Section 2. Notices
for notifying the FAA of proposed construction or alteration are contained in
Sections 77.13 (see FIG 5-2-1,
FIG 5-2-2, FIG 5-2-3,
and FIG 5-2-4) and 77.15. Advisory Circular
70/7460-2, Proposed Construction or Alteration of Objects that May Affect the
Navigable Airspace, provides the public guidance on the application of these
b. No notice is
required, as specified in Section 77.15(c), for certain equipment installations
“of a type approved by the Administrator" when the equipment is installed in
accordance with the established FAA siting criteria. Equipment installed in
compliance with the siting criteria without waivers and which do not affect
other runways do not have to be considered under part 77 criteria.
c. Examples of
equipment not requiring notice are:
1. Wind equipment
(except supplemental wind cones).
(Runway Visibility Value (RVV) and Runway Visual Range (RVR) equipment).
Landing Systems (ILS).
4. Visual Glide
Slope Indicators (VGSI).
a. Air traffic
personnel must administer obstruction evaluation studies with the coordinated
assistance of Airports, Technical Operations Services, Frequency Management,
Flight Standards, Flight Procedures Team, and military representatives.
b. The OEG must
process notices received under the provisions of Sections 44718 and part 77 as
OE cases. The exception to this is notices received under those provisions that
pertain to structures located on a public-use airport which must be processed by
the Airports Division as a nonrulemaking airport (NRA) case (defined in part 3,
Airport Airspace Analysis, of this order).
c. However, if the
notice pertains to a temporary structure or a structure that radiates a
frequency, the Airports Division may request that air traffic process the notice
as an OE case.
d. If notice is
required by any other FAA regulation, the appropriate division must process the
notice under that regulation.
5-2-3. FAA FORMS
Standard FAA forms are
established for use in conducting obstruction evaluation studies. The standard
FAA forms are:
a. FAA FORM
7460-1, Notice of Proposed Construction or Alteration (OE notice).
b. FAA FORM
7460-2, Notice of Actual Construction or Alteration (Supplemental Notice).
NOTICE OF CONSTRUCTION OR ALTERATION
§77.13(a)(1) - A notice is required for any proposed construction
or alteration that would be more then 200 feet in height above
the ground level at its site.
§77.13(a)(1) - Notice
NOTICE REQUIREMENT RELATED TO AIRPORTS
Each airport must be
available for public use and listed in the Air- port/Facility Directory or
in either the Alaska or Pacific Chart Supplement; under construction and the
subject of a notice or proposal on file with FAA, and except for Military
airports, it is clearly indicated that airport will be available for public
use, or op erated by an armed force of the United States. (Heliports and sea
plane bases without specified boundaries are excludes.)
§77.13(a)(2) - A notice
is required for any proposed construction or alteration that would be of
greater height than an imaginary surface extending outward and upward at one
of the following slopes-
(i) 100 to 1 for a horizontal distance of 20,000 feet from
the nearest runway of each airport with at least one runway more than 3,200
feet in actual length.
(ii) 50 to 1 for a horizontal distance of 10,000 feet from
the nearest point of the nearest runway of each airport with its longest
runway no more than 3,200 feet in actual length.
requires notice of any proposed construction or alteration on each airport,
NOTICE REQUIREMENT RELATED TO HELIPORTS
Subpart B - Notice
of Construction or Alteration
§77.13(a)(2) - A notice is required for any proposed construction or
alternation that would be of greater height than an imaginary surface
extending outward and upward at the following slope:
(iii) 25 to 1 for a horizontal distance of 5,000 feet from the nearest
landing and takeoff area of each heliport, available for public use listed
in the Airport/Facility Directory or in either the Alaska or Pacific Chart
Supplement; is under construction and is the subject of a notice of proposal
on file with the FAA and except for military heliports, it is clearly
indicated that heliport will be available for public use, or operated by a
Federal Military agency.
NOTICE REQUIREMENT RELATED TO TRAVERSE WAYS
Subpart B - Notice
of Construction or Alteration
§77.13(a)(3) - Notice is required for any proposed construction or
alternation of any highway, railroad, or other traverse way for mobile
objects if of greater height than the standards of §77.13(a)(1) or (2) after
their height has been adjusted upward by one of the following:
17 Feet for an Interstate highway that is part of National System of
Military and Interstate Highways,
15 feet for any other public roadway,
10 feet or the height mobile object that would normally traverse the
road, whichever is greater, for a private road.
23 feet for a railroad.
For a waterway or any other traverse way, an amount equal to the height of
the highest mobile object that would normally use it.