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airspace of the United States" (49 U.S.C. § 40103(a)(1)). <br />2) In order to use this airspace, the FAA Administrator is responsible <br />for: <br />i. Plans and policy for the safe use of the navigable airspace <br />(49 U.S.C. § 40103(b)(1); and <br />ii. "[R]egulations on the flight of aircraft (including regulations <br />on safe altitudes) for navigating, protecting and identifying <br />aircraft; protecting individuals and property on the ground; <br />using the navigable airspace efficiently; and preventing <br />collision between aircraft, between aircraft and land or <br />water vehicle, and between aircraft and airborne objects" <br />(49 U.S.C. § 491 g3(b)(2)}. <br />3) The FAA's aeronautical studies for project structures are the <br />definitive standard for assessing compliance with federal aviation <br />safety laws and regulations (49 U.S.C. § 77.1(c)). This federal <br />authority is recognized in State law (Cal. PUC §21240). <br />f. The FAA will conduct an aeronautical study (49 U.S.C. §44718 and <br />14 CFR Part 77) and issue its Determinations for individual <br />implementing projects that exceed 200 feet in height and are <br />submitted within the Specific Plan area. <br />g. The Project is an approval only as to the specific plan. No specific <br />structures are contemplated as part of the Project. Therefore, nothing <br />in the Project will create an obstruction or hazard to air navigation <br />within the meaning of 14 CFR Part 77, and no part of the Project <br />involves the proposed construction or alteration of any structures. <br />Accordingly, no aeronautical study is required as part of the Project. <br />See 49 USC 44718; 14 CFR Part 77; FAA order JO 7400.2M. <br />h. Based on the foregoing, the Project is consistent with AELUP's height <br />standards. <br />i. The other entities that have processed or commented on this project <br />have aviation safety duties and responsibilities related to this matter. <br />E ac h of these entities relies on or ultimately defers to the FAA's <br />authoritative aviation safety role in airspace determinations. <br />1) The AELUP for JWA, Section 2.1.3 Building Height Restrictions <br />states, "in adopting criteria for building height restrictions in the <br />vicinities of airports, the Commission considered only one <br />standard and that was Federal Aviation Regulations Part 77 ([14 <br />Resolution No. 2024-054 <br />