C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER E—AIRSPACE › PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE › Subpart B—Notice Requirements

14 C.F.R. § 77.11

Supplemental notice requirements

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(a) You must file supplemental notice with the FAA when:

(1) The construction or alteration is more than 200 feet in height AGL at its site; or

(2) Requested by the FAA.

(b) You must file supplemental notice on a prescribed FAA form to be received within the time limits specified in the FAA determination. If no time limit has been specified, you must submit supplemental notice of construction to the FAA within 5 days after the structure reaches its greatest height.

(c) If you abandon a construction or alteration proposal that requires supplemental notice, you must submit notice to the FAA within 5 days after the project is abandoned.

(d) If the construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.

Notes of Decisions
Cited in 9 cases, 1971–2003 · leading case: Aircraft Owners & Pilots Ass'n v. Fed. Aviation Admin., Wset, Inc., Intervenor, 600 F.2d 965 (D.C. Cir. 1979).
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Aircraft Owners & Pilots Ass'n v. Fed. Aviation Admin., Wset, Inc., Intervenor, 600 F.2d 965 (D.C. Cir. 1979). · cites it 2× “14 C.F.R. §§ 77.11 , .13, .15. The FAA uses this information to make “[determinations of the possible hazardous effect x f the proposed construction or alteration on air navigation.”
City of Rochester v. Bond, 603 F.2d 927 (D.C. Cir. 1979). “14 C.F.R. §§ 77.11 , 77.13, 77.15. The regulations further identify “obstructions to navigation,” a narrower class than that for which notice is required.”
Flowers Mill Assocs. v. United States, 23 Cl. Ct. 182 (Ct. Cl. 1991). · cites it 3× “14 C.F.R. § 77.11 (a). According to the regulations, FAA must determine whether the proposed structure will be a hazard to air navigation.”
Aeronautics Comm'n of Indiana v. State Ex Rel. Emmis Broad. Corp., 440 N.E.2d 700 (Ind. Ct. App. 1982). · cites it 2× “14 C.F.R. §§ 77.11 , .13, .15. The FAA uses this information to make “[determinations of the possible hazardous effect of the proposed construction or alteration on air navigation.”
Air Line Pilots' Ass'n Int'l v. Dep't of Transp., Fed. Aviation Admin., John H. Shaffer, Adm'r, 446 F.2d 236 (5th Cir. 1971). · cites it 2× “14 C.F.R. §§ 77.11 , 77.13, 77.15. Once a proponent has notified the FAA of his proposed structure pursuant to Subpart B, the Administrator is equipped with the necessary information to determine the possible hazardous effect of the proposed structure.”
Breneman v. United States, 57 Fed. Cl. 571 (Fed. Cl. 2003). “In compliance with federal law pursuant to 14 C.F.R. § 77.11 (a), the plaintiff notified FAA of this proposed construction.”
BFI Waste Sys. of North Am., Inc. v. Fed. Aviation Admin., 293 F.3d 527 (D.C. Cir. 2002). “” 14 C.F.R. § 77.11 (b)(2). In addition to setting out notice requirements, the regulations provide the standards by which alteration proposals are evaluated.”
3775 Genesee Street, Inc. v. State, 99 Misc. 2d 59 (1979). “Under the FAA regulations, subpart B (14 CFR 77.11, 77.13), the claimant is required to give the FAA notice of construction which would extend higher than 36 feet.”
White Indus., Inc. v. Fed. Aviation Admin., 692 F.2d 532 (8th Cir. 1982). “See 14 CFR §§ 77.11 -.17. The notice informed the FAA of Southwest’s desire to build a radio tower near Bates City, Missouri.”
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