Rick/All:

Some additional background:

This issue has been around since at least 2010 (and earlier in many states). Meteorological Evaluation Towers (METs) are deployed by energy companies to determine the suitability of an area for a wind turbine. These hastily erected towers are typically less than 200’ and so fall outside of the FAA notification requirements. There were several fatal accidents to agricultural aircraft (crop dusters) that prompted states to start enacting their own legislation requiring the marking of these towers even though Title 49 U.S.C., section 40103(a)(1), provides that the “United States Government has exclusive sovereignty of airspace of the United States”. Many states incorrectly interpreted FAA regulations to believe that the FAA did not regulate towers below 200’ and sought to remedy the situation themselves. Several (including Colorado in 2014) passed laws requiring the marking of METs. Colorado’s language includes the following language (which closely resembles other states’):

(2) Where the appearance of a tower is not otherwise governed by state or federal law, rule, or regulation, any tower over fifty feet in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes must be marked and painted or otherwise constructed to be visible in clear air during daylight hours from a distance of not less than two thousand feet. Towers must also comply with the following additional requirements:

(a) A tower must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower

Of note here is the first sentence. Since ALL airspace and the towers therein are subject to Federal regulation, it could be argued that this Colorado legislation is preempted by US law.

In 2011, the FAA issued a notice (2011-15746) with recommended guidance for the voluntary marking of METs erected in remote and rural areas that are less than 200’ AGL. This would lend weight to the argument that is within the purview of the federal, and not the state government. It appears that the present legislation seeks to strengthen the 2011 notice.

It is certainly not the intent of the federal or state regulations to require marking of Amateur Radio towers, or any tower other than those used “for agricultural purposes” in rural / remote places. I think it is safe to say there is not a huge issue before us. If the worst impact is registering a tower that may fall into the narrow definition of the FAA regulation, that should not be a problem for us.

As both a pilot and an Amateur Radio operator, I clearly see both sides of the this issue.

73,

Jeff, K0RM

From: arrl-odv [mailto:arrl-odv-bounces@reflector.arrl.org] On Behalf Of Roderick, Rick, K5UR via arrl-odv
Sent: Tuesday, July 9, 2019 10:44 AM
To: N5AUS@n5aus.com; arrl-odv@reflector.arrl.org
Subject: [arrl-odv:28290] Re: FAA & Tower Markings

Howard, we need a game plan on this pronto. When our members hear about this they will go nuts.

How did we miss this?

Fred, I only glanced at your email as I'm buried this morning, but I take it your interpretation is that it is not that big of a problem. Nonetheless, we need to communicate quickly to our members.

Rick - K5UR

-----Original Message-----
From: John Robert Stratton <N5AUS@n5aus.com>
To: arrl-odv <arrl-odv@reflector.arrl.org>
Sent: Tue, Jul 9, 2019 10:00 am
Subject: [arrl-odv:28284] FAA & Tower Markings

Heads UP

See: https://generalaviationnews.com/2019/07/08/new-faa-regulations-require-towers-under-200-to-be-marked/

Note that communications towers have the option of being "logged" into the FAA database.

We need to confirm the FAA's requirements and provide our members with instructions on the need and method of compliance.

_______________________________________

John Robert Stratton

N5AUS

Director

West Gulf Division

Office: 512-445-6262

Cell: 512-426-2028

P.O. Box 2232

Austin, Texas 78768-2232

_______________________________________

_______________________________________________
arrl-odv mailing list
arrl-odv@reflector.arrl.org
https://reflector.arrl.org/mailman/listinfo/arrl-odv