[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR77.35]

[Page 165-166]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 77_OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents
 
  Subpart D_Aeronautical Studies of Effect of Proposed Construction on 
                           Navigable Airspace
 
Sec.  77.35  Aeronautical studies.

    (a) The Regional Manager, Air Traffic Division of the region in 
which the proposed construction or alteration would be located, or his 
designee, conducts the aeronautical study of the effect of the proposal 
upon the operation of air navigation facilities and the safe and 
efficient utilization of the navigable airspace. This study may include 
the physical and electromagnetic radiation effect the proposal may have 
on the operation of an air navigation facility.
    (b) To the extent considered necessary, the Regional Manager, Air 
Traffic Division or his designee:
    (1) Solicits comments from all interested persons;
    (2) Explores objections to the proposal and attempts to develop 
recommendations for adjustment of aviation requirements that would 
accommodate the proposed construction or alteration;

[[Page 166]]

    (3) Examines possible revisions of the proposal that would eliminate 
the exceeding of the standards in subpart C of this part; and
    (4) Convenes a meeting with all interested persons for the purpose 
of gathering all facts relevant to the effect of the proposed 
construction or alteration on the safe and efficient utilization of the 
navigable airspace.
    (c) The Regional Manager, Air Traffic Division or his designee 
issues a determination as to whether the proposed construction or 
alteration would be a hazard to air navigation and sends copies to all 
known interested persons. This determination is final unless a petition 
for review is granted under Sec.  77.37.
    (d) If the sponsor revises his proposal to eliminate exceeding of 
the standards of subpart C of this part, or withdraws it, the Regional 
Manager, Air Traffic Division, or his designee, terminates the study and 
notifies all known interested persons.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 
FR 10843, July 31, 1968; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]