800 Independence Ave., S.W.

Washington, D.C. 20591

Questions from The Federal Aviation Administration’s Public Meeting for 

Proposal to Consider the Impact of One Engine Inoperative (OEI) Procedures 

in Part 77 Hazard Determinations, June 25, 2014. 

1. We represent the nation's top public and privately-held real estate ownership, 

development, lending and management firms to address key national policy issue 

relating to real estate and the overall economy. In a congressional hearing before 

the Aviation Subcommittee of the House Transportation and Infrastructure 

Committee on February 27, 2013, FAA Administrator Michael Huerta was asked 

how many one engine inoperative takeoff incidents have resulted in fatal crashes in 

the past few years. He replied: “None have resulted in fatal crashes.” On what data, 

therefore, is the FAA’s assertion that structures around airports provide a risk to air 

navigation based? 

2. How is the FAA going to address issues associated with the Nevada Supreme 

Court ruling in Sisolak v. McCarran International Airport and Clark County, 137 

P.3d 1110 (2006) which are likely to be exacerbated by the lower surface height of 

an OEI corridor. These issues will be key to OEI corridor protection since the court 

determined that the very tools (zoning and land use controls) that the FAA requires 

airports to use to protect the OEI corridors were ruled as unconstitutional, hence 

irrelevant for airspace protection.

3. The City of Miami in 2007 worked closely with the FAA on developing its 

building heights within the Downtown of which the FAA noted the OEI standards 

were satisfied. We have requested written verification and as of this date have not 

received a response. Please advise accordingly. 

4. Understand that FAA Part 77 determinations are valid for a limited 18 month 

period, with only one option for a single 18-month extension, provided no changes 

in circumstances exist at the time of the renewal. Because many local governments 

and planning agencies require determinations well in advance of construction, 

many developers rely on extensions to complete a project. If an OEI policy is 

established for an airport prior to renewal, will the extension be subject to the new 

OEI policy
2

5. As with extensions on single building projects, which could be impacted by the 

OEI policy, will the FAA take into consideration long range development projects 

– e.g. multi-building projects spanning 5-10 years – when developing OEI 

procedures at a given airport? 

6. Why has FAA decided not to subject the OEI policy change to all of the 

rulemaking and legal requirements of the Administrative Procedure Act? Doe 

FAA expect to involve White House OMB's OIRA to consider the economic 

impacts and other factors implicated by the policy change? 

7. Why did you decide to extend the comment period and have a public meeting? 

8. According to the FAA’s Notice of Proposed Policy, dated April 28, 2014, 

“Historically, the FAA has held that this [air carrier planning for One Engine 

Inoperative procedures] is an economic issue rather than a capacity issue.” The 

Notice goes on to state that, “The last forty years have shown economic activity 

and structures only accelerating around airports—creating an ever increasing risk.” 

On what empirical data is this assertion based. Has there been a risk assessment 

conducted

9. If the carriers will not share, then how can we protect when conduct studies to see 

if structure would impact the one engine out

10. According to the FAA’s proposed One Engine Inoperative (“OEI”) Policy, “the 

FAA has held that [air carrier planning for One Engine Inoperative procedures] is 

an economic issue rather than a capacity issue.” To be clear, this is an economic 

issue, not a safety or capacity issue, right? 

11. We understand that the FAA has heard repeated concerns about the plan, and the 

procedure by which it is implementing the plan, from a bipartisan group of 

lawmakers from across the country. Indeed, a bill (H.R. 4623) currently pending 

before the House of Representatives would require the FAA to proceed with its 

proposed changes via a rulemaking process. We further understand that the FAA 

has heard repeatedly from a number of outside organizations and individual entities 

who are concerned about the proposed changes. Is the FAA aware of these 

concerns? What is the agency’s response to these concerns?

12. I thought that if you wanted to change a rule, you had to do a rulemaking, not issue 

a policy clarification that upends 70 years of established rules and interpretations. 

How is this possible?
3

13. Why is the tail wagging the dog? In other words, why should flight paths be 

proprietary when public safety and benefit should come before competitive 

advantage between carriers?

14. From an internal FAA coordination standpoint, the FAA AGIS system should 

include OEI corridors in their Airspace Evaluation Tool since this is the dataset 

expected to be used for airspace obstruction review

15. I understand that for over 70 years (since the beginning of Part 77), the FAA has 

not considered OEI procedures in Part 77. Given the significant change, isn't the 

FAA required to amend Part 77 an go through a formal rulemaking process under 

the Administrative Procedure Act? If not, why?

16. Why did the FAA issue no Hazard?

17. The proposed policy says that each airport should develop OEI surfaces “with 

input from users/operators and communities” in coordination with the FAA, but 

then goes on to say that any airport experiencing “encroachment” should work with 

its users during the Master Planning Process to propose a dedicated OEI surface on 

the ALP.

18. How will communities and landowners be incorporated into the process?

19. Once an OEI surface is developed, will it be revised/revisited from time to time to 

account for changes in airport/aircraft use?

20. What does the FAA mean by “encroachment” and at what point will 

“encroachment” support an OEI surface? What safeguards are in place to protect 

local communities’ authority over land use planning?

21. Did the operational impacts assessed take into consideration alternative mitigation 

options such as turning off engine bleeds?

22. Airlines often object to projects on the basis of OEI, but refuse to share their OEI 

procedures with the FAA or the public. How does the FAA propose to ensure that 

future OEI surfaces take into account OEI procedures of the airlines? Will airlines 

be required to share their procedures?

23. The FAA says its new policy will “recognize the right of developers to erect 

structures near airports and air navigation facilities.” How will these rights be 

recognized? 
4

24. As the FAA has acknowledged (and as has been confirmed by several courts), the 

FAA has no authority over local land use planning or zoning, yet the proposed 

policy would limit heights at which buildings near airports could be constructed 

based on airlines’ asserted needs and proprietary procedures. What is the FAA’s 

legal authority to influence this change? 

25. What empirical data exists to support the FAA’s assertion that this is a real 

problem deserving of changing longstanding rules and interpretations? 

26. OEI procedures are proprietary to airlines themselves, and are not shared publicly. 

Has the FAA reviewed this information in supporting its assertion that applying 

OEI to Part 77 will increase capacity? 

27. Is the intent to define a single path, meaning engine out procedure path that all 

airlines would use, or to define a single area where airlines can use the area to 

define their own path through the area. 

28. In a congressional hearing before the Aviation Subcommittee of the House 

Transportation and Infrastructure Committee on February 27, 2013, FAA 

Administrator Michael Huerta was asked how many OEI takeoff incidents have 

resulted in fatal crashes in the past few years. He replied, “None have resulted in 

fatal crashes.” On what data, therefore, is the FAA’s assertion that structures 

around airports provide a “risk” to air navigation based? 

29. Will we have the ability to see the ALP with the OEI? 

30. When an airport submits their OEI protection area via ALP, do they need to submit 

a complete ALP, or just the one sheet with OEI surface? 

31. Aircraft design changes continually, with more efficient and powerful aircraft 

continuing to enter service. How does the FAA propose to accommodate future 

aircraft designs (and associated OEI procedures, which will almost certainly be less 

restrictive) in the proposed OEI procedures? If they are not taken into 

consideration, on what basis would the FAA continue to apply the more restrictive 

procedures?

32. Why is the FAA attempting to tell local communities what they should and should 

not adopt for local zoning? This is an encroachment on local municipalities and 

encroaches on private property rights, without any justification. 
5

33. How can the FAA proceed with this proposed change without the airlines 

proprietary OEI calculations? Will stakeholders have access to this information as 

part of the process to develop OEI surfaces around airports?

34. How will the OEI surface geometry be specified? Since it is unique/custom to the 

airport, as opposed to following geometric rule standards like Part 77 or TERPS 

surfaces?

35. As communities continue to see their local airports as vibrant economic hubs, has 

there been any consideration by the FAA in developing this policy change on the 

communities that may wish to develop around their airports 5-10 years in the 

future?

36. Has the FAA consulted with communities in developing its proposed procedures? 

How does it envision local communities and landowners will be involved in the 

process of establishing OEI surfaces? 

37. Will the FAA define the OEI path dimensions? Both vertical and horizontal?

38. This slide has a number of items that are not specifically defined in the Notice of 

Policy, Items 2 and 3 in particular. It would helpful to have these process items 

formally included in the documents associated with the Notice of Policy, if not in 

the Notice itself. 

39. What defenses would airport authorities have against inverse condemnation 

lawsuits ("takings")?

40. I thought the FAA wished to stay away from infringing on local zoning powers, 

but this seems to cause Federal, State, and local government conflicts. What is the 

basis for this change? 

41. Doesn’t the FAA’s incorporation of these OEI procedures discourage the 

development of more efficient aircraft designs? In other words, by shifting the 

economic burden of compliance with OEI from the airlines (where it has rested for 

decades) onto local communities, isn’t the FAA dis-incentivizing the development 

of more efficient aircraft?

42. Given the far-reaching economic impacts, why is the FAA not seeking a 

rulemaking to ensure all parties and interests are equally represented? 
6

43. I understand that the FAA has heard repeated concerns about the plan, and the 

procedure by which it is implementing the plan, from a bipartisan group of 

lawmakers from across the country. Indeed, a bill (H.R. 4623) currently pending 

before the House of Representatives would require the FAA to proceed with its 

proposed changes via a rulemaking process. I further understand that the FAA has 

heard repeatedly from a number of outside organizations and individual entities 

who are concerned about the proposed changes. Is the FAA aware of these 

concerns? What is the agency’s response to these concerns? 

44. Will the FAA issue letter of hazard if a proposed obstacle busts the new OEI area 

or does it still have to bust the Part 77 area plus other protocols to generate a letter 

of hazard?

45. How would this affect existing buildings? 

46. What would be the climb gradient for protection? 40:1, 50:1 or what? 

47. There is a problem with close-in obstructions that do not penetrate the Part 77 but 

does cause a problem with OEI climb gradients. Therefore it does not mean that 

all OEI problem obstacles are identified. Is this a correct assumption? 

48. FAA should make funding available for the purchase of aviation easements in 

areas where it can be demonstrated that local jurisdictions are unable or unwilling 

to implement land use and/or zoning controls to protect an OEI corridor. Tie this 

funding to the submission of approved ALP containing OEI corridors. Funding is 

required since the implementation of uncompensated aviation easements is 

considered an “Impermissible Taking.”

49. How does the FAA plan to address 14 CFR 91.119 denoting that navigable 

airspace begins at an altitude of 500’ AGL other than that needed for the 

landings/takeoffs since this corridor is atypical for these purposes? 

50. Where is your cost benefit analysis to drive such a major change, instead of a few 

anecdotes?

51. Develop a guidebook for local jurisdictions explaining the need to protect OEI 

corridors, the methods to do so and the benefits to the community. This guidebook 

needs to expand upon AC 150/5190.4A “Model Zoning Ordinances to Limit 

Height of Objects Around Airports.” 
7

52. What would differentiate between a hazard and no hazard for a structure that 

penetrates an OEI surface? Would it be subject to the same review as non-OEI 

obstacle clearance surface penetrations (eg. Public circularization, mitigation 

negotiations). 

53. Which airports participated 2008 to 2010 pilot project? 

54. Will this presentation and audio be available to view/listen to later? 

55. Second question/comment: Would the obstacle shown under turning OEI surface 

shown in Slide 13 receive a hazard determination under the Notice of Policy? Even 

if it doesn't penetrate the Part 77 "straight out" approach and departure surfaces? 

56. Where will an OEI path be documented so airlines new to an airport after an OEI 

area is defined can find it? Will international airlines have access to this data. 

57. What were the results of the pilot program for the 5 airports that participated? Was 

a single path developed for each of these airports? 

58. Is there a proposed standard for how an OEI area is approved or is it left up to each 

airport and the stakeholders to determine their own method?

59. What impact will this policy change have on previously agreed to height 

limitations in cities like Miami? Will this policy change supersede what has 

already been agreed to by cities and FAA across the country?

60. Notwithstanding the significant policy change – which ordinarily would be subject 

to formal rulemaking, the FAA is proceeding by a “policy change” which carries 

no legal obligation to address or even consider the comments it receives in 

response to this Notice of Proposed Policy, correct? How will the FAA consider 

the comments it receives? 

61. In 2007, the FAA Airports Obstructions Standards Committee (AOSC) initiated 

the national OEI Pilot study. Miami International Airport (MIA) was one of five 

airports participating in the pilot. Miami-Dade Aviation Department (MDAD) 

coordinated the study and eventual zoning ordinance provisions in close 

cooperation with the FAA Air Traffic Division’s Southern Regional Office, Air 

Traffic Control Tower and National Air Traffic Controllers Union (NATCA). The 

result included Recommendations of Potential Alternative High Structure SetAside Zones, FAA ATO Key Component for County Approval (2007), Surfaces 
8

and Enforcement Codified into Ordinance Miami-Dade County Zoning Ordinance, 

Section 33-340 and a Memorandum of Agreement with the City of Miami. The 

2007 Zoning Ordinance underwent a comprehensive public hearing review process 

in close cooperation with the FAA. Please confirm support by FAA of such Pilot 

Programs with MDAD and the Zoning Ordinance developed there from. 

62. Could a structure be considered a hazard if it would penetrate a defined OEI path 

but would not exceed a current obstruction standard? If not, why not? 

63. I don't agree with the "existing buildings grandfathered" clause. If an existing 

building penetrates the surface as designed, there is a flaw in the design. 

Developers will use existing grandfathered buildings as precedents for new 

penetrations to the surface. The surface should be designed initially so that no 

buildings penetrate it; therefore it will provide a realistic margin of safety, and it's 

credible to the general public. 

64. Once a single OEI path is identified on the ALP, will AIP funds be available for 

maintaining the OEI path clear of obstructions?

65. Can two OEI corridors be permitted since some airlines can perform close-in turns 

and other must remain on runway heading for a further distance? 

66. Can you explain a little further about the 6,400 flights to the west coast that are 

affected? Is this because of the one airport in the east? Which airport is that? Can 

you repeat the destinations in the west that are affected? 

67. How will the "safe OEI" corridor be determined - will specific procedure from 

various airlines be examined? 

68. Why is the FAA going to attempt to implement lower airspace restrictions around 

airports when they have admitted on past power point presentations that this will 

be impossible to implement?

69. Why does the FAA allow for a lower climb gradient on one engine out operations 

when evaluating an aircraft to receive certification, when they know that this is 

below current protected airspace?

70. Why is the FAA attempting to take land rights from property owners to benefit the 

air carriers, so they can meet maximum payload for more financial benefits?

71. Why not just require the aircraft manufactures install a larger engine package to 
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meet current departure requirements?

72. I reviewed the NTSB reports and found only 2 reports that specify engine failure 

on take-off since 1978. What is the justification for implementation of this 

criterion other than a financial benefit and increase utilization of available aircraft 

seats? Aircraft safety is not reflected in historical reporting the loss.

73. At a time when the US economy is starting to rebound from the most recent 

recession, has the FAA considered how limiting development around airports 

could slow the progress that has been made in recent years? 

74. The FAA is changing longstanding policy with huge economic implications, yet 

only briefed the why and how for 20 minutes, which is inadequate. 

75. Has the FAA considered the impact on our nation's communications infrastructure, 

which often requires tall towers and rooftops to support wireless facilities? In 

particular, has the FAA considered the potential impact on communications 

consumers and possible service interruptions as a result of this changed policy?

76. Does the FAA believe that the OEI policy change could affect building height? 

Could the policy change affect the use, availability, or value of private air rights 

above buildings that could be transferred under local Transferrable Development 

Rights (TDR) programs or ordinances? How does the OEI policy change affect the 

ability of a building to secure financing, or obtain insurance coverage, if the 

building (or the available private air rights above it) is subsequently deemed "too 

high" as a result of the policy change? Will FAA study these issues and address 

them specifically? 

77. If the FAA is under no legal obligation under the Administrative Procedures Act or 

any other relevant law to address or even consider the comments it receives in 

response to this Notice of Proposed Policy, to what degree will the FAA take into 

account the comments it receives today and in response to the NPR? 

78. What form of notice requirements would an airport have to provide to stakeholders 

at the outset of the process to define an OEI path? 

79. Is this only for commercial departure runways? So if you are near one of those, it 

would not be applicable, right?

80. Given the potentially far-reaching impacts of the OEI policy, why isn’t the FAA 
10

conducting a cost-benefit analysis to assess the impacts of the policy on local 

communities? Surely the Office of Management and Budget could easily assess the 

impacts of this proposed change.

81. Aside from working with the airlines and airports, what direct outreach has the 

FAA conducted with city or county officials, or the development community at 

large, about this policy change? 

82. Where an airport is not owned by the local government, will the Advisory Circular 

include a standard procedure for how local airport owners shall engage with local 

governments and other community stakeholders? 

83. Can you talk a little more about the pilot project at Reagan National Airport? 

84. Will 62.5:1 be the required surface gradient or will other less or more restrictive 

slopes (based on existing obstructions) be accepted by the FAA (based of course 

on community and airline coordination)? 

85. The FAA claims that adding OEI procedures to Part 77 considerations will increase 

capacity for airlines. Has the FAA conducted any analysis to support this 

conclusion? 

86. Has the FAA conducted any empirical assessment of any kind regarding the 

potential economic impact on local communities and tax bases resulting from this 

proposed change? Even with a single path, there will be affected property owners 

that will see a decrease in their property values. 

87. It appears that the FAA has not conducted any analysis of the impacts of this 

policy on local communities, despite the far-reaching effects. In the FAA’s 

absence, the Weitzman Group, a group of independent consultants and economists, 

has conducted such a study, and found that proposed policy would affect thousands 

of buildings nationwide - which would, of course, have enormous ramifications 

for local tax bases and jobs. Has the FAA reviewed this study? What is the 

agency’s response to this study? 

88. The loss of an engine on departure is an emergency condition. How often during a 

condition this close to the ground is the pilot or co-pilot going to have time to pull 

out a departure chart and fly it?

89. It is reported in the advisory circular on one engine out procedures that it is likely 
11

to require more than one departure surface for every runway to cover the numerous 

possible engine failure conditions. Is it feasible to think that a pilot will know, off 

the top of the head, what the procedure is that they need to use during the 

emergency?

90. Is the FAA ready to take responsibility of protecting and monitoring penetrations 

to departure procedures that were developed by someone other than the FAA? 

Such as a third party contractor or the air carrier using the airport? What will be 

the quality control requirements or certification process to accept such a procedure 

to insure it does not have an obstruction penetration?

91. The loss of an engine on departure is an emergency condition. 

92. Has the FAA conducted any empirical assessment of any kind regarding the 

potential economic impact on local communities and tax bases resulting from this 

proposed change? 

93. Has the improvement in aircraft design and fuel efficiency been taking into account 

by the FAA when considering this policy change? 

94. What is the projected time frame for implementation of this policy? Will airports 

be encouraged to go through the coordinated OEI development process by a date 

certain? One of the concerns about the proposed new policy is predictability in 

local planning and zoning. How will local planning organizations know in 

advance whether cumulative impact might result in a hazard determination 

especially if no voluntary local OEI procedure has yet been developed? 

95. What economic studies has the FAA done to conclude that this issue truly is one of 

efficiency? 

96. Would this proposal apply to any size of airport or only those airports that serve 

certain categories of airplanes? 

97. The Notice goes on to state that, “The last forty years have shown economic 

activity and structures only accelerating around airports—creating an ever 

increasing risk.” I don’t know why you state this proposition as if it’s a bad thing. 

Communities build airports to bring economic development. Why is it now being 

condemned? 

98. How often during a condition this close to the ground is the pilot or co-pilot going 
12

to have time to pull out a departure chart and fly it?

99. For properties that are grandfathered in under a single OEI path, what happens if 

the building has to be reconstructed? Would the building be allowed to be rebuilt to 

its previous height? If not, for condo building, some people could literally suffer 

the loss of their homes. 

100. It is reported in the advisory circular on one engine out procedures that it is likely 

to require more than one departure surface for every runway to cover the numerous 

possible engine failure conditions. Is it feasible to think that a pilot will know, off 

the top of the head, what the procedure is that they need to use during the 

emergency?

101. Who makes the decision regarding the location of the path when the community 

impacted is NOT the owner of the airport? 

102. Assuming that OEI routes will be constructed to consider existing obstacles 

(horizontally and vertically), why would the FAA need to grandfather a structure? 

103. Cities value airports because they bring jobs and economic activity, yet the FAA 

proposal on OEI is designed to harm the very thing cities are trying attract. Why? 

104. What are the next steps? How can we as property owners ensure that our voices are 

being heard? 

105. Under the pilot program, has the FAA consulted with communities in developing 

its proposed procedures? How does this policy change envision airports, local 

communities and landowners will be involved in the process of establishing the 

single OEI path? What's the process by which an agreement is finalized between 

stakeholders? 

106. Is air travel unsafe as a result of the current OEI practice? 

107. Please address what the FAA anticipates to document regarding OEI (AC's, FAA 

Orders, etc.) 

108. Does the FAA intend to compensate land owners for loss of value/impacts to 

investment-backed expectations for high-rise buildings? 

109. Will a collocation of an additional antenna on an existing communications tower be 
13

allowed if the tower has been grandfathered in under the OEI policy? 

110. Infill land sites near airports are generally considered desirable for higher density, 

transit-oriented development projects. "Smart growth" principles encourage the 

use and re-use of these sites. Has FAA considered the impact of any OEI policy 

change on the environmental, land use, and transportation benefits to be gained 

from higher density development near airports? Has the FAA coordinated with 

local land use planning bodies and transportation planning agencies, to determine 

the impact of any OEI policy change on the substantial community and livability 

benefits gained by "smart growth" development? 

111. What obligation will airports have to work with local political leaders, development 

associations, community leaders, etc.?

112. Can the FAA quantify/explain what the economic benefits will be to airlines if the 

policy is changed? 

113. PPT stated FAR PT 77 will not change. PPT also stated that PT 77 definition of 

capacity does not apply to payload. How will PT 77 unchanged now protect OEI 

from the standpoint of capacity (payload)? 

114. What has the FAA concluded the economic impact will be to local jurisdictions and 

property owners if the policy is changed? 

115. Isn't the current fleet of 4-engine planes designed to operate on less than 4 engines? 

116. Once the airport sponsor identifies a voluntary OEI path, will the FAA determine 

whether there is are currently no hazards so the airport can proceed on that basis? 

117. The proposed policy says that each airport should develop OEI surfaces “with input 

from users/operators and communities” in coordination with the FAA, but then 

goes on to say that any airport experiencing “encroachment” should work with its 

users during the Master Planning Process to propose a dedicated OEI surface on 

the ALP?

118. How will communities and landowners be incorporated into the process?

119. Once an OEI surface is developed, will it be revised/revisited from time to time to 

account for changes in airport/aircraft use?
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120. What does the FAA mean by “encroachment” and at what point will 

“encroachment” support an OEI surface? What safeguards are in place to protect 

local communities’ authority over land use planning?

121. Reference your example, a Determination of No Hazard was issued because the 

Obstruction Evaluation Group (OEG) could only issue a hazard if a Part 77 surface 

was penetrated. At that time, OEI penetrations were not contained in Part 77. It 

sounded like the OEG completely ignored the objections.

122. Since the Notice Criteria Tool basically requires anything 1-foot or taller to file 

notice with the FAA, does this really mean that every notice filed will be subject to 

the OEI review? 

123. If a structure does not penetrate any of the current Part 77 surfaces, can it still 

penetrate the proposed OEI surface?

124. How will the public be made aware of which airports have adopted an OEI track 

and what the OEI track looks like?

125. What will the FAA's role in approving or denying OEI routes submitted by airports?

126. This whole proposal seems based on insufficient data and can be viewed as an 

assault on private property by the Federal government. The FAA traditionally has 

been very careful about not encroaching on local zoning powers. Has there been a 

Federalism analysis of this proposal, and if so, by whom? If not, why not? 

127. Proposed policy applies to all commercial service runways, including those that 

only serve turbopropos, correct? 

128. So if MIA is in compliance with the proposed OEI procedures by having a single 

path, there should be no issue adhering to the Miami Zoning Height Atlas the FAA 

was a party to creating in 2007, unless the goal is to obstruct public benefit in favor 

of the private benefits for the carriers. Please correct me if I am misunderstanding 

the rational for failing to require specified flight paths for all carriers, until a safe 

altitude is reached. 

129. Which organization within FAA will approve/deny OEI routes? 

130. Generally speaking, if a community fails to zone properly and has already provided 

permits for a building to commence that may be over the height limit within a 

potential preferred zone, has your legal department discussed the impact of 
15

"taking" private property rights? 

131. What if the straight path off the runway diverges into two different paths? Would 

each path have to have an OEI escape path? 

132. Are we going to have access to a list of airport that apply the OEI procedures and 

will we have access to those procedures to protect for them? 

133. Why has the FAA chosen to amend the policy rather than utilize the formal 

rulemaking process set out in APA? 

134. Since the FAA is now planning on taking into consideration the economic impact of 

development on airlines, will the FAA also consider economic impact of OEI on 

non-aviation development projects? 

135. If an Airport identifies an OEI on the ALP, what obligations will it incur? 

136. You discuss grandfathering, what is the precise legal definition of when that would 

be triggered? Timing of approved permits, if already under construction, if already 

built but not occupied, only if occupied, etc? 

137. What are the dimensions and geometry of a single OEI path? What criteris 

determine an OEI path for the sake of planning?

138. Is there a public process mandate for how the airport picks the OEI path to add to 

their ALP?

139. This proposal seems designed to cause a Federal, State, and local government clash, 

and it is anti-economic development and anti-jobs. Why is the FAA doing this? 

Where is the documented problem? Do the Air Traffic Organization and new COO 

fully support this proposal? 

140. Has the FAA conducted an economic impact analysis of implementing OEI? 

141. How many degrees wide would the path be? 

142. Have there been specific accidents due to the building around airport, if so when 

and where? 

143. Can you provide a plan view and profile view of what the OEI surface is? 
16

144. You discussed several pilot projects attempted from 2008-2010. Are the results of 

these projects publicly available? 

145. Can you explain what variables would go into calculating an OEI procedure impact 

height below which a development would receive a Notice of Presumed Hazard? 

146. Will OEI surfaces be based on the least efficient aircraft operating at an airport or 

will there be some assessment of use at the airport before establishing OEI surface 

heights? 

147. How confident are you that it is possible to come up with a single path that is 

adequate for all aircraft, time of failure, and other variables? 

148. Will the FAA seek and obtain the consent of OMB-OIRA prior to any decision on 

this proposed OEI policy? 

149. On The Grand at Papago Park Center in Tempe, we worked with Sky Harbor/FAA 

on building height prior to securing our approvals and complied. Today, The 

Grand at Papago Park Center has all necessary zoning approvals and a letter from 

City of Phoenix Aviation indicating that it “will not object to the proposed 

conceptual development conditioned upon a FAA no Hazard determination and 

maximum development heights not exceeding the height limitation.” Assuming 

the FAA is not going to modify existing requirements, I assume we are okay. The 

question to me is whether the FAA is going to modify/adjust down the existing 

requirements? 

150. You mention in the presentation that a study was conducted with MIA. Can you 

confirm that the County Approved Height Zone Area Map as approved and 

adopted will not be modified?

151. If the OEI policy change could restrict building height, what does this do to 

buildings that already exist but are too high in light of the policy change? 

152. If so, this appears to be a taking. How will land owners be compensated for their 

development rights being removed? 

153. Have there been any studies done on the impact of OEI on metropolitan smart 

growth policies? 

154. What is the benefit of the OEI policy to landowners who purchased with 
17

development expectations that include certain allowable heights under current local 

zoning policies? Will there be any compensation expectation? 

155. Would an acceptable OEI path be able to follow a body of water? Was the solution 

in the pilot program for DCA to follow along the Potomac River for example? 

156. Currently, different divisions within the FAA evaluate their respective areas of 

responsibility (e.g. TERPS, Part77, Radar, etc.) Which FAA line-of-business will 

have the responsibility to evaluate / comment on 7460s that penetrate the 

consolidated, agreed-upon OEI surfaces? 

157. Does it make sense to restrict cargo levels into what are primary passenger airports 

such as Reagan National? 

158. How would this affect buildings that are not yet constructed but are approved for 

construction? 

159. What happens if the Airport can't get all parties to agree on a single OEI path 

160. What were the results of the pilot program? You said it was successful but I am 

having trouble finding any information about the pilot program, how it was 

implemented, and what the results were for the specific airports. 

161. Why not refer this issue to the Aviation Rulemaking Advisory Committee, and set 

up a working group composed of all affected stakeholders, in an attempt to reach 

common ground and a unified approach, versus adopting a policy just to add 

capacity via OEI paths that directly conflict with real estate development? 

162. Will FAA have the authority to approve or reject a particular airport's OEI corridor? 

For example, if the airport, airlines, and community agree to a dual splay (one 

straight, and one turning) path, would the FAA reject this because the FAA rule 

specifies a single path? 

163. Proposal references the impact of One Engine Inoperative (“OEI”) surfaces ONLY 

for “proposed structure”. Existing structures within the OEI surface would be 

grandfathered and not subject to this proposed policy; however, this proposal 

would apply to modifications to such structures. Specify types of “Modification” 

that would be considered for Part 77.

164. How about when a proponent files for a temporary construction crane and the FAA 
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imposes filing for the underlying existing structure? 

165. Will there be a delay in issuing a determination due to the inclusion of OEI surfaces 

“Developing OEI surfaces is a voluntary decision the airport owner makes in 

coordination with the FAA, with input from the users/operators and local 

community” – therefore if a structure requires lighting solely due to OEI surfaces, 

the airport should light the structure and maintain.

166. According to the notice, OEI requirements will not be included in PART 77. Will 

the FAA’s NOTICE CRITERIA TOOL include OEI surfaces? 

167. By the way, developers and private property owners have invested billions of 

dollars in buildings, and this interferes with their investment-backed expectations. 

168. You say a single path is voluntary but what if no path is determined and there are 

buildings that exceed the heigth requirements?

169. Will FAA publish the OEI surfaces? And will the public have access to the 

surfaces?

170. Will all carriers serving and airport be consulted - including foreign carriers? 

171. What is the projected time frame for implementation of this policy? Will airports be 

encouraged to go through the coordinated OEI development process by a date 

certain? One of the concerns about the proposed new policy is predictability in 

local planning and zoning. How will local planning organizations know in advance 

whether cumulative impact might result in a hazard determination especially if no 

voluntary local OEI procedure has yet been developed? 

172. Since you are not conducting this "public meeting" in a fully transparent manner, 

letting others see all questions, or even just restating the questions with specificity, 

when will all questions and comments be made publicly available? 

173. Would the FAA provide obstruction charts for the area contained by the OEI path? 

174. Once the comment period closes, how long will it take for FAA to decide to 

implement an OEI policy? 

175. Will published OEI procedures also be issued with the Departure Charts? 
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176. You say you will encourage updated zoning codes to account for and protect 

designated OEI paths. What is the consequence for localities that do not do so?

177. What protections will be in place for minority of localities that do not have a say in 

airport operations? Seems that you are correctly keeping the decision local, but a 

significant part of that is the localities presence in the airport management. Will 

there be stricter guidelines or instruction from the FAA for those airports that do 

not have that aspect? 

178. Would the OEI's be published with the normal IFR procedures? 

179. Will this be incorporated into Part 77? 

180. Are you going to publish answers to all questions asked? 

181. Will there be technical guidance for us to take to our local zoning office?

182. Are there liability issues for airports that do not participate in OEI planning?