(a) The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation, and will advise all known interested persons.
(b) The FAA will make determinations based on the aeronautical study findings and will identify the following:
(1) The effects on VFR/IFR aeronautical departure/arrival operations, air traffic procedures, minimum flight altitudes, and existing, planned, or proposed airports listed in § 77.15(e) of which the FAA has received actual notice prior to issuance of a final determination.
(2) The extent of the physical and/or electromagnetic effect on the operation of existing or proposed air navigation facilities, communication aids, or surveillance systems.
(c) The FAA will issue a Determination of Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard and would have a substantial aeronautical impact.
(d) A Determination of No Hazard to Air Navigation will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following:
(1) Conditional provisions of a determination.
(2) Limitations necessary to minimize potential problems, such as the use of temporary construction equipment.
(3) Supplemental notice requirements, when required.
(4) Marking and lighting recommendations, as appropriate.
(e) The FAA will issue a Determination of No Hazard to Air Navigation when a proposed structure does not exceed any of the obstruction standards and would not be a hazard to air navigation.
Notes of Decisions
One Energy Ents., L.L.C. v. Dept. of Transp., 2019 Ohio 359 (Ohio Ct. App. 2019).
· cites it 2× “" 14 C.F.R. 77.31(c). If a proposed structure will constitute an obstruction to air navigation, but an aeronautical study concludes the proposed structure "would not have a substantial aeronautical impact to air navigation," the FAA will issue a "Determination of No Hazard to…”
Big Stone Broad., Inc. v. Lindbloom, 161 F. Supp. 2d 1009 (D.S.D. 2001).
· cites it 2× “14 C.F.R. § 77.31 (a). [¶ 19.] The FCC, pursuant to its statutory authority, has promulgated Part 17 of the Federal Communications Regulations governing “Construction, Marking, and Lighting of Antenna Structures,” 47 C.”
Paskar v. United States Dep't of Transp., 714 F.3d 90 (2d Cir. 2013).
“See 14 C.F.R. §§ 77.31 ,139.337(b). The report followed two FAA aeronautical studies of the North Shore Station, both concluding in No Hazard determinations, and numerous wildlife hazard assessments ordered and carried out by the Port Authority and the USDA.”
D&F Afonso Realty Trust v. Garvey, 216 F.3d 1191 (D.C. Cir. 2000).
“” 14 C.F.R. § 77.31 . Pursuant to the Handbook, objects exceeding an obstruction standard are “presumed to be hazards to air navigation unless an aeronautical study determines otherwise.”
Backcountry Against Dumps v. Faa, 77 F.4th 1260 (9th Cir. 2023).
· cites it 3× “” 14 C.F.R. § 77.31 (d). “The FAA will make determinations based on the aeronautical study findings” and other factors.”
Reminga v. United States, 631 F.2d 449 (6th Cir. 1980).
“Further, 14 C.F.R. § 77.31 requires the consideration of “conflicting demands.”
Dunn v. United States (Fed. Cl. 2019).
· cites it 2× “14 C.F.R. § 77.31 . Applicants may petition FAA for review of its determination.”
Taylor v. United States (Fed. Cl. 2019).
“” § 44718(b)(3); see also 14 C.F.R. § 77.31 . Although those seeking to construct a potentially obstacle-creating structure must submit a notice, the FAA has no authority to prevent construction of structures that it deems to be hazardous.”
Paskar v. USDOT (2d Cir. 2013).
“See 14 C.F.R. §§ 77.31 , 139.337(b). The report followed two FAA aeronautical studies of the North Shore Station, both concluding in No Hazard determinations, and numerous wildlife hazard assessments ordered and carried out by the Port Authority and the USDA.”
Paskar v. USDOT (2d Cir. 2013).
“See 14 C.F.R. §§ 77.31 , 139.337(b). The report followed two FAA aeronautical studies of the North Shore Station, both concluding in No Hazard determinations, and numerous wildlife hazard assessments ordered and carried out by the Port Authority and the USDA.”
— 14 C.F.R. § 77.31(c) — 1 case
One Energy Ents., L.L.C. v. Dept. of Transp., 2019 Ohio 359 (Ohio Ct. App. 2019).
“" 14 C.F.R. 77.31(c). If a proposed structure will constitute an obstruction to air navigation, but an aeronautical study concludes the proposed structure "would not have a substantial aeronautical impact to air navigation," the FAA will issue a "Determination of No Hazard to…”
— 14 C.F.R. § 77.31(d) — 1 case
One Energy Ents., L.L.C. v. Dept. of Transp., 2019 Ohio 359 (Ohio Ct. App. 2019).
“" 14 C.F.R. 77.31(c). If a proposed structure will constitute an obstruction to air navigation, but an aeronautical study concludes the proposed structure "would not have a substantial aeronautical impact to air navigation," the FAA will issue a "Determination of No Hazard to…”
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