This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

90627 

Vol. 89, No. 222 

Monday, November 18, 2024 

1The FAA notes that the word ‘‘Sponsor’’ is 

capitalized in Advisory Circular 70/7460–1. 

However, for purposes of this rulemaking, the word 

is lower case. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 77 

[Docket No. FAA–2024–2574; Notice No. 25– 

01] 

RIN 2120–AK77 

Requirements To File Notice for 

Meteorological Towers and Other Wind 

Energy Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA is proposing to 

amend requirements applicable to 

meteorological towers and permanent 

wind energy systems. This rule would 

require any person that owns (sponsor) 

any proposed, altered, or existing 

meteorological tower to file notice with 

the Federal Aviation Administration 

(FAA) if the highest point of the 

structure is at least 50 feet above ground 

level (AGL) up to and including 200 feet 

AGL at its site. The FAA is also 

proposing marking requirements for 

meteorological towers constructed or 

altered after the effective date of a final 

rule if the highest point of the structure 

is at least 50 feet AGL up to and 

including 200 feet AGL at its site. 

Additionally, the FAA proposes making 

certain pertinent information about any 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site available on the FAA’s official 

database. The FAA expects these 

changes to lower the collision risk for 

aircraft during low-altitude operations. 

Moreover, these requirements would 

partially address two statutory mandates 

and two National Transportation Safety 

Board (NTSB) recommendations. 

DATES: Send comments on or before 

January 17, 2025. 

ADDRESSES: Send comments identified 

by docket number FAA–2024–2574 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

https://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 (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: 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. 

• Facsimile: Fax comments to Docket 

Operations at (202) 493–2251. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to the 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. 

FOR FURTHER INFORMATION CONTACT: 

Brian Konie, Airspace Rules and 

Regulations Team, Air Traffic 

Organization, AJV–P21, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783; 

email: brian.konie@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

further proposes amending the notice 

requirements for any person that owns 

(sponsors) a proposed or altered 

permanent wind energy system. The 

FAA is also proposing to extend the 

expiration date of the Determination of 

No Hazard to Air Navigation for 

permanent wind energy systems and 

associated meteorological towers. 

The FAA is also proposing to clarify 

that, except for structures that have 

received an FAA Determination of No 

Hazard to Air Navigation prior to the 

effective date of a final rule or any 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site for which construction is 

complete prior to the effective date of a 

final rule, all conditions and limitations 

of any Determination of No Hazard to 

Air Navigation are mandatory, which 

includes marking requirements. Finally, 

the FAA proposes making several 

miscellaneous conforming and 

clarifying amendments. 

List of Abbreviations and Acronyms 

Frequently Used in This Document 

AC—Advisory Circular 

AGL—Above Ground Level 

ATC—Air Traffic Control 

AWES—Airborne Wind Energy System 

DOE—Department of Energy 

FCC—Federal Communications Commission 

GPS—Global positioning system 

NAAA—National Agricultural Aviation 

Association 

NAS—National Airspace System 

NTSB—National Transportation Safety Board 

OE/AAA—Obstruction Evaluation/Airport 

Airspace Analysis 

SIR—Special Investigation Report 

VOR—Very High Frequency Omnidirectional 

Range 

I. Executive Summary 

A. Overview of Proposed Rule 

This proposed rule would amend title 

14 Code of Federal Regulations (14 CFR) 

part 77, Safe, Efficient Use, and 

Preservation of the Navigable Airspace, 

as it applies to all existing 

meteorological towers, as well as 

proposals to construct or alter a 

meteorological tower, with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. 

The FAA proposes requiring a 

sponsor 1 proposing to construct or alter 

a meteorological tower at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to file notice under § 77.9 

pursuant to § 77.7(b). 

This rule would also require sponsors 

of existing meteorological towers with 

the highest point of the structure at least 

50 feet AGL up to and including 200 

feet AGL at its site to file notice with the 

FAA within 90 days of the final rule’s 

effective date pursuant to § 77.9. 

Additionally, the FAA proposes 

making certain pertinent information 

about any meteorological tower with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site available on the FAA’s 

official database, the Digital Obstacle 

File (DOF), available at https://

www.faa.gov/air_traffic/flight_info/ 

aeronav/digital_products/dof. The FAA 

expects that collecting via the notice 


lotter on DSK11XQN23PROD with PROPOSALS1
90628 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

2Airborne Wind Energy Systems (AWES) Policy 

Statement, 87 FR 78849 (Dec. 23, 2022). 

3 Id. 

and sharing information on proposed, 

altered, and existing meteorological 

towers in the DOF database will 

improve situational awareness for pilots 

conducting low-altitude operations. 

In addition to the changes affecting 

meteorological towers, this proposed 

rule would also add additional 

requirements addressing permanent 

wind energy systems. The FAA needs 

these changes to properly handle the 

unique attributes of wind energy 

systems. The FAA proposes the 

following changes: 

• Require notice of proposed 

construction or alteration of a 

permanent wind energy system at least 

90 days before the start date of the 

proposed construction or alteration, or 

the date an application for a 

construction permit is filed, whichever 

is earlier; and, 

• Amend the expiration date of the 

Determination of No Hazard to Air 

Navigation under § 77.33 for permanent 

wind energy systems and associated 

meteorological towers to 36 months 

after the effective date of the 

determination. 

Finally, this proposed rule would 

make the following changes, clarifying 

and codifying current agency practice: 

• Add a definition of airborne wind 

energy system (AWES) to § 77.3 for 

consistency with the FAA’s final notice 

of policy; 2

• Add a definition of meteorological 

towers to § 77.3 for consistency with the 

FAA’s final notice of policy; 3

• Add a definition of sponsor to 

§ 77.3 to clarify the scope of 

applicability; 

• Add a definition of wind energy 

system to § 77.3 to clarify the scope of 

applicability; 

• Amend § 77.7 to update the 

methods available to acquire an 

approved copy of FAA Form 7460–1, 

Notice of Proposed Construction or 

Alteration; 

• Revise the heading of § 77.9, 

‘‘Construction or alteration requiring 

notice,’’ to ‘‘Notice requirements’’ to 

reflect that existing meteorological 

towers may need to provide notice to 

the FAA; 

• Redesignate § 77.11 as § 77.10, and 

amend to identify FAA Form 7460–2, 

Notice of Actual Construction or 

Alteration, as the form sponsors use to 

provide supplemental notice; 

• Add § 77.11 to require the sponsor 

to submit additional information upon 

request throughout the aeronautical 

study process, which includes all 

actions required pre- and postdetermination; 

• Add § 77.12 to clarify that, except 

for structures that have received an FAA 

Determination of No Hazard to Air 

Navigation prior to the effective date of 

a final rule or any meteorological tower 

with the highest point of the structure 

at least 50 feet AGL up to and including 

200 feet AGL at its site for which 

construction is complete prior to the 

effective date of a final rule, a sponsor 

must comply with any conditions and 

limitations contained in a 

Determination of No Hazard to Air 

Navigation including marking 

requirements that would be developed 

in accordance with the FAA Advisory 

Circular 70/7460–1, Obstruction 

Marking and Lighting, for proposed or 

altered meteorological towers with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site; 

• Amend § 77.27 to clarify when an 

aeronautical study is appropriate; 

• Add § 77.32 to clarify how a 

sponsor may request a modification or 

deviation from the marking and lighting 

requirements contained in a 

determination; and, 

• Amend § 77.35 to clarify a sponsor’s 

duty to request an extension of the 

effective period of the determination 

when the original Federal 

Communications Commission (FCC) 

completion date needs to be extended. 

The FAA is proposing to revise 

references to ‘‘Airport/Facility 

Directory, Alaska Supplement, or 

Pacific Chart Supplement’’ to ‘‘Chart 

Supplement U.S., Chart Supplement 

Alaska, or Chart Supplement Pacific.’’ 

The FAA notes that, as discussed in 

section IV.D. of this preamble, the FAA 

is proposing to revise references to 

‘‘you’’ to refer to the sponsor to make 

clear to whom ‘‘you’’ applies. 

The FAA also notes that, as discussed 

in section IV.D of this preamble, the 

FAA is proposing to revise references to 

‘‘marking and lighting 

recommendations’’ to ‘‘marking and 

lighting requirements’’ for consistency 

with the changes in § 77.12. 

The following table summarizes the 

substantive changes proposed in this 

rule. 

TABLE 1—SUMMARY OF PROPOSED CHANGES

CFR § Proposed provision 

77.1 ...................................... Establishes the requirement that all conditions and limitations in the determination are mandatory, including the 

requirement to mark newly constructed or altered meteorological towers with the highest point of the structure 

at least 50 feet AGL up to and including 200 feet AGL at its site. 

77.3 ...................................... Add definitions for ‘‘airborne wind energy system (AWES),’’ ‘‘meteorological tower,’’ ‘‘sponsor,’’ and ‘‘wind energy 

system.’’ 

77.5 ...................................... A sponsor of a meteorological tower in existence before the effective date of a final rule must provide notice consistent with § 77.7(d). 

A sponsor proposing any construction or alteration of a meteorological tower with the highest point of the structure at least 50 feet up to and including 200 feet AGL at its site must provide adequate notice to the FAA of 

that construction or alteration pursuant to § 77.7(b). 

77.7 ...................................... Require a sponsor to file notice at least 45 days before the start of construction or alteration or the date of application for a construction permit for any new meteorological tower, whichever is earlier. 

A sponsor must submit FAA Form 7460–1 for any proposed construction or alteration of a permanent wind energy system and associated meteorological towers at least 90 days before the start date of the proposed construction or alteration, or the date an application for a construction permit is filed, whichever is earlier. 

A sponsor of a meteorological tower that exists prior to the effective date of a final rule with the highest point of 

the structure at least 50 feet AGL up to and including 200 feet AGL at its site must submit FAA Form 7460–1 

within 90 days of the effective date of a final rule. 

77.9 ...................................... A sponsor must file notice of any construction or alteration of a meteorological tower with the highest point of the 

structure at least 50 feet AGL up to and including 200 feet AGL at its site. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90629 

4Public Law 114–190, sec. 2110; 130 Stat. 623 

(Jul. 15, 2016). 

5Public Law 115–254, sec. 576; 132 Stat. 3391 

(Oct. 5, 2018). 

6NTSB Safety Recommendations A–13–16 and 

A–13–17 (May 2013). 

TABLE 1—SUMMARY OF PROPOSED CHANGES—Continued 

CFR § Proposed provision 

If a sponsor has an existing meteorological tower with the highest point of the structure at least 50 feet AGL up to 

and including 200 feet AGL at its site prior to the effective date of a final rule, the sponsor must file notice consistent with § 77.7(d). 

77.10 .................................... Makes clear that a sponsor must file supplemental notice if otherwise requested by the FAA. 

77.11 .................................... If the FAA requests additional information during any part of the aeronautical study process, pre- or post-any determination, the sponsor must provide that information within 30 days. 

77.12 .................................... Except for structures that have received an FAA Determination of No Hazard to Air Navigation prior to the effective date of a final rule or any meteorological tower with the highest point of the structure at least 50 feet AGL 

up to and including 200 feet AGL at its site for which construction is complete prior to the effective date of a 

final rule, sponsors must comply with the conditions and limitations contained in a Determination of No Hazard 

to Air Navigation. This includes requiring newly constructed or altered meteorological towers with the highest 

point of the structure at least 50 feet AGL up to and including 200 feet AGL at its site to mark the tower. 

77.27 .................................... The FAA will conduct an aeronautical study when: (1) notice required under § 77.9 has been received, or (2) the 

FAA determines a study is necessary. All other notices filed outside of these parameters will be screened within the automated OE/AAA system and provided an electronic letter response that indicates that no notice is required for the said proposal or alteration, and thus the FAA has no objections to the proposal. 

77.32 .................................... In order to request a modification or deviation from the marking and lighting requirements contained in a Determination of No Hazard to Air Navigation, the sponsor must submit FAA Form 7460–1, Notice of Proposed Construction or Alteration. 

77.33 .................................... Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under subpart D of part 77 regarding a proposed permanent wind energy system, including an airborne wind energy system, and associated meteorological towers, expires 36 months after the effective date of the determination or 

on the date the proposed construction or alteration is abandoned, whichever is earlier. 

B. Summary of Costs and Benefits 

Section 2110 of the FAA Extension, 

Safety, and Security Act of 2016 

(FESSA),4 as amended by section 576 of 

the FAA Reauthorization Act of 2018 

(FAARA),5 mandates the FAA to require 

the marking of ‘‘covered towers’’ if they 

are not included in the database 

described in section 2110, except for 

meteorological towers. Section 

2110(a)(2) requires that all 

meteorological towers be marked and 

included within a database. This 

proposed rule would include 

meteorological tower information in a 

database as well as require compliance 

with any marking requirements that are 

conditions and limitations in a 

Determination of No Hazard to Air 

Navigation for a proposed or altered 

meteorological tower. The proposed rule 

would partially satisfy the mandate 

concerning meteorological towers 

without placing undue financial 

burdens on existing towers and partially 

address two National Transportation 

Safety Board (NTSB) 

recommendations.6 This proposal also 

includes additional amendments that 

would allow the FAA more time to 

study and determine aeronautical effects 

and any potential national airspace 

system (NAS) impacts from permanent 

wind energy systems and associated 

meteorological towers. 

Section 2110, as amended by section 

576 of FAARA, requires the clear 

marking of towers and their inclusion in 

a database no later than 18 months after 

the date of enactment of the FAA 

Reauthorization Act of 2018 or the date 

of availability of the database, 

whichever is later. Section 2110(a)(1)(A) 

requires that towers be clearly marked 

consistent with applicable guidance in 

the advisory circular issued December 4, 

2015 (AC 70/7460–1L). Consistent with 

the direction provided by section 2110, 

the FAA proposes to add new § 77.12, 

Conditions and limitations. This 

proposal would clarify that sponsors 

that receive a Determination of No 

Hazard to Air Navigation, except for 

structures that have received an FAA 

Determination of No Hazard to Air 

Navigation prior to the effective date of 

a final rule or any meteorological tower 

with the highest point of the structure 

at least 50 feet AGL up to and including 

200 feet AGL at its site for which 

construction is complete prior to the 

effective date of a final rule must 

comply with the conditions and 

limitations therein including, at a 

minimum, marking requirements for 

newly constructed or altered 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. Those conditions and 

limitations as they relate to marking will 

be derived from the current version of 

AC 70/7460–1. Existing meteorological 

towers at least 50 feet AGL and up to 

and including 200 feet AGL are required 

to file notice with the FAA within 90 

days of the effective date of a final rule. 

The FAA will study these notices, and 

the FAA may issue a part 77 

determination. 

The primary costs of the proposed 

rule to industry would be the costs to 

mark new and altered meteorological 

towers. The estimated costs to mark 

each new or altered tower is about 

$14,300 and includes equipment costs 

for marker balls and sleeves and 

installing them to new and altered 

towers, buying a new pre-painted tower, 

and dismantling a tower. This estimated 

cost also includes the cost to provide 

FAA notifications of both existing and 

dismantling of out-of-service 

meteorological towers. The FAA would 

process notifications of existing and 

new meteorological towers, including 

notifications of dismantled out-ofservice meteorological towers, at a cost 

of about $41 per existing notification 

and about $162 per dismantling 

notification. The FAA is also proposing 

to extend the expiration date of the 

Determination of No Hazard to Air 

Navigation for permanent wind energy 

systems and associated meteorological 

towers. Extending the wind turbine 

determination period from 18 months to 

36 months would result in minimal cost 

savings to industry and the FAA. 

The primary benefit of the proposed 

rule would be enhanced conspicuity to 

prevent agricultural pilots from 

colliding with meteorological towers 

with the highest point of the structure 


lotter on DSK11XQN23PROD with PROPOSALS1
90630 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

7Public Law 118–63, sec. 355 (May 16, 2024). 

8 14 CFR 77.27. 

at least 50 feet AGL up to and including 

200 feet AGL at its site. 

II. Authority for This Proposed 

Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in title 49 of the 

United States Code (49 U.S.C.). Subtitle 

I, section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

This rulemaking is issued under the 

authority described in 49 U.S.C. 

40103(b), which vests the Administrator 

with broad authority to prescribe 

regulations to ensure the safety of 

aircraft and the efficient use of airspace, 

and 49 U.S.C. 44701(a)(5), which 

requires the Administrator to 

promulgate regulations and minimum 

standards for other practices, methods, 

and procedures necessary for safety in 

air commerce and national security. 

This rulemaking is also consistent with: 

(1) the authority in 49 U.S.C. 44718(a), 

which directs the Secretary of 

Transportation to require a person to 

give adequate public notice of the 

construction, alteration, establishment, 

or expansion, or the proposed 

construction, alteration, establishment, 

or expansion, of a structure or sanitary 

landfill in furtherance of safety in air 

commerce and the efficient use and 

preservation of the navigable airspace 

and of airport traffic capacity at publicuse airports; (2) section 44718(b), which 

requires the Secretary to conduct an 

aeronautical study to decide the extent 

of any adverse impact on the safe and 

efficient use of the airspace, facilities, or 

equipment if the Secretary decides that 

constructing or altering a structure may 

result in an obstruction of the navigable 

airspace or an interference with air 

navigation facilities and equipment or 

the navigable airspace; and (3) section 

44718(c), which requires that in 

carrying out laws related to a broadcast 

application and conducting an 

aeronautical study related to broadcast 

towers, the FAA Administrator and the 

FCC shall take action necessary to 

coordinate efficiently the receipt and 

consideration of, and action on, the 

application and the completion of any 

associated aeronautical study. 

Furthermore, the portions of the 

proposed rule regarding meteorological 

towers are authorized by section 2110 of 

the 2016 FESSA, as amended by section 

576 of the 2018 FAARA and section 355 

of the FAA Reauthorization Act of 2024 

(Pub. L. 118–63), that imposed marking 

and informational requirements on 

covered towers, including 

meteorological towers. The following 

proposed amendments to part 77 are 

within the scope of this authority. 

Publication of this NPRM also satisfies 

the requirement in section 355 of the 

FAA Reauthorization Act of 2024 7 that 

the FAA publish this notice of proposed 

rulemaking within one year of the date 

of enactment of that Act. 

III. Background 

A. Current Regulations and Practices 

Part 77 contains the regulations 

governing the safe, efficient use, and 

preservation of the navigable airspace. 

Sponsors proposing to construct or alter 

a structure that is more than 200 feet 

AGL must provide the FAA notice per 

§ 77.9(a). Sponsors must provide notice 

at least 45 days before the start of 

construction or alteration or the date an 

application for a construction permit is 

filed, whichever is earlier, per § 77.7(b). 

After receiving notice, the FAA’s 

Obstruction Evaluation Group (OEG) 

conducts an initial review to verify the 

information provided and, if 

appropriate, enters it into the 

Obstruction Evaluation/Airport 

Airspace Analysis (OE/AAA) system as 

a verified proposed structure. 

Currently, the FAA will conduct an 

aeronautical study when requested by 

the sponsor of any proposed 

construction or alteration for which a 

notice is submitted, or the FAA 

determines a study is necessary.8 As 

part of this study, the FAA determines 

whether the structure exceeds the 

heights identified in part 77’s 

obstruction standards. A structure 

exceeding one or more of the heights 

described in the obstruction standards is 

presumed a hazard to air navigation 

unless an aeronautical study determines 

otherwise. If the proposed structure is a 

presumed hazard, the FAA sends the 

sponsor a notice of preliminary findings 

(which previously was called a Notice 

of Presumed Hazard) with 60 days to 

respond. 

Upon receipt of the preliminary 

findings, the sponsor has the option to 

move or lower the proposed structure, 

request further study (which may 

include a public comment period), 

terminate the proposal, or request a 

Determination of Hazard. The FAA and 

the sponsor may also discuss hazard 

mitigation strategies, such as reducing 

the structure’s height or adjusting the 

proposed location, prior to the agency’s 

formal determination. Proper mitigation, 

if appropriate, may result in a 

Determination of No Hazard to Air 

Navigation that contains conditions and 

limitations (e.g., marking, lighting, or 

supplemental notice filing constraints). 

Each Determination of No Hazard to Air 

Navigation issued under subpart B of 

part 77 expires 18 months after the 

effective date of the determination, or 

on the date the proposed construction or 

alteration is abandoned, whichever is 

earlier. If the FAA determines that a 

structure does not pose a hazard to air 

navigation, the FAA will recommend 

marking and lighting in the 

determination, as appropriate, in 

accordance with the current AC 70/ 

7460–1 to make the structure more 

conspicuous for aircraft operators to see 

and avoid. 

A sponsor may request a modification 

from the marking and lighting 

recommendations contained in a 

determination by submitting FAA Form 

7460–1, Notice of Proposed 

Construction or Alteration, to the OEG. 

A request received after the FAA has 

issued its determination containing 

marking and lighting conditions and 

limitations may require a new marking 

and lighting study and could result in 

new requirements. If the FAA issues a 

modification from the marking or 

lighting conditions and limitations prior 

to the implementation of the changes, 

the sponsor may also be required to 

notify the FCC. Modifications would be 

based on whether or not they impact 

aviation safety. 

A sponsor may also request a 

deviation from the marking and lighting 

conditions and limitations contained in 

the determination derived from the 

standards in AC 70/7460–1. Proposed 

requests to deviate from current marking 

and lighting conditions and limitations 

derived from the standards in AC 70/ 

7460–1 for research and development to 

introduce new technology or improve 

current standards are generally 

submitted by email. The FAA will 

perform a safety assessment for use in 

the NAS and may request additional 

information if needed. If at any time the 

FAA determines the study has created 

an unsafe condition, the deviation 

request may be disapproved. Research 

and development testing is independent 

of the aeronautical study process and 

generally requires a more lengthy 

analysis period for evaluation by the 

FAA for aviation safety. When testing is 

complete and the FAA concludes its 

review, the sponsor will be notified of 

the determination. Examples of 

deviations that may be considered 

include, but are not limited to, 

alternative painting schemes, colors/ 

types of lights, basic signals and 

intensity of lights, night/day lighting 

combinations, and flash rate. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90631 

9See NTSB’s Aviation Accidents Database at 

https://data.ntsb.gov/carol-main-public/basicsearch. 

10NTSB accident number SEA04LA027. 

11NTSB accident number DFW05LA126. 

12NTSB accident number WPR11LA094. 

13NTSB SA–016: The Hazards of Unmarked 

Towers (March 2011, revised September 2018). 

14NTSB Safety Recommendation A–13–16 and 

A–13–17 (May 2013). 

15While the NTSB and others use the terms 

‘‘meteorological evaluation tower’’ or ‘‘MET’’, the 

FAA decided to use the term ‘‘meteorological 

tower’’. Meteorological tower is interchangeable 

with either. 

16NTSB/SIR–14/01. 

17 Marking Meteorological Evaluation Towers 

Proposed revision to Advisory Circular; request for 

comments, 76 FR 490 (Jan. 5, 2011). 

18 Marking Meteorological Evaluation Towers 

policy statement, 76 FR 36983 (Jun. 24, 2011). 

19AC 70–7460–1L, effective December 4, 2015. 

20As of January 2022, the FAA identified 16 

states with marking requirements applicable to 

meteorological towers: California, Colorado, Idaho, 

Kansas, Michigan, Minnesota, Mississippi, 

Missouri, Montana, Nebraska, North Dakota, 

Oklahoma, South Dakota, Texas, Washington, and 

Wyoming. 

21Colorado Revised Statutes 43–10–117. 

22Wyo. Stat. Ann. § 10–4–305. 

23SDCL § 50–9–13. 

B. NTSB Investigations of 

Meteorological Tower Accidents 

The NTSB is an independent U.S. 

government agency responsible for the 

investigation of civil transportation 

accidents.9 Between 2003 and 2011, the 

NTSB investigated 3 accidents involving 

meteorological towers below 200 feet 

AGL. A summary of the investigated 

accidents follows: 

• December 15, 2003: During a 

personal flight from Yakima, 

Washington, to Walla Walla, 

Washington, an Erickson SHA Glasair 

collided with an unmarked 

meteorological tower (164 feet AGL) 

near Vansycle, Oregon. The accident 

resulted in fatalities to the pilot and 

passenger.10

• May 19, 2005: During an aerial 

application flight, an Air Tractor AT– 

602 collided with an unmarked 

meteorological tower (197 feet AGL) 

erected 15 days before the accident near 

Ralls, Texas. The accident resulted in a 

pilot fatality.11

• January 10, 2011: During an aerial 

application flight, a Rockwell 

International S–2R collided with an 

unmarked meteorological tower (198 

feet AGL) near Oakley, California. The 

accident resulted in a pilot fatality.12

In 2011, the NTSB issued Safety Alert 

(SA) 016.13 The SA warned operators 

that ‘‘unmarked towers could interfere 

with low-flying aircraft operations, 

including those involving helicopter 

emergency medical services, law 

enforcement, animal damage control, 

fish and wildlife, agriculture, and aerial 

fire suppression.’’ In 2013, the NTSB 

published a Safety Recommendation 

letter 14 addressed to the FAA 

Administrator, containing the following 

2 recommendations: 

• A–13–16: Amend part 77 to require 

that all meteorological towers 15 are 

registered, marked, and—where 

feasible—lighted; and, 

• A–13–17: Create and maintain a 

publicly accessible national database for 

the required registration of all 

meteorological towers. 

In 2014, the NTSB published a 

Special Investigation Report (SIR) 

concerning the safety of agricultural 

aircraft operations.16 The SIR focused, 

in part, on the impact of meteorological 

towers and guy wires, which are cables 

designed for the support of towers or 

other structures, on agricultural aircraft 

operations and reiterated NTSB 

recommendations A–13–16 and A–13– 

17. The NTSB concluded that in some 

of the accidents, the pilot was not 

previously aware of, and did not see, the 

obstacle in time to avoid the collision 

because the obstacle was not visually 

conspicuous. The report noted the 

multiple attention demands for pilots 

engaged in agricultural operations. For 

instance, pilots must operate the spray 

application per the instructions of the 

particular applied substance while 

simultaneously maneuvering the aircraft 

at low altitude. In other cases, the pilot 

knew about the obstacle, having seen it 

in a previous pass, a survey flight, or 

during a previous close call, but 

nevertheless misjudged the aircraft’s 

distance from, and collided with, the 

obstacle. 

The NTSB concluded that these 

accidents show that obstacle collision 

risk management requires a multifaceted approach. In addition to making 

meteorological towers more visually 

conspicuous, the NTSB suggested preflight planning that would allow a pilot 

to learn of any structures in the area of 

their planned operations to reduce the 

risk of an obstacle collision. Pilots learn 

of obstacles from many sources, 

including local residents, area maps 

(both paper and electronic) that depict 

obstacles, and ground surveys. The SIR 

concluded that additional 

meteorological tower collisions 

resulting in loss of life would occur 

without requiring registration, marking, 

and the creation of a publicly accessible 

national meteorological tower database. 

C. The 2011 Voluntary Meteorological 

Tower Marking Policy Statement 

On January 5, 2011, in response to 

concerns from agricultural operators 

over the safety risk of low-flying 

operations in remote and rural areas and 

a November 16, 2010, meeting with 

representatives from the National 

Agricultural Aviation Association 

(NAAA) to discuss safety-specific 

concerns of the aerial application 

industry, the FAA published a proposed 

policy statement that recommended 

voluntary marking of meteorological 

towers under 200 feet AGL.17

The FAA published the final policy 

on June 24, 2011,18 and included 

voluntary marking guidance in AC 70/ 

7460–1L.19 The FAA continues to 

modify its voluntary marking criteria in 

AC 70/7460–1. 

D. State Requirements Related to 

Marking of Meteorological Towers 

In the absence of a nationwide 

requirement for marking meteorological 

towers, at least sixteen states adopted 

meteorological tower marking and 

notice requirements.20 As a result of 

individual state requirements, marking 

and lighting requirements are 

inconsistent across states and may 

conflict with FAA AC 70/7460–1 

marking requirements, which Congress 

mandated the FAA to adopt for marking 

standards. 

For example, Colorado 21 requires that 

certain towers over 50 feet in height be 

marked and painted or otherwise 

constructed to be visible in clean air 

during daylight hours from a distance of 

not less than 2,000 feet. Colorado 

requires towers be painted in equal 

alternating bands of aviation orange and 

white, beginning with orange at the top 

of the tower. Additionally, Colorado 

also requires the attachment of one 

marker ball to the top third of each 

outside guy wire and that guy wires 

have seven-foot-long safety sleeves at 

each anchor point that extend from the 

anchor point along each guy wire 

attached to the anchor point. 

Additional states have similar 

requirements. Wyoming 22 stipulates 

that any structure that meets the criteria 

must be marked in a manner that makes 

the tower recognizable in clear air 

during daylight hours from a distance of 

at least 2,000 feet. South Dakota’s law 23

mandates that any meteorological tower 

of 50 feet or more, including the tower, 

guy wires, and accessory facilities, 

located outside the boundaries of a 

municipality must be marked, painted, 

flagged, or otherwise constructed to be 

recognizable in clear air during daylight 

hours. While some similarities exist 

between these requirements, they are 

not consistent with FAA AC 70/7460–1 

and, considering Colorado’s 


lotter on DSK11XQN23PROD with PROPOSALS1
90632 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

24FAA letter to NASAO (October 27, 2011). 

25 49 U.S.C. 40103(b) and 44718. 

26NAAA Fact Sheet on the Dangerous Effects of 

Towers to Low-Level Aviators (January 2020) and 

NAAA Facts About the Aerial Application Industry 

(available at https://www.agaviation.org/ 

industryfacts). 

27Per NAAA, 550 operators and 305 pilots 

responded to the survey, available at 

www.agaviation.org. 

28Notification for Airborne Wind Energy Systems 

(AWES) notice of policy and request for 

information, 76 FR 76333 (Dec. 7, 2011). 

29Airborne wind Energy System (AWES) Policy 

Statement, 87 FR 78849 (Dec. 23, 2022). 

requirements, are also inconsistent 

across three shared state lines. 

In addition to inconsistent marking 

requirements, state laws for filing notice 

of existing, new, and dismantled 

meteorological towers vary across state 

lines. Only five states require notice of 

current meteorological towers, only nine 

require notice of planned construction 

for new meteorological towers, and only 

six require notice of dismantled 

meteorological towers. The notice 

requirements directed by states are 

inconsistent with what the FAA 

proposes to standardize. 

In response to the inconsistent state 

marking standards, the FAA sent the 

National Association of State Aviation 

Officials (NASAO) a letter in 2011.24

The letter reminded the association that 

the Federal Government occupied the 

entire field of airspace management and 

aviation safety, preempting state and 

local regulation related to the marking 

and lighting of structures for aviation 

safety purposes. The FAA is vested with 

plenary authority to regulate the use of 

the airspace as necessary to ensure the 

safety of aircraft and the efficient use of 

airspace.25

E. Statutory Mandates 

Section 2110 of FESSA, revised by 

section 576 of FAARA, requires either 

the marking of covered towers as 

defined in section 2110, which includes 

meteorological towers, consistent with 

AC 70/7460–1L or their inclusion 

within a database, except for 

meteorological towers. Section 2110 

requires all meteorological towers be 

marked and included in a database. 

Congress also mandated that the 

database conform to additional 

provisions to ensure data security and 

accuracy. 

Section 355 of the FAA 

Reauthorization Act of 2024 requires 

that the FAA publish an NPRM within 

one year of the date of enactment of the 

2024 Act. 

F. Industry Engagement 

The NAAA expressed concerns to the 

FAA regarding the visibility of 

meteorological towers less than 200 feet 

AGL not currently subject to notice 

requirements, stating that these towers 

are particularly hazardous to pilots of 

low-flying aircraft in remote and rural 

areas.26 The NAAA referenced its 2019 

survey 27 and reported that agricultural 

operators and pilots considered power 

lines, communication towers, and 

meteorological towers as the top three 

occupational hazards. Additionally, 52 

percent of the respondents encountered 

a wind turbine or an unmarked 

meteorological tower when making 

aerial applications. 

The NAAA continues to urge the FAA 

to expand tower marking guidance to 

include all guy wire and freestanding 

towers more than 50 feet in height. 

Further, NAAA asked the FAA to 

require tower marking and lighting, if 

feasible. 

G. The 2022 Airborne Wind Energy 

Systems Policy Statement 

As noted previously, on December 7, 

2011, the FAA published the 

Notification for Airborne Wind Energy 

Systems (AWES) notice of policy and 

request for information in the Federal 

Register.28 The 2011 notice established 

policy related to airborne wind energy 

systems. The 2011 notice also stated 

that given the altitudes in which 

airborne wind energy systems can 

operate and their operating 

characteristics, the FAA concluded that 

they should be studied and the potential 

impacts to the navigable airspace must 

be identified and addressed. 

Accordingly, in the 2011 notice the 

FAA announced that the provision of 

part 77 will apply to temporary airborne 

wind energy systems proposals for data 

collection purposes. At that time, the 

FAA found that it could apply the 

provisions of 14 CFR part 77 to these 

‘‘structures’’ without the need to amend 

the regulations. The FAA stated that 

permanent and operational airborne 

wind energy systems may be addressed 

in the future, once further evaluations 

and risk assessments are performed. 

To facilitate the timely manner in 

which airborne wind energy systems 

proposals were reviewed, the FAA, in 

the 2011 proposal, requested airborne 

wind energy systems developers and 

operators to limit temporary operations 

to the following: 

(1) Airborne operations of airborne 

wind energy systems should be 

temporary in nature for testing and data 

collection purposes only; 

(2) Single airborne wind energy 

system devices only (e.g., no ‘‘farms’’ or 

multiple simultaneous testing); 

(3) Airborne wind energy systems 

should be limited to a single fixed 

location (e.g., no mobile ground 

facilities); 

(4) Testing is confined to heights at or 

below 499 feet AGL; 

(5) Airborne flight testing of airborne 

wind energy systems will only occur 

during daylight hours; and, 

(6) Airborne wind energy systems will 

be made conspicuous to the flying 

public. 

The FAA sought comments on 

revising its policy regarding the 

application of 14 CFR part 77 to 

airborne wind energy systems. In 

addition, the notice requested 

information from airborne wind energy 

system developers and the public 

related to these systems so that the FAA 

could comprehensively analyze the 

airborne wind energy systems and their 

integration into the NAS. 

On December 23, 2022, the FAA 

published the Airborne Wind Energy 

(AWES) Policy Statement in the Federal 

Register in response to the 2011 

statement.29 The 2022 policy 

summarized and discussed the 

comments received in response to the 

2011 notice. In the 2022 policy 

statement, the FAA amended the policy 

set forth in the 2011 notice and stated 

it will consider part 77 applications for 

all airborne wind energy systems, 

including permanent and operational 

systems. Those entities proposing 

construction of an AWES that exceeds 

the parameters in § 77.9 (e.g., an 

airborne wind energy system 

constructed at more than 200 feet AGL 

at its site) must file advance notice with 

the FAA. 

III. The Proposed Rule 

A. Requirements Related to 

Meteorological Towers 

1. Definition of Meteorological Tower 

(§ 77.3) 

The FAA proposes to define a 

meteorological tower in § 77.3 as ‘‘a 

skeletal or pole-type structure, either 

freestanding or anchored with guy 

wires, configured with components to 

measure wind speed and wind direction 

at different heights above ground level 

to assess local wind energy resources.’’ 

The proposed definition incorporates 

skeletal or pole-type structures, 

common elements of meteorological 

towers. There are single tower masts, 

self-supporting antenna towers, guyed 

telescopic towers, or telescopic unguyed towers that can rapidly deploy to 

heights more than 100 feet AGL. There 

are also stand-alone towers that do not 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90633 

30 § 77.7(a) and (b). 

31The FAA may include some structures or 

obstacles on aeronautical charts. In cases where a 

structure is charted and noted in the FAA database, 

pilots are responsible for entering the relevant 

location information in their navigation system. 

Although Global Positioning System (GPS) 

equipment is not required by the FAA for visual 

flight rules (VFR) flight, the FAA believes that most 

agricultural operators equipped their aircraft with 

GPS, based on a 2019 NAAA industry survey. This 

survey also showed that 99% of respondents 

reported that they use a GPS device for swath 

guidance. A GPS display can also show the pilot the 

aircraft’s location when the spray was turned on or 

off and can enable the marking of boundaries, 

obstacles, and other user-defined inputs. 

32Some sponsors of meteorological towers with a 

height less than 200 feet AGL submitted voluntary 

notifications to the FAA. Because these structures 

do not meet or exceed the current notification 

requirements in part 77, the FAA issued a 

Continued 

use guy wires, all of which are covered 

by this definition. 

The definition encompasses 

permanent and temporary 

meteorological towers, freestanding 

meteorological towers, and 

meteorological towers with guy wires 

due to the see and avoid safety risks 

they each pose. Under this proposed 

definition, the FAA would identify 

where these towers are located, publish 

the locations in a database, and have 

them marked where appropriate in an 

effort to increase safety at lower 

altitudes. Temporary towers can be 

erected in a matter of hours, creating an 

unexpected safety risk for pilots, even 

for those familiar with the area. The 

FAA is including meteorological towers 

with guy wires, which are freestanding 

structures with a tensioned cable 

designed to add stability because, 

depending upon the materials used, the 

guy wires may be difficult to see in 

certain atmospheric conditions. 

2. Notice Requirements for Proposed or 

Altered Meteorological Towers With the 

Highest Point of the Structure at Least 

50 Feet AGL Up to and Including 200 

Feet AGL at Its Site (§§ 77.7, 77.9(a)(2)) 

Consistent with current practice, the 

FAA would require a sponsor of a 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to file notice pursuant to § 77.7 

before the start of construction or 

alteration or the date of application for 

a construction permit for any new 

meteorological tower, whichever is 

earlier.30 Specifically, the sponsor 

would be required to electronically 

complete and submit FAA Form 7460– 

1, Notice of Proposed Construction or 

Alteration, or FAA Form 7460–2, Notice 

of Actual Construction or Alteration, via 

the internet at https://oeaaa.faa.gov. 

Except under limited circumstances, a 

sponsor required to provide notice 

would be required to submit FAA Form 

7460–1 at least 45 days before the start 

date of the proposed construction or 

alteration, or the date an application for 

a construction permit is filed, 

whichever is earlier. 

The FAA proposes to add a new 

paragraph (a)(2) to § 77.9 to require 

notice of the construction or alteration 

of meteorological towers with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site in order to allow for the 

tower’s inclusion within the FAA’s 

publicly available database; additional 

study of the structure pursuant to part 

77; and the marking of those towers. 

The FAA would also add a new 

§ 77.5(d) to make clear that a sponsor 

proposing any construction or alteration 

of a meteorological tower with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site must provide adequate 

notice to the FAA of that construction 

or alteration pursuant to § 77.7(b). 

If the FAA does not receive a notice, 

it cannot study the structure or include 

it in the FAA’s public (DOF) database.31

If the FAA does not include in its DOF 

database a meteorological tower with 

the highest point of the structure at least 

50 feet AGL up to and including 200 

feet AGL at its site, operators of lowflying aircraft, including agricultural 

operators or first responders, may not be 

aware of the locations of the same. This 

proposal would direct sponsors to file 

notice and provide detailed information 

concerning meteorological towers with 

the highest point of the structure at least 

50 feet AGL up to and including 200 

feet AGL at its site. Filing notice would 

enable the FAA to provide this 

information to the public via a publicly 

available database. Pilots of agricultural 

and other low-flying aircraft operators 

(e.g., emergency medical services 

aircraft, firefighting aircraft, utility 

patrol and maintenance aircraft, fish 

and wildlife service aircraft, aerial 

survey aircraft, and military aircraft) 

would have the ability to obtain this 

information for preflight planning 

purposes pursuant to § 91.103, which 

requires each pilot in command to 

become familiar with all available 

information concerning that flight. 

While markings are critical features 

that assist pilots of low-flying aircraft to 

see obstacles in their flightpath, the 

FAA concludes it is crucial to provide 

a database of known obstacles for pilots 

to use during flight planning to increase 

pilots’ situational awareness. Given the 

number of competing elements for pilot 

attention during low-altitude flight, 

whether during routine operations or 

when experiencing an in-flight anomaly 

or emergency with limited time to 

respond safely, a database providing the 

accurate locations of meteorological 

towers with the highest point of the 

structure at least 50 feet AGL up to and 

including 200 feet AGL at its site may 

reduce the risk of collision accidents to 

low-flying aircraft. To include 

meteorological towers in the database 

for public and pilot awareness, sponsors 

must file notice with the FAA. 

Therefore, the FAA determined it is 

appropriate to propose to amend the 

current provisions of part 77 to require 

all sponsors of newly constructed and 

altered meteorological towers with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site to file advance notice 

with the FAA on a mandatory basis. 

Expanding the existing notice 

requirement to include existing 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site would also enable the FAA to 

conduct an aeronautical study. The FAA 

may issue a part 77 determination. If the 

FAA issues a determination, pursuant to 

§ 77.12, the FAA would only issue 

recommended conditions and 

limitations. 

The FAA is proposing notice of 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. The FAA considered 

proposing to require notice of a 

meteorological tower at any height but 

determined that such a proposal would 

be unnecessarily broad based on 

accident data specific to meteorological 

towers. The FAA excluded towers under 

50 feet AGL from this rulemaking as the 

risk of inadvertent collision is minimal 

due to the low number of operations 

that occur at those altitudes. Outside of 

takeoff and landing as well as crop 

dusting, few operations occur below 50 

feet AGL. Finally, from the data 

provided by the NTSB, none of the 

accidents they investigated occurred 

below 50 feet AGL. 

3. Notice Requirements for Existing 

Meteorological Towers Constructed 

With the Highest Point of the Structure 

at Least 50 Feet AGL Up to and 

Including 200 Feet AGL at Its Site 

(§§ 77.7(d) and 77.9(b)) 

Existing meteorological towers with a 

height at or below 200 feet AGL 

generally do not meet notice criteria in 

§ 77.9 unless they exceed an imaginary 

surface or are constructed on an airport 

under current § 77.9(b) and (d).32 The 


lotter on DSK11XQN23PROD with PROPOSALS1
90634 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

Determination of No Hazard without any marking 

and/or lighting conditions. However, the FAA 

encourages sponsors to voluntarily comply with 

marking and lighting standards in FAA AC 70/ 

7460–1. 33NTSB/SIR–14/01. 

FAA proposes amending § 77.7 by 

adding paragraph (d) and adding 

§ 77.9(b), requiring sponsors of existing 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to file notice with the FAA 

within 90 days of the effective date of 

a final rule. As proposed in § 77.7(d), 

sponsors would be required to complete 

and submit notice of existing towers 

electronically via the internet at https:// 

oeaaa.faa.gov using FAA Form 7460–1. 

The FAA intends to require the 

sponsors of any existing meteorological 

tower, whether in use or not but still 

standing, to provide the FAA notice of 

its existence. The FAA determined that 

existing meteorological towers at the 

same heights will continue to pose an 

undue risk to low-flying aircraft unless 

sponsors file notice with the FAA or 

dismantle the tower. Upon receiving a 

notice as proposed, the FAA would 

create a public record of the 

meteorological tower in the DOF 

database, detailing the tower’s location, 

height, and marking or lighting. This 

database inclusion would ensure 

availability of the most current 

information available for pilots to use in 

preflight planning. 

The FAA considers 90 days as a 

reasonable time for industry to file 

notice of existing meteorological towers 

because it will allow for sponsors to 

dismantle any temporary towers and for 

the sponsors to gather information. The 

purpose of requiring existing towers to 

file is to ensure inclusion of these 

towers in the FAA’s publicly available 

database as soon as practicable. 

The proposed amendment would also 

subject existing meteorological towers to 

the provisions in subparts C and D of 

part 77, such as the requirement to 

notify the FAA when the structure is 

abandoned or dismantled in accordance 

with current § 77.11 (proposed § 77.10). 

Including these subparts would ensure 

the FAA’s ability to remove the 

structure from its database when 

supplemental notice is received by the 

FAA, thereby increasing the accuracy of 

information provided to the public. 

The FAA also proposes to revise 

§ 77.5(e) to make clear that the FAA 

would use the notice provided by a 

sponsor to evaluate the effect of a 

meteorological tower in existence before 

the effective date of a final rule on safety 

in air commerce and the efficient use 

and preservation of the navigable 

airspace and of airport traffic capacity at 

public use airports. The notice would 

also be used by the FAA to determine 

whether the effect of a meteorological 

tower in existence before the effective 

date of a final rule is a hazard to air 

navigation. The FAA will study these 

notices, and the FAA may issue a part 

77 determination. If the FAA issues a 

determination, pursuant to § 77.12, the 

FAA would only issue recommended 

conditions and limitations. 

Amending part 77 to require notice 

from sponsors of existing meteorological 

towers constructed at least 50 feet AGL 

up to and including 200 feet AGL at 

their sites, regardless of location, would 

reduce the potential collision risk with 

unmarked meteorological towers or 

their guy wires for pilots of low-flying 

VFR aircraft. If the FAA adopts the 

proposed amendment, a pilot or 

operator would be able to search the 

FAA’s public database, access 

meteorological tower pertinent 

information for preflight planning 

purposes, and input the information 

into their GPS system (if equipped) to 

provide additional situational 

awareness of the tower while airborne. 

With this data, agricultural and other 

low-flying aircraft operators could better 

manage the risk associated with 

potential obstacle collisions by 

exercising pre-flight planning 

procedures. For that reason, it is 

particularly important that pilots 

engaged in low-flying aircraft operations 

routinely check the FAA’s public DOF 

database for use during pre-flight 

planning to confirm existing structures 

or identify new structures where they 

plan to operate. The FAA urges pilots to 

use GPS systems to track all 

obstructions contained in the database. 

Similarly, the FAA recommends that 

pilots incorporate obstacle analysis 

tasks into preflight planning to identify 

obstacles before conducting survey 

flights of the area. In fact, the NTSB 

noted that ‘‘pilots involved in collision 

accidents in 2013 reported that they 

performed survey flights but did not see 

the obstacles that the aircraft eventually 

hit.’’ 33

B. Partial Implementation of the FESSA 

1. Meteorological Towers 

The FAA proposes to partially 

implement section 2110 of FESSA, as 

amended by section 576 of FAARA of 

2018. Section 2110 requires the FAA to 

have all ‘‘covered towers’’ marked 

consistent with applicable guidance in 

the advisory circular of the FAA issued 

December 4, 2015 (AC 70/7460–IL) or 

entered into a database (meteorological 

towers must be marked and entered into 

a database). Congress defined a covered 

tower as a meteorological tower, selfstanding tower, or tower supported by 

guy wires and ground anchors with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site that meet certain criteria. 

The FAA is not proposing to require all 

self-standing towers or all towers 

supported by guy wires and ground 

anchors with the highest point of the 

structure at least 50 feet AGL up to and 

including 200 feet AGL at its site to be 

marked or be included in a database. 

The data from the NTSB show that very 

few accidents involve self-standing 

towers or towers supported by wires 

and ground anchors with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site that do not also involve a 

meteorological tower or a tower that 

supports electric utility transmission or 

distribution lines, the latter of which 

section 2110 excludes. Due to the 

minimal number of accidents involving 

towers not excluded by section 2110, 

the FAA is proposing to limit the tower 

marking and database requirements to 

meteorological towers. 

Section 2110 sets forth criteria that 

narrows which towers are considered 

covered towers. Specifically, Congress 

stated that a tower should be captured 

if it meets the following: 

• Is 10 feet or less in diameter at the 

above ground base, excluding concrete 

footing; 

• Has accessory facilities on which an 

antenna, sensor, camera, meteorological 

instrument, or other equipment is 

mounted; and, 

• Is located on land that is in a rural 

area and used for agricultural purposes 

or immediately adjacent to such land. 

The FAA captures these towers but, 

because the NTSB data demonstrated 

the majority of the incidents involved 

meteorological towers regardless of 

equipment, diameter, or location, 

expanded its definition to include 

meteorological towers of all sizes, 

equipage, and location. 

Section 2110 also sets forth those 

towers that are not considered covered 

towers. NTSB data demonstrated that 

the majority of the incidents involved 

meteorological towers regardless of 

equipment, diameter, or location. As 

such, in order to improve safety, the 

FAA is not proposing to adopt the 

following exclusions: 

• Is adjacent to a house, barn, electric 

utility station, or other building; 

• Is within the curtilage of a 

farmstead or adjacent to another 

building or visible structure; or, 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90635 

34https://www.ntsb.gov/safety/safety-recs/ 

RecLetters/A-13-016-017.pdf. 

35NTSB accident number SEA04LA027 

(December 15, 2003): Accident when an aircraft 

operating for personal flight collided with an 

unmarked meteorological tower (164 feet AGL). 

36https://oeaaa.faa.gov. 

37The FAA conducts studies on more than 

100,000 structures annually. However, the database 

is limited to those structures located in close 

proximity to a public-use airport. 

• Is located within the right-of-way of 

a rail carrier, including within the 

boundaries of a rail yard, and is used for 

a railroad purpose. 

The FAA is also proposing to not 

include the following exclusion for 

towers: 

• Has already mitigated any hazard to 

aviation safety in accordance with FAA 

guidance or as otherwise approved by 

the FAA Administrator. 

Congress mandated that 

meteorological towers be entered into a 

database as well as marked. As 

supported by NTSB data, the entry into 

a database via notice to the FAA would 

ensure aircraft operators are aware in 

advance of the location of the towers. As 

such, the FAA is not proposing to 

exclude these towers if they are 

independently marked or if the FAA 

receives notice of a tower to enable 

inclusion within the FAA’s database. 

Moreover, the FAA wants the 

opportunity to study each tower and to 

assess the proper marking and potential 

lighting requirements. The FAA also 

wants to be kept abreast of any changes. 

Without covering these meteorological 

towers, the FAA will not be able to 

make an independent assessment about 

what terms and conditions should apply 

to ensure safety and the sponsor would 

not be subject to the ongoing obligations 

to update the FAA. 

This proposal also would not 

implement section 2110’s requirement 

that sponsors mark meteorological 

towers that exist at the time of the final 

rule’s effective date. The FAA would 

require that sponsors of existing 

meteorological towers file notice with 

the FAA within 90 days of the effective 

date of a final rule using FAA Form 

7460–1. These notices would enable the 

FAA to study those towers. Existing 

meteorological towers at least 50 feet 

AGL up to and including 200 feet AGL 

are required to file notice with the FAA 

within 90 days of the effective date of 

a final rule. The FAA will study these 

notices, and the FAA may issue a part 

77 determination. If the FAA issues a 

determination, pursuant to § 77.12, the 

FAA would only issue recommended 

conditions and limitations. If a sponsor 

alters an existing tower, the FAA 

proposes to then impose marking 

requirements. The FAA is not proposing 

to impose retroactive marking 

requirements as existing towers would 

already be in the DOF to alert aircraft 

operators of their presence, sponsors 

will have marking recommendations, 

and sponsors will be required to mark 

a tower if the tower is altered or file 

notice when dismantling a tower so the 

FAA may remove it from the DOF 

database. Finally, in the interest of 

safety, the FAA is not including section 

2110’s exclusion and waiver provisions 

in this proposal due to the need for all 

meteorological towers at least 50 feet 

AGL up to and including 200 feet AGL 

at their sites to be studied and added to 

the DOF. 

The FAA proposes to implement only 

those provisions of section 2110 

applicable to meteorological towers 

supported by safety data and aviation 

accidents involving meteorological 

towers with the highest point of the 

structure below 201 feet AGL. However, 

this limitation does not address the risk 

to the larger population of low-flying 

aircraft operators identified by NTSB 

that the FAA seeks to mitigate with this 

proposal, including the risk to 

helicopter emergency medical services, 

law enforcement, animal damage 

control, fish and wildlife surveys, and 

aerial fire suppression.34 The FAA 

agrees with NTSB that the demonstrated 

risk to low-flying aviation, as a whole, 

posed by unmarked meteorological 

towers justifies requiring notice of 

meteorological towers regardless of 

location.35 The proposal also partially 

addresses NTSB’s 2013 safety 

recommendations A–13–16 and A–13– 

17, issued in 2013. In sum, it would 

provide the FAA with information that 

will improve the safety of low-flying 

aircraft. 

Newly filed proposed and altered 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at their sites would be subject to the 

marking requirement. Meteorological 

towers can come from the manufacturer 

painted, reducing the burden of painting 

the structure after delivery. Dismantling 

an existing tower to paint it would be 

costly, considering the average 

deployment of one to three years. 

Regardless of marking, the existing 

towers would be included in the 

database. 

2. Database 

The FAA plans to partially implement 

section 2110’s database requirement 

without making regulatory changes 

beyond those already discussed. Section 

2110 requires the FAA to develop or 

utilize an existing database that contains 

the location and height of covered 

towers and to keep the database current 

to the extent practicable. The agency 

also must ensure that any proprietary 

information in the database is protected 

from disclosure in accordance with law. 

In addition, the FAA Administrator 

must ensure that, by virtue of accessing 

the database, users agree and 

acknowledge that information in the 

database may only be used for aviation 

safety purposes and may not be 

disclosed for purposes other than 

aviation safety, regardless of whether or 

not the information is marked or labeled 

as proprietary or with a similar 

designation. Further, the section directs 

the FAA to ensure that tower 

information in the database is deidentified and that the information only 

includes the location, height, and 

presence of guy wires. The FAA must 

ensure the information in the dataset is 

encrypted at rest and in transit and is 

protected from unauthorized access and 

acquisition. Additionally, the FAA must 

ensure registration of towers, database 

inclusion of proposed towers before 

construction, and database availability 

for pilots who intend to conduct lowaltitude operations so they may consult 

the database before flight operations. 

Lastly, section 2110 states that the 

database must be available for use 

within 1 year of the effective date of the 

rule. The FAA plans to use the existing 

OE/AAA system to partially implement 

section 2110’s database requirement. 

The FAA would include any structure 

filing notice under current regulations, 

those giving notice pursuant to 

proposed changes applicable to 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site, and wind turbines in the 

database. 

The existing OE/AAA system meets 

section 2110’s general intent to make 

information concerning structures that 

may pose a hazard to aviation available 

to the flying public. The available data 

includes structure type, location, 

latitude, longitude, height, elevation, 

marking, lighting, and proximity to the 

nearest town and airport. The 

information available on the OE/AAA 

website 36 depicts accurate information 

received from filed notices of proposed 

structures that require issuance of an 

FAA determination.37

Although pilots can search for known 

meteorological towers on the OE/AAA 

website without having a user account, 

any interested party can register for, and 

establish, a user account. Once 

registered, the interested party can 

subscribe to receive email notifications 


lotter on DSK11XQN23PROD with PROPOSALS1
90636 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

38www.faa.gov/air_traffic/flight_info/aeronav/ 

digital_products/dof. 39The FAA considers a structure dismantled 

when it is taken down and abandoned when a 

proposed structure is not built. 

40Airborne Wind Energy Systems (AWES) Policy 

Statement, 87 FR 78849 (Dec. 23, 2022). 

when the FAA receives a request for 

obstacle construction or modification 

within a geographic area defined by the 

user. The OE/AAA website also 

provides a tool that allows a user to find 

all obstacles of notice received within a 

user-defined radius from a location. 

Source information for this tool comes 

from a combination of the notices of 

proposed construction or alteration 

submitted to the FAA’s Obstruction 

Evaluation Group and the DOF.38

Consistent with section 2110, the 

FAA would update the system to 

include meteorological towers and 

create an ability to search for known 

meteorological towers via the FAA’s 

public OE/AAA website. This update 

would allow pilots to obtain a list of 

meteorological towers by location (e.g., 

state) from the FAA’s database. As 

proposed, filers would also be required 

to notify the FAA if the structure is 

dismantled or abandoned 39 to enable 

the FAA to update its database. In 

addition, the FAA would add 

disclaimers to the site consistent with 

section 2110 to reflect the limits on the 

use of the available information for 

aviation safety purposes, and that the 

information may not be disclosed for 

purposes other than aviation safety, 

regardless of whether the information is 

marked or labeled as proprietary or with 

a similar designation. The FAA intends 

to modify the OE/AAA system to 

coincide with the effective date of the 

final rule. 

The FAA would maintain and update 

the existing OE/AAA system to meet the 

objectives of section 2110. This would 

fully address NTSB 2013 safety 

recommendation A–13–17. Section 

2110’s requirement to ensure pilots 

conducting low-altitude operations 

consult the relevant parts of the 

database is outside the scope of this 

rulemaking and falls under 14 CFR part 

91. The FAA recommends that pilots 

use the DOF database to obtain the most 

up-to-date information prior to flight. 

3. Exclusion and Waiver Authorities 

Section 2110 authorizes the FAA 

administrator to exclude a class, 

category, or type of tower that is 

determined to not pose a hazard to 

aviation safety after public notice and 

comment. It also directs the FAA to 

establish a process to waive specific 

towers from marking requirements if the 

agency determines the tower does not 

pose a hazard to aviation safety. Section 

2110 requires the Administrator to 

consider specific factors that may 

mitigate risk and to consider excluding 

towers located in a state that has 

enacted tower marking requirements. As 

explained earlier, the FAA is limiting 

this proposal to those towers for which 

it has accident data to support the 

regulation. In this case, the proposal 

applies to meteorological towers with 

the highest point of the structure at least 

50 feet AGL up to and including 200 

feet AGL at its site. Because the agency 

determined the expanded definition of a 

covered tower would include those that 

do not pose a hazard to aviation safety 

given the FAA has no accident data 

involving these structures, the FAA 

would exclude other structures (a selfstanding tower or tower supported by 

guy wires and ground anchors) meeting 

the section 2110 definition of a covered 

tower. 

Section 2110 requires the 

Administrator to consider specific 

factors that may mitigate risk and to 

consider excluding towers located in a 

state that has enacted tower marking 

requirements. As explained above, the 

FAA issued a letter reiterating that the 

Federal Government occupies the entire 

field of airspace management and 

aviation safety, preempting state and 

local regulation related to the marking 

and lighting of structures for aviation 

safety purposes. The FAA is vested with 

plenary authority to regulate the use of 

the airspace as necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. 

C. Wind Energy Systems 

1. Definition of Wind Energy System 

and Airborne Wind Energy System 

(§ 77.3) 

The FAA proposes to define a wind 

energy system in § 77.3 to mean 

‘‘structures that convert kinetic energy 

in the wind to electrical energy. A wind 

energy system may consist of a single 

structure or a group of structures.’’ This 

definition is inclusive of all wind 

energy systems (e.g., airborne wind 

energy systems (AWES) or wind 

turbines generally composed of a 

horizontal turbine nacelle, mounted on 

a fixed vertical structure or tower or 

AWES). This definition would provide 

additional clarity and context for the 

proposed changes directed exclusively 

at wind energy systems. 

Further, the FAA proposes to define 

‘‘airborne wind energy system (AWES)’’ 

in § 77.3, consistent with the FAA’s 

2022 final notice of policy.40 AWES 

would mean a structure, which consists 

of a self-supported airborne system 

tethered to a ground station, with an 

airborne or ground-mounted drivetrain 

used to convert kinetic energy in the 

wind to mechanical power for the 

purpose of generating electricity. 

2. Proposal for 90-Day Advance Notice 

of Construction or Alteration of Wind 

Energy Systems (§ 77.7(c)) 

Currently, a sponsor must submit 

notice 45 days before the start date of 

the proposed construction or alteration, 

or the date an application for a 

construction permit is filed, whichever 

is earlier. The FAA proposes to add 

§ 77.7(c) requiring sponsors to submit 

notice of the proposed construction or 

alteration of a wind energy system with 

a proposed height greater than 200 feet 

AGL at least 90 days before the start 

date of the proposed construction or 

alteration, or the date an application for 

construction or alteration permit is 

filed, whichever is earlier. The FAA 

would redesignate the provisions 

currently codified in §§ 77.7(c) and (d) 

as §§ 77.7(b)(1) and (2), respectively. As 

part of this proposal, the FAA would 

clarify that a meteorological tower is 

associated with a wind energy system 

when it is included in a wind energy 

systems project and is intended to be 

permanent. A meteorological tower is 

permanent when it is intended to 

remain in place for the duration of its 

lifecycle. 

Due to the unique physical 

characteristics of wind energy systems, 

specifically wind turbine structures, 

their potential impact to 

communication, air navigation, and 

surveillance systems as well as the 

increasing number of proposals 

requiring an aeronautical study, the 

FAA requires additional time to conduct 

studies of wind turbines and determine 

potential NAS impacts. This proposal 

would realistically represent the time it 

currently takes the FAA to study these 

complex structures. Provided with a 

more realistic representation of the 

obstruction evaluation processes 

duration, sponsors can better plan their 

projects. 

Wind energy system proposals are 

significantly more complex than other 

traditional structures, such as buildings, 

and more frequently require an in-depth 

study to analyze their potential effects 

on air navigation facilities and 

equipment. The FAA OE/AAA metrics 

confirm the duration of aeronautical 

studies for proposed wind turbines 

exceeds those for other structure types 

due to air traffic, communication, air 

navigation, and surveillance (e.g., radar) 

considerations. While the FAA has 

made considerable progress in 

identifying mitigation solutions 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90637 

41Public Law 109–58, 119 Stat. 594 (Aug. 8, 

2005). 

42https://www.energy.gov/eere/wind/wind-vision. 

43https://www.energy.gov/eere/wind/20-windenergy-2030-increasing-wind-energys-contributionus-electricity-supply. 

44https://www.eia.gov/energyexplained/wind/ 

electricity-generation-from-wind.php. 

required to issue a Determination of No 

Hazard to Air Navigation for proposed 

wind turbines, the current 45-day notice 

requirement in § 77.7(b) does not allow 

the FAA adequate time to gather the 

data and model potential impacts of 

proposed wind turbine(s) on NAS air 

navigation facilities and equipment. 

Additionally, 45 days does not 

adequately represent the time required 

to work with the sponsor and identify 

mitigations necessary to complete the 

study. 

The number of new wind turbine 

proposals processed by the FAA has 

increased substantially since the 

enactment of the Energy Policy Act of 

2005 41 that provided the Wind Energy 

Production Tax Credit to stimulate 

investment in wind energy. In 2004, the 

FAA received and conducted 3,030 

wind turbine aeronautical studies. Since 

then, the FAA received an average of 

21,148 wind turbine cases per year, with 

the highest being 33,396 cases in 2010. 

According to the Department of Energy’s 

(DOE) 2015 Wind Vision Report,42

which expands upon its 2008 report 

titled 20% Wind Energy by 2030,43 DOE 

continues to target wind energy as 

contributing to 20 percent of the U.S. 

electrical supply by 2030, compared to 

more than 4.5 percent at the time of 

publication. Per DOE data, wind 

electricity generation accounts for 8.4 

percent of the total U.S. generation as of 

2020.44 Hence, the FAA expects the 

demand to evaluate proposed 

construction and altered wind energy 

systems will continue and may increase. 

Furthermore, the proposed timeline 

would allow the FAA to request 

additional information from sponsors as 

needed for review per the proposed 

§ 77.11 language. While sponsors of 

proposed wind turbines would provide 

earlier notification prior to construction 

or alteration, the FAA expects that the 

total time for review would remain the 

same as it does today. The benefits from 

potentially reducing any delays in 

construction would likely offset any 

costs associated with the sponsor 

providing earlier notification. The FAA 

also proposes to amend current § 77.7(c) 

(proposed to be redesignated as 

§ 77.7(e)) by clarifying that the 90-day 

advance notice requirement applicable 

to wind turbines is also eligible for a 

waiver because of an emergency 

involving essential public services, 

public health, or public safety. 

3. Proposal for Extended Effectiveness 

Period for Wind Turbine Determinations 

(§ 77.33(c)) 

The FAA proposes to amend § 77.33 

by extending the effective period for a 

Determination of No Hazard involving 

wind turbines and any associated 

meteorological tower from 18 to 36 

months. The FAA would redesignate the 

provision currently codified in 

§ 77.33(c) as § 77.33(d). 

Wind energy systems developers often 

file notice with the FAA years before 

their target date to begin construction. 

They file early to allow time to address 

environmental and other local land-use 

requirements, secure financing, acquire 

materials, and complete tests at 

proposed locations using meteorological 

towers to validate the potential benefits 

of a particular location. As a result, 

wind turbine project developers 

routinely ask the FAA for a one-time 18- 

month extension of the Determination of 

No Hazard to Air Navigation in 

accordance with the FAA regulations 

pursuant to § 77.35(c). However, even 

with an 18-month extension, the project 

may not be built within that 3-year 

period, causing the developer to refile 

notice with the FAA, essentially starting 

the process again. Extending the wind 

turbine determination period from 18 to 

36 months would allow industry 

additional time to validate and begin 

projects. 

Under the current § 77.33(b), each 

Determination of No Hazard to Air 

Navigation issued under part 77 expires 

18 months after the effective date of the 

determination, unless extended, revised, 

or terminated. Due to the increasing size 

of individual wind turbines and the 

number of wind turbines needed to 

accomplish renewable energy goals, the 

duration to construct wind turbine 

farms can take considerably more time 

to construct than single structures. The 

18-month effectiveness period is 

frequently insufficient to allow the 

sponsor enough time to complete 

construction, even with a one-time 

extension. In alignment with proposing 

to extend wind turbine determination 

periods, the FAA also proposes to 

extend determination periods for 

meteorological towers associated with a 

wind energy system project from 18 to 

36 months. A meteorological tower is 

associated with a wind energy system 

when it is included in a wind energy 

systems project and is intended to be 

permanent. A meteorological tower is 

permanent when it is intended to 

remain in place for the duration of its 

lifecycle. 

D. Other Clarifications Related to the 

Filing of Notice (§§ 77.10, 77.11, 77.27) 

The FAA proposes to redesignate 

§ 77.11 as § 77.10 and amend it to 

identify the form, FAA Form 7460–2, 

Notice of Actual Construction or 

Alteration, sponsors currently use to 

provide supplemental notice. The 

revision also makes clear that a sponsor 

must file supplemental notice if 

otherwise requested by the FAA. 

The FAA proposes to add a new 

§ 77.11 to affirmatively require that if 

the FAA requests additional information 

during any part of the aeronautical 

study process, pre- or postdetermination, the sponsor must 

provide that information within 30 

days. The FAA needs this information 

to conduct complete aeronautical 

studies and issue accurate 

determinations. 

The FAA proposes to revise § 77.27 to 

clarify when the FAA would conduct an 

aeronautical study. Specifically, the 

FAA will conduct an aeronautical study 

when: (1) notice required under § 77.9 

has been received, or (2) the FAA 

determines a study is necessary. All 

other notices filed by the public outside 

of these parameters, meaning notice is 

neither requested by the FAA nor 

required under § 77.9, will be screened 

within the automated OE/AAA system 

and, if appropriate, provided an 

electronic letter response that indicates 

that no notice is required for the said 

proposal or alteration, and thus the FAA 

has no objections to the proposal at this 

time. This process would reduce the 

workload burden on the FAA and still 

provide the public with documentation 

for local and state requirements at an 

accelerated rate. 

E. General Changes 

The FAA proposes to add § 77.12 to 

formalize the FAA’s requirement for 

sponsors of structures, except for 

structures that have received an FAA 

Determination of No Hazard to Air 

Navigation prior to the effective date of 

a final rule or any meteorological tower 

with the highest point of the structure 

at least 50 feet AGL up to and including 

200 feet AGL at its site for which 

construction is complete prior to the 

effective date of a final rule, to comply 

with the conditions and limitations 

contained in a Determination of No 

Hazard to Air Navigation. The FAA 

provides conditions and limitations, 

including marking, in its 

determinations. Currently, the FAA 

recommends that sponsors conform 

with the standards in the AC 70/7460– 

1. In this rulemaking, the FAA is 

clarifying that the conditions and 


lotter on DSK11XQN23PROD with PROPOSALS1
90638 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

limitations themselves are mandatory 

except for structures that have received 

an FAA Determination of No Hazard to 

Air Navigation prior to the effective date 

of a final rule or any meteorological 

tower with the highest point of the 

structure at least 50 feet AGL up to and 

including 200 feet AGL at its site for 

which construction is complete prior to 

the effective date of a final rule. This 

clarifying amendment is necessary to 

eliminate safety risks that were 

identified as a result of previous 

instances of non-compliance. Consistent 

application of marking requirements 

ensures the pilot’s ability to properly 

recognize the obstructions and mitigate 

risk. 

Each newly constructed or altered 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site would receive conditions and 

limitations that include, at a minimum, 

marking requirements based upon AC 

70/7460–1. Under the current part 77, 

proposed structures that meet notice 

criteria are subject to an FAA 

aeronautical study to assess potential 

impacts on the NAS. When the FAA 

completes an aeronautical study and 

issues a determination to the sponsor of 

a proposed or altered structure, the 

determination would contain conditions 

and limitations that include, at a 

minimum, marking requirements for 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. 

Part 77 does not currently require 

marking unless recommended by an 

aeronautical study. Current 

meteorological towers taller than 200 

feet AGL fall under the current 

regulatory scheme requiring notice, an 

aeronautical study, and implementation 

of any FAA-specified risk-mitigation 

measures. If adopted, the FAA’s new 

rule would require the marking of all 

proposed and altered meteorological 

towers with the highest point of the 

structure at least 50 feet AGL up to and 

including 200 feet AGL at its site in 

accordance with AC 70/7460–1. 

Meteorological towers can be erected in 

a matter of hours. As such, an operator 

who is familiar with the terrain may 

unexpectedly encounter a temporary 

structure. Moreover, depending on the 

materials used, a meteorological tower 

may be difficult to see in certain 

atmospheric conditions. The FAA 

determined that marking, such as 

painting towers, adding marker balls or 

sleeves to guy wires, and, if warranted, 

lighting new or altered meteorological 

towers would enhance their conspicuity 

to pilots who operate at low altitudes, 

such as agricultural operators, thereby 

reducing the likelihood of incidents and 

accidents. 

Moreover, although the states 

discussed in section III.D of this 

preamble have notice and marking 

requirements similar in some aspects to 

this FAA proposal, a NAS-wide 

application of standards will increase 

aviation safety, especially for those 

pilots operating at lower altitudes across 

state lines where meteorological tower 

standards may be inconsistent. 

Consistency may reduce confusion and 

increase a pilot’s ability to see and avoid 

obstacles, either visually or with 

onboard electronics, regardless of what 

state they are flying in. The FAA 

proposed § 77.32 to codify the existing 

process contained in the AC 70/7460–1 

for requesting modifications to the 

marking and lighting conditions and 

limitations. The FAA is updating the 

process for requesting a deviation by 

requiring a sponsor to submit FAA Form 

7460–1 in the OE/AAA system for 

processing. The FAA is making this 

change to standardize the approval 

process. The proposed § 77.32 would 

codify this updated process. This 

change would be necessary if the 

conditions and limitations become 

requirements as proposed in this NPRM 

so that sponsors have a mechanism to 

seek changes to the requirements after 

the issuance of a determination. 

The FAA proposes to define 

‘‘sponsor’’ in § 77.3 as the owner of a 

structure for which notice is required 

under part 77. This would clarify the 

person that is required to provide the 

FAA with notice and is responsible for 

meeting the requirements of this 

proposed rule. A sponsor may allow a 

legally designated representative to 

fulfill the notice or other part 77 

requirements on their behalf; however, 

the FAA must receive proper notice on 

the forms submitted to the FAA. 

The FAA proposes to revise 

references to ‘‘Airport/Facility 

Directory, Alaska Supplement, or 

Pacific Chart Supplement’’ to ‘‘Chart 

Supplement U.S., Chart Supplement 

Alaska, or Chart Supplement Pacific’’ 

throughout part 77 for consistency with 

the publications’ current name. 

The FAA proposes to change all 

references throughout part 77 from 

‘‘marking and lighting 

recommendations’’ to ‘‘marking and 

lighting requirements’’ for consistency 

with proposed § 77.12. 

Throughout the sections proposed to 

be revised in this NPRM (including 

§§§ 77.29(b), and 77.35(a) and (c)(1) 

through (3)), the FAA proposes to 

change references from ‘‘you’’ to 

‘‘sponsor’’ to clarify to whom ‘‘you’’ 

refers. 

F. Proposed Effective Date 

The FAA proposes to make these 

changes effective 30 days after the final 

rule is published in the Federal 

Register. This rule would also require 

sponsors of existing meteorological 

towers with the highest point of the 

structure at least 50 feet AGL up to and 

including 200 feet AGL at its site to file 

notice within 90 days of the final rule’s 

effective date pursuant to § 77.9. 

IV. Agency Guidance 

If this rule is finalized as proposed, 

the FAA would make changes to FAA 

AC 70/7460–1 to reflect that all 

conditions and limitations in a 

Determination of No Hazard to Air 

Navigation are mandatory pursuant to 

§ 77.12, including marking requirements 

for meteorological towers with the 

highest point of the structure at least 50 

feet AGL up to and including 200 feet 

AGL at its site, except for structures that 

have received an FAA Determination of 

No Hazard to Air Navigation prior to the 

effective date of a final rule or any 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site for which construction is 

complete prior to the effective date of a 

final rule. FAA AC 70/7460–1 marking 

standards would continue to be 

recommendations when not part of a 

determination. 

The revised AC 70/7460–1 would 

direct sponsors to the most effective 

marking standards identified by the 

agency unless the FAA accepts an 

equally effective alternative. Revisions 

to AC 70/7460–1 would contain the 

most effective painting and marking 

approaches identified by the FAA. For 

instance, meteorological towers would 

need to use spherical markers or cable 

balls, sleeves, and the identified 

painting scheme unless the sponsor 

presents an equally effective alternative 

accepted by the FAA. The AC would 

direct sponsors of newly proposed 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to comply with existing 

painting standards establishing color 

and pattern requirements. The AC 

would also suggest placing a total of 8 

high-visibility aviation orange spherical 

markers or cable balls, 4 attached to guy 

wires at the top of the tower no further 

than 15 feet from the top wire 

connection and 4 at or below the midpoint of the structure on the outer guy 

wires. The AC would also suggest the 

placement of two high-visibility sleeves 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90639 

on each guy wire, one as close to the 

anchor point as possible and a second 

midway between the lower sleeve and 

the connection between wire and tower. 

The guidance would explain that 

sponsors may present alternate marking 

approaches should the FAA deem them 

equally effective. A copy of the 

proposed revised AC has been placed in 

the docket for this rulemaking. The FAA 

seeks comments on this draft revised 

AC. 

Finally, the FAA is updating the 

process for requesting a deviation from 

the marking and lighting standards in 

the AC during this rulemaking process. 

V. Regulatory Notices and Analyses 

Federal agencies consider impacts of 

regulatory actions under a variety of 

executive orders and other 

requirements. First, Executive Order 

12866, Executive Order 13563, and 

Executive Order 14094 (‘‘Modernizing 

Regulatory Review’’) direct that each 

Federal agency propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify the costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. Fourth, 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4) requires agencies 

to prepare a written assessment of the 

costs, benefits, and other effects of 

proposed or final rules that include a 

Federal mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

(adjusted annually for inflation) in any 

one year. The current threshold after 

adjustment for inflation is $183 million, 

using the most current (2023) Implicit 

Price Deflator for the Gross Domestic 

Product. The FAA has provided a 

detailed Regulatory Impact Analysis 

(RIA) in the docket for this rulemaking. 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this rule. 

In conducting these analyses, the FAA 

has determined that this rule: is not a 

‘‘significant regulatory action’’ as 

defined in section 3(f)(1) of Executive 

Order 12866 as amended by Executive 

Order 14094; may have a significant 

economic impact on a substantial 

number of small entities; will not create 

unnecessary obstacles to the foreign 

commerce of the United States; and will 

not impose an unfunded mandate on 

State, local, or Tribal governments, or 

on the private sector. 

A. Summary of the Regulatory 

Evaluation 

Congress mandated that the FAA 

issue regulations to require marking of 

covered towers and inclusion of covered 

towers in a public database. The 

proposed rule would amend part 77 

notice requirements as applicable to the 

construction or alteration of 

meteorological towers and wind 

turbines. The proposed rule responds to 

recommendations from the NTSB and 

aerial applicator organizations 

concerning fatal collisions between 

aerial applicators, private aircraft, and 

meteorological towers. The proposed 

rule also includes amendments that 

would allow the FAA to better study 

and determine potential impacts to the 

NAS from wind turbines. 

Consistent with the direction 

provided in section 2110 of FESSA, the 

FAA proposes to add § 77.12 to require 

sponsors of new meteorological towers, 

constructed with the highest point of 

the structure at least 50 feet AGL up to 

and including 200 feet AGL at its site, 

to mark the towers in accordance with 

the determination except for structures 

that have received an FAA 

Determination of No Hazard to Air 

Navigation prior to the effective date of 

a final rule or any meteorological tower 

with the highest point of the structure 

at least 50 feet AGL up to and including 

200 feet AGL at its site for which 

construction is complete prior the 

effective date of a final rule. The FAA 

notes that the 2018 FAA 

Reauthorization Act requires the 

marking of meteorological towers 

constructed within 18 months after the 

enactment of the statutory mandate, or 

when the database is completed, 

whichever is first. Therefore, in the 

proposed § 77.12, the FAA proposes to 

make the terms and conditions of a 

determination mandatory, which would 

include, at a minimum, sponsors to 

mark new or altered towers by the time 

construction is complete for 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. 

The primary costs of the proposed 

rule to industry would be the costs to 

mark new and altered meteorological 

towers. The estimated additional costs 

to mark new or altered towers is about 

$14,300. This cost includes equipment 

costs for marker balls and sleeves and 

installing them to new and altered 

towers, buying a new pre-painted tower, 

and dismantling a tower. This also 

includes the cost to provide the FAA 

notifications of both existing and 

dismantling of out-of-service 

meteorological towers. The FAA would 

process notifications of existing and 

new meteorological towers, including 

notifications of dismantled out-ofservice meteorological towers. 

Processing these notifications would 

cost the FAA about $41 per existing 

notification and about $163 per 

dismantling notification. The primary 

benefit of the proposed rule would be 

enhanced conspicuity to prevent 

agricultural pilots from colliding with 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980 (5 U.S.C. 601–612), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121) and the Small Business Jobs 

Act of 2010 (Pub. L. 111–240), requires 

Federal agencies to consider the effects 

of the regulatory action on small 

business and other small entities and to 

minimize any significant economic 

impact. The term ‘‘small entities’’ 

comprises small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The FAA is publishing this Initial 

Regulatory Flexibility Analysis (IRFA) 

to aid the public in commenting on the 

potential impacts to small entities from 

this proposal. The FAA invites 

interested parties to submit data and 

information regarding the potential 

economic impact that would result from 

the proposal. The FAA will consider 

comments when making a 

determination or when completing a 

Final Regulatory Flexibility Analysis. 

Under Section 603(b) and (c) of the 

RFA, an IRFA must contain the 

following: 

(1) A description of the reasons why 

the action by the agency is being 

considered; 

(2) A succinct statement of the 

objective of, and legal basis for, the 

proposed rule; 

(3) A description of and, where 

feasible, an estimate of the number of 

small entities to which the proposed 

rule will apply; 

(4) A description of the projected 

reporting, recordkeeping, and other 

compliance requirements of the 

proposed rule, including an estimate of 

the classes of small entities that will be 

subject to the requirement and the type 


lotter on DSK11XQN23PROD with PROPOSALS1
90640 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

45Notice requirements for meteorological towers 

are necessary to give effect to section 2110 that 

requires inclusion of all meteorological towers in 

the FAA’s public DOF database. 

of professional skills necessary for 

preparation of the report or record; 

(5) An identification, to the extent 

practicable, of all relevant Federal rules 

that may duplicate, overlap, or conflict 

with the proposed rule; and 

(6) A description of any significant 

alternatives to the proposed rule that 

accomplish the stated objectives of 

applicable statutes and which minimize 

any significant economic impact of the 

proposed rule on small entities. 

1. Reasons the Action Is Being 

Considered 

This rulemaking proposes to amend 

part 77 as it applies to the proposed 

construction or alteration of 

meteorological towers and wind energy 

systems. The proposed changes 

applicable to meteorological towers 

address safety recommendations from 

the NTSB and industry 

recommendations. 

This proposal also partially 

implements the statutory requirements 

in section 2110 of FESSA. Specifically, 

the FAA proposes these amendments 

applicable to meteorological towers: 

• Extend notice requirements to the 

proposed construction or alteration of 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. Sponsors would be required 

to file a notice of construction with the 

FAA within the current timeframe in 

§ 77.7(b); 45 and, 

• Extend notice requirements to 

existing meteorological towers at least 

50 feet AGL up to and including 200 

feet AGL at its site. Sponsors would be 

required to file a notice with the FAA 

within 90 days of the final rule’s 

effective date. 

In addition, the FAA proposes the 

following amendments applicable to 

wind energy systems to clarify and 

accurately reflect circumstances unique 

to these structures: 

• Require the earlier filing of notice 

for the proposed construction or 

alteration of wind energy systems. 

Notice would be due 90 days before, as 

opposed to the current 45 days before, 

the start date of the proposed 

construction or alteration, or the date an 

application for a construction permit is 

filed, whichever is earlier; and 

• Increase the duration of a 

Determination of No Hazard to Air 

Navigation with regard to wind energy 

systems and associated meteorological 

towers proposals from the current 18 

months to 36 months. 

Finally, this proposed rule would 

make additional non-substantive 

changes to clarify agency practice as a 

result of the proposed substantive 

changes. These changes would: 

• Amend purpose in § 77.1 to reflect 

that part 77 would include requirements 

for marking proposed meteorological 

towers; 

• Define ‘‘airborne wind energy 

system (AWES)’’ in § 77.3 consistent 

with the FAA’s 2022 final notice of 

policy. AWES would mean a structure, 

which consists of a self-supported 

airborne system tethered to a ground 

station, with an airborne or groundmounted drivetrain used to convert 

kinetic energy in the wind to 

mechanical power for the purpose of 

generating electricity; 

• Define ‘‘sponsor’’ in § 77.3 as the 

owner of a structure for which notice is 

required under part 77. This would 

clarify the person that is required to 

provide the FAA with notice and is 

responsible for meeting the 

requirements of part 77. A sponsor may 

allow a legally designated representative 

to fulfill the notice or other part 77 

requirements on its behalf; however, the 

FAA must receive proper notice on the 

forms submitted to the FAA. 

• Redesignate § 77.11 as § 77.10 and 

clarify the FAA’s current practice with 

regard to supplemental notice. The 

proposed amendment also identifies the 

form (FAA Form 7460–2, Notice of 

Actual Construction or Alteration) 

sponsors currently use to provide 

supplemental notice. 

• Add § 77.11 to require the sponsor 

to provide specific data to the FAA after 

filing a notice of construction when the 

FAA determines that additional 

information is necessary to properly 

complete an aeronautical study. 

• Add § 77.12 to require all sponsors 

to comply with the conditions and 

limitations contained in their 

determination except for structures that 

have received an FAA Determination of 

No Hazard to Air Navigation prior to the 

effective date of a final rule or any 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site for which construction is 

complete prior to the effective date of a 

final rule. This would require, at a 

minimum, proposed or altered 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to mark towers consistent with 

the conditions and limitations of the 

determination. 

• Add § 77.32 to require sponsors to 

request a modification from the marking 

and lighting requirements in a 

determination to submit FAA Form 

7460–1, Notice of Proposed 

Construction or Alteration. 

2. Objectives and Legal Basis of the 

Proposed Rule 

The FAA’s authority to issue rules on 

aviation safety is found in 49 U.S.C. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is issued under the 

authority described in 49 U.S.C. 

40103(b), which vests the administrator 

with broad authority to prescribe 

regulations to ensure the safety of 

aircraft and the efficient use of airspace, 

and 49 U.S.C. 44701(a)(5), which 

requires the Administrator to 

promulgate regulations and minimum 

standards for other practices, methods, 

and procedures necessary for safety in 

air commerce and national security. 

This rulemaking is also consistent with: 

the authority in 49 U.S.C. 44718(a), 

which directs the Secretary of 

Transportation to require a person to 

give adequate public notice of the 

construction, alteration, establishment, 

or expansion, or the proposed 

construction, alteration, establishment, 

or expansion, of a structure or sanitary 

landfill in furtherance of safety in air 

commerce and the efficient use and 

preservation of the navigable airspace 

and of airport traffic capacity at publicuse airports; section 44718(b), which 

requires the Secretary to conduct an 

aeronautical study to decide the extent 

of any adverse impact on the safe and 

efficient use of the airspace, space 

navigation facilities, or equipment if the 

secretary decides that constructing or 

altering a structure may result in an 

obstruction of the navigable airspace or 

an interference with air navigation 

facilities and equipment or the 

navigable airspace; and section 

44718(c), which requires that in 

carrying out laws related to a broadcast 

application and conducting an 

aeronautical study related to broadcast 

towers, the FAA Administrator and the 

FCC shall take action necessary to 

coordinate efficiently the receipt and 

consideration of, and action on, the 

application; and the completion of any 

associated aeronautical study. These 

proposed amendments to part 77, 

applicable to the construction or 

alteration of meteorological towers and 

wind energy systems, are within the 

scope of this authority. 

Authority for this rulemaking is 

further derived from the FAA 

Reauthorization Act of 2018, section 

576, which revised section 2110 of the 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90641 

46Small Business Administration (SBA). 2023. 

Table of Size Standards. Effective March 17, 2023. 

https://www.sba.gov/document/support--table-sizestandards. 

47North American Industry Classification System 

(NAICS) U.S. Census Bureau https://

www.census.gov/naics/?input=221115&year=2022&

details=221115. 48https://www.sba.gov/sites/default/files/2023- 

06/Table%20of%20Size%20Standards_

Effective%20March%2017%2C

%202023%20%282%29.pdf. 49Available at: https://www.census.gov/data/ 

tables/2017/econ/susb/2017-susb-annual.html, 

retrieved on April 15, 2023. 

50Cost estimates based on a call with NRG 

Systems on 4/1/2023. 

51Labor cost to install marker balls/sleeves = (T 

× W), where T is the total time it would take for 

contractors to install marker balls and sleeves (T=4 

hours); and W is the hourly wage rate for a 

contractor (W=$97.62). 

52The hourly wage rate ($63.50) was provided by 

National Association of Tower Erectors (NATE) on 

11/1/2017 and updated with the GDP deflator from 

2017 to 2022, 18.8%. U.S. Bureau of Economic 

Analysis, ‘‘Table 1.1.7. Percent Change From 

Preceding Period in Prices for Gross Domestic 

Product’’ (accessed on 2/7/2024). The benefit rate 

Continued 

FAA Extension, Safety, and Security Act 

of 2016. Section 2110 requires that the 

FAA issue regulations to require the 

marking of meteorological towers. 

Moreover, section 2110 requires that all 

covered towers constructed on or after 

the date on which such regulations take 

effect be marked or included in the 

database. Further, the section requires 

the marking of meteorological towers 

and their inclusion within an FAA 

database. Section 2110 also directs the 

FAA to ‘‘develop a database that 

contains the location and height of each 

covered tower [including meteorological 

towers];’’ keep the database current to 

the extent practicable; and ensure that 

any proprietary information in the 

database is protected from disclosure in 

accordance with the law. This section 

also requires that by virtue of accessing 

the database, users agree and 

acknowledge that information in the 

database may only be used for aviation 

safety purposes and may not be 

disclosed for purposes other than 

aviation safety, regardless of whether 

the information is marked or labeled as 

proprietary or with a similar 

designation. Publication of this NPRM 

also satisfies the requirements in 355 of 

the FAA Reauthorization Act of 2024, 

which requires the FAA to publish this 

notice of proposed rulemaking within 

one year of the date of enactment of the 

2024 Act. 

3. Description and Estimate of the 

Number of Small Entities 

The FAA used the definition of small 

entities in the RFA for this analysis. The 

RFA defines small entities as small 

businesses, small governmental 

jurisdictions, or small organizations. In 

5 U.S.C. 601(3), the RFA defines ‘‘small 

business’’ to have the same meaning as 

‘‘small business concern’’ under section 

3 of the Small Business Act. The Small 

Business Act authorizes the Small 

Business Administration (SBA) to 

define ‘‘small business’’ by issuing 

regulations. SBA (2023) has established 

size standards for various types of 

economic activities or industries under 

the North American Industry 

Classification System (NAICS).46 These 

size standards generally define small 

businesses based on the number of 

employees or annual receipts. Note that 

the SBA definition of a small business 

applies to the parent company and all 

affiliates as a single entity. 

To identify small entities, the FAA 

first identified the primary NAICS of the 

parent company and then used data 

from different sources (e.g., company 

annual reports, Bureau of 

Transportation Statistics, etc.) to 

determine whether the parent company 

meets the applicable size standard. 

Businesses affected by this rule are 

classified using the 2022 NAICS 47

under NAICS code 221115 ‘‘Wind 

Electric Power Generation.’’ This 

industry comprises establishments 

primarily engaged in operating wind 

electric power generation facilities. 

These facilities use wind power to drive 

a turbine and produce electric energy. 

The electric energy produced in these 

establishments is provided to electric 

power transmission systems or electric 

power distribution systems. The U.S. 

SBA defines entities in this industry as 

‘‘small’’—those that employ fewer than 

1,150 employees.48 With limited 

information and incomplete data on 

employment sizes for each of the 

affected meteorological tower operators, 

the FAA is uncertain as to how many 

entities would meet the SBA’s smallentity criteria. Furthermore, the FAA is 

uncertain as to how the burden 

associated with the proposed rule 

would be distributed across 

meteorological tower companies. The 

FAA requests comments and data on the 

average annual sales revenues for the 

affected small businesses and to what 

extent the costs would impact these 

entities. 

For purposes of this IRFA, the FAA 

assumes that the private sector costs of 

this proposed rule would fall entirely on 

the sponsors of meteorological towers. 

In the absence of data on annual 

receipts specific to this industry, the 

FAA relies on the most recent data 

available on average revenues for all 

businesses classified under NAICS 

221115 ‘‘Wind Electric Power 

Generation’’ from the 2017 Census 

Bureau’s Statistics of U.S. Businesses 

(SUSB) 49 to inform the analysis. The 

data indicates 98 firms with 611 entities 

in this NAICS. 

The proposed rule would affect 

sponsors, or legally designated 

representatives, of any proposed 

meteorological tower, altered 

meteorological tower, or existing 

meteorological tower if the highest point 

of the structure is at least 50 feet AGL 

up to and including 200 feet AGL at its 

site. From 2021 to 2023, 39 states 

submitted 391 voluntary new filings for 

proposed meteorological towers at least 

50 feet AGL up to and including 200 

feet AGL at its site to the FAA. 

In the absence of more financial data 

from small entities and the profile of 

small entities, the FAA is unable to 

assess the proposed rule’s economic 

impact on them. 

4. Projected Reporting, Recordkeeping, 

and Other Compliance Requirements 

In absence of more detailed data on 

small entities, it is difficult to estimate 

the number of meteorological towers 

they own. The FAA assumes that small 

entities own about two to five 

meteorological towers per entity. The 

below estimates the paperwork burden 

cost to file a notice with the FAA. The 

FAA estimates a sponsor of a new 

meteorological tower would incur 

$14,301 in additional costs per new 

tower due to the proposed rule. 

New meteorological towers would 

have to be painted and marked. It likely 

is more economical to purchase a prepainted meteorological tower, about an 

additional $2,800, instead of painting a 

non-marked tower. Eight marker balls 

costing about $2,000 and eight sleeves 

costing about $101 would have to be 

installed as part of the marking 

requirements.50 The FAA assumes the 

installation cost per tower for the 

marker ball and sleeves to take four 

hours and cost $390.51 Based on the 

industry’s experience, the FAA expects 

minimal additional labor cost for 

sponsors of new meteorological towers 

to comply with the proposed rule’s 

marking requirement, because marker 

balls and sleeves could be attached to 

the guy wires before raising the new 

meteorological tower as opposed to 

incurring costs to lower, mark, and raise 

the meteorological tower. The FAA 

estimates that it would take two 

contractors about two hours to attach 

marker balls and sleeves to the new 

meteorological tower. The total hourly 

compensation per contractor is 

$97.62.52


lotter on DSK11XQN23PROD with PROPOSALS1
90642 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

of 29.4% was also added to estimate the fully 

loaded hourly wage rate. https://www.bls.gov/ 

news.release/archives/ecec_12152023.pdf, accessed 

on 1/29/2024. 

53Cost estimate based on a conference call with 

NATE on 11/1/2017. 

54Fully loaded Hourly Wage Rate = hourly wage 

rate + (benefit rate × hourly wage rate). U.S. Bureau 

of Labor Statistics: Office and Administrative 

Support Occupations, $21.90 mean hourly wage 

rate, https://www.bls.gov/oes/2022/may/oes_

nat.htm#43-0000, accessed on 4/10/2023. 29.4% 

benefit rate: https://www.bls.gov/news.release/ 

archives/ecec_12152023.pdf, accessed on 1/29/ 

2024. 

55Fully loaded Hourly Wage Rate = hourly wage 

rate + (benefit rate × hourly wage rate). U.S. Bureau 

of Labor Statistics: Office and Administrative 

Support Occupations, $21.90 mean hourly wage 

rate, https://www.bls.gov/oes/2022/may/oes_

nat.htm#43-0000, accessed on 4/10/2023. 29.4% 

benefit rate: https://www.bls.gov/news.release/ 

archives/ecec_12152023.pdf, accessed on 1/29/ 

2024. 

The cost to dismantle a 

meteorological tower is between $5,000 

and $22,500. The FAA estimates the 

most likely cost would be around 

$9,000.53 Sponsors of out-of-service 

meteorological towers would choose to 

dismantle them because the recurring 

costs to comply with the proposed rule 

outweigh the costs to dismantle them. 

Under § 77.9, the proposed rule 

would require sponsors of both existing 

and proposed construction and altered 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to file notice with the FAA. 

In addition, § 77.11 would also require 

sponsors to file FAA Form 7460–2 after 

dismantling meteorological towers. 

To comply with these requirements, 

an office worker would complete the 

submission of information required for 

the FAA aeronautical study, provided 

they have all the relevant meteorological 

tower data and the management has all 

the critical data on the meteorological 

tower(s). The FAA estimates the fully 

loaded hourly average wage rate for an 

office worker to be $28.34.54

Respondents: The FAA is unable to 

estimate the number of existing 

meteorological towers and the annual 

number of new meteorological towers 

with the highest point of the structure 

at least 50 feet AGL up to and including 

200 feet AGL at its site due to the lack 

of federal regulations governing these 

meteorological towers. 

Frequency: Sponsors of all existing 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site would have to file notice to 

the FAA 90 days after the effective date 

of a final rule. In addition, sponsors 

would submit another notice to the FAA 

whenever they propose to construct or 

alter meteorological towers. When 

sponsors decide to dismantle a 

meteorological tower, the proposed rule 

would require them to file FAA Form 

7460–2. 

Annual Burden Estimate: The FAA 

estimates that it would take a sponsor of 

a meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site 0.25 hours (or 15 minutes) to 

file FAA Form 7460–1 electronically. 

Similarly, FAA Form 7460–2 would 

take about 0.1 hours (6 minutes) to file 

notice electronically. The FAA 

estimates that it would cost about $7 to 

file Form 7460–1 ($28.34 × 0.25 hours) 

and $3 to file Form 7460–2 ($28.34 × 

0.10 hours). 

5. All Federal Rules That May 

Duplicate, Overlap, or Conflict 

There are no Federal rules that may 

duplicate, overlap, or conflict with the 

proposed rule. 

6. Significant Alternatives Considered 

To comply with the proposed rule, 

the impacted small entities would have 

to incur a small cost to file notices with 

the FAA. The FAA found no other 

alternatives that could meet the 

objectives of the proposed rule with less 

burden on these small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this rule and 

determined that it will only have a 

domestic impact and, therefore, no 

effect on international trade. 

D. Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) governs 

the issuance of Federal regulations that 

require unfunded mandates. An 

unfunded mandate is a regulation that 

requires a State, local, or tribal 

government or the private sector to 

incur direct costs without the Federal 

government having first provided the 

funds to pay those costs. The FAA 

determined that the proposed rule will 

not result in the expenditure of $183 

million or more by State, local, or Tribal 

governments, in the aggregate, or the 

private sector, in any one year. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. The FAA 

routinely renews its ongoing 

information collection under OMB 

Control Number 2120–0001 and intends 

to continue to collect notice information 

via the OMB-approved FAA Forms 

7460–1 and 7460–2, which are the 

instruments of the information 

collection. 

Under § 77.9, the proposed rule 

would require owners of both existing 

and proposed construction and altered 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site to file notice with the FAA 

using Form 7460–1. In addition, § 77.10 

would also require owners to file FAA 

Form 7460–2 after dismantling 

meteorological towers. 

To comply with these requirements, 

an office worker would complete the 

submission of information required for 

the FAA aeronautical study, provided 

they have all the relevant meteorological 

tower data and the management has all 

the critical data on the meteorological 

tower(s). The FAA estimates the fully 

loaded hourly average wage rate for an 

office worker to be $28.34.55

Respondents: The FAA cannot 

estimate the additional number of 

existing meteorological towers and the 

annual number of new meteorological 

towers with the highest point of the 

structure at least 50 feet AGL up to and 

including 200 feet AGL at its site due to 

the lack of federal regulations governing 

these meteorological towers. 

Frequency: Sponsors of existing all 

meteorological towers with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90643 

at its site would have to file notice to 

the FAA 90 days after the effective date 

of a final rule. In addition, sponsors 

would submit another notice to the FAA 

whenever they propose to construct or 

alter a meteorological tower. When 

sponsors decide to dismantle a 

meteorological tower, the proposed rule 

would require them to file FAA Form 

7460–2. 

Annual Burden Estimate: The FAA 

estimates that it would take a sponsor of 

a meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site 0.25 hours (or 15 minutes) to 

file a notice electronically. Similarly, 

FAA Form 7460–2 would take about 0.1 

hours (6 minutes) to file notice 

electronically. The FAA estimates that it 

would cost about $7 to file Form 7460– 

1 ($28.34 × 0.25 hours) and $3 to file 

Form 7460–2 ($28.34 × 0.10 hours). 

The FAA is soliciting comments to— 

(1) Evaluate whether the proposed 

information requirement is necessary for 

the proper performance of the functions 

of the FAA, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of the FAA’s 

estimate of the burden; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of collecting 

information on those who are to 

respond, including by using appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

Individuals and organizations may 

send comments on the information 

collection requirement to the address 

listed in the ADDRESSES section at the 

beginning of this preamble by January 

17, 2025. Comments also should be 

submitted to the Office of Management 

and Budget, Office of Information and 

Regulatory Affairs, Attention: Desk 

Officer for FAA, New Executive Office 

Building, Room 10202, 725 17th Street 

NW, Washington, DC 20053. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these regulations. 

G. Environmental Analysis 

FAA Order 1050.1F identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA determined this rulemaking 

action qualifies for a categorical 

exclusion per paragraph 5–6.6f for 

regulations and involves no 

extraordinary circumstances. 

VI. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA analyzed this proposed rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action 

would not have a substantial direct 

effect on the States, or the relationship 

between the Federal Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government and, 

therefore, would not have Federalism 

implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. The agency 

determined that this action would not 

be a ‘‘significant energy action’’ under 

the executive order and would not be 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

C. Executive Order 13609, International 

Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA analyzed this 

proposed rule under the policies and 

agency responsibilities under the 

executive order and determined that 

this action would have no effect on 

international regulatory cooperation. 

VII. Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The FAA also invites comments 

relating to the economic, environmental, 

energy, or federalism impacts that might 

result from adopting the proposals in 

this document. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only one 

time if comments are filed 

electronically, or commenters should 

send only one copy of written 

comments if comments are filed in 

writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

https://www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at https://www.dot.gov/ 

privacy. 

B. Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to the person in the FOR

FURTHER INFORMATION CONTACT section of 

this document. Any commentary that 

the FAA receives that is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 


lotter on DSK11XQN23PROD with PROPOSALS1
90644 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

C. Electronic Access and Filing 

A copy of this NPRM, all comments 

received, any final rule, and all 

background material may be viewed 

online at https://www.regulations.gov 

using the docket number listed above. A 

copy of this proposed rule will be 

placed in the docket. Electronic retrieval 

help and guidelines are available on the 

website. It is available 24 hours each 

day, 365 days each year. An electronic 

copy of this document may also be 

downloaded from the Office of the 

Federal Register’s website at https://

www.federalregister.gov and the 

Government Publishing Office’s website 

at https://www.govinfo.gov. A copy may 

also be found on the FAA’s Regulations 

and Policies website at https://

www.faa.gov/regulations_policies. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW, Washington, DC 20591, or 

by calling (202) 267–9677. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed in 

the electronic docket for this 

rulemaking. 

List of Subjects in 14 CFR Part 77 

Aeronautical study, Air Navigation, 

Airspace, Aviation safety, Construction 

or Alteration, Determination, Notice, 

Obstruction, Reporting and 

recordkeeping requirements. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend chapter I of title 14, 

Code of Federal Regulations as follows: 

PART 77—SAFE, EFFICIENT USE, AND 

PRESERVATION OF THE NAVIGABLE 

AIRSPACE 

■ 1. The authority citation for part 77 is 

revised to read as follows: 

Authority: 49 U.S.C. 106(f), 40103, 40113– 

40114, 44502, 44701, 44718, 46101–46102, 

46104; Sec. 2110 of Pub. L. 114–190, 130 

Stat. 623 (49 U.S.C. 44718 note); Sec. 576 of 

Pub. L. 115–254, 132 Stat. 3391 (49 U.S.C. 

44718 note); Sec. 355 of Pub. L 118–63. 

■ 2. Revise § 77.1 to read as follows: 

§ 77.1 Purpose. 

This part establishes: 

(a) The requirements to provide notice 

to the FAA of the proposed 

construction, alteration, or existence of 

certain structures; 

(b) The standards used to determine 

obstructions to air navigation and 

navigational and communication 

facilities or equipment; 

(c) The process for aeronautical 

studies of obstructions to air navigation 

or navigational facilities to determine 

the effect on the safe and efficient use 

of navigable airspace, air navigation 

facilities, or equipment; 

(d) The process to petition the FAA 

for discretionary review of 

determinations, revisions, and 

extensions of determinations; and 

(e) The requirement to comply with 

the conditions and limitations 

contained in a Determination of No 

Hazard to Air Navigation, including the 

requirement to mark newly constructed 

or altered meteorological towers with 

the highest point of the structure at least 

50 feet AGL up to and including 200 

feet AGL at its site. 

■ 3. Amend § 77.3 by adding definitions 

for ‘‘airborne wind energy system 

(AWES),’’ ‘‘meteorological tower,’’ 

‘‘sponsor,’’ and ‘‘wind energy system’’ 

in alphabetical order to read as follows: 

§ 77.3 Definitions. 

* * * * * 

Airborne wind energy system (AWES) 

means a structure, which consists of a 

self-supported airborne system tethered 

to a ground station, with an airborne or 

ground-mounted drivetrain used to 

convert kinetic energy in the wind to 

mechanical power for the purpose of 

generating electricity. 

Meteorological tower means a skeletal 

or pole-type structure, either 

freestanding or anchored with guy 

wires, configured with components to 

measure wind speed and wind direction 

at different heights above ground level 

to assess local wind energy resources. 

* * * * * 

Sponsor means the owner of a 

structure for which notice is required 

under this part. 

* * * * * 

Wind energy system means a structure 

that converts kinetic energy in the wind 

to electrical energy. A wind energy 

system may consist of a single structure 

or a group of structures. 

■ 4. Revise the heading of subpart B to 

read as follows: 

Subpart B—Notice and Determination 

Requirements 

■ 5. Revise § 77.5 to read as follows: 

§ 77.5 Applicability. 

(a) A sponsor of a meteorological 

tower in existence before the effective 

date of a final rule must provide notice 

consistent with § 77.7(d). 

(b) A sponsor proposing any 

construction or alteration described in 

§ 77.9 must provide adequate notice to 

the FAA of that construction or 

alteration. 

(c) If requested by the FAA, a sponsor 

must file supplemental notice before the 

start date and upon completion of 

certain construction or alterations 

described in § 77.9. 

(d) A sponsor proposing any 

construction or alteration of a 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site must provide adequate notice 

to the FAA of that construction or 

alteration pursuant to § 77.7(b). 

(e) Notice received by the FAA under 

this subpart is used to: 

(1) Evaluate the effect of the proposed 

construction or alteration on safety in 

air commerce and the efficient use and 

preservation of the navigable airspace 

and of airport traffic capacity at public 

use airports; 

(2) Determine whether the effect of 

proposed construction or alteration is a 

hazard to air navigation; 

(3) Determine appropriate marking 

and lighting requirements using FAA 

Advisory Circular 70/7460–1, 

Obstruction Marking and Lighting. 

(4) Determine other appropriate 

measures required for continued safety 

of air navigation; 

(5) Notify the aviation community of 

the construction or alteration of objects 

that affect the navigable airspace, 

including the revision of charts, when 

necessary; 

(6) Evaluate the effect of a 

meteorological tower in existence before 

the effective date of a final rule on safety 

in air commerce and the efficient use 

and preservation of the navigable 

airspace and of airport traffic capacity at 

public use airports; and 

(7) Determine whether the effect of a 

meteorological tower in existence before 

the effective date of a final rule is a 

hazard to air navigation. 

■ 6. Revise § 77.7 to read as follows: 

§ 77.7 Form and time of notice. 

(a) Forms. The sponsor must 

electronically complete and submit FAA 

Form 7460–1, Notice of Proposed 

Construction or Alteration, or FAA 

Form 7460–2, Notice of Actual 

Construction or Alteration, via the 

internet at https://oeaaa.faa.gov. 

(b) 45-day notice. Except as provided 

in paragraphs (c), (d), or (e) of this 

section, a sponsor required to provide 

notice under § 77.9 must submit FAA 

Form 7460–1 at least 45 days before the 

start date of the proposed construction 

or alteration, or the date an application 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 90645 

for a construction permit is filed, 

whichever is earlier. 

(1) If a sponsor proposes construction 

or alteration that is also subject to the 

licensing requirements of the Federal 

Communications Commission (FCC), 

the sponsor must submit notice to the 

FAA on or before the date that the 

application is filed with the FCC. 

(2) If a sponsor proposes construction 

or alteration to an existing structure that 

exceeds 2,000 feet in height AGL, the 

FAA presumes it to be a hazard to air 

navigation that results in an inefficient 

use of airspace. The sponsor must 

include details explaining both why the 

proposal would not constitute a hazard 

to air navigation and why it would not 

cause an inefficient use of airspace. 

(c) Wind energy system notice. A 

sponsor must submit FAA Form 7460– 

1 for any proposed construction or 

alteration of a permanent wind energy 

system and associated meteorological 

tower at least 90 days before the start 

date of the proposed construction or 

alteration, or the date an application for 

a construction permit is filed, 

whichever is earlier. A meteorological 

tower is associated with a wind energy 

system when it is included in a wind 

energy systems project and is intended 

to be permanent. A meteorological 

tower is permanent when it is intended 

to remain in place for the duration of its 

lifecycle. 

(d) Existing meteorological tower 

notice. A sponsor of a meteorological 

tower that exists prior to the effective 

date of a final rule with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site must submit FAA Form 7460– 

1 within 90 days of the effective date of 

a final rule. 

(e) Waiver. The applicable notice 

requirement is waived if immediate 

construction or alteration is required 

because of an emergency involving 

essential public services, public health, 

or public safety. The sponsor may 

provide notice to the FAA by any 

available, expeditious means. The 

sponsor must file a completed FAA 

Form 7460–1 within 5 days of the initial 

notice to the FAA. 

■ 7. Revise § 77.9 to read as follows: 

§ 77.9 Notice requirement. 

(a) If requested by the FAA, or if the 

sponsor proposes any of the following 

types of construction or alteration, a 

sponsor must file notice with the FAA 

of: 

(1) Any construction or alteration of a 

structure that is more than 200 feet AGL 

at its site. 

(2) Any construction or alteration of a 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site. 

(3) Any construction or alteration that 

exceeds an imaginary surface extending 

outward and upward at any of the 

following slopes: 

(i) 100 to 1 for a horizontal distance 

of 20,000 feet from the nearest point of 

the nearest runway of each airport 

described in paragraph (d) of this 

section with its longest runway more 

than 3,200 feet in actual length, 

excluding heliports. 

(ii) 50 to 1 for a horizontal distance 

of 10,000 feet from the nearest point of 

the nearest runway of each airport 

described in paragraph (d) of this 

section with its longest runway no more 

than 3,200 feet in actual length, 

excluding heliports. 

(iii) 25 to 1 for a horizontal distance 

of 5,000 feet from the nearest point of 

the nearest landing and takeoff area of 

each heliport described in paragraph (d) 

of this section. 

(4) Any highway, railroad, or other 

traverse way for mobile objects of a 

height which, if adjusted upward 17 feet 

for an Interstate Highway that is part of 

the National System of Military and 

Interstate Highways where 

overcrossings are designed for a 

minimum of 17 feet vertical distance, 15 

feet for any other public roadway, 10 

feet or the height of the highest mobile 

object that would normally traverse the 

road, whichever is greater, for a private 

road, 23 feet for a railroad, and for a 

waterway or any other traverse way not 

previously mentioned, an amount equal 

to the height of the highest mobile 

object that would normally traverse it, 

would exceed a standard of paragraphs 

(a)(1) through (3) of this section. 

(5) Any construction or alteration on 

any of the following airports and 

heliports: 

(i) A public use airport listed in the 

Chart Supplement U.S., Chart 

Supplement Alaska, or Chart 

Supplement Pacific of the U.S. 

Government Flight Information 

Publications; 

(ii) A military airport under 

construction, or an airport under 

construction that will be available for 

public use; 

(iii) An airport operated by a Federal 

agency or the DOD; or 

(iv) An airport or heliport with at least 

one FAA-approved instrument approach 

procedure. 

(b) If a sponsor has an existing 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site prior to the effective date of 

a final rule, the sponsor must file notice 

consistent with § 77.7(d). 

(c) No notice is required of the 

construction or alteration of: 

(1) Any object that will be shielded by 

existing structures of a permanent and 

substantial nature or by natural terrain 

or topographic features of equal or 

greater height, and will be located in the 

congested area of a city, town, or 

settlement where the shielded structure 

will not adversely affect safety in air 

navigation; 

(2) Any air navigation facility, airport 

visual approach or landing aid, aircraft 

arresting device, or meteorological 

device meeting FAA-approved siting 

criteria or an appropriate military 

service siting criteria on military 

airports, the location and height of 

which are fixed by its functional 

purpose; 

(3) Any construction or alteration for 

which notice is required by any other 

FAA regulation. 

(4) Any antenna structure of 20 feet or 

less in height, except one that would 

increase the height of another antenna 

structure. 

§ 77.11 [Redesignated as § 77.10] 

■ 8. Redesignate § 77.11 as § 77.10. 

■ 9. Revise newly redesignated § 77.10 

to read as follows: 

§ 77.10 Supplemental notice requirements. 

(a) A sponsor must file supplemental 

notice when requested by the FAA: 

(1) Before the start of construction or 

alteration; 

(2) After completing actual 

construction or alteration; 

(3) If the proposed construction or 

alteration is abandoned within five days 

after the project is abandoned; 

(4) If the construction or alteration is 

dismantled or destroyed, the sponsor 

must submit notice to the FAA within 

five days after the construction or 

alteration is dismantled or destroyed; or 

(5) If otherwise requested by the FAA. 

(b) The sponsor must submit the 

supplemental information using FAA 

Form 7460–2, Notice of Actual 

Construction or Alteration, to be 

received within the time limits specified 

in the FAA determination. If no time 

limit has been specified, the sponsor 

must submit the supplemental notice of 

construction to the FAA within five 

days after the structure reaches its 

greatest height. 

■ 10. Add new § 77.11 to read as 

follows: 

§ 77.11 Additional information. 

If the FAA requests additional 

information during any part of the 

aeronautical study process, pre- or postVerDate Sep<11>2014 16:59 Nov 15, 2024 Jkt 265001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\18NOP1.SGM 18NOP1

lotter on DSK11XQN23PROD with PROPOSALS1
90646 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Proposed Rules 

any determination, the sponsor must 

provide that information within 30 

days. 

■ 11. Add § 77.12 to read as follows: 

§ 77.12 Conditions and limitations 

requirements. 

Except for structures that have 

received an FAA Determination of No 

Hazard to Air Navigation prior to the 

effective date of a final rule or any 

meteorological tower with the highest 

point of the structure at least 50 feet 

AGL up to and including 200 feet AGL 

at its site for which construction is 

complete prior to the effective date of a 

final rule, a sponsor must comply with 

the conditions and limitations 

contained in its Determination of No 

Hazard to Air Navigation. 

■ 12. Amend § 77.15 by revising 

paragraph (e)(1) to read as follows: 

§ 77.15 Scope. 

* * * * * 

(e) * * * 

(1) Available for public use and is 

listed in the Chart Supplement U.S., 

Chart Supplement Alaska, or Chart 

Supplement Pacific of the U.S. 

Government Flight Information 

Publications; or 

* * * * * 

■ 13. Revise § 77.27 to read as follows: 

§ 77.27 Initiation of studies. 

The FAA will conduct an aeronautical 

study when: 

(a) Notice is required under § 77.9 and 

has been received; or 

(b) The FAA determines a study is 

necessary. All other Notices filed by the 

public outside of these parameters will 

be screened within the automated OE/ 

AAA system and, if appropriate, 

provided an electronic letter response 

that indicates that no notice is required 

for the said proposal or alteration, and 

thus the FAA has no objections to the 

proposal at this time. 

■ 14. Amend § 77.29 by revising 

paragraph (b) to read as follows: 

§ 77.29 Evaluating aeronautical effect. 

* * * * * 

(b) If a sponsor withdraws the 

proposed construction or alteration or 

revises it so that it is no longer 

identified as an obstruction, or if no 

further aeronautical study is necessary, 

the FAA may terminate the study. 

■ 15. Amend § 77.31 by revising 

paragraph (d)(4) to read as follows: 

§ 77.31 Determinations. 

* * * * * 

(d) * * * 

(4) Marking and lighting 

requirements, as appropriate. 

* * * * * 

■ 16. Add § 77.32 to read as follows: 

§ 77.32 Marking and lighting requirements. 

A sponsor may request a modification 

or deviation from the marking and 

lighting requirements in a determination 

by submitting FAA Form 7460–1, Notice 

of Proposed Construction or Alteration. 

■ 17. Revise § 77.33 to read as follows: 

§ 77.33 Effective period of determinations. 

(a) The effective date of a 

determination not subject to 

discretionary review under § 77.37(b) is 

the date of issuance. The effective date 

of all other determinations for a 

proposed or existing structure is 40 days 

from the date of issuance, provided a 

valid petition for review has not been 

received by the FAA. If a valid petition 

for review is filed, the determination 

will not become final pending 

disposition of the petition. 

(b) Except as provided in paragraphs 

(c) and (d) of this section, unless 

extended, revised, or terminated, each 

Determination of No Hazard to Air 

Navigation issued under this subpart 

expires 18 months after the effective 

date of the determination, or on the date 

the proposed construction or alteration 

is abandoned, whichever is earlier. 

(c) Unless extended, revised, or 

terminated, each Determination of No 

Hazard to Air Navigation issued under 

this subpart regarding a proposed 

permanent wind energy system, 

including an airborne wind energy 

system and associated meteorological 

towers, expires 36 months after the 

effective date of the determination or on 

the date the proposed construction or 

alteration is abandoned, whichever is 

earlier. A meteorological tower is 

associated with a wind energy system 

when it is included in a wind energy 

systems project and is intended to be 

permanent. A meteorological tower is 

permanent when it is intended to 

remain in place for the duration of its 

lifecycle. 

(d) A Determination of Hazard to Air 

Navigation has no expiration date. 

■ 18. Amend § 77.35 by revising the 

introductory text of paragraph (a), and 

paragraphs (c)(1) through (3) to read as 

follows: 

§ 77.35 Extensions, terminations, 

revisions, and corrections. 

(a) A sponsor may petition the FAA 

to revise or reconsider the 

determination based on new facts or to 

extend the effective period of the 

determination, provided that: 

* * * * * 

(c) * * * 

(1) The sponsor submits evidence that 

an application for a construction 

permit/license was filed with the FCC 

for the associated site within six months 

of issuance of the determination; and 

(2) The sponsor submits evidence that 

additional time is warranted because of 

FCC requirements; and 

(3) Where the FCC issues a 

construction permit, a final 

Determination of No Hazard to Air 

Navigation is effective until the date 

prescribed by the FCC for completion of 

the construction. If a sponsor needs to 

extend the original FCC completion 

date, they must also request an 

extension of the FAA determination. 

* * * * * 

■ 19. Revise § 77.37 to read as follows: 

§ 77.37 General. 

(a) A petition for a discretionary 

review of a determination, revision, or 

extension of a determination issued by 

the FAA may be made by: 

(1) The sponsor; 

(2) Any person that provided a 

substantive aeronautical comment on a 

proposal in an aeronautical study; 

(3) Any person that provided a 

substantive aeronautical comment on 

the proposal but was not given an 

opportunity to state it. 

(b) A petition for discretionary review 

for a Determination of No Hazard that is 

issued for a temporary structure, 

marking and lighting requirements, or 

when a proposed structure or alteration 

does not exceed obstruction standards 

contained in subpart C of this part may 

not be filed by any person. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a)(5) and 44718 in 

Washington, DC. 

Alyce Hood-Fleming, 

Vice President, Mission Support Services, Air 

Traffic Organization. 

[FR Doc. 2024–26741 Filed 11–15–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

[DOL Docket No. ETA–2024–0001] 

RIN 1205–AC15 

Employer-Provided Survey Wage 

Methodology for the Temporary NonAgricultural Employment H–2B 

Program 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Labor 

(Department or DOL) proposes to amend 


lotter on DSK11XQN23PROD with PROPOSALS1