(a) Each person who is required to notify the Administrator under
§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 §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
(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
(e) Each person who is required to notify the Administrator by
paragraph (b) or (c) of §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)