Grassroots Alert: Comment Now on FAA Guidance for Marking MET Towers

CALL FOR ACTION: FAA Needs to Hear From You – Act by Feb. 4, 2011!
Your Comments Needed on Proposed Revisions to FAA's MET Tower Marking

NAAA is pleased to announce the FAA has responded to industry demands and released a proposed revision to a tower marking Advisory Circular which includes guidance on the marking of Meteorological Evaluation Towers (METs). The Agency is soliciting public comments that must be received on or before Feb. 4, 2011.

The FAA is considering revising AC No. 70/7460-1, Obstruction Marking and Lighting, to include guidance for the voluntary marking of METs that are less than 200 feet AGL. Click here to go directly to the AC. The FAA recommends the towers “be painted in … alternate bands of aviation orange and white paint for skeletal framework of … towers that have cables attached.” The FAA also recommends “spherical and/or flag markers be used” and “is also considering recommending high visibility sleeves on the outer guy wires of these METs.” The link to the Federal Register with details about the proposal may be found at: http://edocket.access.gpo.gov/2011/2010-33310.htm. 

NAAA has submitted comments to the FAA supporting the marking of MET and other towers that are 50 feet or higher with an aviation orange and white striped painting scheme from the top to the bottom of the tower and strobe lighting; that these towers equipped with guy wires include high-visibility fluorescent cable balls and sleeves on the outer guy wires from the anchor to well above the crop canopy; and that the towers’ markings are consistently maintained to ensure visibility.   NAAA urges the promulgation of this proposal.  NAAA is also actively urging national general aviation organizations—from emergency medical service providers to AOPA—to submit comments on this issue supporting the NAAA’s and industry’s position.  Detailed NAAA comments on the proposed Advisory Circular revision can be accessed by clicking the link here or accessing it at the top of the page.

NAAA is requesting that aerial applicators and other stakeholders submit their suggestions for this initiative to the Agency and encourage as many other affected parties to do so as well. Examples of what to communicate to the FAA in your comments can be found by reviewing Past President Brian Rau’s draft comments by clicking here or by visiting the link at the top of the page.  In addition, pointers for drafting your own comments can also be found here or at the top of the page.  Again, detailed NAAA Comments on the proposed Advisory Circular revision can be accessed by clicking the link here or accessing it at the top of the page.
 

Submitting Your Comments
You may directly submit your comments by accessing: http://www.regulations.gov/#%21searchResults;dct=N+PR+FR+O;cp=O;rpp=10;so=DESC;sb=postedDate;po=0;s=2010-1326. Once redirected, under the results, simply click on “Marking Meteorological Evaluation Towers” and then click on “Submit a Comment” at the top of the next new page and follow the instructions.   

 Comments may also be submitted by mail to:

Docket Operations, M-30
U.S. Department of Transportation
1200 New Jersey Avenue, SE,
West Building Ground Floor, Room W12-140, 
Washington, DC 20590-0001

Comments must be received by the FAA by Feb. 4, 2011. If you have any questions, please do not hesitate to call NAAA at (202) 546-5722.

Background
The Federal Register notice announcing the proposed revision to the Advisory Circular states, “The FAA anticipates that a uniform and consistent scheme for voluntarily marking these METs would enhance safety by making these towers more readily identifiable for agricultural operations.” Furthermore, the FAA acknowledges METs “under certain conditions may be difficult to see by low-level agricultural flights operating under visual flight rules. The color, portability of these towers, their placement in rural and remote areas, and their ability to be erected quickly are factors that pilots should be aware of when conduction operations in these areas.” The notice also states, “The FAA has received complaints and inquiries from agricultural operations in remote or rural areas regarding the safety impacts of these towers on low-level agricultural operations. In addition, representatives from the National Agricultural Aviation Association (NAAA) met with the FAA on Nov.16, 2010 to discuss safety specific concerns of the aerial application industry. The NAAA suggested safety guidelines and marking and lighting criteria in order to reduce the risks for aerial applications. A copy of the material provided by NAAA has been placed in the docket.” 

When NAAA met with the FAA last November to urge the Agency to move forward on marking requirements for MET towers, it was told by the Agency that an Advisory Circular recommending marking specifications for towers under 200 feet would have nearly similar weighting in regards to legal liability as a change to FAR Part 77—the regulations pertaining to marking towers over 200 feet. With respect to current federal policy pertaining to the marking of towers, proponents of towers must file notice with the FAA if they propose construction or alteration that falls under 14 CFR 77.13. Paragraph (a)(1) of that section requires notice to be filed for any construction/alteration of more than 200 feet AGL at its site. Once notice is filed with the FAA, the agency reviews the notice and subsequently issues a Determination of Hazard or a Determination of No Hazard. If the FAA determines during the study that marking and lighting is appropriate, the Determination of No Hazard may state that it is not a hazard subject to the structure being marked and lighted as specified in the Determination. The Determination of Hazard is, therefore, conditioned on that stipulation. It is not a requirement per se to mark and light, it is a condition to the Determination of No Hazard. A proponent may decide not to mark/light as specified in the Determination of No Hazard, but that means they have not met the conditions for which the determination is based. The majority of local zoning/permitting offices (and typically insurance companies) require a No Hazard Determination from the FAA to get the appropriate permits to build.

Your Input is Essential
Your voice is critical in ensuring that aerial applicators fly safely. NAAA wishes to acknowledge the great work the Nebraska Aviation Trades Association, the Minnesota Agricultural Aircraft Association, the Illinois Agricultural Aviation Association, the South Dakota Aviation Association and many other state and local agricultural aviation associations have done to vocalize this issue to their local FAA Regional Administrators. These efforts have influenced FAA Headquarters to this point. This is a strong example of the effectiveness of local grassroots lobbying on influencing national policy. 

Please submit your comments to the FAA following the instructions above no later than Feb. 4, 2011. Again, if you have any questions please call NAAA at (202) 546-5722.