Section 2. Notices

  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).

NOTE-

Construction related equipment (for example, cranes) and activities are not exempt from notice.

  1. PROCESSING
  1. OEG personnel must administer aeronautical studies with the coordinated assistance of 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.
  1. 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).

NOTE-

The electronic system to collect notice(s) of proposed construction or alteration and actual construction is available online at https://oeaaa.faa.gov.

FIG 5-2-1

NOTICE REQUIREMENT RELATED TO 200 FEET IN HEIGHT

Notice of Construction or Alteration


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



A graphic depicting the requirement of a notice for any construction or alteration that is more than 200 feet AGL at its site.

FIG 5-2-2

NOTICE REQUIREMENT RELATED TO AIRPORTS

A graphic depicting the notice requirements related to airports.

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.

FIG 5-2-3

NOTICE REQUIREMENT RELATED TO HELIPORTS

A graphic depicting the notice requirements related to heliports.

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.

FIG 5-2-4

NOTICE REQUIREMENT RELATED TO TRAVERSE WAYS

A graphic depicting the notice requirements related to traverse ways.

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.

FIG 5-2-5

NOTICE REQUIREMENT RELATED TO AIRPORT INSTRUMENT APPROACH AREA

Notice of Construction or Alteration


A graphic depicting the notice requirement related to airport instrument approach areas (constructions or alterations).

FIG 5-2-6

NOTICE REQUIREMENT RELATED TO AIRPORT PROTECTION ZONE

A graphic depicting the notice requirement related to airport protection zone.

FIG 5-2-7

NOTICE REQUIREMENT RELATED TO VGSI PROTECTION SURFACE

A graphic depicting the notice requirement related to vgsi protection surface.

FIG 5-2-8

NOTICE REQUIREMENT RELATED TO ENROUTE NAV/COM PROTECTION SURFACE

A graphic depicting the notice requirement related to enroute nav/com protection surface.

FIG 5-2-9

NOTICE REQUIREMENT RELATED TO SURVEILLANCE PROTECTION SURFACE

A graphic depicting the notice requirement related to surveillance protection surface.