The FAA issued a final rule on 7/21/2010 (75 Federal Register 42296) to 49 CFR Part 77 for the "Safe, Efficient Use and Preservation of the Navigable Airspace". The new rule becomes effective on January 18, 2011. The majority of the amendments implemented by the new rule simplify existing regulations. One consequence of this action is that several section references will change. For example, "Construction or alteration requiring notice" will now be addressed under section § 77.9 as opposed to the current section § 77.13. References made in this regional guidance reflect the new rule sections.
The one amendment that may have a impact to proponents is the time of notice. The new rule requires a proponet to submit the required notification at least 45 days prior to the start of the proposed construction or alteration.
Federal Regulation Title 14 Part 77 establishes standards and notification requirements for objects affecting navigable airspace. This notification serves as the basis for:
Notification allows the FAA to identify potential aeronautical hazards in advance thus preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace.
§ 77.9 - Any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA:
Persons failing to comply with the provisions of FAR Part 77 are subject to Civil Penalty under Section 902 of the Federal Aviation Act of 1958, as amended and pursuant to 49 U.S.C. Section 46301(a).
Proposals that are subject to the above must file whether the proposed modification is located on or off of airport property. Evaluations for on-airport proposals are administered by the FAA Airports Division with coordinated assistance from Flight Procedures, Technical Operations and Air Traffic Divisions. Both On-Airport proposals and Off-Airport proposals may be submitted online at http://oeaaa.faa.gov.
Airports that have received federal funds are obligated by grant assurance to identify and mitigate hazards to navigable airspace at their airport.
Construction or alteration of objects on or around airports can have an adverse impact to operations at your airport:
It is prudent for owners to protect the airspace around their airport to prevent loss of existing approaches or other negative impacts affecting utilization of their airport.
All obstructions, whether permanent or temporary, are subject to the notice requirement outlined in 14 CFR Part 77. Airport owners and operators should assure that all such improvements are properly evaluated by the FAA prior to commencement of the work. Large objects such as hangars and work areas may require multiple submittal of point of interest to adequate characterize the object. Listed below are some typical examples of permanent and temporary objects. These lists shall not be construed as all inclusive of such objects that require notification.
Examples of Permanent Construction or Alterations
- Elevated Signs
- Light Fixtures
- NAVAID Facilities (Including FAA)
- NWS Facilities
- Power & Cable Lines
- Storage Tanks
Examples of Temporary Construction of Alterations
- Batch Plants
- Construction Equipment (single point and areas)
- Cranes, Boom Trucks
- Concrete Pumps
- Drilling Rigs
- Haul Routes
- Staging Areas
- Stock Piles
- Temporary Lights
§ 77.7 - Individuals/Organizations proposing construction or alterations must submit FAA form 7460-1, "Notice of Proposed Construction or Alteration". Pertinent information about the alteration and appropriate attachments showing the type and location of the alteration must also be submitted.
Supplemental information needed for the FAA review include the following items:
On-Airport Proposals: For On-Airport proposals within the FAA Central Region, the sponsor should e-file the required information at http://oeaaa.faa.gov.
Off-Airport Proposals: For off-airport proposals, the sponsor may e-file the required information at http://oeaaa.faa.gov or mail the completed 7460-1 form to the following address:
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Non-Fed Facilities: Proposals for non-Federal facilities (e.g. AWOS, NDBs and etc.) within the FAA Central Region (Iowa, Kansas, Missouri or Nebraska) shall be sent to:
901 Locust St.
Kansas City, MO 64106
14 CFR Part 77 ( § 77.7) established that notification must be submitted 45 days prior to construction. Given the time required to conduct an aeronautical study, we recommend a 45-60 day advance notification to accommodate the extensive review process and allow timely issuance of the FAA determination letter.
Once the FAA has completed an aeronautical study, the FAA makes a determination detailing the study's findings
Page Last Modified: 09/10/12 13:19 EDT
This page can be viewed online at: http://www.faa.gov/airports/central/engineering/part77/