---
kind: "section"
citation: "14 C.F.R. § 77.31"
title: "14"
number: "77.31"
heading: "Determinations."
url: "https://uscodex.org/cfr/14/77.31"
---

# §77.31. Determinations.

- (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)](/cfr/14/77.15.md?p=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

### Authority

Authority: 49 U.S.C. 106 (g), 40103, 40113-40114, 44502, 44701, 44718, 46101-46102, 46104.

### Source

Source: Docket FAA-2006-25002, 75 FR 42303, July 21, 2010, unless otherwise noted.