[TowerTalk] New FAA regulations affecting towers

[Roger (K8RI) on TT]

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 at 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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>
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-- 

73

Roger (K8RI)


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