[Code of Federal Regulations]

[Title 14, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR77.17]



[Page 185]

 

                     TITLE 14--AERONAUTICS AND 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 

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]