[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Proposed Rules]
[Pages 490-491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33310]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No: FAA 2010-1326]
Marking Meteorological Evaluation Towers
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed revision to Advisory Circular; request for comments.
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SUMMARY: The FAA is considering revising its current Advisory Circular
on Obstruction Marking and Lighting to include guidance for
Meteorological Evaluation Towers (METs). These towers are erected in
remote and rural areas, often are less than 200 feet above ground level
(AGL), and fall outside of FAA regulations governing tall structures
and their impact on navigable airspace. The proposed marking guidance
would enhance the conspicuity of the towers and address the safety
related concerns of low level agricultural operations. The FAA seeks
comment on the proposed guidance.
DATES: Comments must be received on or before February 4, 2011.
ADDRESSES: You may send comments identified by docket number FAA 2010-
1326 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send Comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, West Building Ground Floor,
Washington, DC 20590-0001.
Hand Delivery: Take comments to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Sheri Edgett-Barron, Obstruction
Evaluation Services, Air Traffic Organization, AJV-15, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
14 CFR Part 77
Title 49 of the United States Code (U.S.C.), section 40103(a)(1),
provides that the ``United States Government has exclusive sovereignty
of airspace of the United States.'' Paragraph (b) of this section
directs the FAA to ``develop plans and policy for the use of the
navigable airspace and assign by regulation or order the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of the airspace.''
In recognition of the threat tall structures can pose to aviation
safety, 49 U.S.C. 44718 directed the FAA to promulgate regulations
requiring notice of proposed structures or alterations of existing
structures when the notice will promote safety in air commerce and the
efficient use and preservation of the navigable airspace and of airport
traffic capacity at public-use airports. (14 CFR part 77.) The agency
was further directed to study such structures and determine the extent
of any adverse impacts on the safe and efficient use of the airspace,
facilities or equipment.
[[Page 491]]
Consistent with the above statutory and regulatory framework, the
FAA has adopted policy to establish the standards for which the FAA
identifies ``obstructions'' and ``hazards'' in the navigable airspace
in furtherance of its responsibilities to manage the navigable airspace
safely and efficiently. See 14 CFR part 77, and FAA Order 7400.2,
Procedures for Handling Airspace Matters. The FAA issues a
determination advising whether the structure would be a hazard to air
navigation. The FAA may condition its determination of no hazard with
the structure appropriately being marked and lighted, as specified in
the determination. FAA criteria for marking and lighting of tall
structures are found in Advisory Circular No. 70/7460-1, Obstruction
Marking and Lighting.
Unless within the vicinity of an airport,\1\ proponents of new
structures or alterations of existing structures must file notice with
the FAA for ``any construction or alteration of more than 200 feet in
height above the ground level at its site.'' 14 CFR 77.13(a)(1).
Consequently, as the FAA does not study these structures there is no
FAA determination that would specify the marking of these structures.
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\1\ 14 CFR 77.13(a), paragraphs (2), (3), (4) and (5) are not
relevant to this issue.
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Background
The emphasis to discover sources of renewable energy in the United
States has prompted individuals and companies to explore all means of
energy generation. Wind energy, converted into electrical energy by
wind turbines, is widely pursued as a viable alternative. In order to
determine if a site meets requirements to construct a wind turbine or
wind farm, companies erect METs. These towers are used to gather wind
data necessary for site evaluation and development of wind energy
projects. The data generally is gathered over a year to ascertain if
the targeted area represents a potential location for the installation
of wind turbines.
Requirements to file notice under part 77 generally do not apply to
structures at heights lower than 200 feet AGL unless close to an
airport environment. Therefore, the FAA does not have a database of MET
locations, nor does it conduct an aeronautical study to determine
whether the particular structure would be hazardous to aviation. These
towers are often installed in remote or rural areas, just under 200
feet above ground level (AGL), usually at 198 feet or less. These
structures are portable, erected in a matter of hours, installed with
guyed wires and constructed from a galvanized material often making
them difficult to see in certain atmospheric conditions.
While the METs described above are not subject to the provisions of
part 77 and therefore, the FAA does not conduct aeronautical studies to
determine whether these structures are obstructions and adversely
impact air navigation, the FAA does acknowledge that these towers under
certain conditions may be difficult to see by low-level agricultural
flights operating under visual flight rules. The color, portability of
these towers, their placement in rural and remote areas, and their
ability to be erected quickly are factors that pilots should be aware
of when conducting operations in these areas.
The FAA has received complaints and inquiries from agricultural
operations in remote or rural areas regarding the safety impacts of
these towers on low-level agricultural operations. In addition,
representatives from the National Agricultural Aviation Association
(NAAA) met with the FAA on November 16, 2010 to discuss safety specific
concerns of the aerial application industry. The NAAA suggested safety
guidelines and marking and lighting criteria in order to reduce the
risks for aerial applications. A copy of the material provided by NAAA
has been placed in the docket.
Proposed Guidance
The FAA is considering revising AC No. 70/7460-1, Obstruction
Marking and Lighting, to include guidance for the voluntary marking of
METs that are less than 200 feet AGL. The FAA recognizes the need to
enhance the conspicuity of these METs, particularly for low-level
agricultural operations and seeks public comment on the guidance
provided below.
The FAA recommends that the towers be painted in accordance to the
marking criteria contained in Chapter 3, paragraphs 30-33 of AC No. 70/
7460-1. In particular, we reference paragraph 33(d), which discusses
alternate bands of aviation orange and white paint for skeletal
framework of storage tanks and similar structures, and towers that have
cables attached. The FAA also recommends spherical and/or flag markers
be used in addition to aviation orange and white paint when additional
conspicuity is necessary. Markers should be installed and displayed
according to the existing standards contained in Chapter 3, paragraph
34 of AC No. 70/70460-1.
The FAA is also considering recommending high visibility sleeves on
the outer guy wires of these METs. While the current Obstruction
Marking and Lighting Advisory Circular does not contain such guidance
for high visibility sleeves, the FAA specifically seeks comments on
this recommendation.
The FAA anticipates that a uniform and consistent scheme for
voluntarily marking these METs would enhance safety by making these
towers more readily identifiable for agricultural operations.
Issued in Washington, DC, on December 29, 2010.
Edith V. Parish,
Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2010-33310 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P