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Notification of Proposed Construction or Alteration on Airport Part 77

Central Region

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Central Region-Iowa, Kansas, Missouri and Nebraska

Locations outside of FAA Central Region

  • For locations outside of Iowa, Kansas, Missouri or Nebraska, contact the FAA Regional Office responsible for your airport.

New Part 77 Rule

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.

Purpose of Filing a Notice

Federal Regulation Title 14 Part 77 establishes standards and notification requirements for objects affecting navigable airspace. This notification serves as the basis for:

  • Evaluating the effect of the construction or alteration on operating procedures
  • Determining the potential hazardous effect of the proposed construction on air navigation
  • Identifying mitigating measures to enhance safe air navigation
  • Charting of new objects.

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.

Who Must File?

§ 77.9 - Any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA:

  • Any construction or alteration exceeding 200 ft above ground level
  • Any construction or alteration
    • within 20,000 ft of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.
    • within 10,000 ft of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
    • within 5,000 ft of a public use heliport which exceeds a 25:1 surface
  • Any highway, railroad or other traverse way whose prescribed adjusted height would exceed that above noted standards
  • When requested by the FAA
  • Any construction or alteration located on a public use airport or heliport regardless of height or location

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).

On-Airport Construction Versus Off-Airport Construction

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.

Airport Owners and Operators

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:

  • Construction of objects may result in an increase to approach minimums to your runways.
  • The location of constructed objects may impact runway protection zones, safety areas, object free areas and obstacle free zones.
  • The transmitting frequency of the proposed facility could impact the proper operation of navigational aide facilities 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.

Permanent Versus Temporary Obstructions

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

  • Antennas
  • AWOS/ASOS
  • Buildings/Structures
  • Elevated Signs
  • Fences
  • Light Fixtures
  • NAVAID Facilities (Including FAA)
  • NWS Facilities
  • Power & Cable Lines
  • Radio
  • Roadways
  • Storage Tanks
  • Towers

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

Form of Notification:

§ 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:

  • Drawing (preferably scaled) showing location of the object in relation to nearest active runways. This may be a marked up-Airport Layout Plan or Terminal Area sheet.
  • Perpendicular distance of the proposed object to the nearest active runway centerlines.
  • Distance along centerline (actual or extended) from runway end to the perpendicular intercept point
  • Ground Elevation at the site of the proposed object
  • Height of the proposed object including antennas or other appurtenances
  • Accurate geodetic coordinates conforming to NAD 83
  • Sketches, drawings, etc. showing the type of construction or alteration being proposed

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:

FAA
Attn: AJW-C22F
901 Locust St.
Kansas City, MO 64106

Timing of Notification:

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.

FAA Determination

Once the FAA has completed an aeronautical study, the FAA makes a determination detailing the study's findings

Resources

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Page Last Modified: 09/10/12 13:19 EDT

This page can be viewed online at: http://www.faa.gov/airports/central/engineering/part77/