Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 183.868, 14 C.F.R. Part 77
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
Kentucky Airport Zoning Commission to regulate the use of land within and
around all public use and military airports within Kentucky. This
administrative regulation is promulgated to establish standards for determining
obstructions to air navigation.
Section
1. Standards for Determining Obstructions. A permanent or
temporary object shall be an obstruction to air navigation if it is of greater
height than any of the following heights or penetrates any of the following
surfaces:
(1) A height of more than 500 feet
above ground level at the site of the object.
(2)
(a) A
height that is more than 200 feet above ground level or above the established
airport elevation, whichever is higher, within three (3) nautical miles of the
established reference point of a public use and military airports, which has at
least one (1) runway of more than 3,200 feet in actual length.
(b) Beyond three (3) nautical miles, that
height increases in the proportion of 100 feet for each additional nautical
mile of distance from the airport reference point up to a maximum of 500
feet.
(3) A height
within a terminal obstacle clearance area, including an initial approach
segment, a departure area, and a circling approach area, which would result in
the vertical distance between any point on the permanent or temporary structure
or object and an established minimum instrument flight altitude within that
area or segment to be less than the required obstacle clearance.
(4) A height within an en route obstacle
clearance area, including turn and termination areas, of a federal airway or
approved off-airway route, that would increase the minimum obstacle clearance
altitude.
(5) The surface of a
takeoff and landing area of an airport or any imaginary surface established
under 602 KAR 50:010, Section 2 including those identified in "U.S. Terminal
Procedures, Southeast Volume 1 of 4".
Section 2. 14 CFR Part 77 .
(1) The Kentucky Airport Zoning Commission
adopts 14 CFR Part 77, Sections 77.21 through 77.25, Objects Affecting
Navigable Airspace, as effective on April 1, 1997.
(2)
14 CFR Part 77, Sections 77.21 through 77.25 shall govern the determination of an obstruction to safe air navigation
in any instance not specified in this administrative regulation.
Section 3. Incorporation by
Reference.
(1) The publication of the U.S.
Department of Commerce, National Oceanic and Atmospheric Administration "U.S.
Terminal Procedures, Southeast Volume 1 of 4" effective August 10, 2000 is
incorporated by reference.
(2) This
material may be inspected or copied from the Zoning Administrator,
Transportation Cabinet, Division of Aeronautics, Kentucky Airport Zoning
Commission, 200 Mero Street, Station: W3-09-02, Frankfort, Kentucky 40622,
Monday through Friday, 8 a.m. to 4:30 p.m. The telephone number is (502)
564-4480. The fax number is (502) 564-7953.
(3) A copy of the material incorporated by
reference may be obtained from the U.S. Department of Commerce, National
Oceanic and Atmospheric Administration, National Ocean Service, NOAA, N/CG33,
Distribution Branch, Riverdale, Maryland 20737. The telephone number is (301)
436-6993.
STATUTORY AUTHORITY: KRS 183.861,
183.868
