Chapter 5. Basic

Section 2. Notices

5-2-1. REQUIREMENTS

  1. Requirements for notifying the FAA of proposed construction or alteration are contained in contained in ­14 CFR §77.9 (see FIG 5-2-1, FIG 5-2-2, FIG 5-2-3, FIG 5-2-4, and FIG 5-2-5).
  2. No notice is required, as specified in 14 CFR § 77.9(e), 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 14 CFR part 77 criteria.
  3. Examples of equipment not requiring notice are:
    1. Wind equipment (AWOS, ASOS, etc.). Supplemental wind cones, wind turbines, and meteorological ­towers are not exempt from notice.
    2. Runway Visual Range (RVR) equipment.
    3. Instrument Landing Systems (ILS). Includes localizer, glide slope, approach lighting system, distance ­measuring equipment, outer and inner marker beacons.
    4. Visual Glide Slope Indicators (VGSI).
    5. Runway and Taxiway Lights and Signs.
    6. Runway End Identifier Lighting (REILS).

5-2-2. PROCESSING

  1. OEG personnel must administer aeronautical studies with the coordinated assistance of Airports, Technical ­Operations, Spectrum Engineering Services–Frequency Management (FM), Flight Standards, IFP Service ­Providers, DoD, and Department of Homeland Security representatives.
  2. The OEG must process notices received under the provisions of of §44718 and 14 CFR 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).
  3. If notice is required by any other FAA regulation, the appropriate division must process the notice under ­that regulation.

5-2-3. FAA FORMS

Electronic FAA forms are established for use in conducting aeronautical studies. These forms include:

  1. FAA Form 7460-1, Notice of Proposed Construction or Alteration (OE notice).
  2. FAA Form 7460-2, Notice of Actual Construction or Alteration (Supplemental Notice).

    Notice of Construction or Alteration

    § 77.9(a) - Any construction or alteration that is more than 200 feet AGL at its site.

    NOTE:
        Each airport must be available for public use and listed in the Chart Supplement; under construction and the ­subject of a notice or proposal on file with FAA, and except for DoD airports, it is clearly indicated that airport will ­be available for public use or for private use which has at least one FAA approved instrument approach procedure, ­or operated by a Federal agency or the DoD. (Heliports without specified boundaries and seaplane bases without ­marked sea lanes are excluded.)

    § 77.9(b) - Any construction or alteration that exceeds an imaginary surface extending outward and upward at any ­of the following slopes:
    (1) 100:1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport de­scribed in § 77.9(d) with its longest runway more than 3,200 feet in actual length, excluding heliports.
    (2) 50:1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport de­scribed in § 77.9(d) with its longest runway not more than 3,200 feet in actual length, excluding heliports.

    § 77.9(d) - Any construction or alteration on any of the following airports and heliports:
    (1) A public use in the Chart Supplement U.S., Chart Supplement Alaska, or Chart Supplement Pacific of the ­U.S. Government Flight Information Publications;
    (2) A military airport under construction, 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 approach procedure. At private use airports ­with an FAA-approved instrument approach procedure, only the instrument approach procedure will be considered.

    Subpart B - Notice of Construction or Alteration

    § 77.9(b) - Any construction or alteration that exceeds an imaginary surface extending out­ward and upward at any one of the following slopes:

    (1) 25:1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing ­and takeoff area of each heliport described in paragraph d of this section.

    Subpart B - Notice of Construction or Alteration

    § 77.9 - Construction or alteration requiring notice. (c) 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) or (b) of ­this section.

    Notice of Construction or Alteration