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k. Based on the foregoing, the Project is consistent with AELUP's <br />height standards. <br />The ALUC has uncertain statements within its AELUP regarding who <br />has final authority in determining whether a building is an obstruction <br />or hazard. Each entity that has aviation safety duties and <br />responsibilities related to this matter relies on or ultimately defers to <br />the FAA's authoritative aviation safety role in airspace <br />determinations. <br />1) The AELUP for JWA, Section 2.1.3 Building Height <br />Restrictions states, "In adopting criteria for building height <br />restrictions in the vicinities of airports, the Commission <br />considered only one standard and that was Federal Aviation <br />Regulations Part 77 ([14CFR] Part 77) entitled, Objects <br />Affecting Navigable Airspace. These regulations are the only <br />definitive standard available [emphasis added] and the <br />standard most generally used. In the aeronautical studies, the <br />FAA determines if a project is considered an Obstruction and <br />if a project is determined to be a Hazard to Air Navigation" <br />2) Section 2.1.3 also recognizes FAA aeronautical studies <br />beyond 14 CFR Part 77 surfaces as the standard for review, <br />"In addition to the `imaginary surfaces,' the Commission will <br />use all of the FAR Part 77.23 standards along with the results <br />of FAA aeronautical studies, [emphasis added] or other <br />studies deemed necessary by the Commission, in order to <br />determine if a structure is an `obstruction."' This section goes <br />on to state: The Commission considers and recognizes the <br />FAA as the single "Authority" for analyzing project impact on <br />airport or aeronautical operations, or navigational -aid siting, <br />including interference with navigational- aids or published <br />flight paths and procedures. The Commission also considers <br />the FAA as the "Authority" for reporting the results of such <br />studies and project analyses. The Commission will not <br />consider the findings of reports or studies conducted by <br />parties other than the FAA unless the FAA certifies and adopts <br />such findings as true and correct. <br />3) This is in contradiction to Section 2.1.3 of the AELUP which <br />states: "A Determination of No Hazard to Air Navigation does <br />not automatically equate to a Consistency determination by <br />the ALUC. The FAA may also conclude in their aeronautical <br />study that a project is an Obstruction but not a Hazard to Air <br />Navigation. The Commission may find a project Inconsistent <br />based on an Obstruction determination. The Commission may <br />utilize criteria for protecting aircraft traffic patterns at individual <br />airports which may differ from those contained in FAR Part 77, <br />should evidence of health, welfare, or air safety surface <br />sufficient to justify such an action." <br />4) Neither the AELUP, nor the ALUC specify what their criteria <br />Resolution No. 2025-XXX <br />Page 16 of 20 <br />