title-14-part-77-sec77-7

654

14 CFR Ch. I (1–1–24 Edition)

§ 77.3

(d) The process to petition the FAA

for discretionary review of determina-
tions, revisions, and extensions of de-
terminations.

§ 77.3

Definitions.

For the purpose of this part:
Non-precision instrument runway

means a runway having an existing in-
strument approach procedure utilizing
air navigation facilities with only hori-
zontal guidance, or area type naviga-
tion equipment, for which a straight-in
non-precision instrument approach
procedure has been approved, or
planned, and for which no precision ap-
proach facilities are planned, or indi-
cated on an FAA planning document or
military service military airport plan-
ning document.

Planned or proposed airport is an air-

port that is the subject of at least one
of the following documents received by
the FAA:

(1) Airport proposals submitted under

14 CFR part 157.

(2) Airport Improvement Program re-

quests for aid.

(3) Notices of existing airports where

prior notice of the airport construction
or alteration was not provided as re-
quired by 14 CFR part 157.

(4) Airport layout plans.
(5) DOD proposals for airports used

only by the U.S. Armed Forces.

(6) DOD proposals on joint-use (civil-

military) airports.

(7) Completed airport site selection

feasibility study.

Precision instrument runway means a

runway having an existing instrument
approach procedure utilizing an Instru-
ment Landing System (ILS), or a Pre-
cision Approach Radar (PAR). It also
means a runway for which a precision
approach system is planned and is so
indicated by an FAA-approved airport
layout plan; a military service ap-
proved military airport layout plan;
any other FAA planning document, or
military service military airport plan-
ning document.

Public use airport is an airport avail-

able for use by the general public with-
out a requirement for prior approval of
the airport owner or operator.

Seaplane base is considered to be an

airport only if its sea lanes are out-
lined by visual markers.

Utility runway means a runway that

is constructed for and intended to be
used by propeller driven aircraft of
12,500 pounds maximum gross weight
and less.

Visual runway means a runway in-

tended solely for the operation of air-
craft using visual approach procedures,
with no straight-in instrument ap-
proach procedure and no instrument
designation indicated on an FAA-ap-
proved airport layout plan, a military
service approved military airport lay-
out plan, or by any planning document
submitted to the FAA by competent
authority.

Subpart B—Notice Requirements

§ 77.5

Applicability.

(a) If you propose any construction

or alteration described in § 77.9, you
must provide adequate notice to the
FAA of that construction or alteration.

(b) If requested by the FAA, you

must also file supplemental notice be-
fore the start date and upon comple-
tion of certain construction or alter-
ations that are described in § 77.9.

this subpart is used to:

(1) Evaluate the effect of the pro-

posed construction or alteration on
safety in air commerce and the effi-
cient use and preservation of the navi-
gable airspace and of airport traffic ca-
pacity at public use airports;

(2) Determine whether the effect of

proposed construction or alteration is
a hazard to air navigation;

(3) Determine appropriate marking

and lighting recommendations, using
FAA Advisory Circular 70/7460–1, Ob-
struction Marking and Lighting;

(4) Determine other appropriate

measures to be applied for continued
safety of air navigation; and

(5) Notify the aviation community of

the construction or alteration of ob-
jects that affect the navigable air-
space, including the revision of charts,
when necessary.

§ 77.7

Form and time of notice.

(a) If you are required to file notice

under § 77.9, you must submit to the
FAA a completed FAA Form 7460–1,
Notice of Proposed Construction or Al-
teration. FAA Form 7460–1 is available

VerDate Sep<11>2014

14:00 Mar 14, 2024

Jkt 262047

PO 00000

Frm 00664

Fmt 8010

Sfmt 8010

Q:\14\14V2.TXT

PC31

aworley on LAPBH6H6L3 with DISTILLER

655

Federal Aviation Administration, DOT

§ 77.9

at FAA regional offices and on the
Internet.

(b) You must submit this form at

least 45 days before the start date of
the proposed construction or alteration
or the date an application for a con-
struction permit is filed, whichever is
earliest.

teration that is also subject to the li-
censing requirements of the Federal
Communications Commission (FCC),
you must submit notice to the FAA on
or before the date that the application
is filed with the FCC.

(d) If you propose construction or al-

teration to an existing structure that
exceeds 2,000 ft. in height above ground
level (AGL), the FAA presumes it to be
a hazard to air navigation that results
in an inefficient use of airspace. You
must include details explaining both
why the proposal would not constitute
a hazard to air navigation and why it
would not cause an inefficient use of
airspace.

(e) The 45-day advance notice re-

quirement is waived if immediate con-
struction or alteration is required be-
cause of an emergency involving essen-
tial public services, public health, or
public safety. You may provide notice
to the FAA by any available, expedi-
tious means. You must file a completed
FAA Form 7460–1 within 5 days of the
initial notice to the FAA. Outside nor-
mal business hours, the nearest flight
service station will accept emergency
notices.

§ 77.9

Construction or alteration re-

quiring notice.

If requested by the FAA, or if you

propose any of the following types of
construction or alteration, you must
file notice with the FAA of:

(a) Any construction or alteration

that is more than 200 ft. AGL at its
site.

(b) Any construction or alteration

that exceeds an imaginary surface ex-
tending outward and upward at any of
the following slopes:

(1) 100 to 1 for a horizontal distance

of 20,000 ft. from the nearest point of
the nearest runway of each airport de-
scribed in paragraph (d) of this section
with its longest runway more than

3,200 ft. in actual length, excluding hel-
iports.

(2) 50 to 1 for a horizontal distance of

10,000 ft. from the nearest point of the
nearest runway of each airport de-
scribed in paragraph (d) of this section
with its longest runway no more than
3,200 ft. in actual length, excluding hel-
iports.

(3) 25 to 1 for a horizontal distance of

5,000 ft. from the nearest point of the
nearest landing and takeoff area of
each heliport described in paragraph
(d) of this section.

traverse way for mobile objects, of a
height which, if adjusted upward 17 feet
for an Interstate Highway that is part
of the National System of Military and
Interstate Highways where over-
crossings are designed for a minimum
of 17 feet vertical distance, 15 feet for
any other public roadway, 10 feet or
the height of the highest mobile object
that would normally traverse the road,
whichever is greater, for a private
road, 23 feet for a railroad, and for a
waterway or any other traverse way
not previously mentioned, an amount
equal to the height of the highest mo-
bile object that would normally tra-
verse it, would exceed a standard of
paragraph (a) or (b) of this section.

(d) Any construction or alteration on

any of the following airports and heli-
ports:

(1) A public use airport listed in the

Airport/Facility Directory, Alaska
Supplement, or Pacific Chart Supple-
ment of the U.S. Government Flight
Information Publications;

(2) A military airport under construc-

tion, or an airport under construction
that will be available for public use;

(3) An airport operated by a Federal

agency or the DOD.

(4) An airport or heliport with at

least one FAA-approved instrument ap-
proach procedure.

(e) You do not need to file notice for

construction or alteration of:

(1) Any object that will be shielded

by existing structures of a permanent
and substantial nature or by natural
terrain or topographic features of equal
or greater height, and will be located
in the congested area of a city, town,