Sec. 744. PROTECTION OF SAFE AND EFFICIENT USE OF AIRSPACE AT AIRPORTS
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## SEC. 744 PROTECTION OF SAFE AND EFFICIENT USE OF AIRSPACE AT AIRPORTS **[**[49 U.S.C. 44718 note](/us/usc/t49/s44718)**]** ###
(a)Airspace Review Process Requirements The Administrator shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the FAA-approved Airport Layout Plan of the airport) on any land not owned by any such airport: ####
(1)The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing the capacity of an airport, flight procedure minimums or availability, or aircraft takeoff or landing capabilities. ####
(2)Safety risks of lasers, lights, or light sources, inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation. ####
(3)Water features or hazardous wildlife attractants, as defined by the Administrator. ####
(4)Impacts to visual flight rule traffic patterns for both fixed and rotary wing aircraft, inclusive of special visual flight rule procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators. ####
(5)Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of the projects and plans. ###
(b)Required Information A notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following: ####
(1)Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the end of a runway of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the airport is limited to a singular location on a property. ####
(2)If there are any changes to such designs or addition of equipment, such as cranes used to construct a building, after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition. ###
(c)Expiration ####
(1)In general Unless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, shall expire 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. ####
(2)After expiration Determinations under paragraph
(1)are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation after such determination has expired. ###
(d)Authority to Consolidate OEI Surface Criteria The Administrator may develop a single set of One Engine Inoperative surface criteria that is specific to an airport. The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria. ###
(e)Development of Policies to Protect OEI Surfaces Not later than 6 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress regarding the status of the efforts of the FAA to protect One Engine Inoperative surfaces from encroachment at United States certificated and federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis processes. ###
(f)Authority to Consult With Other Agencies The Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section. ###
(g)Applicability This section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.
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Sec. 744
PROTECTION OF SAFE AND EFFICIENT USE OF AIRSPACE AT AIRPORTS
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