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Re: [TowerTalk] New FAA regulations affecting towers

To: towertalk@contesting.com
Subject: Re: [TowerTalk] New FAA regulations affecting towers
From: "Roger (K8RI) on TT" <K8RI-on-TowerTalk@tm.net>
Date: Sat, 16 Jul 2016 18:55:08 -0400
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
There are many populated areas where aircraft flu just above the tops of the trees. I never managed to be up on thee tower when they were spraying/dusting for mosquitoes, Gypsie Moths, and other critters, but, I've seen them alter course to go "around" my antennas that topped out at 130 feet. The top of the tower, without antennas is 100 feet and they are often below that.

Both my 100' 45G with or without antennas and the LM470 crank-up are adjacent to structures (House and shop). Towers several jundred feet out? If they are in your yard

The key word is "curtilage"
"noun, Law.

1.
the area of land occupied by a dwelling and its yard and outbuildings, actually enclosed or considered as enclosed."
BUT  note the word, "farmstead"

There is also a "blank check" clause Section B, subsection 2 (other definitions)

Much of this area is wooded with few trees topping 80 feet. When on top of the 100' 45G, I never noticed a tree within sight that was near that height. We are near the edge of a wooded area with no homes in it (one home to the N of us with a vacant, wooded lot in between.) OTOH That wooded area is less than 0.5 sq miles.

"The way "I read this" towers more than a few hundred feet from the buildings would not be exempt. What distance they would use? Probably what ever suits their purposes. Certainly an antenna farm, not right in your yard would not be considered exempt.

This certainly is an over reaction to the outcry cause by a crop duster hitting a meteorological tower under 200 feet in an open field. Towers of almost any kind other than the really large, self supporting towers, regardless of the paint scheme are almost impossible to see. Something student pilots learn when they use towers as visual waypoints for VFR flight planning.

When flying low with a bright sky behind the tower, let alone the sun in that direction makes them invisible.

It's "my belief" this was an intentional, catch all to eliminate the under 200' elimination for all tower including hams. Taller towers are likely to be far enough from buildings to not be excluded. Just to the S of us is flat land farming country with little of it falling under the definitions of pasture or range land, but a great deal of it uses aerial spraying/dusting. The land elevation for entire counties may vary less than 20 feet, or so. (The Saginaw Valley area) of lower MI.

EXCLUSIONS:

"(ii) Exclusions.--The term ``covered tower'' does not

            include any structure that--

                    (I) is adjacent to a house, barn, electric utility
                station, or other building;
                  ___/*(II) is within the curtilage of a farmstead;*/_
                    (III) supports electric utility transmission or
                distribution lines;
                    (IV) is a wind-powered electrical generator with a
                rotor blade radius that exceeds 6 feet; or
                    (V) is a street light erected or maintained by a
                Federal, State, local, or tribal entity.

            (B) Undeveloped.--The term ``undeveloped'' means a defined
        geographic area where the Administrator determines low-flying
        aircraft are operated on a routine basis, such as low-lying
        forested areas with predominant tree cover under 200 feet and
        pasture and range land.
///__//_*(2) Other definitions.--The Administrator shall define such other terms as may be necessary to carry out this section.*_/*"*

__ Make of it what you will.

73

Roger (K8RI)



On 7/16/2016 Saturday 3:04 PM, Al Kozakiewicz wrote:
Based on the definition below, the purpose appears to be deaingl with 
structures that are in otherwise unoccupied areas where aircraft might legally 
operate below 500 feet outside the immediate vicinity of an airport.

Crop dusting comes immediately to mind. Perhaps medevac helicopters as well.

Al
AB2ZY

(VI) is located--

                         (aa) outside the boundaries of an incorporated
                     city or town; or
                         (bb) on land that is--
                             (AA) undeveloped; or
                             (BB) used for agricultural purposes.

-----Original Message-----
From: TowerTalk [mailto:towertalk-bounces@contesting.com] On Behalf Of Richard 
Solomon
Sent: Saturday, July 16, 2016 2:49 PM
To: towertalk
Subject: Re: [TowerTalk] New FAA regulations affecting towers

There is an "exclusion" ... any
"covered" tower "adjacent" to a
house is excluded.

Couldn't find a definition for
"adjacent" in the Bill.

73, Dick, W1KSZ

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--

73

Roger (K8RI)


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