[Code of Federal Regulations]

[Title 14, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR77.39]



[Page 190-191]

 

                     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. 77.39  Effective period of determination of no hazard.



    (a) Unless it is otherwise extended, revised, or terminated, each 

final determination of no hazard made under this subpart or subpart B or 

E of this part expires 18 months after its effective date, regardless of 

whether the proposed construction or alteration has been started, or on 

the date the proposed construction or alteration is abandoned, whichever 

is earlier.

    (b) In any case, including a determination to which paragraph (d) of 

this section applies, where the proposed construction or alteration has 

not been started during the applicable period by actual structural work, 

such as the laying of a foundation, but not including excavation, any 

interested person



[[Page 191]]



may, at least 15 days before the date the final determination expires, 

petition the FAA official who issued the determination to:

    (1) Revise the determination based on new facts that change the 

basis on which it was made; or

    (2) Extend its effective period.

    (c) The FAA official who issued the determination reviews each 

petition presented under paragraph (b) of this section, and revises, 

extends, or affirms the determination as indicated by his findings.

    (d) In any case in which a final determination made under this 

subpart or subpart B or E of this part relates to proposed construction 

or alteration that may not be started unless the Federal Communications 

Commission issues an appropriate construction permit, the effective 

period of each final determination includes--

    (1) The time required to apply to the Commission for a construction 

permit, but not more than 6 months after the effective date of the 

determination; and

    (2) The time necessary for the Commission to process the application 

except in a case where the Administrator determines a shorter effective 

period is required by the circumstances.

    (e) If the Commission issues a construction permit, the final 

determination is effective until the date prescribed for completion of 

the construction. If the Commission refuses to issue a construction 

permit, the final determination expires on the date of its refusal.



[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 

FR 5257, Apr. 2, 1968]