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§77.13 Construction or alteration requiring notice. (a) Except as provided in §77.15,
each sponsor who proposes any of the following construction or alteration
shall notify the Administrator in the form and manner prescribed in §77.17: (1) Any construction or
alteration of more than 200 feet in height above the ground level at its
site. (2) Any construction or
alteration of greater height than an imaginary surface extending outward and
upward at one of the following slopes: (i) 100 to I for a horizontal
distance of 20,000 feet from the nearest point of the nearest runway of each
airport specified in paragraph (a) (5) of this section with at least one
runway more than 3,200 feet in actual length, excluding heliports. (ii) 50 to 1 for a horizontal
distance of I0,000 feet from the nearest point of the nearest runway of each
airport specified in paragraph (a) (5) of this section with its longest
runway no more than 3,200 feet in actual length, excluding heliports. (iii) 25 to I for a horizontal
distance of 5,000 feet from the nearest point of the nearest landing and
takeoff area of each heliport specified in paragraph (a) (5) of this section. (3) 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 overcrossings 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 mobile object that
would normally traverse it, would exceed a standard of paragraph (a) (1) or
(2) of this section. (4) When requested by the FAA,
any construction or alteration that would be in an instrument approach area
(defined in the FAA standards governing instrument approach procedures) and
available information indicates it might exceed a standard of Subpart C of
this part. (5) Any construction or
alteration on any of the following airports (including heliports): (I) An airport that is available for
public use and is listed in the Airport Directory of the current Airman's
Information Manual or in either the Alaska or Pacific Airman's Guide and
Chart Supplement. (ii) An airport under construction,
that is the subject of a notice or proposal on file with the Federal Aviation
Administration, and except for military airports, is clearly indicated that
that airport will be available for public use. (III) An airport that is
operated by an armed force of the United States. (b) Each sponsor who proposes
construction or alteration that is the subject of a notice under paragraph
(a) of this section and is advised by an FAA regional office that a
supplemental notice is required shall submit that notice on a prescribed form
to be received by the FAA regional office at least 48 hours before the start
of construction or alteration. (c) Each sponsor who undertakes
construction or alteration that is the subject of a notice under paragraph
(a) of this section shall, within 5 days after that construction or alteration
reaches its greatest height, submit a supplemental notice on a prescribed
form to the FAA regional office having jurisdiction over the region involved,
if - (1) The construction or
alteration is more than 200 feet above the surface level of its site; or (2)
An FAA regional office advises him that submission of the form is required. |
§77.15 Construction or alteration not requiring notice. No
person is required to notify the Administrator for any of the following
construction or alteration: (a) Any object that would be shielded
by existing structures of a permanent and substantial character or by natural
terrain or topographic features of equal or greater height, and would be
located in the congested area of a city, town, or settlement where it is evident
beyond all reasonable doubt that the structure so shielded will not adversely
affect safety in air navigation. (b) Any antenna structure of 20 feet
or less in height except one that would increase the height of another
antenna structure. (c) Any air navigation facility,
airport visual approach or landing aid, aircraft arresting device, or
meteorological device, of a type approved by the Administrator, or an
appropriate military service on military airports, the location and height of
which is fixed by Its functional purpose. (d) Any construction or alteration
for which notice is required by any other FAA regulation. §77.17 Form and time of notice. (a) Each person who is required to
notify the Administrator under §77.13 (a) shall send one executed form set of
FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the
Manager, Air Traffic Division, FAA Regional Office having jurisdiction over
the area within which the construction or alteration will be located. Copies
of FAA Form 7460-1 may be obtained from the headquarters of the Federal
Aviation Administration and the regional offices. (b) The notice required under §77.13
(a) (1) through (4) must be submitted at least 30 days before the earlier of
the following dates - (1) The date the proposed
construction or alteration is to begin. (2) The date an application for a
construction permit is to be filed. However, a notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to the FAA at the same time the application for construction is filed with the Federal Communications Commission, or at any time before that filing. (e) A proposed structure or an
alteration to an existing structure that exceeds 2,000 feet in height above
the ground will be presumed to be a hazard to air navigation and to result in
an inefficient utilization of airspace and the applicant has the burden of
overcoming that presumption. Each notice submitted under the pertinent
provisions of this part 77 proposing a structure in excess of 2,000 feet
above ground, or an alteration that will make an existing structure exceed
that height, must contain a detailed showing, directed to meeting this
burden. Only in exceptional cases, where the FAA concludes that a clear and
compelling showing has been made that it would not result in an inefficient
utilization of the airspace and would not result in a hazard to air
navigation, will a determination of no hazard be issued. (d) In the case of an emergency involving
essential public services, public health, or public safety that requires
immediate construction or alteration, the 30 day requirement in paragraph (b)
of this section does not apply and the notice may be sent by telephone,
telegraph, or other expeditious means, with an executed FAA Form 7460-1
submitted within five (5) days thereafter. Outside normal business hours,
emergency notices by telephone or telegraph may be submitted to the nearest
FAA Flight Service Station. (e) Each person who is required to
notify the Administrator by paragraph (b) or (c) of §77.13, or both, shall
send an executed copy of FAA Form 7460-2, Notice of Actual Construction or
Alteration, to the Manager, Air Traffic Division, FAA Regional Office having
jurisdiction over the area involved. |
ADDRESSES
OF THE REGIONAL OFFICES
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Alaska Region AK Alaskan Regional
Office Air Traffic
Division, AAL-530 222 West 7th
Avenue Anchorage, AK 99513 Tel: 907-271-5893 Central Region IA, KS, MO, NE Central Regional
Office Air Traffic
Division, ACE-520 601 East 12th
Street Kansas City, MO
64106 Tel: 816-426-3408
or 3409 |
Eastern Region DC, DE, MD, NJ, NY, PA, VA, WV Eastern Regional
Office Air Traffic
Division, AEA-520 JFK International
Airport Fitzgerald Federal
Building Jamaica, NY 11430 Tel: 718-553-2616 Great Lakes Region IL, IN, MI, MN, ND, OH, SD, WI Great Lakes
Regional Office Air Traffic
Division, AGL-520 2300 East Devon
Avenue Des Plaines, IL
60018 Tel: 847-294-7568 New England Region CT, MA, ME, NH, RI, VT New England
Regional Office Air Traffic
Division, ANE-520 12 New England
Executive Park Burlington, MA
01803-5299 Tel: 781-238-7520 |
Northwest Mountain Region CO, ID, MT, OR, UT, WA, WY Northwest Mountain
Regional Office Air Traffic
Division, ANM-520 1601 Lind Avenue,
SW Renton, WA
98055-4056 Tel: 425-227-2520 Southern Region AL, FL, GA, KY, MS, NC, PR, SC, TN, VI Southern Regional
Office Air Traffic
Division, ASO-520 1701 Columbia
Avenue College Park, GA
30337 Tel: 404-305-5585 |
Southwest Region AR, LA, NM, OK, TX Southwest Regional
Office Air Traffic
Division, ASW-520 2601 Meacham
Boulevard Fort Worth, TX
76137-0520 Western Pacific Region HI, CA, NY, AZ, GU Western-Pacific
Regional Office Air Traffic
Division, AWP-520 15000 Aviation
Boulevard Hawthorne, CA 90260 Tel: 310-725-6557 |
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FAA Form 7460-1 (2-99) Supersedes Previous Edition |
NSN: 0052-00-012-0008 |
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Please Type or Print on This Form Form
Approved OMB No. 2120-0001
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U.S.
Department of Transportation Federal Aviation Administration |
Failure To
Provide All Requested Information May Delay Processing of Your Notice Notice of
Proposed Construction or Alteration |
FOR FAA USE
ONLY |
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Aeronautical
Study Number - -
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Attn. of: [ 1] Name: [ 2] City: [ 5] State: [ 6] Zip: [ 7] 2. Sponsor's Representative
(if other than #1) : Attn. of: [ 10] Name: [ 11] Address: [ 12] City: [ 14] State: [ 15] Zip: [ 16] 3. Notice of: [ 19] New Construction [ 20]Alteration [ 21] Existing 4. Duration: [ 22] Permanent [ 23]Temporary ( [ 24]months, [ 25]days) 5. Work Schedule: Beginning [ 26] End
[ 27] | |||||||||||
