Activity/Trigger
If the Secretary of Transportation decides that constructing or altering a structure may result in... after consultation with the Secretary of Defense, an adverse impact on military operations and readiness, the Secretary of Transportation shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment.
Description
A formal DOD review of a proposed project begins with the receipt from the Secretary of Transportation by the DOD Clearinghouse of a proper application filed with the Secretary of Transportation pursuant to 49 U.S.C. 44718... Not later than 30 days after receiving the application from the Secretary of Transportation, the Clearinghouse shall evaluate all comments and recommendations received and take one of three actions:
(i) Determine that the proposed project will not have an adverse impact on military operations and readiness, in which case it shall notify the Secretary of Transportation of such determination.
(ii) Determine that the proposed project will have an adverse impact on military operations and readiness but that the adverse impact involved is sufficiently attenuated that it does not require mitigation. When the Clearinghouse makes such a determination, it shall notify the Secretary of Transportation of such determination.
(iii) Determine that the proposed project may have an adverse impact on military operations and readiness.
(i) Determine that the proposed project will not have an adverse impact on military operations and readiness, in which case it shall notify the Secretary of Transportation of such determination.
(ii) Determine that the proposed project will have an adverse impact on military operations and readiness but that the adverse impact involved is sufficiently attenuated that it does not require mitigation. When the Clearinghouse makes such a determination, it shall notify the Secretary of Transportation of such determination.
(iii) Determine that the proposed project may have an adverse impact on military operations and readiness.
Statute or Regulations
DOD Mission Compatibility Evaluation Process, 32 CFR § 211.6 Initiating a formal DoD review of a proposed project; 49 U.S.C 44718, Structures interfering with air commerce or national security
Editorial Category