Code of Federal Regulations - Title 14

564

14 CFR Ch. I (1–1–14 Edition)

§ 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
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

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