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.
(c) If you propose construction or al-
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.
(c) Any highway, railroad, or other
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,
VerDate Sep<11>2014
14:00 Mar 14, 2024
Jkt 262047
PO 00000
Frm 00665
Fmt 8010
Sfmt 8010
Q:\14\14V2.TXT
PC31
aworley on LAPBH6H6L3 with DISTILLER
656
14 CFR Ch. I (1–1–24 Edition)
§ 77.11
or settlement where the shielded struc-
ture will not adversely affect safety in
air navigation;
(2) Any air navigation facility, air-
port visual approach or landing aid,
aircraft arresting device, or meteoro-
logical device meeting FAA-approved
siting criteria or an appropriate mili-
tary service siting criteria on military
airports, the location and height of
which are fixed by its functional pur-
pose;
(3) Any construction or alteration for
which notice is required by any other
FAA regulation.
(4) Any antenna structure of 20 feet
or less in height, except one that would
increase the height of another antenna
structure.
§ 77.11
Supplemental notice require-
ments.
(a) You must file supplemental no-
tice with the FAA when:
(1) The construction or alteration is
more than 200 feet in height AGL at its
site; or
(2) Requested by the FAA.
(b) You must file supplemental no-
tice on a prescribed FAA form to be re-
ceived within the time limits specified
in the FAA determination. If no time
limit has been specified, you must sub-
mit supplemental notice of construc-
tion to the FAA within 5 days after the
structure reaches its greatest height.
(c) If you abandon a construction or
alteration proposal that requires sup-
plemental notice, you must submit no-
tice to the FAA within 5 days after the
project is abandoned.
(d) If the construction or alteration
is dismantled or destroyed, you must
submit notice to the FAA within 5 days
after the construction or alteration is
dismantled or destroyed.
Subpart C—Standards for Deter-
mining Obstructions to Air
Navigation or Navigational
Aids or Facilities
§ 77.13
Applicability.
This subpart describes the standards
used for determining obstructions to
air navigation, navigational aids, or
navigational facilities. These standards
apply to the following:
(a) Any object of natural growth, ter-
rain, or permanent or temporary con-
struction or alteration, including
equipment or materials used and any
permanent or temporary apparatus.
(b) The alteration of any permanent
or temporary existing structure by a
change in its height, including appur-
tenances, or lateral dimensions, includ-
ing equipment or material used there-
in.
§ 77.15
Scope.
(a) This subpart describes standards
used to determine obstructions to air
navigation that may affect the safe and
efficient use of navigable airspace and
the operation of planned or existing air
navigation and communication facili-
ties. Such facilities include air naviga-
tion aids, communication equipment,
airports, Federal airways, instrument
approach or departure procedures, and
approved off-airway routes.
(b) Objects that are considered ob-
structions under the standards de-
scribed in this subpart are presumed
hazards to air navigation unless fur-
ther aeronautical study concludes that
the object is not a hazard. Once further
aeronautical study has been initiated,
the FAA will use the standards in this
subpart, along with FAA policy and
guidance material, to determine if the
object is a hazard to air navigation.
(c) The FAA will apply these stand-
ards with reference to an existing air-
port facility, and airport proposals re-
ceived by the FAA, or the appropriate
military service, before it issues a final
determination.
(d) For airports having defined run-
ways with specially prepared hard sur-
faces, the primary surface for each run-
way extends 200 feet beyond each end of
the runway. For airports having de-
fined strips or pathways used regularly
for aircraft takeoffs and landings, and
designated runways, without specially
prepared hard surfaces, each end of the
primary surface for each such runway
shall coincide with the corresponding
end of the runway. At airports, exclud-
ing seaplane bases, having a defined
landing and takeoff area with no de-
fined pathways for aircraft takeoffs
and landings, a determination must be
made as to which portions of the land-
ing and takeoff area are regularly used
VerDate Sep<11>2014
14:00 Mar 14, 2024
Jkt 262047
PO 00000
Frm 00666
Fmt 8010
Sfmt 8010
Q:\14\14V2.TXT
PC31
aworley on LAPBH6H6L3 with DISTILLER