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LEGAL NOTICE
N"Uce ,,' Bearing ,
Pursuant to Section 267 of the'
Town Law and the provisions of I
the Amended Building Zone Or-
dinance of the Town of SOuthold i
Suffolk County, New York, public J
hearings will be held by the Zon- ,
ing Board of Appeals of the Town \
of Southold at the Town Office: t
Main Road, Southold, New York,:
on Joouary 23, 1964, on the' fol- '
lowing appeals: I !
7:30 PM, (E.S,T.J, upon appIi- i
cation of Kathryn M, Reeve,
SOund Avenue, Mattituck, New I
York, for a v.wriance in accord- {
ance with the Zoning Ordinance, I
Article HI, Section 300, SUibsec,tion '
7, for J;l'eIrmission to -erect ,a. ,pri-
vate detached glarage In tJl1e front
, yard area of her property 83 feet
from the front property line, Lo-
eaMon, of property: south side
Mason Drive, Outchogue, New
York, bounded north by Mason
Drive, east by I. Merrill, south by
Broadwater Cove, and west by
E. A, Smith.
7:415 P.M. (E.S.T.), upon appIi
cation of C. F. Van Duzer Gas
Service, Inc., Route 27A, South-
old, New York, for ;3.1 special ex-
,ception in accordaJnce with the
Zoning Ordinance, Article X Sec-
tion 1007, Subsection (a) fo; per-
mission to eneota PrQpane ster.
all'e tank in the rear of his busi-
ness property. Property looated
on ,the nor,th side Route 27 A,
SOuthold, New 'l"ork, bounded
north by H. E. Tuthlll, east by
R W Rv..." .--.... ' ,
Dcoo.K.lyn -1, ,N\ew York, for a var-!
iance in accordance wi<1:h Ithe ZOn-
1ng Ordinance, Article III, Section
300 and Section 301,Mld Article
X, Sootlon 10007, Subsection (Oil,
for perml.sslon to erect a 95 ft.
microwave cylindrioal tower on
,their property ~herebyexpanding
a ,non-'conforming booiness in the
"A" ~esidentLal District. Location
of prQperty: east side Y'oungs
Avenue, Southoid, New York,
bounded north by 'I!hompson -
Downs, east by F. & A. Downs
south by T. W. Wiegand, .and west
by..Younys Avenue.
Any person desirIng to be heard
on the above applications should
appear at the time and place
8hove specified. I
DA'I:ED: January 9, 1>964, By ,
'order of the South old Town
Doard of Appeais. ltJ17
STATE OF NEW YORK,
COUNTY m' SUFFOLK,
1
f ss:
says that
being duly Sworn,
......u is Printer and Publisher of the SU]'~'OLK
TIMES, a newspaper published at Greenport, in said county;
and that the notice, of which the annexed is a printed copy,
has been published in the said Suffolk Times once in each
week, for
week~
successIvely commencing on the
r,
day of
19.;
\. ...~?t"'-:"'''J~~'''>''\'':'('''\.''''''..''\.O>.'.'.
me this ....,..~...(,;,."
Sworn to before
day of .. .... .
.
19 ./ r
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LEGAL 1II0000ICE
Notice of Hear ine;
Pursuant to ;;;ection 267 of the Town Law and the provisions
of the Amended Building zone Ordinance of the Town of louthold.
Suffolk county. III. York. publ1c hearing. will be held by the
zoning BOard of Appeals of the TOwn of louthold. at the Town
J Office. Main Road. louthold, lIIew York. on January 23. 1964. on
,I
:1
li the follow1nq appeal.a
7:30 P.M. (B.S.T.). upon application of Kathryn M. aeeve.
r
!I
Ii sound Avenue. Mattituck. lIIew York. for . variance :t.n accordance
!i
II with the zon1ng Ordinance, Article III. sect.1on 300. Sul:>lIection
H
:: 7. for perJR1a.lon to erect a private detached garage in the
I)
Ii
II front yard area of her property 83 feet bClll the front property
;i
11
Ii 1 I..ocation of propert.y: .outh s1de Mason Drive. cutchogue,
Ii ine.
II 111_ York. bounded no:rth by Mason Drive. ...t. by I. Merrill.
"
"
II south by B:roacSwata:r ccwe. and west by B. A. S1a1th.
[I
!I
II
II 7.45 P.M. (B.S.T.). upon applicat.ion of C. F. Van DWler
II Gas sertale. Inc.. aoute 27A. southold. M_ Yolk. for a special
II exception in acco:rdance with t.he zon1ng Ordinance, Article X.
sect.1on 1007. Sub.ect.1on (a>> fo:r peJ:1ll1s.ion to erect. a Propane
Ii
'I
II
i!
II
'I
II
,
:1
~I
'I
st.o:rage tank 1n the rear of hi. bu.1ne.. p:roperty. Prope:rty
located on the north side aoute 27A. Southold. M_ York. bounded
north by H. B. 'ruth1l1. ea.t. by R. W. Ryan. south by count.y
:aoute 27A. and w..t. by B. B. Tuthill.
page 2- Legal Notice
8: 30 P.M. (S. S. T. ). upon application of the ._ York
Telephone C~ny. 101 Willoughby Street. Brooklyn 1. New York.
for a variance in accordance with the zoning Ordinance. Article
III. Section 300 and Section 301. and Article X. Section 1007.
Subsection (a~ for permi.sion to erect a 95 ft. microwave
cylindrical t_r on their property thereby expanding a non-
conforming business in the "A" Residential Dutrict. Location
of property: east side Youngs Avenue. Southold. New York.
bounded north by 'l'hOllP8on - Downs. east by P. & A. Downs, south
by T. W. Wi4lfland, and _st by YOungs Avenue.
'i Any person deSiring to be heard on the above applications
!I
:1
II should appear at the tiM and place above specified.
II DATED: January 9. 1964. By Order of the
:!
I
'; Southold Town Board of Appeals.
'I
:1
,;
"
ii
"
~!
il
II PLEASB PUBLISH ONCE, JA!fUARY 17, 1964. AND PORWARD POtlR. (4)
il
"
il APPID,Wl'TS 01' PUBLICATIOH TO THE BOARD 01' APPEALS, SOtJTHOLD, N. Y.
;)
. . .
. . .
Copies mal1ed to the follOWing on January 10, 1964:
'l'he Suffolk TimlI.
'l'he Long I.land Traveler-Mattituc:k Watchman
Kathryn M. Reeve
Charles r. Van Duzer
New York Telephone COIIIplllIy
SOMBOJII: SHOVU> APHAIl AT '!'HI _"1110
FORM INIO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
File No. ...................... ........
NOTICE OF DISAPPROVA~
................................ Date ........r:;r~... .....J................. 19~..~
To ./1t.'...'f;...~J-,~v~.................
...li)..I....W.~">:,-t -t.r.~..............
......~.".../.e.".....I.:....#...y,.................... 0 ~ 7 ~'-I
PLEASE T;.d. NOTI~~~ r;ur application dated ......C7...............~....y~....... ~
for permit to construct .........C... .................... at the premises located at ............,/....~.........r.
...........~~..<.~..................... Street A/Y I
Map ........X...~....... .......Block .....~...~.. ............ L~t ...~;;S.R ....~~)~s
!f:.~:;U"'jl;'eW~~n a~d.~ap~~<;e~ th4~~~Ulld . ..."I;;;..E~....~...:...............
......................tf.......................................................................1.............................................
.............,........"..,................. ..... ............... ..................... ......... ............................... .......... ... ............................
~G_~ rI ~'?J
.................... ................... ....'.... ........ ......................
Building Inspector
FO~M NO.1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined .............................. ........, 19........
Applicatian Na. ............................
Approved ........................................, 19........Permit No. ................................
Disappraved alc ................. .............. ..................................... ........................
(Building Inspectar)
APPLICATION FOR BUILDING PERMIT
Date .................a.~...1................, 19.<-:.'f.........
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building
Inspector.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, ond giving a detailed description of layout of property must be drawn an the diagram which is part of this application.
c. The work covered by this application may not be com menced before issuonce of Building Permit.
d. Upon approval of this application, the Building Inspector will issue 0 Building Permit to the applicant. Such
permit shall be kept on the premises available for inspection throughout the progress of the work.
e. No building shall be occupied or used in whole or in pa rt for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuonce of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or a Iterations, or for removal or demolition, os herein described.
The applicont agrees to comply with all applicable laws, ordinances and regulations.
........~'l-J.....~QK~".....1'€:U:P..~...W.,.................
(Signature of applicant, or name, if a corporation)
.... ....1Q..\..W.\u.aU0.~~'f...5:>C,....~.l",ilJ.I..l.I.108.
(Address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
.....................Qw.~e.....................................................
......................................................................................................
Name of owner of premises .......~..jQ.~K.....Th\J;v.I-:\oI:0:E;....(.Q.......................................................................
If applicant is a corp~ature of duly authorized officer.
:................~~.titi~.~f..~;.;P;;~t~..:;if.i~~;j................-::: 'b\)\L'D\~6 EN6\~ - ~(Z0<:(IO~
1. Location of land on which proposed work will be done. Map No: ............................................ Lot No: ....................
Street and Number .......... .c.l S...... jOON.6S.... 1;;.,%:..... ..Sb.u:r l-bL'D ...,..\...<. .:1:......................................
Municipality
2. State existing use and occupancy of premises and intended use and occupancy of proposed canstruction:
a.
Existing use and occupancy .......~.7..~~....~~<;:;.............................................................
Intended use and occupancy .....~.:': .<..t>N:Ft>.!MI~....&.l>I~~...................................... .... ....... .... ...
b.
3.
Nature af wark (check which applicable): New Build ing .................. Additian .................. Alteratian ..................
Repair .................... Remftval .................... Demalitian....................OtherWark(Describe)1.1I:lU.P...~1:6..)~.b.
Estimated Cast ............. .11'....~59.9........................... Fee ..........................................................................................
(ta be paid an filing this applicatian)
If dwelling, number ,Of dwelling units .......................... ....Number ,Of dwelling units an each floor ............................
I f garage, number of cars ........................ ...... ............. ..... ... ..... ....... ..............................................................................
If business, commercial ,Or mixed occupancy, speci fy nature and extent of each type of use ~..~li?WA!~~
Dimensians ,Of existing structures, if any: Front....:?bl::-.~'.'......... Rear ....311::-.I.O'.~:..... Depth ...41.~J.lll...............
Height ......:kl.1.7.~."......... Number of Stories ..... ..\............. .... .......... ...... .....................................................................
Dimensions of same structure with alterations or additions: Front ................................ Rear ................................
4.
5.
6.
7.
Depth ............................ Height ................................ Number af Staries ........................................
8. Dimensians of entire new canstructian: Front................ ................ Rear ............................ Depth ............................
I
Height ......9.5................ Number of Staries..................................
9. Size ,Of lat: Frant ....5+..11'.............. Rear .....s.~dQ~........... Depth ..:wQ...Q..~......................
10. Date of Purchase ............:?.~~~.:-:p..$...................... Name of Former Owner ........................................................
11. Zane or use district in which premises are situated.......~:A..~..:p.,.czr:......................................................................
12. Does propased constructian violate any zoning law, 'ordinance ,Or regulation? ..~.............................................
13. Name of Owner of premises ~.::1~~.~....~,...Address ....\OI..WILL..?r...$K!...'1'N... Phone Na. ~:5.fQQ....
Name ,Of Architect .........................'~...........................Address ............................................ Phane Na. ....................
Name ,Of Cantractor ........................I.~..........................Address ............................................ Phane Na. ....................
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether ex isting ,Or proposed, and indicate all set-back dimensions from
property lines. Give street and block numbers or description accarding ta deed, and show street names and indicate
whether interior or corner lot.
2.00.0'
LoCA"\IOr..) of 'P1lt> f\:)~
l)C:;' ~~t>. 7
,+1
.....
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\'1>'-4' .
.3t ID
::: ~
9 - ~
~ -' ~ ~
:0 .,f ~
~ ~ \1'
1~'_S" 'LOlI_b" 0
10'-0" ,..
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lOt:>
"too ,0 '
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-':2
~-
.4.
If:1
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.................A.,.,,:....~\:\-.M.................................................. being duly sworn, deposes and says that he is the applicant
(Name of individual signing opplication)
above named. He is the ..............l>Q\!..t>J.QG..~~.6..'.~...:::.(o.~s:l<G(.:r..'W...................................................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or hove performed the said work and to make and file
this application; that all statements contained in this appli cation are true to the best of his knowledge and belief;
and that the work will be perfarmed in the manner set forth in the application filed therewith.
Sworn to before me this /} ..
~... :..:.;?'7.~. daV'f..J-""'~<<.:;:,~....................., 19....c:.>" /"7 -" ./;tl-L
~ 4 /X!.T~~;.,z...,...-J /2 / . ..,~........C6-::.'7:-:!.'.::.................................................................
.. dtary Public, .......c.................................t',),~... County ( Ignature of applicant)
. r7
IlLEANOR S. WlLLlAMS
NetMJ ....uo. State of New York
No. 24-426961(f
Qo8li&ed in K.in@;s County
Commilt8ion Expirea March 30, 1 ~
STATE OF NEW YORK, ) S S
COUNTY OF ............................) ..
TOWN OF SOUTH OLD, NEW YORK
~ '
fkJ//,~
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. tfooZ'f
DATE ..I/'l/~l...........
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) ..::r~......~..iQ~..~/.,.of .....\Q.,..W\.~.~f;,'!...-s:,..........................
Name af Appellant Street and Number
........:~.~'i.0.~.....~+........................................... ............
Municipality
......I.J.d:............HEREBY APPEAL TO
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ................................... DATED .....U.~....7.......G....'f:.........
WHEREBY THE BUILDING INSPECTOR DENIED TO
..JJla.b!..io.lk~..~.~...s:..oMP.P.lW~.......
Name af Applicant for permit
of
.....lO.l...~\.U"O'.Q.<:;>.~.'i.. $T.........fuJ(&':{0....\.~N.d,......................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY, . J" ~ _
C:-~. .. 'jOH,crDw..,Ic-c-y{.... ,..._L IO.v<'".-,"-
(X) ~rec.lltt.".'P"'r_'<J61....... ,. . f/~..c-:-I-
f/l'-~o....~ \....b' 0... \rlI<CJ'Vl. c..,~ """'" +crM,A-(,';.I..Ot. bV~l"c-:;$ Use l\.o\ ~?1 d,s'!r" ..1-
..a, I ' [ ~
1. LOCATION OF THE PROPERTY ........:l2. ?....:iQD.u.bi>..hJf;,...................~.'.A~......Y.\?.1......
Street Use District on Zaning Map
........&~................................X/................
Map Na. Lot No.
X,lm"\ol,t>
L"-X:,
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
AiZ-T. -m:. ~c.., 300 i 301 /:;'IT "TI. '58:.. 1001
3. TYPE OF APPEAL Appeal is made herewith for
(v'l A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (lx(s) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for 0 speciol permit
( ) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(J) A Variance to the Zoning Ordinonce
( )
is requested for the reason that
1\ I';> ~S":>toa.-I 'foil 0';, ,If\b t-:l..f. 'TE1... LD. 110 Cot-:>S"1lWQ A ')t; 'FT.
~\"Ei)~t>. IW ~ f?€M- 6i=- 0U'l.. WoI'8Zf-f 1\2) aL'tlt1C- il-\t>..-r l'Jt; t-J.M/ ~ "FQL~
~\l'E ~ ~ue,\...lC. \~ nk; M.mf:,... Of- 'S~t?-ID-~ flAt>IO~~ LoMMLl";IC'ATloDS.
Fonn ZBl
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce proctical difficulties or unneces-
sary HARDSHIP because
vJE;; n\e \2l.'-{ feL. f4>.) f>.\l:12; ~~N-Jt>I~ 00(2.. ~A.90N..- ~(Z. IZM>IO~
I .
~'-lLnle> It-,) O'e.t:1E12.- To Mca.Es ,6.t!CQUt'>..\EL'< ~ ~ NOLIe IN 1t\e
~I~ ~ 6f- s-I-lP-To-SI>\-o\"2:t ~1J/.}l.cATI()/-'}(,.
2. The hardship created is UNIQUE and is nat shared by 011 properties alike in the immediate
vicinity of this property and in this use district because
vJ6 I TI~ ~ -{oel( -ret... c..c. I f:.&.cB ~ ~'5?cil~~ 1'AiCr'"t'"FoR-
S\lWl.....'/I\..JG ""'j1~WPE: or: SGll\JtC5- W\'Bt0TIWB-t) ItJ PA\2.AbfZAf'i-\ I .
3. The Voriance would observe the spirit of the Ordinonce ond WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
~ INqti.. caJ'S.lsn Of PLA.C-t(J6 tW A.~..:riE:10t-jA /t-j T~ ~ '1'~<{C:'\)
Of 'TI-\'C f'fl.oreeN, \\ IS \..)I..)W'rtD I ~ -S\JP'PO~:nt-JG I A+-JIV A SL:f1.jD"EIC-
SWOCTu~ I()")II~ ~GI-ff, V)JZ'llI..)(;, It-j tl~'"F{Z.oM ~1lJ>..1 n-n:;TClpTO
NooJT ,<:,u AT TI-tE- f:A"52, .
STATE OF NEW YORK )
) sS
COUNTY OF )
z..2t II
Sworn to th,'s ,7 ... day of..."f(~?-4'... .;............................ 19.;0. 'I-
.............~...................... ...... -1 .~
/ ""
(2d:)~
.....".."................. ...~ig~~t~~~..... ................ ............
r..J...~/ ../ /. . /; ,
~;"', .,/~,,..../J~..~ .1.../' .~). I .,~" .e"~ ;~.c;,a.".....~./
~.......;-.";-.....,-....:-;kJ-:".Jr.":"::-:.'";..............-...--n.................................
/ .. Notory Public '
E:L&ANQR S. WlI.UAMg
Notary Pablfe. Stille 01. New Yod
No. 24-426061<1
Qualified in Kings ColUlty
Commission Expires March 30. l~
r
FEDERAL AVIATION AGENCY
EASTERN REGION
FEDERAL BUILDING
New York International Airport
Jamaica, New York 11430
January 21. 1964
In reply
refer to: EA-SS4
Mr. Robert W. Gillispie. Jr.
Cba1rllan
Southold Town Board of Appeals
Southold. L. I.. N. Y.
Dear Mr. Gillispie:
This refers to your letter dated January 10. 1964. coacern-
iug a propoaal by the lIew York Telephone COIIIJl8ny to erect
a 9S foot tower in Southold. New York.
Part 77. Federal Aviation Regulations defines structures for
which notice ia required and contains standards for deteraining
bazarda to air navigation. A copy of the Regulations is encloaed.
Notice is not required for a 9S foot structure at the location
described in your letter.
If we can be of further aasistance. pleaae let us know.
Enclosure
PART 77
NOTICE OF CONSTRUCTION
OR ALTERATION AFFECTING
NAVIGABLE AIRSPACE
vialion Agency
NOTICE
Changes to Part 77 will be issued by the Federal Aviation Agency. If
you wish to receive these Changes, please fill out the form below and forward
it to the Federal Aviation Agency.
Distribution of these Changes within the Federal Aviation Agency and
other U.S. Government Agencies will be made automatically, in the same
manner as distribution of the basic Part. Therefore, FAA and other
U.S. Government personnel are not to use this form.
_______ ________ ___ __ _____ ___ ______ ___________ _____ ____n______________n__ ________n__________.___n_._____n__~______u. ___n_n___________ _u.u._
ORDER FORM
PART 77
To: FEDERAL AVIATION AGENCY
Publishing and Graphics Branch, MS-163
Washington 25, D.C.
Please send me copies of all Changes to Part 77-Notice of Con-
struction or Alteration Affecting Navigable Airspace [New].
NAME
Addre..Q
(Street)
(City)
(Zone)
(S"'te)
Title 14-Aeronautics and Space
Chapter !-Federal Aviation Agency
Subchapter E-Airspace [New]
Part 77-Notice of Construction or Alteration
Affecting Navigable Airspace [New]
Contents
Section
Preamble
77.1
77.3
Subpart A-General
Applicability _ _ _ _ _ _ _ _ _ ____ _ _ _ _ _ _ __ __u _ _ _ _ _ _ _ _ __ __ u _ _ _ u__
Kinds of construction or alteration affected u___uu_u__u___
77.11
77.13
77.15
77.17
77.19
Subpart B-Notice of Proposed Construction or Alteration
Scope _____________________________________________________
Construction or alteration requiring notice u_uuu_____uu_
Construction or alteration not requiring notice ____uuun____
Form and time of notice _____uu_________u__uuuu__uu
Acknowledgment of notice __uuuu_______uuuu____uu_
Subpart C-Standards for Determining Hazards to Air Navigation
Scope _____________________________________________________
Standards for determining hazards ___u______n__uu__u___
Airport imaginary surfaces, except runways and heliports ___u
Airport imaginary surfaces: runways ___uu__u_____uuuu
Heliport imaginary surfaces nn__u__uu__________uuuu
77.21
77.23
77.25
77.27
77.29
Subpart D--Aeronautical Studies of Effect of Proposed Construction
on Navigable Airspace
77.31 Scope _____________________________________________________ 5
77.33 Initiation of studies _n_____uuu______u_uu_______uuu 5
77.35 Regional office procedures for aeronautical studies uu___u~_u 6
77.37 Headquarters review and issue of determination __u_____uu_ 6
77.39 Petitions for public hearing u_________uuu______u_u__n_ 6
77.41 Effective period of determination of no hazard _____uu_____u 7
Subpart E-Rules of Practice for Hearings Under Subpart D
77.51 Scope _____________________________________________________ 7
77.53 Nature of hearing ___n______u__________u________u_un__ 7
77.55 Presiding officer ___________u_________u________uu__u___ 7
77.57 Legal officer un______u_n_______u_____uu________uuu 7
77.59 Notice of hearing _____________________uu________uu_____ 7
77.61 Parties to the hearing _________uu_____u_un____huun_ 8
77.63 Prehearing conference __________uu________un_______uu_ 8
77.65 Examination of witnesses uu____uuun_____uuu______u 8
Page
P-l
1
1
1
1
2
2
3
3
3
4
5
5
Section Page
77.67 Evidence -nnh_n_nn___n__nnn___nnn_______nnn 8
77.69 Subpoenas of wituesses and exhibits _____n_nh___nnn____ 8
77.71 Revision of construction or alteration proposal __nn__nhn__ 8
77.73 Record of hearing _________________________________________ 8
77.75 Recommendations by parties n_nn__hn___n__nnnn____ 9
77.77 Final decision of the Administrator __nn___n_n__nnn__n 9
77.79 Limitations on appearance and representation n___n_n___n_ 9
Subpart F-EstabUshment of Antenna Farm Areas
77.81 Scope ----------________________---------------____________ 9
77.83 General provisions n_____hn_nn_____nnn_h_____nnn 9
77.85 Establishment of antenna farm areas _____nnn___n_nh_n 10
Distribution Table -nnnnn__hn_nn____n_n__n_nn__n_h 10
Title 14, Chapter I
Code of Federal Regulations
ADOPTION OF SUBCHAPTER E
Adopted: October 19, 1962
Effective: December 12, 1962
This amendment adds Subchapter E "Airspace" [New] to Chapter I of Title 14
of the Code of Federal Regulations. The amendment is a part of the program of the
Federal Aviation Agency to recodify its regulatory material into a new series of regu-
lations called the "Federal Aviation Regulations" to replace the present "ClvU Air
Regulations" and "Regulations of the Administrator".
During the life of the recodification project, Chapter I of Title 14 may contain more
than one Part bearing the same number. To differentiate between the two, the recodified
Parts, such as these, will be labeled "[New]". The label will of course be dropped at the
completion of the project as all of the regulations will be new.
Subchapter E [New] was published as a notice of proposed rule making in the
Federal Register on July 3, 1962 (27 F.R. (300). That notice contained a statement that,
when finally adopted, the new subchapter might include "applicable rules on which in-
dividual notices of proposed rule making have been issued and the comment period has
expired, but which have not been theretofore adopted".
As proposed in that notice, Subchapter E would have consisted of Parts 71, 73, 75,
77, and 79. However, as a result of a notice of proposed rule making published in the
Federal Register on November 21, 1961 (stating that the Agency proposed to combine cur-
rent Parts 600 and 601), and in accordance with the quoted language in the preceding
paragraph, the proposed new Parts 71 and 73 (based on 600 and 601) have been combined
into a new Part 71. The comment period on that notice expired on January 5, 1962. The
proposed Parts 75, 77, and 79 have been renumbered as Parts 73, 75, and 77 respectively.
The purpose of the combination in the new Part 71 is to effect the modernization
of the Code as it pertains to the designation of Federal airways and associated con-
trolled airspace.
As stated in the notice of November 21, 1961, this modernization was prompted by
the adoption by the FAA of Amendment 60-21 to Part 60 of the Civ11 Air Regulations
which redefined the vertical extent of controlled airspace (26 F.R. 570), and the Imple-
mentation of a three-level route structure within the United States (Airspace Docket
No. 6O-WA-53, 26 F.R. 1079). The notice further stated that the proposition would re-
sult in the following actions:
"Provide that the control areas associated with Federal airways coincide with the
extent of the airways and be automatically included in the designation of airways."
"Provide a basis for the designation of control areas to be associated with jet route
segments and intermediate altitude airway segments outside the continental control
area."
HClarify the vertical extent of the controlled airspace between the main and alternate
VOR Federal airways when the control area floor provisions of Amendment 60-21
are applied."
In addition, the notice proposed various editorial changes with the intent of further-
ing simplicity and clarification in the designation of Federal airways nnd controlled
airspace.
Comments to the notice were received from the Air Trnn~port A~!"locintion of Arnerie-a
(ATA) and the Department of the Navy.
T' ART 77
P-l
P-2
PART 77
The ATA agreed with the consolidation of Parts 600 aod 601 and offered some recom-
mendations to facilitate this accomplishment. Advanced were various editorial changes.
some of which have been accepted and are incorporated herein.
Among the recommendations was one concerning reporting points. The ATA was
of the opinion that all compulsory aod noncompulsory reporting points should be 11sted in
the new Part. The FAA has reviewed the requirement for compulsory reporting points.
In Airspace Docket No. 6~WA-59 (27 F,R. 5759) action was taken to reduce the burden
on the pilot by deleting those reporting points no longer required for air tramc control
purposes, and by designating certain reporting points as applicable only to specific air-
ways or directions of flight, or both. These reporting points are published on aeronautical
charts and indicate to the pIlot that a position report to air traffic control is mandatory.
However, the FAA is of the opinion that noncompulsory reporting points should not be
included in the revised Part 71 since these reporting points are used less frequently for
air traffic control purposes, and a position report is not mandatory. These reporting
points are published on aeronautical charts for the convenience of pilots and controllers,
and a position report is necessary only when requested by air traffic control.
The Department of the Navy concurred with the proposal subject to reservations
concerning certain provisions contained in the Docket relating to the designation of con.
trol areas beyond the territorial limits of the United States. After a study of the Navy
comments, and as a result of further discussions with the Navy, the FAA decided to in-
clude references to ICAO Standards and Recommended Practices in the preamble of
notices of proposed rule making dealing with such designation.
As a result of comments received, both on the notice of November 21, 1961 (to com-
bine Parts 600 and 601) and that of July 3, 1962 (proposing a new Subchapter E),
several minor changes of a technical nature have been made. In addition, several com-
ments suggested changes in style, format, or terminology. These comments have been
carefully considered and, where consistent with the style, format, and terminology of the
recodLftcation project, were adopted.
The descriptions of airways, reporting points, and controlled airspace, to be contained
in SUQparts B through J of the new Part 71 are not, because of their complexity and
length, set forth at this time. They will be published by November 12, 1962, to become
etrecttve with the rest of the Part on December 12, 1962.
The airspace reservation descriptions in Part 73 [NewJ and the jet route descriptions
in Part 75 [NewJ also are not set forth in this revision. The pertinent sections of current
Parts 602 and 608 are redesignated as sections of the new Parts 73 and 75, and are
otherwise unatrected by this revision.
The definitions, abbreviations, and rules of construction contained in Part 1 [New]
ot the Federal Aviation Regulations (27 F.R. 4587) apply to the new Subchapter E.
Interested persons have been afforded an opportunity to participate in the making
ot this regulation, and due consideration has been given to all relevant matter presented.
The Agency appreciates the cooperative spirit in which the pubUc's comments were sub-
mitted.
In consideration of the foregoing, effective December 12, 1962, Chapter III of Title
14 ot the Code of Federal Regulations is amended by deleting Parts 600, 601, 602, 608,
and 626, and Chapter I of Title 14 is amended by adding Subchapter E [New]. reading
as hereinafter set forth.
This amendment is made under the authority of sections 307, 313, and 1101 of the
Federal Aviation Act of 1958 (49 U.S.C. 1348, 1354, and 1510), and Executive Order
10854 (24 F.R. 9565).
. Includes Part 71-Designation of Federal Airways, Controlled Airspace, and Re-
porting Points [New]; Part 73-Special Use Airspace [New] ; Part 75--Establishment of
Jet Routes [New] ; Part 77-Notice of Construction or Alteration Affecting Navigable Air.
space [New].
Part 77-Notice of Construction or Alteration
Affecting Navigable Airspace [New]
Subpart A-General
177.1 Applicability.
This 'Part-
(a) Sets forth the requirements for notice
to the Administrator of certain proposed con-
struction or alteration described in Subpart B
of this Part;
(b) Establishes standards for determining
whether that proposed construction or altera-
,
tion would be a hazard to air navigation;
(c) Provides for aeronautical studies of pro-
posed construction or alteration that would
exceed the standards in this Part, to dftermine
its effect on the safe flight of aircraft I and the
efficient use of airspace; "
(d) Provides for public hearings '. on the
hazardous effect of proposed construction or
alteration on air navigation; and '
(e) Provides for establishing antenna farm
areas.
I 77.3 Kinds of constrvction or alteration
a"ected.
(a) This Part applies to the following kinds
of construction or alteration:
(1) Erecting any perIl).anent or temporary
construction or apparatus, including imple-
ments or materials used therein.
(2) Altering any permanent or temporary
existing structure by a change in its height
(including appurtenances), or lateral dimen-
sions, including implements or materials
used therein.
(b) This Part does not apply to any struc-
ture that was in existence on July 15, 1961,
except with respect to a change in its height
(including appurtenances), or lateral dimen-
sions, after that date.
(c) The standards in this Part apply only
in determining the effect that proposed con-
struction or alteration would have on air navi-
gation from an airspace utilization standpoint.
Tihey do not affect the standards in Parts _
and _ [present Parts 609 and 610] of this
chapter or in Technical Standard Order TSO-
N18.
Subpart B-Notice of Proposed
Construction or Alteration
I 77.11 Scope.
(a) This subpart requires each person pro-
posing any kind of construction or alteration
described in ~ 77.13 to give adequate notice to
the Administrator. It specifies the locations
and dimensions of the construction or altera-
tion for which notice is required and prescribes
f\he form and manner of the notice.
\, (b) The information in notices received
under this subpart provides a basis for chart-
ing and other notification to airmen of new or
altered construction or apparatus.
I 77.13 Construction or alteration requiring
nollce.
Each person who proposes any of the follow-
ing construction or alteration shall notify the
Administrator in the form and manner pre-
scribed in ~ 77.17:
(a) Any construction or alteration that
would be more than 150 feet above the surface
level of its site.
(b) Any construction or alteration within
15,000 feet of the boundary of an airport (ex-
cept a heliport), that would extend above the
airport elevation, or above the surface level of
its site, whichever is higher, more than one
foot vertically for each 100 feet (or fraction
thereof) of the horizontal distance from the
construction or alteration to the airport bound-
ary.
(c) Any construction or alteration within
5,000 feet of the boundary of any heliport, that
1
2
~OTICE OF CONSTRUCTION
PART 77
would extend above the heliport elevation, or
ahove the surface level of its site, whichever
is higher, more than three feet vertically for
each 100 feet (or fraction thereof) of the hori-
zontal distance from the construction or altera-
tion to the heliport boundary.
(d) Any construction or alteration that
would extend into an airport approach plane
consisting of an imaginary surface extending
from each end of any airport runway that is
at least 2,000 feet long, longitudinally centered
on the extended centerlines thereof, for 1,000
feet at the elevation of the approach end of
the runway and then sloping upward at a ratio
of 1 to 60; but not extending beyond any limit
in paragraph (b) of this section or beyond
10,000 feet from the runway end, and having-
(1) In the case of an instrument approach
runway or runway at least 5,000 feet long,
a width of 1,000 feet at the end adjacent to
the runway and expanding uniformly to a
width of 4,000 feet at a distance of 10,000
feet from the end of the runway; and
(2) In the case of a noninstrument ap-
proach runway having a length of 2,000 feet
or more up to, but not including, 5,000 feet,
a width of 500 feet at the end adjacent to
the runway and expanding uniformly to a
width of 3,000 feet at a distance of 10,000
feet from the end of the runway.
(e) Any construction or alteration within
500 feet of the centerline of any runway.
(f) Any construction or alteration 500 feet
or more from a runway centerline, if that con-
struction or alteration would project above an
inclined plane extending upward from the
ground from a base line 500 feet either side of
and parallel to each runway centerline, sloping
upward and away from the runway at a ratio
of one to seven to a height of 150 feet above the
airport elevation.
(g) Any construction or alteration that
would project above an inclined plane that ex-
tends upward and away from the outer edge of
an airport approach plane (as described in
paragraph (d) of this section) at a ratio of one
to seven until it intersects the limits described
in paragraph (b) of this section, but not more
than a height of 150 feet above the airport
elevation.
177.15 Construction or alteration not requiring
notice.
(a) No person is required to notify the Ad-
ministrator as prescribed by ~ 77.17, for any of
the following:
(1) Any construction or alteration that,
when completed, would be shielded by-
(i) Existing construction of a perma-
nent and substantial nature;
(ii ) Natural terrain; or
(iii) Topographic features of equal or
greater height; if as a result of that
shielding, the proposed construction or al-
teration would not cause an increase in
potential hazard to aircraft operations.
(2) Any antenna structure that, when
completed, would not be more than 20 feet
high and would be located on the ground or
on an existing structure other than an an-
temla structure.
(3) Any electronic facility the broadcast
signal of which is used for navigational
gnidance by aircraft, any airport visual ap-
proach or landing aid, or any airport ceiling
or visibility indicator device, the location
and height of which would be fixed by its
functional purpose.
(b) In any case where there is doubt as to
whether construction or alteration of the type
described in subparagraph (a) (1) of this sec-
tion would increase the potential hazard to
aircraft, the sponsor of the construction or
alteration shall notify the Administrator as
prescribed in ~ 77.17.
I 77.17 Form and time of notice.
(a) Each person who is required to notify
the Administrator under this subpart shall
send three executed copies of Form FAA-l17,
"Notice of Proposed Construction or Altera-
tion", to the Chief, Air Traffic Division, of the
nearest regional office of tbe FAA, or to the
Chief, Airspace Utilization Division, Federal
Aviation Agency, Washington 25, D.C.
(b) The notice must be submitted at least
30 days before the earlier of the following
dates:
(1) The date the proposed construction or
alteration is to begin.
(2) The date an application for a con-
struction permit is to be filed.
PART 77
NOTICE OF CONSTRUCTION
3
However, a notice relating to proposed con-
struction or alteration that is subject to the
licensing requirements of the Federal Com-
munications Act may be sent to the FAA at the
same time the application for construction is
filed with the Federal Communications Com-
mISSIOn.
(c) In the case of an emergency involving
essential public services, public health, or pub-
lic safety, that requires immediate construc-
tion or alteration, the 30-day requirement in
paragraph (b) of this section does not apply
and the notice may be sent by telephone, tele-
graph, or other expeditious means, with an exe-
cuted Form FAA-117 submitted within 5 days
thereafter.
I 77.19 Acknowledgment of notice.
(a) The FAA acknowledges receipt of each
notice submitted under ~ 77.13.
(b) If the construction or alteration pro-
posed in a notice does not violate the standards
in Subpart C of this Part, the acknowledgment
contains a statement to that effect and a re-
quest that the acknowledging office be notified
when the construction or alteration reaches the
minimum height requiring notice under ~ 77.13.
(c) If the construction or alteration pro-
posed in a notice violates the standards in Sub-
part C of this Part, the acknowledgment ad-
vises the sponsor-
(1) That the construction or alteration at
the location and to the height specified in
the notice, would violate those standards,
and a preliminary determination has been
made that it would be a hazard to air navi-
gation;
(2) Of any possible modifications of the
construction or alteration that would elimi-
nate the violation;
(3) That he may request the FAA, within
30 days after the date of acknowledgment,
to make an aeronautical study of the pro-
posal or an amended proposal, and that the
preliminary determination of a hazard would
expire at the beginning of the study; and
(4) That the preliminary determination
of hazard becomes final unless the FAA re-
ceives a request for an aeronautical study
within 30 days after the date of acknowledg-
ment or an aeronautical study is initiated
within 60 days after that date.
Subpart C-Standards for Determining
Hazards fo Air Navigation
177.21 Scope.
(a) This subpart establishes standards for
evaluating the effect on air navigation of any
proposed construction or alteration for which
a notice has been sent to the Administrator
under Subpart B of this Part.
(b) The standards in this subpart are ap-
plied to establish which proposed construction
or alteration requiring notice ,would result in
a hazard to air navigation unless, upon an
aeronautical study under this Part, it is de-
termined that it 'Would not be a hazard.
I 77.23 Standards for determining hazards.
(a) Unless, based upon an aerouautical
study under this Part, it is determined that
it would not be a hazard, or unless it is en-
tirely within an antenna farm area established
under Subpart E of this Part, any proposed
construction or alteration for which a notice
has been submitted under ~ 77.17 and that
would extend above a height set forth in any
of the following subparagraphs, may ulti-
mately be considered to be a hazard to air
navigation:
(1) An elevation of 500 feet above ground
at the site of the construction or alteration.
(2) An elevation of 200 feet above ground
at the site of the construction or alteration
and within a control zone or within five
miles, of either side of the centerline of a
low altitude Federal airway or a VFR fly-
way that is an established air route, depicted
on aeronautical charts, along a valley, river,
highway, railroad, shoreline, or other visu-
ally identifiable path over the ground, used
for pilotage under weather conditions suit-
able for flight under Visual Flight Rules.
(3) An elevation, at the site of the con-
struction or alteration, that is 951 feet below
the minimum en route altitude of an ap-
proved off-airway route, or 200 feet above
ground, whichever is higher, if the construc-
tion or alteration is within five miles of
either side of that route.
4
NOTICE OF CONSTRUCTION
PART 77
(4) An elevation above mean sea level, at
the site of the construction or alteration, that
is on a slope ratio of 1 to 50 extending up-
ward from 500 feet below the minimum en
route altitude of any low altitude 'Federal
airway or approved off-airway route, begin-
ning at a point five miles from and perpen-
dicular to the centerline of that airway or
the course of that route, if the construction
or alteration would be more than five, but
not more than 10, miles from that centerline
or course and a perpeudicular line from that
centerline or course on 'which the construc-
tion or alteration lies intersects the center-
line or course not more than 25 miles from
the nearest electronic air navigation aid upon
which that airway or route is based.
(5) An elevation above mean sea level, at
the site of the construction or alteration, that
is 500 feet below the minimum en route alti-
tude for any low altitude Federal airway
or approved off-airway route, if the con-
struction or alteration would be more than
five, but not more than 10, miles perpendicu-
lar distance from the centerline of that air-
way or the course of that route and more
than 25 miles from the nearest electronic
air navigation aid upon which the airway or
route is based, measured as prescribed in
subparagraph (4) of this paragraph.
(6) Any airport or heliport imaginary
surface as established under ~ 77.25, ~ 77.27,
or ~ 77.29.
(b) The standards in this section apply to
the effect of proposals for construction or al-
teration upon any electronic facility whose
broadcast signal is used for navigational gnid-
ance by aircraft, airports, low altitude Fed-
eral airways, standard instrument approach
procedures, approved off-airway routes, or con-
trol zones, and changes in any of them, that
are not in existence at the time of filing the
notice required by Subpart B of this Part, but
only if plans or proposals for such a facility
or change are on file with the FAA on the date
the notice is filed. Minimum obstruction clear-
ance altitudes are considered in place of
minimum en route altitudes in applying these
standards to construction or alteration pro-
'posals whenever planning information avail-
able at the time of the notice indicates a need
to lower the minimum en route altitude of a
segment of a Federal airway, and that need
may be filled by an additional VOR, distance
measuring equipment, or other electronic air
navigation aid.
(c) In any case in which more than one of
the standards in this section would apply, the
most restrictive one is applied.
I 77.25 Airport imaginary surfaces, except
runway. and heliports.
The following airport imaginary surfaces
are established for airports based on the length
of the longest runway:
( a) Inner horizontal surface-a circular
plane, 150 feet above the established elevation
of the airport having a radius from an airport
reference point selected or approved by the
FAA as its approximate center-
(1) 'Dwo and one-half miles (13,200 feet)-
for runways at least 5,000 feet long;
(2) One and one-half miles (7,920 feet)-
for runways at least 2,000, but less than
5,000, feet long; or
(3) One mile (5,280 feet)-for runways
less than 2,000 feet long.
(b) Conical surface-a surface extending
from the periphery of the inner horizontal
surface upward and outward at a-
(1) Slope ratio of 1 to 40 for a horizontal
distance of 14,000 feet-for runways at least
5,000 feet long;
(2) Slope ratio of 1 to 30 for a horizontal
distance of 10,500 feet-for runways at least
2,000, but less than 5,000 feet long; or
(3) Slope ratio of 1 to 20 for a horizontal
distance of 7,000 feet-for runways less than
2,000 feet long.
(c) Outer horizontal surface-a circular
plane, 500 feet above the established airport
elevation extending outward from the peri-
phery of the conical surface-
(1) 25,600 feet-for runways at least 5,000
feet long; or
(2) 7,980 feet-for runways at least 2,000,
but less than 5,000 feet long.
PART 77
NOTICE OF CONSTRUCTION
5
I 77.27 Airport Imaginary surfaces: runways.
The following airport imaginary surfaces
are established for runways:
(a) Instrument approach area surface-a
plane logitudinally centered on the extended
runway centerline beginniug at the end of the
runway and extending 500 feet outward at the
elevation of the approach end of the runway
and then sloping upward at a ratio of 1 to 50
to an altitude of 500 feet above the established
airport elevation, then constant to the outer
end of the plane; being 1,000 feet wide at the
end adjacent to the runway and expanding
uniformly to a width of 16,000 feet at a dis-
tance of 50,000 feet from the end of the run-
way (and, in the case of a runway for which
an instrument approach with straight-in land-
ing minimums is prescribed, having an in-
strument approach area surface at each end).
(b) Noninstrument approach area surface-
a plane longitudinally centered on the ex-
tended runway centerline, the runway having
(in the case of one for which no instrument ap-
proach with straight-in landing minimums is
prescribed) a noninstrument approach area
surface at each end as follows:
(1) For runways at least 5,000 feet long-
beginning at the end of the runway and ex-
tending 500 feet outward at the elevation of
the approach end of the runway and then
sloping upward at a ratio of 1 to 50, being
1,000 feet wide at the beginning and ex-
panding uniformly to a width of 4,000 feet
at the outer extremity, 10,000 feet from the
end of the runway.
(2) For runways at least 2,000, but less
than 5,000 feet, long-beginning at the end
of the runway and extending 500 feet out-
ward at the elevation of the approach end
of the runway and then sloping upward at
a ratio of 1 to 40, being 500 feet wide at the
beginning and expanding uniformly to a
width of 3,000 feet at the outer extremity,
10,000 feet from the end of the runway.
(3) For runways less than 2,000 feet
long-beginning at the end of the runway,
at the elevation of the approach end of the
runway and sloping upward at a ratio of
1 to 20, being 250 feet wide at the beginning
and expanding uniformly to a width of 2,000
feet at the outer extremity, 10,000 feet from
the end of the runway.
(c) Transitional surface-an inclined plane
sloping upward and away from each side of
each runway and its associated approach area
surfaces, at a ratio of 1 to 7 to a height of 150
feet above the airport elevation, and with-
(1) The edge of the approach area sur-
face as a base line for the transitional sur-
face of the approach area surface;
(2) For the length of the runway, the
base of the transitional surface parallel to
and at the elevation of the runway; and
(3) The distance of the runway transi-
tional surface base line from the runway
centerline as follows,
(i) 500 feet-for runways at least 5,000
feet long and for instrument approach
runways.
(ii) 250 feet-for runways at least 2,000,
but less than 5,000, feet long.
(iii) 125 feet-for runways less than
2,000 feet long.
I 77.29 Heliport imaginary surfaces.
A heliport conical surface is a surface slop-
ing upward and outward to an altitude of 500
feet above the established heliport evaluation
at a ratio of 1 to 8, beginning at the heliport
evaluation on the perimeter of a circle or cir-
cles of 200-foot radius centered on each
helipad.
Subpart D-Aeronautical Studies of Effect
of Proposed Construction on
Navigable Airspace
177.31 Scope.
(a) This subpart establishes procedures to
be applied in initiating and processing in-
formal aeronautical studies of the effect of
proposed construction or alteration on the use
of navigable airspace by aircraft.
(b) Whenever a study is made under this
subpart, its conclusion is normally a determin-
ation as to whether the specific proposal being
studied would be a hazard to air navigation.
I 77.33 Initiation of studies.
Aeronautical studies of the effect, on the use
of navigable airspace, of proposed construc-
tion or alterations to heights that would ex-
6
~OTICE OF CONSTRUCTION
PART 77
coed the standards set forth in Subpart C of
this Part are initiated by the F AA-
(a) Upon the request of the sponsor of any
construction or alteration for which a notice
was submitted under Subpart B of this Part;
or
(b) Whenever it is otherwise considered ap-
propriate.
I 77.35 Regional oIRce procedure. for aero-
nautical studies.
(a) Whenever an aeronautical study is ini-
tiated under this subpart, the Chief of the Air
Traffic Division of the Region in which the
construction or alteration is proposed inform-
ally notifies the sponsor of the construction or
alteration and all other known interested per-
sons, by informal circularization, that an in-
formal study is to be made, including enough
details of the proposal to provide a basis for
the study, such as location by geographical co-
ordinates, height above ground, and height
above mean sea level. Aeronautical comments
on the proposal are solicited.
(b) If the Chief of the Air Traffic Division
concerned finds that there is no substantial
aeronautical objection to the proposal in com-
ments he receives, or from the analysis made
by that division, he notifies the sponsor, in
writing, that the proposal would not result in
a hazard to air navigation, and sends a copy of
the notice to each other interested person. If
the proposed construction or alteration is to be
used for or in connection with communications,
he sends a copy of the letter to the Secretary
of the Federal Communications Commission.
(c) If the Chief of the Air Traffic Division
concerned finds that there is substantial aero-
nautical objection to the proposal in comments
he receives, or from the analysis made by that
Division, he sends a written notice to all in-
terested persons, including the sponsor, of an
informal meeting, to be held in the Regional
Office, at which the aeronautical study will be
discussed. In addition to evaluating the effects
of the proposed construction or alteration on
air navigation, the purposes of such a meet-
ing are to explore aeronautical objections to
the proposal, attempt to develop recommenda-
tions for adjustment of aviation requirements
that would accommodate the proposed con-
struction or alteration, and examine possible
changes in the proposal, including revisions
that would eliminate the violation of the stand-
ards in Snbpart C of this Part.
(d) Any interested person may attend the
meeting in person or be represented by an at-
torney or other person, and may introduce at
the meeting any material, oral presentation, or
written statements that are pertinent to the
study. A designated FAA representative pre-
sides at the meeting.
(e) The Chief of the Air Traffic Division
concerned has a summary report made of the
informal meeting and recommends conclusions
on the effect of the proposed construction or
alteration on the use of navigable airspace.
He sends the report and copies of all pertinent
written material and statements received as a
result of the circular and meeting to the Ob-
struction Evaluation Branch of the Airspace
Utilization Division for its review.
I 77.37 Headquarters review and is.ue of
determination.
(a) Based on its review and analysis of the
report made under ~ 77.35, the Obstruction
Evaluation Branch evaluates each construction
or alteration proposal as to its effect on the
safe and efficient use of airspace by aircraft.
The Chief of that Branch issues a determina-
tion as to whether it would be a hazard to air
navigation, including appropriate findings. He
sends copies of the determination to the spon-
sor of the construction or alteration and each
other interested person (including the Secre-
tary of the Federal Communications Commis-
sion, if appropriate), and publishes it in the
Federal Register.
(b) A determination made under this sec-
tion is final unless an appeal from it is granted
under ~ 77.39.
I 77.39 Petition. for public hearing.
(a) The sponsor of any proposed construc-
tion or alteration, or any person who stated a
substantial aeronautical objection to it in the
study made under ~ 77.35 may petition the Ad-
ministrator, within 30 days after the date the
determination is issued under ~ 77.39, for a
PART 77
NOTICE OF CONSTRUCTION
7
public hearing to obtain a formal decision of
the Administrator on the matter.
(b) The petition must be in triplicate and
must contain a full statement of the basis for
it.
(c) The Administrator determines whether
there is adequate grounds for the substance of
the petition and grants or denies a hearing on
that basis.
I 77.41 Effective period of determination of no
hazard.
(a ) Unless it is otherwise revised or termin-
ated, each final determination, made under this
subpart or Subpart E of this Part, that pro-
posed construction or alteration would not be a
hazard to air navigation, expires 18 months
after its effective date or upon the date the
proposed construction or alteration is aban-
doned, whichever is earlier.
(b) In any case where the proposed con-
struction or alteration has not been started
during the 18-month period any interested
person may petition the Administrator to-
(1) Revise the final determination based
on new facts that alter the basis upon which
the determination was made; or
(2) Extend the effective period of the
determination.
(c) The Administrator provides an appro-
priate review for each petition and the facts
upon which it is based, and revises, extends,
or reaffirms the determination as indicated by
his findings.
Subpart E-Rules of Practice for Hearings
Under Subpart 0
I 77.51 Scope.
This subpart applies to hearings held by the
FAA under Titles III and X of the Federal
Aviation Act of 1958 (49 U.S.C. Subchapters
III and X), on proposed construction or alter-
ation that affects the use of navigable airspace.
I 77.53 Nature of hearing.
Sections 4, 5, 7, and 8 of the Administrative
Procedure Act (5 U.S.C. 1003, 1004, 1006, and
1007) do not apply to hearings held on pro-
posed construction or alteration to determine
its effect on the safety of aircraft and the effi-
cient use of navigable airspace because those
hearings are fact-finding in nature. As a fact-
finding procedure, each hearing is nonadver-
sary and there are no formal pleadings or is-
sues and no adverse parties.
I 77.55 Presiding ofllcer.
(a) If, under ~ 77.39, the Administrator or-
ders a public hearing to be held on any pro-
posed construction or alteration covered by this
Part, the Director of the Air Traffic Service
designates an employee of the FAA to be the
Presiding Officer at that hearing.
(b) The Presiding Officer may-
(1) Give notice of the date and location
of the hearing and any prehearing confer-
ence that may be held;
(2) Administer oaths and affirmations;
(3) Examine witnesses;
(4) Issue subpoenas and take depositions
or have them taken;
(5) Obtain, in the form of a public record,
all pertinent and relevant facts relating to
the subject matter of the hearing;
(6) Rule, with the assistance of the Legal
Officer, upon the admissibility of evidence;
(7) Regulate the course and conduct of
the hearing; and
(8) Desiguate parties to the hearing and
revoke those designations.
I 77.57 Legal officer.
The General Counsel designates a member of
his staff to serve as Legal Officer at each hear-
ing under this subpart. The Legal Officer may
examine witnesses and assist and advise the
Presiding Officer on questions of evidence
or other legal questions arising during the
hearing.
I 77.59 Notice of hearing.
In designating a time and place for a hear-
ing under this subpart, the Presiding Officer
considers the needs of the FAA and the con-
venience of the parties and witnesses. The
time and place of each hearing is published
in the "Notices" section of the Federal Register
before the date of the hearing, unless the notice
is impractical or unnecessary.
8
~OTICE OF CONSTRUCTION
PART 77
177.61 Parties to the hearing.
The Presiding Officer shall designate the fol-
lowing as parties to the hearing:
(a) The proponent of the proposed con-
struction or alteration.
(b) Those persons whose activities would be
substantially affected by the proposed con-
struction or altera€ion.
I 77.63 Prehearlng conference.
(a) The Presiding Officer may, in his dis-
cretion, hold a prehearing conference with the
parties to the hearing and the Legal Officer at
a convenient time and place.
(b) Each party to a prehearing conference
shall, at least 24 hours before the conference,
submit a brief written statement of the evi-
dence he intends to provide through his wit-
nesses and by questioning other witnesses at
the hearing, and shall provide enough copies
of the statement so that the Presiding Officer
may keep three for the FAA and give one to
each other party.
( c) At the prehearing conference, the Pre-
siding Officer reduces and simplifies each issue
SO far as possible and advises the parties of the
probable order of presenting the evidence.
I 77.6SExaminatlon of witnesses.
(a) Each witness at a hearing under this
subpart shall, after being sworn by the Pre-
siding Officer, give his testimony under oath.
(b) The party for whom a witness, other
than an employee of the FAA, is testifying
shall examine that witness. After that exami-
nation, other parties to the hearing may ex-
amine the witness, in the order fixed by the
Presiding Officer. The Presiding Officer and
the Legal Officer may then examine the wit-
ness. The Presiding Officer may grant any
party an additional opportunity to examine
any witness, if that party adequately justifies
the additional examination.
(c) The Legal Officer examines each FAA
employee who is a witness, before the other
parties examine him. After that examination,
the order prescribed in paragraph (b) of this
section applies.
I 77.67 Evidence.
(a) The Presiding Officer receives all testi-
mony and exhibits that are relevant to the
issues of the hearing. So far as possible, each
party shall submit enough copies of his ex-
hibits that the Presiding Officer may keep
three copies for the FAA and give one to each
other party.
(b) The Presiding Officer excludes any tes-
timony that is irrelevant or unduly repetitious.
A party to the hearing may object to the ad-
mission of evidence only on the ground that
it is irrelevant.
I 77.69 Subpoenas of witnesses and exhibits.
(a) The Presiding Officer of a hearing may
issue subpoenas for any witness or exhibit that
he determines may be material and relevant to
the issues of the hearing. So far as poesible,
each party to the hearing shall provide the
witnesses and exhibits that he intends to pre-
sent at the hearing.
(b) If any party to the hearing is unable
to provide his necessary witnesses and exhibits,
he shall advise the Presiding Officer far enough
in advance that the Presiding Officer can de-
termine whether he should issue subpoenas for
the desired witnesses or exhibits.
I 77.71 Revision of construction or alteration
proposal.
(a) The sponsor of any proposed construc-
tion or alteration covered by this Part may
revise his proposal at any time before or dur-
ing the hearing. If he revises it, the Presiding
Officer decides whether the revision affects the
proposal to the extent that he should send it
to the Administrator for a redetermination of
the need for a hearing.
(b) If the Presiding Officer decides that it
does not need to be re-submitted to the Ad-
ministrator, he advises the parties of the re-
vised proposal and takes the action necessary
to allow all parties to effectively participate
in the hearing on the revised proposal. With-
out limiting his discretion, the Presiding Offi-
cer may recess and reconvene the hearing, or
hold another prehearing conference.
I 77.73 Record of hearing.
(a) Each hearing is recorded verbatim by
an official reporter under an FAA contract.
The transcript, and all exhibits, become a part
of the record of the hearing.
I
PART 77
:\OTlCE OF CO:\STRCCTIOK
9
(b) Any person may buy a copy of the
transcript of the hearing from the reporter at
the price fixed for it.
(c) The Presiding Officer may allow any
party to withdraw an original document if he
submits authenticated copies of it.
(d) Any person may buy, from the FAA,
photostatic copies of any exhibit by paying
the copying costs.
(e) A change in the official transcript of a
hearing may be made only if it involves an
error of substance. Any recommendation to
correct the transcript must be filed with the
Presiding Officer within five days after the
hearing closes. The Presiding Officer reviews
each request for a correction to the extent he
considers appropriate and shall make any re-
visions that he finds appropriate as a result of
that revie\v.
I 77.75 Recommendations by parties.
Within 20 days after a hearing closes, each
party to it, or any other interested person,
may submit five copies of his recommendations
for a final decision to be made by the Ad-
ministrator.
I 77.77 Final decision of the Administrator.
After reviewing the evidence relevant to the
issues of a hearing, including the official tran-
script and the exhibits, the Administrator re-
solves all questions of fact, based on the
weight of evidence, and makes his determina-
tion, stating the basis and reasons for it. He
then issues an appropriate order to be pub-
lished in the Federal Register and served on
each of the parties.
I 77.79 Limitations on appearance and repre-
sentation.
(a) A former officer or employee of the
FAA may not appear on behalf of, or repre-
sent, any party before the FAA in connection
with any matter to which this Part applies, if
he considered or passed on that matter while
he was an officer or employee of the FAA.
(b) A person appearing before the FAA on
any matter to which this Part applies may not,
in connection with that appearance, knowingly
accept assistance from, or share fees with, any
person who is prohibited, by paragraph (a)
of this section, from appearing himself on that
matter.
(c) A former officer or employee of the
FAA may not, within six months after he
ceases to be such an officer or employee, appear
before the FAA on behalf of, or represent, any
party in connection with any proceeding that
was pending under this Part while he was an
officer or employee of the FAA, unless he
obtains written consent from an appropriate
officer of the FAA, based on a verified showing
that he did not personally consider the matter
concerned or gain particular knowledge of it
while he was an officer or employee of the
FAA.
Subpart F--Establishment of Antenna
Farm Areas
I 77.81 Scope.
(a) This subpart establishes antenna farm
areas in which antenna structures may be
grouped to localize their effect on the use of
navigable airspace.
(b) It is the policy of the FAA to encour-
age the use of antenna farms and the single
structure-multiple antenna concept for radio
and television towers whenever possible. In
considering proposals for establishing antenna
farm areas, it considers as far as possible the
revision of aeronautical procedures and opera-
tions to accommodate antenna structures that
will fulfill broadcasting requirements.
I 77.83 General provisions.
(a) An antenna farm area consists of a
specified geographic location with established
dimensions of area and height, where antenna
towers with a common impact on aviation may
be grouped.
(b) Each proposal for an antenna farm area
is evaluated on the basis of its effect on the
use of navigable airspace. The views of the
Federal Communications Commission are re-
quested on the effect that each establishment
of an antenna farm area would have on its
statutory responsibilities. Any views sub-
mitted by it are fully considered before the
antenna farm concerned is established. If the
Commission advises that the establishment of
10
:>OTICE OF CONSTRUCTION
PART 77
any proposed antenna farm area would inter-
fere with its statutory responsibility, the pro-
posed area is not established.
(C) The establishment of an antenna farm
area is considered whenever it is proposed by-
(1) The FAA;
(2) The Federal Communications Com-
mission;
(3) The sponsor of a proposed antenna
tower; or
(4) Any person having a substantial in-
terest in a proposed antenna tower.
I 77.85 Establishment of antenna farm areas.
The airspace areas described in the following
sections of this subpart are established as
antenna farm areas.
[Xote: U77.8i-77.1100 reserved for descriptions ot
antenna farm areas.}
Part 77-Distribution Table
Fonner Section Revised Section Fonner Section Revi.8ed Section
626.1 77.1 626.34 77.39
626.2 (f), (h), (m), and (x) 77.3 626.35 77.41
626.2 (less (f), (h), (m), and trfd. to 626.50 77.51
(x)) Part 1 626.51 77.53
626.3 77.3 626.52 77.55
626.8 (less last 18 words of 626.53 77.57
( a) and less last sentence 626.54 77.59
of (b)) 77.11 626.55 77.61
626.8 (last 18 words of (a) 626.56 77.63
and last sentence of (b)) 77.21 626.57 77.65
626.9(a) 77.13 626.58 77.67
626.9 (less (a)) 77.15 626.59 77.69
626.10 77.17 626.60 77.71
626.11 77.19 626.61 77.73
626.12 77.23 626.62 77.75
626.13 (a) 77.25 626.63 77.77
626.13 (b) 77.27 626.64 77.79
626.13 (less (a) and (b) ) 77.29 626.75(a) (last sentence) 77.23
626.30 77.31 626.75 (less last sentence
626.31 77.33 of (a)) 77.81
626.32 77.35 626.76 77.83
626.33 77.37 626.77 77.85
1
u.s. GOVERNMENT PRINTING OFFICE' 111620-663735
For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington 25, D.C. - Price 20 cents
January 10, 1964
F. A. A.
Baatern ll8CJion
'ederal Buildinq
J. F. K. Airport
Jamaica, N_ York
Attention: Cbarlea H. Newpol, Chief
Air I~ce Uti11..tion 8ranch
Dear M1.:. N_poll
We are 10 receipt: of an application f..OI8 the
Ill_ Yon '1'e1apbone COIIIpaDy to erect a 95 ft. !licro-
wave cy11ockica1 t~r fo.. 1aaproved tranarll1..ion
of ahip to ahore ra4io-t:e1ephone ClOl'lllllunicationa on
the aaat .ide of younq. Avenue, Southold, N_ Yon.
Would it be po..1b1e for you to advi.. u. with
.....I'd to the ..equirementa or raCJulationa of au
.pace utilisation 10 the Town of Southold which !l1ght
concern ua?
very truly your.,
~obert W. Gil1iapie, Jr.,
Cha1:r:lllan, southo1d Town
Board of Appeal.
December 31, 1963
Mr. I. Katz
N_ York Telephone Company
Room 1105
101 Willobouqhy street
Brooklyn 1, If_ York
Dear Mr. Katz:
Enclosed are applicat10n forms for building permit and
variance which should be filed in duplicate with a fee of
$5.00 made out to the Bcr-rdof Appeals, Town of Southold.
The Board will meet on the 9th of January to receive
applications and you will be notified of the time and place
of the hearing so that someone can be pre.ent.
Very truly J~ur.,
Howard Terry
Building Inspector