Federal Aviation Administration, DOT

Section 77.9

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

Subpart B - Notice Requirements

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Section 77.5 Applicability.
(a) If you propose any construction
or alteration described in Section 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 before the start date and upon completion of certain construction or alterations that are described in Section 77.9.
(c) Notice received by the FAA under
this subpart is used to:
(1) Evaluate the effect of the proposed construction or alteration on
safety in air commerce and the efficient use and preservation of the navigable airspace and of airport traffic capacity 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, Obstruction 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 objects that affect the navigable airspace, including the revision of charts,
when necessary.
Section 77.7 Form and time of notice.
(a) If you are required to file notice
under Section 77.9, you must submit to the
FAA a completed FAA Form 7460-1,
Notice of Proposed Construction or Alteration. FAA Form 7460-1 is available

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 construction permit is filed, whichever is
earliest.
(c) If you propose construction or alteration that is also subject to the licensing 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 alteration 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 requirement is waived if immediate construction or alteration is required because of an emergency involving essential public services, public health, or
public safety. You may provide notice
to the FAA by any available, expeditious means. You must file a completed
FAA Form 7460-1 within 5 days of the
initial notice to the FAA. Outside normal business hours, the nearest flight
service station will accept emergency
notices.
Section 77.9 Construction or alteration requiring 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 extending 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 described in paragraph (d) of this section
with its longest runway more than

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