Federal Register - May 11, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Rules and Regulations
airports. This policy replaces the Interim Policy published on October 23, 2013.
DATES: The effective date of this policy is May 11, 2021.
ADDRESSES: You can obtain an electronic copy of this Policy and all other documents in this docket using the internet by:
1 Searching the Federal eRulemaking portal http
www.faa.gov/regulations/search;
2 Visiting FAAs Regulations and Policies web page at http
www.faa.gov/regulations_policies; or 3 Accessing the Government Printing Offices web page at http
www.gpoaccess.gov.
You can also obtain a copy by sending a request to FAA, Airport Planning and Environmental Division, 800
Independence Ave. SW, Washington, DC 20591, or by calling 202 2673263.
Make sure to identify the docket number, document number or amendment number of this proceeding.
FOR FURTHER POLICY INFORMATION
CONTACT: Mike Hines, Manager, Airport
khammond on DSKJM1Z7X2PROD with RULES
Planning and Environmental Division, APP400, Federal Aviation Administration, 800 Independence Ave.
SW, Washington, DC 20591, telephone 202 2678772; email: Michael.Hines@
faa.gov.
SUPPLEMENTARY INFORMATION: Authority for the Policy: This policy is published under the authority described in Title 49 of the United States Code, subtitle VII, part B, Chapter 471, Section 47122a.
Background In October 2013, FAA issued an interim policy for proposals by sponsors of federally-obligated airports to construct solar energy systems on airport property. 78 FR 63276, October 23, 2013.
There is continued interest in installing solar photovoltaic PV and solar hot water SHW systems on airports. While solar PV or SHW
systems henceforth referred to as solar energy systems are designed to absorb solar energy to maximize electrical energy production or the heating of water, in certain situations the glass surfaces of the solar energy systems can reflect sunlight and produce glint a momentary flash of bright light and glare a continuous source of bright light. FAA has learned that glint and glare from solar energy systems could result in an ocular impact to airport traffic control tower ATCT personnel working in the tower cab, and compromise the safety of the air transportation system. FAA is issuing
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this policy pursuant to its authority under title 14 of the Code of Federal Regulations CFR, part 77, with the intent to ensure the safety of the development of solar energy systems on airport property by eliminating the potential for ocular impact to the ATCT
cab from these systems. FAA
established a cross-organizational working group in 2012 to establish a standard for measuring glint and glare, and clear thresholds for when glint and glare would impact aviation safety. This resulted in FAAs 2013 Interim Policy on Review of Solar Energy Systems at Federally-Obligated Airports, referenced above.
The Interim Policy required federallyobligated airports to conduct an ocular analysis of potential glint and glare effects to pilots on final approach and ATCT cabs before construction begins.
The policy also included a standard for measuring ocular impact and a recommended tool for measuring ocular impact.
FAA received 20 comments on the Interim Policy. The majority of comments were from persons who are involved with the solar energy industry.
FAA also received comments from the Airport Consultants Council ACC on behalf of its membership. The comments were largely focused on requirements in the interim policy that FAA is not carrying forward to this updated policy.
Developments Since Interim Policy The Interim Policy stated that FAA
expects to continue to update these policies and procedures as part of an iterative process as new information and technologies become available. This is in keeping with FAAs obligation under 49 U.S.C. 47122a to continually incorporate new information on safety considerations, and update policies and procedures as appropriate. In keeping with these statements, FAA reviewed the comments received on the Interim Policy and continued to collect additional information on ocular impacts of proposed solar energy systems.
Initially, FAA believed that solar energy systems could introduce a novel glint and glare effect to pilots on final approach. FAA has subsequently concluded that in most cases, the glint and glare from solar energy systems to pilots on final approach is similar to glint and glare pilots routinely experience from water bodies, glassfacade buildings, parking lots, and similar features. However, FAA has continued to receive reports of potential glint and glare from on-airport solar energy systems on personnel working in
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ATCT cabs. Therefore, FAA has determined the scope of agency policy should be focused on the impact of onairport solar energy systems to federallyobligated towered airports, specifically the airports ATCT cab.
The policy in this document updates and replaces the previous policy by encouraging airport sponsors to conduct an ocular analysis of potential impacts to ATCT cabs prior to submittal of a Notice of Proposed Construction or Alteration Form 74601 hereinafter Form 74601. Airport sponsors are no longer required to submit the results of an ocular analysis to FAA. Instead, to demonstrate compliance with 14 CFR
77.5c, FAA will rely on the submittal of Form 74601 in which the sponsor confirms that it has analyzed the potential for glint and glare and determined there is no potential for ocular impact to the airports ATCT cab.
This process will enable FAA to evaluate the solar energy system project, with assurance that the system will not impact the ATCT cab.
FAA is also withdrawing the recommended tool for ocular impact, the Solar Glare Hazard Analysis Tool SGHAT. The Interim Policy mandated the use of SGHAT, developed independently by Sandia National Laboratories. The tool is no longer available to all users at no cost. There are several glint/glare analysis tools available to airport sponsors on the open market, but FAA is not requiring or endorsing a specific tool for assessing ocular impact. In addition, FAA
acknowledges that in some cases a tool may not be required to support a sponsors statement that a proposed solar energy system will not impact an ATCT cab. The primary example is a proposed on-airport solar energy system that is not visible from an ATCT cab because it is blocked by another structure.
This policy does not apply to:
1. Solar energy systems on airports that do not have an ATCT, 2. Airports that are not federallyobligated, or 3. Solar energy systems not located on airport property.
Though this policy does not apply to proponents of solar energy systems located off airport property, they are encouraged to consider ocular impact for proposed systems in proximity to airports with ATCTs. In these cases, solar energy system proponents should coordinate with the local airport sponsor.
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