490 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Proposed Rules 

recommendations, and comments on the 

proposal. All comments received during 

these meetings will be considered prior 

to any revision or issuance of a notice 

of proposed rulemaking. 

DATES: The informal airspace meetings 

will be held on Friday, March 18, 2011, 

from 2:30 p.m.–4 p.m.; Saturday, March 

19, 2011, from 8:30 a.m.–11 a.m.; 

Monday, March 21, 2011, from 7:30 

p.m.–9 p.m., and Tuesday, March 22, 

2011, from 7:30 p.m.–9 p.m. Comments 

must be received on or before May 6, 

2011. 

ADDRESSES: (1) The meeting on Friday, 

March 18, 2011, will be held at the 

Metropolitan Airports Commission 

(MAC), 6040 28th Avenue, South, 

Minneapolis, MN 55450. (2) The 

meeting on Saturday, March 19, 2011, 

will be held at the In Flight Pilot 

Training, LLC., 10,000 Flying Cloud 

Drive, Eden Prairie, MN 55347. (3) The 

meeting on Monday, March 21, 2011, 

will be held at the Minnesota Army 

National Guard, Aviation Facility, 206 

Airport Road, St. Paul, MN 55107. (4) 

The meeting on Tuesday, March 22, 

2011, will be held at the Metropolitan 

Airports Commission (MAC), 6040 28th 

Avenue, South, Minneapolis, MN 

55450. 

Comments: Send comments on the 

proposal, in triplicate, to: Anthony D. 

Roetzel, Manager, Operations Support 

Group, AJV–C2, Central Service Center, 

Air Traffic Organization, FAA 

Southwest Regional Office, 2601 

Meacham Boulevard, Fort Worth, TX 

76137. 

FOR FURTHER INFORMATION CONTACT: To 

obtain details, including a graphic 

depiction regarding this proposal, 

please contact Jim Shadduck, FAA 

Support Manager, Minneapolis Airport 

Traffic Control Tower, 6311 34th 

Avenue, South, Minneapolis, MN 

55450; telephone: (612) 713–4065. 

SUPPLEMENTARY INFORMATION: 

Meeting Procedures: 

(a) Doors open 30 minutes prior to the 

beginning of each meeting. The 

meetings will be informal in nature and 

will be conducted by one or more 

representatives of the FAA Central 

Service Center. A representative from 

the FAA will present an informal 

briefing on the planned modification to 

the Class B airspace at Minneapolis, 

MN. Following the briefing, each 

attendee will be given an opportunity to 

deliver comments or make a 

presentation, although a time limit may 

be imposed. Only comments concerning 

the plan to modify the Class B airspace 

area at Minneapolis, MN, will be 

accepted. 

(b) The meetings will be open to all 

persons on a space-available basis. 

There will be no admission fee or other 

charge to attend and participate. 

(c) Any person wishing to make a 

presentation to the FAA panel will be 

asked to sign in and estimate the 

amount of time needed for such 

presentation. This will permit the panel 

to allocate an appropriate amount of 

time for each presenter. These meetings 

will not be adjourned until everyone on 

the list has had an opportunity to 

address the panel. 

(d) Position papers or other handout 

material relating to the substance of 

these meetings will be accepted. 

Participants wishing to submit handout 

material should present an original and 

two copies (3 copies total) to the 

presiding officer. There should be 

additional copies of each handout 

available for other attendees. 

(e) These meetings will not be 

formally recorded. However, a summary 

of comments made at the meeting will 

be filed in the docket. 

Agenda for the Meetings 

—Sign-in. 

—Presentation of meeting procedures. 

—FAA briefing of the proposed Class B 

airspace area modifications. 

—Solicitation of public comments. 

—Closing comments. 

Issued in Washington, DC, on December 

21, 2010. 

Edith V. Parish, 

Manager, Airspace, Regulations and ATC 

Procedures Group. 

[FR Doc. 2010–33305 Filed 1–4–11; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 

sheri.edgett-baron@faa.gov. 

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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Proposed Rules 491 

1 14 CFR 77.13(a), paragraphs (2), (3), (4) and (5) 

are not relevant to this issue. 

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. 

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 lowlevel 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0846; FRL–9246–8] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Federal Implementation Plan for 

Interstate Transport of Pollution 

Affecting Visibility and Best Available 

Retrofit Technology Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

disapprove a portion of the State 

Implementation Plan (SIP) revision 

submitted by the State of New Mexico 

for the purpose of addressing the ‘‘good 

neighbor’’ requirements of section 

110(a)(2)(D)(i) of the Clean Air Act 

(CAA or Act) for the 1997 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS or standards) and the 1997 fine 

particulate matter (PM2.5) NAAQS. The 

SIP revision addresses the requirement 

that New Mexico’s SIP must have 

adequate provisions to prohibit 

emissions from adversely affecting 

another state’s air quality through 

interstate transport. In this action, EPA 

is proposing to disapprove the New 

Mexico Interstate Transport SIP 

provisions that address the requirement 

of section 110(a)(2)(D)(i)(II) that 

emissions from New Mexico sources do 

not interfere with measures required in 

the SIP of any other state under part C 

of the CAA to protect visibility. In this 

action, EPA is also proposing to 

promulgate a Federal Implementation 

Plan (FIP) to prevent emissions from 

New Mexico sources from interfering 

with other states’ measures to protect 


srobinson on DSKHWCL6B1PROD with PROPOSALS