination of No the FCC issues an appropriate
frustration among both airport managers Hazard construction permit, the Determination
and the FAA. Currently, airport The current rule provides that the of No Hazard is effective until the date
managers clear obstructions from the effective period of a ‘‘Determination of prescribed in the FCC permit for
existing part 77 imaginary surfaces to No Hazard’’ (unless subject to an completion of the construction. If the
support a flight operation only to find appropriate construction permit from FCC refuses to issue a permit, the final
the instrument procedure criteria is the Federal Communications determination expires on the date of the
more stringent than the current Commission) expires 18 months after its FCC’s refusal.
obstruction standards. Thus, the effective date unless it is otherwise The FAA proposes that for structures
proposed IAP may be denied, which can extended, revised, or terminated. The subject to an appropriate FCC
result in unnecessary cost and delays, current rule also allows the sponsor of construction permit, a Determination of
and the possible reduction in airport construction to request an extension of No Hazard may be extended for 12
efficiency and capacity. the expiration date from the FAA months, provided the sponsor has
submitted evidence that an application recommendations for marking and construction or alteration of structures
for a construction permit was filed and lighting. Because of the nature of near private-use airports that have an
that additional time is needed because temporary structures, it is not feasible to FAA approved instrument approach
of FCC requirements. If the FCC extends apply the discretionary review process procedure. This proposal, if adopted,
the original FCC construction to these structures. Additionally, since would also increase the number of days
completion date, an extension of the marking and lighting recommendations in which a notice must be filed with the
FAA Determination of No Hazard must are simply recommendations, there is a FAA before beginning construction or
be requested by the sponsor from the separate process in Advisory Circular alteration; add and amend definitions
issuing FAA regional office. (AC) 70/7460–1J, Obstruction Marking for terms commonly used during the
and Lighting, which provides aeronautical evaluation process; and
Effective Period of Determinations
procedures for a waiver of, or deviation remove the provisions for public
The current rule contains a section from, the recommendations. The FAA hearings and antenna farms. Lastly, the
that addresses the effective period of a does not find it necessary to extend the FAA proposes to retitle the rule and
determination. Information about a discretionary review process to these reformat it into sections that closely
determination’s effective date is determinations. reflect the aeronautical study process.
contained in the actual determination These proposals incorporate case law
issued to the sponsor, but this Public Hearings
and legislative action, and simplify the
information is not included in the The current subpart E lists the rules rule language. The intended effect of
regulations. The FAA proposes to of practice for a public hearing about a these proposed changes is to improve
include a regulatory provision that proposed construction or alteration of a safety and promote the efficient use of
provides for a determination to become structure. The purpose of the public the National Airspace System.
effective 40 days after the date of hearing as cited in this section is fact
Use of: The FAA uses the information
issuance, unless a petition for finding and non-adversarial in nature.
The hearing procedures cited in collected to determine the effect the
discretionary review is filed and
received by the FAA within 30 days of subpart E have not been used in recent proposed construction or alteration
the date of issuance. This would years since petitioners are given ample would have on air navigation by
provide information about proposed opportunity to submit all the material analyzing the physical and/or
structures to the general public who they believe is necessary to support electromagnetic effect that the structure
may have an interest in proposed their positions. Further, the courts have would have on air navigation
construction or alteration projects. upheld a review process exclusively procedures, air navigation and/or
based on the submission of written communication facilities. The following
Petitions for Discretionary Review factors are considered:
materials by the petitioner. Therefore,
Currently, sponsors or persons who the FAA is proposing to delete current • The impact on arrival, departure,
have a substantial aeronautical objection subpart E in its entirety. and en route procedures for aircraft
to an issued determination, or persons visual and instrument flight rules.
who were not given an opportunity to Paperwork Reduction Act • The impact on existing and planned
comment during the aeronautical study This proposal contains the following public-use airports and aeronautical
process, may petition the FAA for new information collection facilities.
discretionary review. The FAA is requirements. As required by the • The cumulative impact resulting
proposing to include information about Paperwork Reduction Act of 1995 (44 from the proposed construction or
processing petitions for discretionary U.S.C. 3507(d)), the FAA has submitted alteration of a structure when combined
review to simplify and clarify the the information requirements associated with the impact of other existing or
process. This proposal codifies current with this proposal to the Office of proposed structures.
policies and practices but does not alter Management and Budget for its review. Without collection of this
the petition process. In addition, the Title: Safe, Efficient Use and
information, safety of air navigation
FAA is proposing to clarify that, if the Preservation of the Navigable Airspace.
cannot be ensured.
last day of the 30-day filing period falls Summary: The FAA proposes to
on a weekend or a day the Federal amend the regulations governing objects Respondents (including number of):
Government is closed, the last day of the that may affect the navigable airspace. The FAA estimates that there will be
filing period would be the next business Specifically, the FAA is proposing to 26,794 respondents to this proposed
day that the Federal Government is add notification requirements and information requirement. Respondents
open. obstruction standards for include individuals, small businesses,
The current rule excludes from the electromagnetic interference and amend and large corporations.
discretionary review process an FAA the obstruction standards for civil Frequency: The FAA estimates
determination that a structure does not airport imaginary surfaces to more respondents will file notices on
exceed obstruction standards. The FAA closely align these standards with FAA occasion.
proposes to also exclude from the airport design and instrument approach Annual Burden Estimate: This
discretionary review process ‘‘No procedure criteria. The FAA proposes to proposal would result in an annual
Hazard determinations’’ issued for require proponents to file with the recordkeeping and reporting burden as
temporary structures and agency a notice of proposed follows:
Forms to be Time
Requirement Cost
filled out (hours)
FAA Form 7460–1 ....................................................................................................................... 3,824 1,223.68 $1,368,905

P.L. 100–23 ................................................................................................................................. 22,970 7,350.40 6,224,870
Total ...................................................................................................................................... 26,794 8,574.08 7,593,775
The agency is soliciting comments entities. Third, the Office of Monetary values expressed in 2004
to— Management and Budget directs dollars
(1) Evaluate whether the proposed agencies to assess the effect of Cost for an individual to file an OE
information requirement is necessary for regulatory changes on international notice or an EMI notice—$10
the proper performance of the functions trade. In conducting these analyses, the Cost for a consulting firm to file an OE
of the agency, including whether the FAA has determined that this proposed notice or an EMI notice—$445
information will have practical utility; rule: (1) Would generate benefits that Cost for the FAA to review and process
(2) Evaluate the accuracy of the justify its additional costs and is not a an OE notice or an EMI notice—$520
agency’s estimate of the burden; ‘‘significant regulatory action’’ as Initial Regulatory Flexibility
(3) Enhance the quality, utility, and defined in the Executive Order; (2) is Determination
clarity of the information to be not significant as defined in the
collected; and Department of Transportation’s The Regulatory Flexibility Act of 1980
(4) Minimize the burden of the Regulatory Policies and Procedures; (3) establishes ‘‘as a principle of regulatory
collection of information on those who would not have a significant impact on issuance that agencies shall endeavor,
are to respond, including through the a substantial number of small entities; consistent with the objective of the rule
use of appropriate automated, (4) would not constitute a barrier to and of applicable statutes, to fit
electronic, mechanical, or other international trade; and (5) would not regulatory and informational
technological collection techniques or contain any Federal intergovernmental requirements to the scale of the
other forms of information technology. or private sector mandate. These business, organizations, and
Individuals and organizations may analyses are summarized here in the governmental jurisdictions subject to
submit comments on the information preamble, and the full Regulatory regulation.’’ To achieve that principle,
collection requirement by August 11, Evaluation is in the docket. the Act requires agencies to solicit and
2006, and should direct them to the consider flexible regulatory proposals
address listed in the ADDRESSES section Total Costs and Benefits of This and to explain the rationale for their
of this document. Comments also Rulemaking actions. The Act covers a wide-range of
should be submitted to the Office of The FAA estimates the cost to private small entities, including small
Information and Regulatory Affairs, industry would be approximately $13.7 businesses, not-for-profit organizations
OMB, New Executive Building, Room million ($8.8 million, discounted) over and small governmental jurisdictions.
10202, 725 17th Street, NW., the next 10 years. The estimated cost of Agencies must perform a review to
Washington, DC 20053, Attention: Desk the proposed rule to the FAA would be determine whether a proposed or final
Officer for FAA. approximately $19.9 million ($12.8 rule will have a significant economic
According to the 1995 amendments to million, discounted) over the next 10 impact on a substantial number of small
the Paperwork Reduction Act (5 CFR years. Therefore, over the next 10 years, entities. If the determination is that it
1320.8(b)(2)(vi)), an agency may not the total cost associated with the will, the agency must prepare a
collect or sponsor the collection of proposed rule would be approximately regulatory flexibility analysis (RFA) as
information, nor may it impose an $33.6 million ($21.5 million, described in the Act.
information collection requirement discounted). However, if an agency determines that
unless it displays a currently valid OMB There are two main qualitative safety a proposed or final rule is not expected
control number. The OMB control benefits of the proposed rule. First, this to have a significant economic impact
number for this information collection proposal would enhance the protection on a substantial number of small
will be published in the Federal of air navigation aids in the vicinity of entities, section 605(b) of the 1980 Act
Register, after the Office of Management private use airports with FAA-approved provides that the head of the agency
and Budget approves it. instrument approach procedures. may so certify and an RFA is not
Second, the proposed rule would required. The certification must include
International Compatibility a statement providing the factual basis
protect the flying public from signal
In keeping with U.S. obligations interference from broadcast sources that for this determination, and the
under the Convention on International could disrupt vital communication or reasoning should be clear.
Civil Aviation, it is FAA policy to alter the performance of vital avionics. With regards to the impact of the
comply with International Civil proposed EMI requirements on small
Aviation Organization (ICAO) Standards Who Is Potentially Affected by This entities, as stated earlier, the FAA is
and Recommended Practices to the Rulemaking? proposing these requirements in
maximum extent practicable. The FAA This proposed rulemaking affects compliance with Public Law 100–223,
has reviewed the corresponding ICAO anyone who is proposing to construct a Section 206. Accordingly, the cost
Standards and Recommended Practices transmitting structure, who would associated with filing EMI notices
and has identified no new differences construct a transmitting structure, or would be attributed to the Act, and not
with these proposed regulations. who would alter an existing to the proposed rule.
transmitting structure (i.e. television While the FAA does not maintain
Regulatory Evaluation Summary data on the size of businesses that file
operators, radio stations, cellular phone
Changes to Federal regulations must providers). This rulemaking may also notices, the FAA estimates that
undergo several economic analyses. affect individuals or corporations approximated forty percent 1 of the OE
First, Executive Order 12866 directs that proposing construction because notices would be filed by small business
each Federal agency shall propose or obstruction standards modified by this (comprised of business owners and
adopt a regulation only upon a reasoned rule could result in more structures private-use airport owners) as defined
determination that the benefits of the determined to be obstructions. by the Small Business Administration.
intended regulation justify its costs. Consequently, in 2006 when the rule is
Second, the Regulatory Flexibility Act Our Cost Assumptions and Sources of expected to take effect, the FAA expects
requires agencies to analyze the Information approximately 3,140 OE notices would
economic effect of regulatory changes Discount rate—7%
on small businesses and other small Period of Analysis 2006—2015 1 This estimate is based on FAA expert opinion.
be filed. Of those applications filed, annually for inflation) in any one year Distribution, or Use (May 18, 2001). We
approximately 1,260 OE notices are by State, local, and tribal governments, have determined that it is not a
estimated to be filed by small businesses in the aggregate, or by the private sector; ‘‘significant energy action’’ under the
(using 40 percent assumption). such a mandate is deemed to be a executive order because it is not a
For those small businesses that are ‘‘significant regulatory action.’’ The ‘‘significant regulatory action’’ under
inexperienced in submitting the FAA currently uses an inflation- Executive Order 12866, and it is not
necessary paperwork, the FAA believes adjusted value of $ 128.1 million in lieu likely to have a significant adverse effect
they would either hire a consultant or of $100 million. on the supply, distribution, or use of
spend as much as the consultant fee This proposed rule does not contain energy.
($445) in staff time to understand, such a mandate. The requirements of
research, complete, and submit the List of Subjects in 14 CFR Part 77
Title II do not apply.
form(s). For the purpose of this Administrative practice and
regulatory flexibility assessment, the Executive Order 13132, Federalism
procedure, Airports, Airspace, Aviation
FAA assumes that it would cost all The FAA has analyzed this proposed safety, Navigation (air), Reporting and
small entities approximately $445 per rule under the principles and criteria of recordkeeping requirements.
case to meet the proposed requirements Executive Order 13132, Federalism. We
of part 77. determined that this action would not The Proposed Amendment
The FAA believes that any individual have a substantial direct effect on the In consideration of the foregoing, the
small business is unlikely to submit States, on the relationship between the Federal Aviation Administration
enough OE notices in a calendar year national Government and the States, or proposes to amend chapter I of title 14,
that would cost them more than $1,500 on the distribution of power and Code of Federal Regulations, by revising
(three notices including consultant fees responsibilities among the various part 77 to read as follows:
would cost approximately $1,335). The levels of government, and therefore
FAA does not consider $1,500 a year a would not have federalism implications. PART 77—SAFE, EFFICIENT USE, AND
significant cost. Therefore, the PRESERVATION OF THE NAVIGABLE
Administrator of the Federal Aviation Plain English AIRSPACE
Administration certifies that the Executive Order 12866 (58 FR 51735,
Subpart A—General
proposed rule would not have a Oct. 4, 1993) requires each agency to
significant economic impact on a write regulations that are simple and Sec.
substantial number of small entities. easy to understand. We invite your 77.1 Purpose.
77.3 Definitions.
The FAA solicits comments from comments on how to make these
affected entities with respect to this proposed regulations easier to Subpart B—Notice Requirements
finding and determination and requests understand, including answers to 77.5 Applicability.
that all comments be accompanied by questions such as the following: 77.7 Form and time of notice.
clear documentation. • Are the requirements in the 77.9 Construction or alteration requiring
proposed regulations clearly stated? notice.
International Trade Impact Assessment • Do the proposed regulations contain 77.11 Supplemental notice requirements.
The Trade Agreement Act of 1979 unnecessary technical language or Subpart C—Standards for Determining
prohibits Federal agencies from jargon that interferes with their clarity? Obstructions to Air Navigation or
engaging in any standards or related • Would the regulations be easier to Navigational Aids or Facilities
activities that create unnecessary understand if they were divided into 77.13 Applicability.
obstacles to the foreign commerce of the more (but shorter) sections? 77.15 Scope.
United States. Legitimate domestic • Is the description in the preamble 77.17 Obstruction standards.
objectives, such as safety, are not helpful in understanding the proposed 77.19 Civil airport imaginary surfaces.
considered unnecessary obstacles. The regulations? 77.21 Department of Defense (DoD) airport
statute also requires consideration of Please send your comments to the imaginary surfaces.
international standards and where address specified in the ADDRESSES 77.23 Heliport imaginary surfaces.
appropriate, that they be the basis for section. Subpart D—Aeronautical Studies and
U.S. standards. Determinations
In accordance with the above statute, Environmental Analysis
77.25 Applicability.
the FAA has assessed the potential FAA Order 1050.1E identifies FAA 77.27 Initiation of studies.
effect of this proposed rule and has actions that are categorically excluded 77.29 Evaluating aeronautical effect.
determined that it would have only a from preparation of an environmental 77.31 Determinations.
domestic impact and therefore create no assessment statement under the 77.33 Effective period of determinations.
obstacles to the foreign commerce of the National Environmental Policy Act 77.35 Extensions, terminations, revisions
United States. (NEPA) in the absence of extraordinary and corrections.
circumstances. The FAA has Subpart E—Petitions for Discretionary
Unfunded Mandates Assessment
determined this proposed rulemaking Review
The Unfunded Mandates Reform Act action qualifies for the categorical 77.37 General.
of 1995 (the Act) is intended, among exclusion identified in paragraph 312f 77.39 Contents of a petition.
other things, to curb the practice of and involves no extraordinary 77.41 Discretionary review results.
imposing unfunded Federal mandates circumstances. Authority: 49 U.S.C. 106(g), 40103, 40113–
on State, local, and tribal governments.

Regulations That Significantly Affect 40114, 44502, 44701, 44718, 46101–46102,
Title II of the Act requires each Federal 46104.
agency to prepare a written statement Energy Supply, Distribution, or Use
assessing the effects of any Federal The FAA has analyzed this NPRM Subpart A—General
mandate in a proposed or final agency under Executive Order 13211, Actions
rule that may result in an expenditure Concerning Regulations that § 77.1 Purpose.
of $100 million or more (adjusted Significantly Affect Energy Supply, This part establishes:
(a) The requirements to provide notice (1) Any runway that has an § 77.7 Form and time of notice.
to the FAA of certain proposed instrument approach procedure with (a) If you are required to file notice
construction, or the alteration of visibility minimums of less than 3⁄4 under § 77.9, you must submit to the
existing structures; mile; or FAA a completed FAA Form 7460–1,
(b) The standards used to determine (2) Any runway for which an Notice of Proposed Construction or
obstructions to air navigation and instrument approach procedure has Alteration. FAA Form 7460–1 is
navigational and communication been designated or planned that has available at FAA regional offices and on
facilities; visibility minimums of less than 3⁄4 the FAA Web site.
(c) The process for aeronautical mile. This runway must be included in (b) You must submit this form at least
studies of obstructions to air navigation an FAA or DoD approved airport layout 60 days before the start date of the
or navigational facilities to determine plan, or airport planning document. proposed construction or alteration or
the effect on the safe and efficient use (e) Public use airport is an airport the date an application for a
of navigable airspace, air navigation available for use by the general public construction permit is filed, whichever
facilities or equipment; and without a requirement for prior is earliest.
(d) The process to petition the FAA approval of the airport owner or (c) If you propose construction or
for discretionary review of operator. alteration that is also subject to the
determinations, revisions, and (f) Seaplane base is considered to be licensing requirements of the Federal
extensions of determinations. an airport only if its sea lanes are Communications Commission (FCC),
outlined by visual markers. you must submit notice to the FAA on
§ 77.3 Definitions. (g) Visual runway is a runway for the or before the date that the application is
For the purpose of this part: operation of aircraft using visual filed with the FCC.
(a) Electromagnetic effect is any maneuvers for landing, or with (d) If you propose construction or
interference or impediment to the instrument approach procedure alteration to an existing structure and it
transmission or quality of navigation or visibility minimums more than one mile exceeds 2,000 ft. in height above the
communication signals to or from (including circling procedures and those ground (AGL), the FAA presumes it to
aircraft, meteorological equipment, annotated ‘‘proceed visually).’’ This be a hazard to air navigation that results
navigation equipment, communications does not including procedures in an inefficient use of airspace. You
equipment, or air traffic control annotated ‘‘proceed VFR’’, or with no must include details explaining both
facilities caused by a power source, instrument designation indicated on an why the proposal would not constitute
radio frequency transmitter, or an object FAA approved airport layout plan, a a hazard to air navigation and why it
or surface that emits, reflects, or re- DoD approved military airport layout would not cause an inefficient use of
radiates an electromagnetic signal or plan, or by any official planning airspace.
electrical pulse. document submitted to the FAA. (e) The 60-day advance notice
(b) Nonprecision instrument runway requirement is waived if immediate
is: Subpart B—Notice Requirements construction or alteration is required
(1) Any runway that has an because of an emergency involving
instrument approach procedure that § 77.5 Applicability.
essential public services, public health,
meets straight-in alignment criteria with (a) If you propose any construction or or public safety. You may provide
visibility minimums of 3⁄4 mile, up to alteration described in § 77.9, you must notice to the FAA by any available
and including one mile; or provide adequate notice to the FAA of expeditious means. You must file a
(2) Any runway for which an that construction or alteration. completed FAA Form 7460–1 within 5
instrument approach procedure is (b) If requested by the FAA, you must days of the initial notice to the FAA.
designated or planned that meets also file supplemental notice before the Outside normal business hours, the
straight-in alignment criteria with start date and upon completion of nearest FAA flight service station will
visibility minimums of 3⁄4 mile, up to certain construction or alterations that accept emergency notices.
and including one mile. This runway are described in § 77.9.
must be included in an FAA or DoD (c) Notice received by the FAA under § 77.9 Construction or alteration requiring
approved airport layout plan, or an this subpart is used to: notice.
airport planning document. (1) Evaluate the effect of the proposed If requested by the FAA, or if you
(c) Planned or proposed airport is an construction or alteration on safety in propose any of the following types of
airport that is the subject of at least one air commerce and the efficient use and construction or alteration, you must file
of the following documents received by preservation of the navigable airspace notice with the FAA of:
the FAA: and of airport traffic capacity at public (a) Any construction or alteration that
(1) Airport proposals submitted under use airports; is more than 200 ft. AGL at its site.
14 CFR part 157. (2) Determine whether the effect of (b) Any construction or alteration that
(2) Airport Improvement Program proposed construction or alteration is a exceeds an imaginary surface extending
requests for aid. hazard to air navigation; outward and upward at any of the
(3) Notices of existing airports where (3) Determine appropriate marking following slopes:
prior notice of the airport construction and lighting recommendations using (1) 100 to 1 for a horizontal distance
or alteration was not provided as FAA Advisory Circular 70/7460–1, of 20,000 ft. from the nearest point of
required by 14 CFR part 157. Obstruction Marking and Lighting; the nearest runway of each airport
(4) Airport layout plans. (4) Determine other appropriate described in paragraph (d) of this
(5) DoD proposals for airports used measures to be applied for continued section with its longest runway more
only by the U.S. Armed Forces. safety of air navigation; than 3,200 ft. in actual length, excluding
(6) DoD proposals on joint-use (civil- (5) Notify the aviation community of heliports.
military) airports. the construction or alteration of objects (2) 50 to 1 for a horizontal distance of
(7) Completed airport site selection that affect the navigable airspace, 10,000 ft. from the nearest point of the
feasibility study. including the revision of charts, when nearest runway of each airport
(d) Precision instrument runway is: necessary. described in paragraph (d) of this
section with its longest runway no more nearest landing and takeoff area of each for mobile objects, of a height that
than 3,200 ft. in actual length, excluding heliport described in paragraph (d) of would exceed a standard of paragraph
heliports. this section. (a) or (b) of this section provided the
(3) 25 to 1 for a horizontal distance of (c) Any construction or alteration of a following:
5,000 ft. from the nearest point of the highway, railroad, or other traverse way
If the traverse way is a(n) . . . Then increase the surface height by . . .
(1) Interstate Highway .............................................................................. (i) 17 feet.

(2) Other Public Roadway ........................................................................ (i) 15 feet.
(3) Private Road ....................................................................................... (i) 10 feet, or height of highest object which uses the road.
(4) Waterway, or other traverse way ........................................................ (i) The height equal to an object that uses it.
(5) Railroad ............................................................................................... (i) 23 feet.
(d) Any construction or alteration on (B) Changes in antenna specifications (d) If the construction or alteration is
any of the following airports and (including gain, beam-width, dismantled or destroyed, you must
heliports: polarization, pattern); submit notice to the FAA within 5 days
(1) A public use airport listed in the (C) Change in antenna azimuth/ after the construction or alteration is
Airport/Facility Directory, Alaska bearing (e.g. point-to-point microwave dismantled or destroyed.
Supplement, or Pacific Chart systems).
Supplement of the U.S. Government (f) You do not need to file notice for Subpart C—Standards for Determining
Flight Information Publications; construction or alteration of: Obstructions to Air Navigation or
(2) A military airport under (1) Any object, not having potential Navigational Aids or Facilities
construction, or an airport under electromagnetic effect, that will be
shielded by existing structures of a § 77.13 Applicability.
construction that will be available for
public use; permanent and substantial nature or by This subpart describes the standards
(3) An airport operated by a Federal natural terrain or topographic features of used for determining obstructions to air
agency or the DoD. equal or greater height, and will be navigation, navigational aids, or
(4) An airport or heliport with at least located in the congested area of a city, navigational facilities. These standards
one FAA-approved instrument approach town, or settlement where the shielded apply to the following:
procedure. structure will not adversely affect safety (a) Any object of natural growth,
(e) Frequencies. in air navigation; terrain, or permanent or temporary
(1) Any construction of a new facility, (2) Any air navigation facility, airport construction or alteration, including
or modification of an existing acility, visual approach or landing aid, aircraft equipment or materials used and any
which supports a radiating element(s) arresting device, or meteorological permanent or temporary apparatus.
for the purpose of radio frequency device meeting FAA-approved siting (b) The alteration of any permanent or
transmission operating on the following criteria or an appropriate military temporary existing structure by a change
frequencies: service siting criteria on military in its height, including appurtenances,
airports, the location and height of or lateral dimensions, including
(i) 54–108 MHz
(ii) 150–216 MHz which are fixed by its functional equipment or material used therein.
(iii) 406–420 MHz purpose; § 77.15 Scope.
(iv) 932—935/941 MHz (3) Any construction or alteration for
(a) This subpart describes standards
(v) 952–960 MHz which notice is required by any other
(vi) 1390–1400 MHz used to determine obstructions to air
FAA regulation.
(vii) 2500–2700 MHz navigation that may affect the safe and
(4) Any antenna structure of 20 feet or
(viii) 3700–4200 MHz efficient use of navigable airspace and
less in height, except one that would
(ix) 5000–5650 MHz the operation of planned or existing air
increase the height of another antenna
(x) 5925–6525 MHz navigation and communication
structure.
(xi) 7450–8550 MHz facilities. Such facilities include air
(xii) 14.2–14.4 GHz § 77.11 Supplemental notice requirements. navigation aids, communication
(xiii) 21.2–23.6 GHz (a) You must file supplemental notice equipment, airports, Federal airways,
(2) Any changes or modifications to a with the FAA when: instrument approach or departure
system operating on a frequency (1) The construction or alteration is procedures, and approved off-airway
specified in paragraphs (e)(1)(i) through more than 200 feet in height AGL at its routes.
(xiii) of this section, when specified in site; or (b) Objects that are considered
the original FAA determination, (2) Requested by the FAA. obstructions under the standards
including: (b) You must file supplemental notice described in this subpart are presumed
(i) Change in the authorized on a prescribed FAA form to be received hazards to air navigation unless further
frequency; within the time limits specified in the aeronautical study concludes that the
(ii) Addition of new frequencies; FAA determination. If no time limit has object is not a hazard. Once further
(iii) Increase in effective radiated been specified, you must submit aeronautical study has been initiated,
power (ERP) equal or greater than 3 supplemental notice of construction to the FAA will use the standards in this
decibels (db); the FAA within 5 days after the subpart, along with FAA policy and
(iv) Modification of radiating structure reaches its greatest height. guidance material, to determine if the
elements, including: (c) If you abandon a construction or object is a hazard to air navigation.
(A) Antenna mounting location(s) if alteration proposal that requires (c) The FAA will apply these
increased 100 feet or more, irrespective supplemental notice, you must submit standards with reference to an existing
of whether the overall height is notice to the FAA within 5 days after airport facility, and airport proposals
increased; the project is abandoned. received by the FAA, or the appropriate
military service, before it issues a final the following before the issuance of the (iii) A height within a terminal
determination. final determination: obstacle clearance area, including an
(d) For airports having defined (1) Available for public use and is initial approach segment, a departure
runways with specially prepared hard listed in the Airport/Facility Directory, area, and a circling approach area,
surfaces, or runways supporting an Supplement Alaska, or Supplement which would result in the vertical
approach with visibility less than one Pacific of the U.S. Government Flight distance between any point on the
mile, or night instrument operations, the Information Publications; or object and an established minimum
primary surface for each runway (2) A planned or proposed airport or instrument flight altitude within that
extends 200 feet beyond each end of the an airport under construction of which area or segment to be less than the
runway. For airports having defined the FAA has received actual notice, required obstacle clearance.
strips or pathways used regularly for except DoD airports, where there is a (iv) A height within an en route
aircraft takeoffs and landings, and clear indication the airport will be obstacle clearance area of a Federal
designated runways, without specially available for public use; or, Airway or approved off-airway route
prepared hard surfaces, each end of the (3) An airport operated by a Federal that would require an increase of an
primary surface for each such runway agency or the DoD; or, existing or planned minimum obstacle
shall coincide with the corresponding (4) An airport that has at least one clearance altitude; or a height that
end of the runway. At airports, FAA approved instrument approach. would impact National Airspace System
excluding seaplane bases, having a efficiency, such as raising the minimum
defined landing and takeoff area with no § 77.17 Obstruction standards. instrument altitude;
defined pathways for aircraft takeoffs (a) Proposed and Existing Structures (v) The surface of a takeoff and
and landings, a determination must be (1) An object, including a mobile landing area of an airport or any
made as to which portions of the object, is an obstruction to air imaginary surface established under
landing and takeoff area are regularly navigation if it is higher than any of the § 77.17, 77.19, 77.21, or 77.23. However,
used as landing and takeoff pathways. following heights or surfaces: no part of the takeoff or landing area
Those determined pathways must be (i) 499 feet AGL at the site of the itself will be considered an obstruction.
considered runways, and an appropriate object. (2) Except for traverse ways on or near
primary surface as defined in § 77.19 (ii) 200 feet AGL, or above the an airport with an operative ground
will be considered as longitudinally established airport elevation (AE), traffic control service furnished by an
centered on each such runway. Each whichever is higher, within 3 nautical airport traffic control tower or by the
end of that primary surface must miles of the established airport airport management and coordinated
coincide with the corresponding end of reference point, excluding heliports, with the ATC service, a traverse way
that runway. with its longest runway more than 3,200 used or to be used for the passage of
(e) The standards in this subpart feet in actual length, and that height mobile objects will be considered, for
apply to construction or alteration increases in the proportion of 100 feet purposes of paragraph (a) of this section,
proposals on an airport (including for each additional nautical mile from to be an object of a height equal to the
heliports and seaplane bases with the airport up to a maximum of 499 feet elevation of the traverse way increased
marked lanes) if that airport is one of above AE. by the following:
If the traverse way is a(n) . . . Then increase the surface height by . . .
(i) Interstate Highway ............................................................................... (A) 17 feet.

(ii) Other Public Roadway ........................................................................ (A) 15 feet.
(iii) Private Road ....................................................................................... (A) 10 feet, or height of highest mobile object which uses the road.
(iv) Waterway, or other traverse way ....................................................... (A) The height equal to an object that uses it.
(v) Railroad ............................................................................................... (A) 23 feet.
(b) Electromagnetic Interference are applied to both ends of a runway encompassed by tangents connecting
(EMI)—A proposed radiating facility is and are determined by the most precise two adjacent 10,000-foot arcs, the 5,000-
considered an obstruction if it is within approach procedure (existing or foot arc must be disregarded on the
the frequency bands identified in planned) for that runway. construction of the perimeter of the
§ 77.9(e). (b) Horizontal surface. A horizontal horizontal surface.
plane 150 feet above the established (c) Conical surface. A surface
§ 77.19 Civil airport imaginary surfaces. airport elevation, the perimeter of which extending outward and upward from the
(a) General. The civil airport is constructed by swinging arcs of a perimeter of the horizontal surface at a
imaginary surfaces in this section are specified radii from the center of each slope of 20 to 1 for a horizontal distance
established in relation to the airport and end of the primary surface for each of 4,000 feet.
to each runway, and used to identify runway of each airport and connecting (d) Primary surface. A surface
objects that may affect airport plans and the adjacent arcs by lines tangent to longitudinally centered on a runway.
arrival or departure procedures. In many those arcs. The radius of each arc is: The elevation of any point on the
cases, the imaginary surfaces are lower (1) 5,000 feet for all runways primary surface is the same as the
than required aircraft operational designated as visual or serving only elevation of the nearest point on the
surfaces to identify obstructions that are small aircraft. runway centerline. When the runway
potential hazards to air navigation. The (2) 10,000 feet for all other runways. has a specially prepared hard surface, or
dimension of each imaginary surface is The radius of the arc specified for each supports an approach with visibility
based on the category of each runway end of a runway will have the same less than one mile, or night instrument
and the type of approach procedure arithmetical value. That value will be operations, the primary surface extends
available or planned for that runway. the highest determined for either end of 200 feet beyond each end of that
The slope and dimensions of the surface the runway. When a 5,000-foot arc is runway. When the runway has no
specially prepared hard surface or Procedure, or the sea lanes of a seaplane runway. The width of the primary
planned hard surface, or has no FAA- base are outlined by visual markers, the surface is included in the following
approved Instrument Approach primary surface ends at each end of the table:
If the runway is . . . Then the width must be . . .
(1) Visual, or used only by small aircraft during VFR operations, or re- (i) 250 feet.
stricted to day-only instrument operations.
(2) Visual, or used by other than small aircraft during VFR-only oper- (i) 500 feet.
ations, or day/night instrument operations.
(3) Nonprecision instrument runway, or precision instrument (i) runway (i) 1,000 feet.
(e) Approach surface. A surface surface is applied to each end of each (1) The inner edge of the approach
longitudinally centered on the extended runway based upon the type of surface is the same width as the primary
runway centerline and extending approach available or planned for that surface and:
outward and upward from each end of runway end.
the primary surface. An approach
If the runway is . . . The surface width expands uniformly to . . .
(i) Visual, or used only by small aircraft during VFR operations, or re- (A) 1,250 feet.
stricted to day-only instrument operations.
(ii) Visual, or used by other than small aircraft during VFRfeet. oper- (A) 3,500.
ations, or day/night instrument operations.
(iii) Nonprecision Instrument ..................................................................... (A) 4,000 feet.
(iv) Precision Instrument ........................................................................... (A) 16,000 feet.
(2) Approach surface horizontal

distance:
Extend the surface distance to

If the runway is . . . At a slope of . . .
. . .
(i) Visual, or used by small aircraft during VFR operations, or during (A) 5,000 feet ................................. (1) 20:1.
day-only instrument operations.
(ii) Visual, or used by other than small aircraft during VFR operations, (A) 10,000 feet ............................... (1) 34:1.
or day/night instrument operations, or Nonprecision Instrument.
(iii) Precision Instrument .......................................................................... (A) 10,000 feet, then an additional (1) 50:1; at 40:1.
40,000 feet.
(3) The outer width of the approach (1) Inner horizontal surface. A plane primary surface for runways is 2,000
surface to an end of a runway will be that is oval in shape at a height of 150 feet. However, at established bases
the width prescribed in this section for feet above the established airfield where substantial construction has
the most precise procedure existing or elevation. The plane is constructed by taken place in accordance with a
planned for that runway end. scribing an arc with a radius of 7,500 previous lateral clearance criteria, the
(d) Transitional surface. These feet about the centerline at the end of 2,000-foot width may be reduced to the
surfaces extend outward and upward at each runway and interconnecting these former criteria.
right angles to the runway centerline arcs with tangents. (2) Clear zone surface. A surface
and the extended runway centerline at (2) Conical surface. A surface located on the ground or water at each
a slope of 7 to 1 from the sides of the extending from the periphery of the end of the primary surface, with a
primary surface and from the sides of inner horizontal surface outward and length of 1,000 feet and the same width
the approach surfaces. Transitional upward at a slope of 20 to 1 for a as the primary surface.
surfaces for those portions of a precision horizontal distance of 7,000 feet to a (3) Approach clearance surface. An
approach surface that project through height of 500 feet above the established inclined plane, symmetrical about the
and beyond the limits of the conical airfield elevation. runway centerline extended, beginning
surface, extend a distance of 5,000 feet (3) Outer horizontal surface. A plane, 200 feet beyond each end of the primary
measured horizontally from the edge of located 500 feet above the established surface at the centerline elevation of the
the approach surface and at right angles airfield elevation, extending outward runway end and extending for 50,000
to the runway centerline. from the outer periphery of the conical feet. The slope of the approach
surface for a horizontal distance of clearance surface is 50 to 1 along the
§ 77.21 Department of Defense (DoD) 30,000 feet. runway centerline extended until it
airport imaginary surfaces. (b) Related to runways. These surfaces reaches an elevation of 500 feet above
(a) Related to airport reference points. apply to all military airports. the established airport elevation. It then
These surfaces apply to all military (1) Primary surface. A surface located continues horizontally at this elevation
airports. For the purposes of this on the ground or water longitudinally to a point 50,000 feet from the point of
section, a military airport is any airport centered on each runway with the same beginning. The width of this surface at
operated by the DoD. length as the runway. The width of the the runway end is the same as the
primary surface, it flares uniformly, and (a) Requested by the sponsor of any or proposed air navigation facilities or
the width at 50,000 is 16,000 feet. proposed construction or alteration for communication aids.
(4) Transitional surfaces. These which a notice is submitted; or (c) The FAA will issue a
surfaces connect the primary surfaces, (b) The FAA determines a study is Determination of Hazard to Air
the first 200 feet of the clear zone necessary. Navigation when the aeronautical study
surfaces, and the approach clearance concludes that the proposed
surfaces to the inner horizontal surface, § 77.29 Evaluating aeronautical effect. construction or alteration will exceed an
conical surface, outer horizontal surface (a) The FAA conducts an aeronautical obstruction standard and would have a
or other transitional surfaces. The slope study to determine the impact of a substantial aeronautical impact.
of the transitional surface is 7 to 1 proposed or existing structure or (d) A Determination of No Hazard to
outward and upward at right angles to alteration on aeronautical operations, Air Navigation will be issued when the
the runway centerline. procedures, and the safety of flight. aeronautical study concludes that the
These include an evaluation of: proposed construction or alteration will
§ 77.23 Heliport imaginary surfaces. (1) The impact on arrival, departure, exceed an obstruction standard but
(a) Primary surface. The area of the and en route procedures for aircraft would not have a substantial
primary surface coincides in size and operating under visual flight rules; aeronautical impact to air navigation. A
shape with the designated take-off and (2) The impact on arrival, departure, Determination of No Hazard to Air
landing area. This surface is a horizontal and en route procedures for aircraft Navigation may include the following:
plane at the elevation of the established operating under instrument flight rules; (1) Conditional provisions of a
heliport elevation. (3) The impact on existing and determination.
(b) Approach surface. The approach planned public use airports; (2) Limitations necessary to minimize
surface begins at each end of the (4) Airport capacity of existing public potential problems, such as the use of
heliport primary surface with the same use airports and public use airport temporary construction equipment.
width as the primary surface, and development plans received before the (3) Supplemental notice requirements,
extends outward and upward for a issuance of the final determination; when required.
horizontal distance of 4,000 feet where (5) Minimum obstacle clearance (4) Marking and lighting
its width is 500 feet. The slope of the altitudes, minimum instrument flight recommendations, as appropriate.
approach surface is 8 to 1 for civil rules altitudes, approved or planned (e) The FAA will issue a
heliports and 10 to 1 for military instrument approach procedures, and Determination of No Hazard to Air
heliports. departure procedures; Navigation when a proposed structure
(c) Transitional surfaces. These (6) The potential effect on ATC radar, does not exceed any of the obstruction
surfaces extend outward and upward direction finders, ATC tower line-of- standards and would not be a hazard to
from the lateral boundaries of the sight visibility, and physical or EMI air navigation.
primary surface and from the approach effects on air navigation and
surfaces at a slope of 2 to 1 for a communication facilities; § 77.33 Effective period of determinations.
distance of 250 feet measured (7) The aeronautical effects resulting (a) A determination issued under this
horizontally from the centerline of the from the cumulative impact of a subpart is effective 40 days after the
primary and approach surfaces. proposed construction or alteration of a date of issuance, unless a petition for
structure when combined with the discretionary review is received by the
Subpart D—Aeronautical Studies and effects of other existing or proposed FAA within 30 days after issuance. The
Determinations structures. determination will not become final
(b) If you withdraw the proposed pending disposition of a petition for
§ 77.25 Applicability. construction or alteration or revise it so discretionary review.
(a) This subpart applies to any that it is no longer identified as an (b) Unless extended, revised, or
aeronautical study of a proposed obstruction, or if no further aeronautical terminated, each Determination of No
construction or alteration for which study is necessary, the FAA may Hazard to Air Navigation issued under
notice to the FAA is required under terminate the study. this subpart expires 18 months after the
§ 77.9. effective date of the determination, or
(b) The purpose of an aeronautical § 77.31 Determinations.
on the date the proposed construction or
study is to determine whether the (a) The FAA will issue a alteration is abandoned, whichever is
aeronautical effects of the specific determination stating whether the earlier.
proposal and, where appropriate, the proposed construction or alteration (c) A Determination of Hazard to Air
cumulative impact resulting from the would be a hazard to air navigation, and Navigation has no expiration date.
proposed construction or alteration will advise all known interested
when combined with the effects of other persons. § 77.35 Extensions, terminations,
existing or proposed structures, would (b) The FAA will make revisions and corrections.
constitute a hazard to air navigation. determinations based on the (a) You may petition the FAA official
(c) The obstruction standards in aeronautical study findings and will who issued the Determination of No
subpart C of this part are supplemented identify the following: Hazard to Air Navigation to revise or
by other manuals and directives used in (1) The effects of the proposed or reconsider the determination based on
determining the effect on the navigable existing structure on VFR/IFR new facts or to extend the effective
airspace of a proposed construction or aeronautical departure/arrival period of the determination, provided
alteration. When the FAA needs operations, air traffic procedures, that:
additional information, it may circulate minimum flight altitudes, and existing (1) Actual structural work of the
a study to interested parties for planned or proposed airports listed in proposed construction or alteration,
comment. § 77.15(e) of which the FAA has such as the laying of a foundation, but
received actual notice prior to issuance not including excavation, has not been
§ 77.27 Initiation of studies. of a final determination. started; and
The FAA will conduct an aeronautical (2) The extent of the physical and/or (2) The petition is submitted at least
study when: EMI effect on the operation of existing 15 days before the expiration date of the
Determination of No Hazard to Air determination, revisions, or extension should be mailed or delivered to the
Navigation. made by the FAA should be reviewed. following address: Federal Trade
(b) A Determination of No Hazard to (c) In the event that the last day of the Commission/Office of the Secretary,
Air Navigation issued for those 30-day filing period falls on a weekend Room H–135 (Annex B), 600
construction or alteration proposals not or a day the Federal government is Pennsylvania Avenue, NW.,
requiring an FCC construction permit closed, the last day of the filing period Washington, DC 20580. Comments
may be extended by the FAA one time is the next day that is not one of the containing confidential material,
for a period not to exceed 18 months. above-mentioned days. however, must be filed in paper form,
(c) A Determination of No Hazard to (d) The FAA will inform the must be clearly labeled ‘‘Confidential,’’
Air Navigation issued for a proposal petitioner or sponsor (if other than the and must comply with Commission
requiring an FCC construction permit petitioner) and the FCC (whenever an Rule 4.9(c).1 The FTC is requesting that
may be granted extensions for up to 12 FCC-related proposal is involved) shall any comment filed in paper form be sent
months, provided that: be informed of the filing of the petition by courier or overnight service, if
(1) You submit evidence that an and that the determination is not final possible, because postal mail in the
application for a construction permit/ pending disposition of the petition. Washington area and at the Commission
license was filed with the FCC for the is subject to delay due to heightened
associated site within 6 months of § 77.41 Discretionary review results.
security precautions. Comments filed in
issuance of the determination; and (a) If discretionary review is granted, electronic form should be submitted by
(2) You submit evidence that the FAA will inform the petitioner and accessing the following site: https://
additional time is warranted because of the sponsor (if other than the petitioner) secure.commentworks.com/ftc-nursery
FCC requirements; and of the issues to be studied and reviewed. and following the instructions on the
(3) Where the FCC issues a (b) If discretionary review is denied, Web-based form. To ensure that the
construction permit, a final the FAA will notify the petitioner and Commission considers an electronic
Determination of No Hazard to Air the sponsor (if other than the comment, you must file it on the Web-
Navigation is effective until the date petitioner), and the FCC, whenever a based form at https://
prescribed by the FCC for completion of FCC-related proposal is involved, of the secure.commentworks.com/ftc-nursery.
the construction. If an extension of the basis for the denial along with a
statement that the determination is The FTC Act and other laws the
original FCC completion date is needed,
final. Commission administers permit the
an extension of the FAA determination
(c) After concluding the discretionary collection of public comments to
must be requested from the FAA.
review process, the FAA will revise, consider and use in this proceeding as
Subpart E—Petitions for Discretionary affirm, or reverse the determination. appropriate. The Commission will
Review consider all timely and responsive
Issued in Washington, DC, on June 1, 2006. public comments that it receives,
§ 77.37 General. Nancy B. Kalinowski, whether filed in paper or electronic
(a) If you are the sponsor, provided a Director of System Operations Airspace and form. Comments received will be
substantive aeronautical comment on a Aeronautical Information Management. available to the public on the FTC Web
proposal in an aeronautical study, or [FR Doc. 06–5319 Filed 6–12–06; 8:45 am] site, to the extent practicable, at http://
have a substantive aeronautical BILLING CODE 4910–13–P www.ftc.gov. As a matter of discretion,
comment on the proposal but were not the FTC makes every effort to remove
given an opportunity to state it, you may home contact information for
petition the FAA for a discretionary FEDERAL TRADE COMMISSION individuals from the public comments it
review of a determination, revision, or receives before placing those comments
extension of a determination issued by 16 CFR Part 18 on the FTC website. More information,
the FAA. including routine uses permitted by the
(b) You may not file a petition for Guides for the Nursery Industry Privacy Act, may be found in the FTC’s
discretionary review for a Determination AGENCY: Federal Trade Commission. privacy policy at http://www.ftc.gov/ftc/
of No Hazard that is issued for a privacy.htm.
ACTION: Request for public comments.
temporary structure, marking and FOR FURTHER INFORMATION CONTACT:
lighting recommendation, or when a SUMMARY: The Federal Trade Janice Podoll Frankle, (202) 326–3022,
proposed structure or alteration does Commission (‘‘FTC’’ or ‘‘Commission’’) Attorney, Division of Enforcement,
not exceed obstruction standards requests public comments on its Guides Bureau of Consumer Protection, Federal
contained in subpart C. for the Nursery Industry (‘‘Nursery Trade Commission, 601 New Jersey
§ 77.39 Contents of a petition.
Guides’’ or ‘‘Guides’’). The Commission Avenue, NW., Washington, DC 20001.
is soliciting the comments as part of the
(a) You must file a petition for Commission’s systematic review of all SUPPLEMENTARY INFORMATION:
discretionary review in writing and it current Commission regulations and
must be received by the FAA within 30 I. Background
guides.
days after the issuance of a
DATES: Written comments must be The Guides for the Nursery Industry
determination under § 77.31, or a
received by August 14, 2006. were adopted by the Commission in
revision or extension of the
determination under § 77.35. ADDRESSES: Interested parties are
1 The comment must be accompanied by an
(b) The petition must contain a full invited to submit written comments. explicit request for confidential treatment,
statement of the aeronautical basis on Comments should refer to ‘‘Nursery including the factual and legal basis for the request,
which the petition is made, and must Guides Regulatory Review, Matter No. and must identify the specific portions of the
include new information or facts not P994248’’ to facilitate the organization comment to be withheld from the public record.
The request will be granted or denied by the
previously considered or presented of comments. A comment filed in paper Commission’s General Counsel, consistent with
during the aeronautical study, including form should include this reference both applicable law and the public interest. See
valid aeronautical reasons why the in the text and on the envelope, and Commission Rule 4.9(c), 16 CFR 4.9(c).

Proposed Rule: Airspace: Objects Affecting Navigable Airspace

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34028 Federal Register / Vol. 71, No.

113 / Tuesday, June 13, 2006 / Proposed Rules

Regulatory Findings Unsafe Condition (2) AMOCs approved previously in

Independence Avenue, SW., review conference, referred to as the

FAA Form 7460–1 ....................................................................................................................... 3,824 1,223.68 $1,368,905

Total ...................................................................................................................................... 26,794 8,574.08 7,593,775

on State, local, and tribal governments.

If the traverse way is a(n) . . . Then increase the surface height by . . .

(1) Interstate Highway .............................................................................. (i) 17 feet.

If the traverse way is a(n) . . . Then increase the surface height by . . .

(i) Interstate Highway ............................................................................... (A) 17 feet.

If the runway is . . . Then the width must be . . .

If the runway is . . . The surface width expands uniformly to . . .

(2) Approach surface horizontal

Extend the surface distance to

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