[TowerTalk] Fwd: New FAA regulations affecting towers

[Hans Hammarquist]

Well, the regulation says:



SEC. 2110. TOWER MARKING.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
shall issue regulations to require the marking of covered towers.
    (b) Marking Required.--The regulations under subsection (a) shall 
require that a covered tower be clearly marked in a manner that is 
consistent with applicable guidance under the Federal Aviation 
Administration Advisory Circular issued December 4, 2015 (AC 70/7460-
1L), or other relevant safety guidance, as determined by the 
Administrator.
    (c) Application.--The regulations issued under subsection (a) shall 
ensure that--
        (1) all covered towers constructed on or after the date on 
    which such regulations take effect are marked in accordance with 
    subsection (b); and
        (2) a covered tower constructed before the date on which such 
    regulations take effect is marked in accordance with subsection (b) 
    not later than 1 year after such effective date.
    (d) Definitions.--
        (1) In general.--In this section, the following definitions 
    apply:
            (A) Covered tower.--
                (i) In general.--The term ``covered tower'' means a 
            structure that--

                    (I) is self-standing or supported by guy wires and 
                ground anchors;
                    (II) is 10 feet or less in diameter at the above-
                ground base, excluding concrete footing;
                    (III) at the highest point of the structure is at 
                least 50 feet above ground level;
                    (IV) at the highest point of the structure is not 
                more than 200 feet above ground level;
                    (V) has accessory facilities on which an antenna, 
                sensor, camera, meteorological instrument, or other 
                equipment is mounted; and
                    (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.
                (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.
    (e) Database.--The Administrator shall--
        (1) develop a database that contains the location and height of 
    each covered tower;
        (2) keep the database current to the extent practicable;
        (3) ensure that any proprietary information in the database is 
    protected from disclosure in accordance with law; and
        (4) ensure that, by virtue of accessing the database, users 
    agree and acknowledge that information in the database--
            (A) may only be used for aviation safety purposes; and
            (B) 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.

Reading it you find that towers that are:



(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;


I think most of us are safe. Just wonder how far from the house it can be and still is considered "adjacent".



-----Original Message-----
From: Mitch <mskobier at charter.net>
To: towertalk <towertalk at contesting.com>
Sent: Sat, Jul 16, 2016 2:45 pm
Subject: [TowerTalk] New FAA regulations affecting towers

All, 

                I haven't seen anything on the reflector yet in regards to
the newly signed into law aviation bill HR-636.  H.R.636 - Federal Aviation
Administration Reauthorization Act of 2016, which was signed into law by the
President on July 15 2016 has some new language that affects towers over
50ft and less than 200ft in height. Looks like some of us (possibly many)
may have to come into compliance with the new regulations (when they are
developed) in regards to marking our towers. I'm in the process of erecting
my 75ft crankup, and the new law may well have a negative impact on me. At
this point, I think I am exempt, but not sure. Anyway, I have included a
link to the bill for you to read for yourself. Just for a work search on the
document for the word "tower" to take you to the pertinent section.

 

https://www.congress.gov/bill/114th-congress/house-bill/636/text?format=txt

 

 

Mitch KJ7JA

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