Notification for Airborne Wind Energy Systems (AWES), 76333-76335 [2011-31430]
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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules
(i) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2011–0191, dated
September 30, 2011; DG Flugzeugbau GmbH
Technical Note No. 500/05, dated September
19, 2011; and DG Flugzeugbau GmbH
Working Instruction No. 1 for TN348/20,
Issue 3, dated September 13, 2011, for related
information. For service information related
to this AD, contact DG Flugzeugbau GmbH,
Otto-Lilienthal-Weg 2, 76646 Bruchsal,
Federal Republic of Germany; telephone: +49
(0) 7251 3020140; fax: +49 (0) 7251 3020149;
Internet: https://www.dg-flugzeugbau.de/techmitteilungen-e.html; email: dirks@dgflugzeugbau.de. You may review copies of
the referenced service information at the
FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
Issued in Kansas City, Missouri, on
December 1, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–31425 Filed 12–6–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No.: FAA–2011–1279; Notice No.
11–07]
Notification for Airborne Wind Energy
Systems (AWES)
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of policy and request for
information.
AGENCY:
The FAA seeks comments on
revising its policy regarding the
application of Title 14 of the Code of
Federal Regulations (14 CFR) part 77,
‘‘Safe, Efficient Use and Preservation of
the Navigable Airspace,’’ to airborne
wind energy systems (AWES). In
addition, this notice requests
information from airborne wind energy
system developers and the public
related to these systems so that the FAA
can comprehensively analyze the AWES
and their integration into the National
Airspace System (NAS).
DATES: Written comments must be
received on or before February 6, 2012.
ADDRESSES: Send comments identified
by docket number 2011–1279 using any
of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
emcdonald on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:21 Dec 06, 2011
Jkt 226001
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at (202) 493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov, including
any personal information the
commenter provides. Using the search
function of the docket web site, anyone
can find and read the electronic form of
all comments received into any FAA
dockets, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
questions concerning this action,
´
contact Mr. Rene Joseph (RJ) Balanga,
Mission Support Services, Airspace,
Regulations and ATC Procedures Group,
Air Traffic Organization, AJV–11,
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–8783, email rene.balanga@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority
Title 49 of the United States Code,
section 40103 vests the Administrator
with broad authority to regulate the safe
and efficient use of the navigable
airspace. The Administrator is
authorized to issue rules and regulations
to govern the flight, navigation,
protection, and identification of aircraft
for the protection of persons and
property on the ground, and for the
efficient use of the navigable airspace
(49 U.S.C. 40103(b)). The Administrator
also is authorized under § 44701(a)(5) to
promote safe flight of civil aircraft in air
commerce by prescribing regulations
and minimum standards for other
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
76333
practices, methods, and procedures
necessary for safety in air commerce and
national security.
Background
During the past decade, there has
been an increased focus on the use of
clean renewable energy resources,
including wind energy. The FAA has
been approached by various entities,
including manufacturers, scientists,
engineers, and advocacy groups
representing the wind energy
community, who are researching the use
of more sustained and consistent winds
at higher altitudes where conventional
ground-based wind turbines cannot
reach. As part of their research, the
energy community is examining various
concepts for system designs to harness
high altitude winds as a potential source
of energy.
Airborne Wind Energy Systems
(AWES) are described broadly as
mechanical devices that are moored to
the ground, via a tether or cabling
component, for the purpose of capturing
the fluid stream kinetic energy of winds.
The kinetic energy captured by the
device is then utilized in various
fashions to generate electricity. In one
option, the wind energy is immediately
converted into consumable power, at
the system component keeping the
system aloft, and then transferred to the
ground by a mechanical tether, cabling
conductor, or other method. In another
option, the combination of the wind, the
aloft device, and the mooring cables are
systematically utilized to drive an
electrical generator located on the
ground.
The basic overall components that
comprise various AWESs are fairly
similar in concept, however, the
technologies and the specific devices
that keep them aloft differ dramatically.
Such devices have leveraged on similar
engineering designs that apply to kites,
balloons, kytoons, aircraft wings,
aircraft, airfoils, as well as others.1
Although some of these AWES
components could be covered by 14
CFR part 101, Moored balloons, kites,
amateur rockets and unmanned free
balloons, some conceptual designs
include hybrid concepts or utilize new
innovative techniques that are not as
easily classifiable. For example, the
FAA identified some AWESs employing
‘‘balloon-like’’ design structures with
1 14 CFR 1.1 defines a balloon as a ‘‘lighter-thanair aircraft that is not engine driven, and that
sustains flight through the use of either gas
buoyancy or an airborne heater,’’ and defines a kite
as a ‘‘framework, covered with paper, cloth, metal,
or other material, intended to be flown at the end
of a rope or cable, and having as its only support
the force of the wind moving past its surfaces.’’
E:\FR\FM\07DEP1.SGM
07DEP1
76334
Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules
emcdonald on DSK5VPTVN1PROD with PROPOSALS
motorized rotors for vertical and/or
horizontal control, resembling a moored
airship which does not fall within the
category of 14 CFR part 101 devices.2
Additionally, the FAA also identified
some AWESs that employ a moored kite
or balloon with one or more wind
capturing devices (wings or blades)
attached along the mooring cable that
spin a separate cable and activate
ground-based power generators.
Consequently, the FAA has determined
that AWES are unique and would not
fall under 14 CFR part 101.
Furthermore, since AWES is a
relatively new technology that will be
used to support clean, renewable energy
initiatives, the FAA finds that part 101
does not currently contain the necessary
provisions to address these systems.
Whether designed with conventional
14 CFR part 101 type devices or nonconventional hybrid-type components,
each AWES possesses differing
attributes. These attributes include, but
are not limited to, its physical design,
how it operates, necessary airspace
utilized, radar cross-section, and
reflection coefficient. The FAA is
concerned with these differing attributes
and their unknown impacts to the NAS,
navigable airspace, and to the flying
public. Therefore, the FAA concludes
that each AWES deployment needs to be
studied on a case-by-case basis with
respect to the surrounding aviation
environment to ensure aviation safety.
Policy
Given the altitudes that these
structures can operate and their
operating characteristics, the FAA
concludes that they should be studied
and the potential impacts to the
navigable airspace must be identified
and addressed. Presently, the FAA has
an existing regulatory framework that
outlines standards for determining
obstructions to air navigation or
navigational aids or facilities (see 14
CFR part 77). 14 CFR part 77 is utilized
to evaluate the impact of wind turbines
and other forms of renewable energy on
the navigable airspace. Therefore, we
conclude that any new forms of wind
gathering devices would be included in
the Obstruction Evaluation Process,
which is administered under 14 CFR
part 77.
Accordingly, the FAA announces that
the provision of part 77 will apply to
temporary AWES proposals that will be
used for data collection purposes. The
FAA finds that the provisions of 14 CFR
part 77 can be applied to these
‘‘structures’’ without the need to amend
2 14 CFR 1.1 defines an airship as, ‘‘an enginedriven lighter-than-air aircraft that can be steered.’’
VerDate Mar<15>2010
16:21 Dec 06, 2011
Jkt 226001
the regulations. Permanent and
operational AWES may be addressed in
the future upon further evaluations and
risk assessments are performed. The
purpose of this change in policy is to
allow for the continued development of
this emerging technology and to provide
the FAA with data regarding these
devices so that the safety and integrity
of the NAS is maintained. Persons
proposing to conduct temporary
airborne testing of AWES for data
collection purposes must provide notice
to the FAA pursuant to 14 CFR
77.13(a)(1), which requires notice of any
construction or alternation of more than
200 feet above ground level.
In order to facilitate the timely
manner in which AWES proposals are
reviewed, AWES developers and
operators are requested to limit
temporary operations to the following:
(1) Airborne operations of AWES
should be temporary in nature for
testing and data collection purposes
only;
(2) Single AWES devices only (e.g.—
no ‘‘farms’’ or multiple simultaneous
testing);
(3) AWES should be limited to a
single fixed location (e.g.—no mobile
ground facilities);
(4) Testing is confined to heights at or
below 499 feet above ground level
(AGL);
(5) Airborne flight testing of AWES
will only occur during daylight hours;
and
(6) AWES will be made conspicuous
to the flying public. (The sponsor of the
AWES will provide the FAA with their
marking and lighting scheme. FAA
Advisory Circular 70/7460–1K (AC 70/
7460–1K), Obstruction Marking and
Lighting, currently does not address
AWES, but may be used as a guide, as
some portions may be applicable.)
Request for Information
The FAA is working jointly with
industry, the Department of Energy, as
well as other airspace stakeholders, and
believes that additional information
from AWES developers would be
beneficial. The information will assist
the FAA as it considers long-term
policies and guidance to integrate the
AWES safely into the NAS.
The FAA has several concerns
regarding AWES operations in the NAS,
including:
(1) Impact(s) to various surveillance
systems (radars);
(2) Conspicuity to aircraft (marking
and lighting);
(3) Overall safety—safety to other
airspace users, safety to persons and
property on the ground, safety to the
efficient and effective use of NAS
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Frm 00013
Fmt 4702
Sfmt 4702
facilities, safety to airports, safety to air
commerce, and safety to the efficient
operations and managing of the NAS;
(4) AWES fly-away protection
(mooring cable is severed);
(5) AWES physical dimensions per
unit and per farm;
(6) AWES operating dimensions per
unit and per farm (amt. of airspace it
may require);
(7) AWES mobility (potential for
AWES to relocate from physical ground
location to a different ground location);
and
(8) Wake turbulence or vortices of
wind capturing component(s).
The FAA recognizes the various
design concepts utilized by AWES
developers for components of their
overall AWES. These may include the
components that keep the system aloft,
the power generating equipment, the
energy transferring equipment, the
maneuvering controls, and the physical
and operational dimensions, amongst
others. Given these variations in
technologies, the FAA seeks information
from the industry to help us evaluate
the potential risks of permanent AWES
and AWES farms operating in the NAS.
The FAA is requesting AWES
sponsors provide information on the
following. Additional information may
be requested upon further contact and
coordination. This information must be
submitted by February 6, 2012.
• General information on a
developer’s specific AWES design
concept and plans for operation.
Æ What type(s) of mechanical devices
are you employing to keep the system
aloft?
Æ What are the physical dimensions
of the device(s) with relation to the
above?
Æ What kind of materials will
comprise this device?
Æ What are the operational
dimensions (requirement for airspace)
for the system?
Æ Is there a requirement to operate
more than one device in the air?
Æ What are your long-term plans for
this system?
• Marking and lighting.
Æ Can you comply with marking and
lighting requirements?
Æ Can you identify any impacts to
your system when complying with
current guidance for marking and
lighting standards?
Æ What are your plans or how is your
system designed to make the system
conspicuous to the flying public?
• Safety to other airspace users and
persons and property on the ground.
Æ What safety mechanisms or devices
have you designed into the system to
ensure all aspects of aviation safety?
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07DEP1
Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules
Æ What safety mechanisms or devices
have you designed into the system to
minimize or mitigate hazards to persons
or property on the ground?
• Minimized impacts to NAS
facilities.
Æ What are your plans or how is your
system designed to reduce a large radar
cross-section and become less
conspicuous to surveillance systems?
Æ What are your plans or how is your
system designed to reduce impacts to
any communication or navigation
systems supporting the NAS?
In addition, the FAA is requesting
input from airspace users regarding the
impact AWES would have on the NAS.
Specifically, we request airspace users
provide comments to the following.
Additional information may be
requested upon further contact and
coordination. This information must be
submitted by February 6, 2012.
• What safety implications do you
foresee of AWES operations with
respect to your use of the airspace or
your interest to the NAS?
• Would you have any concerns
about AWES permanently operating at
altitudes above 500 feet AGL, but, under
1,999 feet AGL? If so, what and why?
• If AWES were permitted to
permanently operate in altitudes at or
above 2,000 feet AGL, how do you
foresee this as negatively impacting
your missions, use of the airspace, or
other interests in the NAS?
• What other concerns and/or issues
might you have with respect to AWES
co-existing in the NAS?
emcdonald on DSK5VPTVN1PROD with PROPOSALS
Comments Invited
16:21 Dec 06, 2011
Jkt 226001
Regulatory Agenda under RIN 2070–
AJ79. FIFRA requires EPA to publish a
notice in the Federal Register whenever
such a submission occurs. The draft
proposed rule is not available to the
public until after it has been signed by
EPA.
[FR Doc. 2011–31430 Filed 12–6–11; 8:45 am]
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2010–0305. All documents in the
docket are listed in the docket index
available in https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
BILLING CODE 4910–13–P
FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT
section of this document, and marked as
proprietary or confidential. If submitting
information on a disk or CD–ROM, mark
the outside of the disk or CD–ROM, and
identify electronically within the disk or
CD–ROM the specific information that
is proprietary or confidential.
Under 14 CFR 11.35(b), the FAA is
aware of proprietary information filed
with a comment, the agency does not
place it in the docket. It is held in a
separate file to which the public does
not have access, and the FAA places a
note in the docket that it has received
it. If the FAA receives a request to
examine or copy this information, it
treats it as any other request under the
Freedom of Information Act (5 U.S.C.
552). The FAA processes such a request
under Department of Transportation
procedures found in 49 CFR part 7.
Issued in Washington, DC, on November
30, 2011.
Dennis E. Roberts,
Director of Airspace Services.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 152
The FAA invites interested persons to
submit written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
the proposals in this document. The
most helpful comments reference a
specific portion of the proposal, explain
the reason for any recommended
change, and include supporting data. To
ensure the docket does not contain
duplicate comments, commenters
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives. Before acting on
this proposal, the FAA will consider all
comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
VerDate Mar<15>2010
change this proposal in light of the
comments it receives.
Proprietary or Confidential Business
Information: Commenters should not
file proprietary or confidential business
information in the docket. Such
information must be sent or delivered
directly to the person identified in the
76335
[EPA–HQ–OPP–2010–0305; FRL–9328–5]
RIN 2070–AJ79
Notification of Draft Proposed Rule
Submission to the Secretaries of
Agriculture and Health and Human
Services
Environmental Protection
Agency (EPA).
ACTION: Notification of submission to
the Secretaries of Agriculture and
Health and Human Services.
AGENCY:
This document notifies the
public that EPA has forwarded to the
Secretary of the United States
Department of Agriculture and the
Secretary of the United States
Department of Health and Human
Services a draft proposed rule under
sections 21(b) and 25(a) of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), entitled ‘‘Pesticides;
Revisions to Minimum Risk
Exemptions’’ and identified in the
SUMMARY:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
ADDRESSES:
Martha Shimkin, Field and External
Affairs Division (7506P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington DC 20460–0001;
telephone number: (703) 305–5160;
email address:
shimkin.martha@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
This action is directed to the public
in general. It simply announces the
submission of a draft proposed rule to
the Secretary of Agriculture and the
Secretary of Health and Human Services
and does not otherwise affect any
specific entities. This action may,
however, be of particular interest to
manufacturers, distributors, retailers,
and users of minimum risk pesticide
products as described in 40 CFR
152.25(f). Since other entities may also
be interested, the Agency has not
attempted to describe all the specific
entities that may be interested in this
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E:\FR\FM\07DEP1.SGM
07DEP1
Agencies
[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Proposed Rules]
[Pages 76333-76335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31430]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
[Docket No.: FAA-2011-1279; Notice No. 11-07]
Notification for Airborne Wind Energy Systems (AWES)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of policy and request for information.
-----------------------------------------------------------------------
SUMMARY: The FAA seeks comments on revising its policy regarding the
application of Title 14 of the Code of Federal Regulations (14 CFR)
part 77, ``Safe, Efficient Use and Preservation of the Navigable
Airspace,'' to airborne wind energy systems (AWES). In addition, this
notice requests information from airborne wind energy system developers
and the public related to these systems so that the FAA can
comprehensively analyze the AWES and their integration into the
National Airspace System (NAS).
DATES: Written comments must be received on or before February 6, 2012.
ADDRESSES: Send comments identified by docket number 2011-1279 using
any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at (202) 493-2251.
Privacy: The FAA will post all comments it receives, without
change, to https://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at https://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: For questions concerning this action,
contact Mr. Ren[eacute] Joseph (RJ) Balanga, Mission Support Services,
Airspace, Regulations and ATC Procedures Group, Air Traffic
Organization, AJV-11, Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-8783, email
rene.balanga@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority
Title 49 of the United States Code, section 40103 vests the
Administrator with broad authority to regulate the safe and efficient
use of the navigable airspace. The Administrator is authorized to issue
rules and regulations to govern the flight, navigation, protection, and
identification of aircraft for the protection of persons and property
on the ground, and for the efficient use of the navigable airspace (49
U.S.C. 40103(b)). The Administrator also is authorized under Sec.
44701(a)(5) to promote safe flight of civil aircraft in air commerce by
prescribing regulations and minimum standards for other practices,
methods, and procedures necessary for safety in air commerce and
national security.
Background
During the past decade, there has been an increased focus on the
use of clean renewable energy resources, including wind energy. The FAA
has been approached by various entities, including manufacturers,
scientists, engineers, and advocacy groups representing the wind energy
community, who are researching the use of more sustained and consistent
winds at higher altitudes where conventional ground-based wind turbines
cannot reach. As part of their research, the energy community is
examining various concepts for system designs to harness high altitude
winds as a potential source of energy.
Airborne Wind Energy Systems (AWES) are described broadly as
mechanical devices that are moored to the ground, via a tether or
cabling component, for the purpose of capturing the fluid stream
kinetic energy of winds. The kinetic energy captured by the device is
then utilized in various fashions to generate electricity. In one
option, the wind energy is immediately converted into consumable power,
at the system component keeping the system aloft, and then transferred
to the ground by a mechanical tether, cabling conductor, or other
method. In another option, the combination of the wind, the aloft
device, and the mooring cables are systematically utilized to drive an
electrical generator located on the ground.
The basic overall components that comprise various AWESs are fairly
similar in concept, however, the technologies and the specific devices
that keep them aloft differ dramatically. Such devices have leveraged
on similar engineering designs that apply to kites, balloons, kytoons,
aircraft wings, aircraft, airfoils, as well as others.\1\
---------------------------------------------------------------------------
\1\ 14 CFR 1.1 defines a balloon as a ``lighter-than-air
aircraft that is not engine driven, and that sustains flight through
the use of either gas buoyancy or an airborne heater,'' and defines
a kite as a ``framework, covered with paper, cloth, metal, or other
material, intended to be flown at the end of a rope or cable, and
having as its only support the force of the wind moving past its
surfaces.''
---------------------------------------------------------------------------
Although some of these AWES components could be covered by 14 CFR
part 101, Moored balloons, kites, amateur rockets and unmanned free
balloons, some conceptual designs include hybrid concepts or utilize
new innovative techniques that are not as easily classifiable. For
example, the FAA identified some AWESs employing ``balloon-like''
design structures with
[[Page 76334]]
motorized rotors for vertical and/or horizontal control, resembling a
moored airship which does not fall within the category of 14 CFR part
101 devices.\2\ Additionally, the FAA also identified some AWESs that
employ a moored kite or balloon with one or more wind capturing devices
(wings or blades) attached along the mooring cable that spin a separate
cable and activate ground-based power generators. Consequently, the FAA
has determined that AWES are unique and would not fall under 14 CFR
part 101.
---------------------------------------------------------------------------
\2\ 14 CFR 1.1 defines an airship as, ``an engine-driven
lighter-than-air aircraft that can be steered.''
---------------------------------------------------------------------------
Furthermore, since AWES is a relatively new technology that will be
used to support clean, renewable energy initiatives, the FAA finds that
part 101 does not currently contain the necessary provisions to address
these systems.
Whether designed with conventional 14 CFR part 101 type devices or
non-conventional hybrid-type components, each AWES possesses differing
attributes. These attributes include, but are not limited to, its
physical design, how it operates, necessary airspace utilized, radar
cross-section, and reflection coefficient. The FAA is concerned with
these differing attributes and their unknown impacts to the NAS,
navigable airspace, and to the flying public. Therefore, the FAA
concludes that each AWES deployment needs to be studied on a case-by-
case basis with respect to the surrounding aviation environment to
ensure aviation safety.
Policy
Given the altitudes that these structures can operate and their
operating characteristics, the FAA concludes that they should be
studied and the potential impacts to the navigable airspace must be
identified and addressed. Presently, the FAA has an existing regulatory
framework that outlines standards for determining obstructions to air
navigation or navigational aids or facilities (see 14 CFR part 77). 14
CFR part 77 is utilized to evaluate the impact of wind turbines and
other forms of renewable energy on the navigable airspace. Therefore,
we conclude that any new forms of wind gathering devices would be
included in the Obstruction Evaluation Process, which is administered
under 14 CFR part 77.
Accordingly, the FAA announces that the provision of part 77 will
apply to temporary AWES proposals that will be used for data collection
purposes. The FAA finds that the provisions of 14 CFR part 77 can be
applied to these ``structures'' without the need to amend the
regulations. Permanent and operational AWES may be addressed in the
future upon further evaluations and risk assessments are performed. The
purpose of this change in policy is to allow for the continued
development of this emerging technology and to provide the FAA with
data regarding these devices so that the safety and integrity of the
NAS is maintained. Persons proposing to conduct temporary airborne
testing of AWES for data collection purposes must provide notice to the
FAA pursuant to 14 CFR 77.13(a)(1), which requires notice of any
construction or alternation of more than 200 feet above ground level.
In order to facilitate the timely manner in which AWES proposals
are reviewed, AWES developers and operators are requested to limit
temporary operations to the following:
(1) Airborne operations of AWES should be temporary in nature for
testing and data collection purposes only;
(2) Single AWES devices only (e.g.--no ``farms'' or multiple
simultaneous testing);
(3) AWES should be limited to a single fixed location (e.g.--no
mobile ground facilities);
(4) Testing is confined to heights at or below 499 feet above
ground level (AGL);
(5) Airborne flight testing of AWES will only occur during daylight
hours; and
(6) AWES will be made conspicuous to the flying public. (The
sponsor of the AWES will provide the FAA with their marking and
lighting scheme. FAA Advisory Circular 70/7460-1K (AC 70/7460-1K),
Obstruction Marking and Lighting, currently does not address AWES, but
may be used as a guide, as some portions may be applicable.)
Request for Information
The FAA is working jointly with industry, the Department of Energy,
as well as other airspace stakeholders, and believes that additional
information from AWES developers would be beneficial. The information
will assist the FAA as it considers long-term policies and guidance to
integrate the AWES safely into the NAS.
The FAA has several concerns regarding AWES operations in the NAS,
including:
(1) Impact(s) to various surveillance systems (radars);
(2) Conspicuity to aircraft (marking and lighting);
(3) Overall safety--safety to other airspace users, safety to
persons and property on the ground, safety to the efficient and
effective use of NAS facilities, safety to airports, safety to air
commerce, and safety to the efficient operations and managing of the
NAS;
(4) AWES fly-away protection (mooring cable is severed);
(5) AWES physical dimensions per unit and per farm;
(6) AWES operating dimensions per unit and per farm (amt. of
airspace it may require);
(7) AWES mobility (potential for AWES to relocate from physical
ground location to a different ground location); and
(8) Wake turbulence or vortices of wind capturing component(s).
The FAA recognizes the various design concepts utilized by AWES
developers for components of their overall AWES. These may include the
components that keep the system aloft, the power generating equipment,
the energy transferring equipment, the maneuvering controls, and the
physical and operational dimensions, amongst others. Given these
variations in technologies, the FAA seeks information from the industry
to help us evaluate the potential risks of permanent AWES and AWES
farms operating in the NAS.
The FAA is requesting AWES sponsors provide information on the
following. Additional information may be requested upon further contact
and coordination. This information must be submitted by February 6,
2012.
General information on a developer's specific AWES design
concept and plans for operation.
[cir] What type(s) of mechanical devices are you employing to keep
the system aloft?
[cir] What are the physical dimensions of the device(s) with
relation to the above?
[cir] What kind of materials will comprise this device?
[cir] What are the operational dimensions (requirement for
airspace) for the system?
[cir] Is there a requirement to operate more than one device in the
air?
[cir] What are your long-term plans for this system?
Marking and lighting.
[cir] Can you comply with marking and lighting requirements?
[cir] Can you identify any impacts to your system when complying
with current guidance for marking and lighting standards?
[cir] What are your plans or how is your system designed to make
the system conspicuous to the flying public?
Safety to other airspace users and persons and property on
the ground.
[cir] What safety mechanisms or devices have you designed into the
system to ensure all aspects of aviation safety?
[[Page 76335]]
[cir] What safety mechanisms or devices have you designed into the
system to minimize or mitigate hazards to persons or property on the
ground?
Minimized impacts to NAS facilities.
[cir] What are your plans or how is your system designed to reduce
a large radar cross-section and become less conspicuous to surveillance
systems?
[cir] What are your plans or how is your system designed to reduce
impacts to any communication or navigation systems supporting the NAS?
In addition, the FAA is requesting input from airspace users
regarding the impact AWES would have on the NAS. Specifically, we
request airspace users provide comments to the following. Additional
information may be requested upon further contact and coordination.
This information must be submitted by February 6, 2012.
What safety implications do you foresee of AWES operations
with respect to your use of the airspace or your interest to the NAS?
Would you have any concerns about AWES permanently
operating at altitudes above 500 feet AGL, but, under 1,999 feet AGL?
If so, what and why?
If AWES were permitted to permanently operate in altitudes
at or above 2,000 feet AGL, how do you foresee this as negatively
impacting your missions, use of the airspace, or other interests in the
NAS?
What other concerns and/or issues might you have with
respect to AWES co-existing in the NAS?
Comments Invited
The FAA invites interested persons to submit written comments,
data, or views. The agency also invites comments relating to the
economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
The FAA will file in the docket all comments it receives. Before
acting on this proposal, the FAA will consider all comments it receives
on or before the closing date for comments. The FAA will consider
comments filed after the comment period has closed if it is possible to
do so without incurring expense or delay. The agency may change this
proposal in light of the comments it receives.
Proprietary or Confidential Business Information: Commenters should
not file proprietary or confidential business information in the
docket. Such information must be sent or delivered directly to the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this document, and marked as proprietary or confidential. If submitting
information on a disk or CD-ROM, mark the outside of the disk or CD-
ROM, and identify electronically within the disk or CD-ROM the specific
information that is proprietary or confidential.
Under 14 CFR 11.35(b), the FAA is aware of proprietary information
filed with a comment, the agency does not place it in the docket. It is
held in a separate file to which the public does not have access, and
the FAA places a note in the docket that it has received it. If the FAA
receives a request to examine or copy this information, it treats it as
any other request under the Freedom of Information Act (5 U.S.C. 552).
The FAA processes such a request under Department of Transportation
procedures found in 49 CFR part 7.
Issued in Washington, DC, on November 30, 2011.
Dennis E. Roberts,
Director of Airspace Services.
[FR Doc. 2011-31430 Filed 12-6-11; 8:45 am]
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