[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR77.17]

[Page 158-159]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 77--OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents
 
             Subpart B--Notice of Construction or Alteration
 
Sec. 77.17  Form and time of notice.

    (a) Each person who is required to notify the Administrator under

[[Page 159]]

Sec. 77.13(a) shall send one executed form set (four copies) 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 Sec. 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 FAA at the same time the application for construction 
is filed with the Federal Communications Commission, or at any time 
before that filing.
    (c) 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 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 Sec. 77.13, or both, shall send an executed copy 
of FAA Form 117-1, Notice of Progress of Construction or Alteration, to 
the Manager, Air Traffic Division, FAA Regional Office having 
jurisdiction over the area involved.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-2, 31 
FR 9449, July 12, 1966; Amdt. 77-8, 33 FR 18614, Dec. 17, 1968; Amdt. 
77-10, 37 FR 4705, Mar. 4, 1972; Amdt. 77-11, 54 FR 39292, Sept. 25, 
1989]