Federal Aviation Administration Policy: Review of Solar Energy System Projects on Federally-Obligated Airports, 25801-25803 [2021-09862]
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Rules and Regulations
Federal Register
Vol. 86, No. 89
Tuesday, May 11, 2021
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contains regulatory documents having general
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OFFICE OF GOVERNMENT ETHICS
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Removal of U.S. Office of Government
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Pursuant to Executive Order
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or Margaret Dylus-Yukins, Assistant
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SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
I. Background
As required by Executive Order
13891, ‘‘Promoting the Rule of Law
Through Improved Agency Guidance
Documents’’ (October 9, 2019), OGE
issued 5 CFR part 2611 on August 20,
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Executive Order 13992, ‘‘Revocation
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VerDate Sep<11>2014
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Jkt 253001
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[FR Doc. 2021–09954 Filed 5–10–21; 8:45 am]
BILLING CODE 6345–03–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
Federal Aviation Administration Policy:
Review of Solar Energy System
Projects on Federally-Obligated
Airports
Federal Aviation
Administration, DOT.
ACTION: Noticificaton of policy.
AGENCY:
This document establishes
FAA policy for proposals by sponsors of
federally-obligated airports to construct
solar energy systems on airport
property. FAA is publishing this policy
because it is in the public interest to
enhance safety by analyzing ocular
impact of proposed solar energy systems
on airport traffic control tower
personnel. The policy applies to
proposed on-airport solar energy
systems at federally-obligated towered
SUMMARY:
E:\FR\FM\11MYR1.SGM
11MYR1
25802
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 (https://
www.faa.gov/regulations/search);
(2) Visiting FAA’s Regulations and
Policies web page at (https://
www.faa.gov/regulations_policies); or
(3) Accessing the Government
Printing Office’s web page at (https://
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) 267–3263.
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,
APP–400, Federal Aviation
Administration, 800 Independence Ave.
SW, Washington, DC 20591, telephone
(202) 267–8772; 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
47122(a).
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
VerDate Sep<11>2014
15:58 May 10, 2021
Jkt 253001
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 FAA’s 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 FAA’s obligation under
49 U.S.C. 47122(a) 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, glassfac¸ade 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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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 airport’s 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 7460–1 (hereinafter
Form 7460–1). Airport sponsors are no
longer required to submit the results of
an ocular analysis to FAA. Instead, to
demonstrate compliance with 14 CFR
77.5(c), FAA will rely on the submittal
of Form 7460–1 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 airport’s 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
sponsor’s 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.
E:\FR\FM\11MYR1.SGM
11MYR1
Federal Register / Vol. 86, No. 89 / Tuesday, May 11, 2021 / Rules and Regulations
FAA Policy: Review of Solar Energy
System Projects on Federally-Obligated
Airports
The following sets forth FAA’s policy
for analyzing ocular impact and the
obligations of an Airport Sponsor when
a solar energy system is proposed for
development on a federally-obligated
airport with an ATCT.
It is in the public interest to enhance
safety by analyzing ocular impact of
proposed solar energy systems at
federally-obligated towered airports.
The policy applies to any proposed
solar energy system on a federallyobligated towered airport.
Standard for Analyzing Ocular Impact
For federally-obligated towered
airports, the airport sponsor will revise
an Airport Layout Plan to depict
proposed solar installations of any size
that are not co-located with an existing
structure and require a new footprint (as
required by 49 U.S.C. 47107(a)(16)(A)).
The airport sponsor will also file a
Notice of Proposed Construction or
Alteration Form 7460–1 (as required by
14 CFR 77.9). To demonstrate
compliance with 14 CFR 77.5(c), FAA
will rely on the airport sponsor to
include a statement in its completed
Form 7460–1 that the proposed solar
project will not result in ocular (i.e. glint
or glare) impacts to the airport’s ATCT
cab. The airport sponsor is encouraged
to conduct an ocular analysis of
potential impacts to ATCT cabs prior to
the submittal of its Form 7460–1. If the
7460–1 evaluation results in a ‘‘no
objection’’ finding, FAA will include
the following statement in the
aeronautical study determination:
FAA relies on the airport sponsor’s
statement in the submitted Form 7460–1 that
it has proposed a project that will not create
ocular (i.e., glint or glare) impacts to
personnel in the airport’s airport traffic
control tower. If impacts to the airport traffic
control tower are discovered after
construction, the Sponsor must mitigate
those impacts at its own expense. The
Sponsor remains subject to a compliance
action under 14 CFR part 16 for failing to
mitigate ocular impacts that interfere with
aviation safety.
khammond on DSKJM1Z7X2PROD with RULES
FAA encourages airport sponsors of
federally-obligated towered airports to
conduct a sufficient analysis to support
their assertion that a proposed solar
energy system will not result in ocular
impacts. There are several tools
available on the open market to airport
sponsors that can analyze potential glint
and glare to an ATCT cab. For proposed
systems that will clearly not impact
ATCT cabs (e.g., on-airport solar energy
15:58 May 10, 2021
Jkt 253001
Integration of This Policy Statement Into
FAA Orders and Publications
FAA will incorporate this policy into
applicable FAA Orders and
publications, such as Advisory
Circulars, as they are updated. The
agency will also continually review this
policy in the interest of aviation safety.
FAA reserves the right to update this
policy if the agency collects or receives
additional information on glint and
glare from on-airport solar energy
systems. The FAA will incorporate any
updates into applicable FAA Orders and
publications.
This policy does not have the force
and effect of law and is not meant to
bind the public in any way, it is
intended only to provide clarity to the
public regarding existing requirements
under the law or agency policies.
Issued in Washington, DC.
Robert John Craven,
Director, Airport Planning and Programming.
[FR Doc. 2021–09862 Filed 5–10–21; 8:45 am]
BILLING CODE 4910–13–P
SECURITIES AND EXCHANGE
COMMISSION
17 CFR Parts 232, 239, 249, 269 and
274
[Release Nos. 33–10935; 34–91352; 39–
2538, IC–34226]
Adoption of Updated EDGAR Filer
Manual, Form ID Amendments
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
Tools To Assess Ocular Impact
VerDate Sep<11>2014
systems that are blocked from the ATCT
cab’s view by another structure), the use
of such tools may not be necessary to
support the assertion that a proposed
solar energy system will not result in
ocular impacts. FAA suggests that
airport sponsors with questions about
conducting this analysis contact their
local FAA Airports District Office (or
Regional Office for those Regions
without District Offices) during the
early stages of a solar energy system
siting process. Regional and Airports
District Offices are available to provide
assistance with this process.
The Securities and Exchange
Commission (the ‘‘Commission’’) is
adopting amendments to Volumes I and
II of the Electronic Data Gathering,
Analysis, and Retrieval system
(‘‘EDGAR’’) Filer Manual (‘‘EDGAR Filer
Manual’’ or ‘‘Filer Manual’’), a related
form, and related rules. The
amendments result in a more uniform
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
25803
and secure process for EDGAR access by
requiring certain applicants that already
have an EDGAR Central Index Key (or
CIK) account number, but do not have
EDGAR access codes, to submit the
related form and an authenticating
document to obtain access to EDGAR.
The related form has also been amended
to update its instructions and crossreferences to Volume I of the Filer
Manual. The revisions to Volume II
reflect additional updates to the EDGAR
system.
DATES:
Effective date: May 11, 2021.
Incorporation by reference: The
incorporation by reference of the
EDGAR Filer Manual is approved by the
Director of the Federal Register as of
May 11, 2021.
Compliance date: The applicable
compliance date is discussed in Section
VII.
FOR FURTHER INFORMATION CONTACT: For
questions regarding the amendments to
Volume I of the Filer Manual, Form ID,
and related rules, please contact
Rosemary Filou, Chief Counsel, or
Monica Lilly, Senior Special Counsel, in
the EDGAR Business Office at 202–551–
3900. For questions concerning the
changes to the submission form types
for Forms N–NMFP and N–CEN, please
contact Heather Fernandez in the
Division of Investment Management at
(202) 551–6708. For questions
concerning changes to the submission
form types for Form C, please contact
Christian Windsor, Senior Special
Counsel, in the Division of Corporation
Finance at (202) 551–3419. For
questions concerning the XBRL
submissions, please contact the Office of
Structured Disclosure in the Division of
Economic and Risk Analysis at (202)
551–5494.
SUPPLEMENTARY INFORMATION: We are
adopting an updated EDGAR Filer
Manual, Volume I: ‘‘General
Information,’’ Version 37 (March 2021)
and Volume II: ‘‘EDGAR Filing,’’
Version 57 (March 2021); amendments
to 17 CFR 232.10 and 17 CFR 232.301
(‘‘Rule 301’’); and amendments to Form
ID (17 CFR 239.63, 17 CFR 249.446, 17
CFR 269.7, and 17 CFR 274.402). The
updated Filer Manual volumes are
incorporated by reference into the Code
of Federal Regulations.
I. Background
The Filer Manual contains technical
specifications needed for filers to make
submissions on EDGAR. Filers must
comply with the applicable provisions
of the Filer Manual in order to assure
the timely acceptance and processing of
E:\FR\FM\11MYR1.SGM
11MYR1
Agencies
[Federal Register Volume 86, Number 89 (Tuesday, May 11, 2021)]
[Rules and Regulations]
[Pages 25801-25803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09862]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
Federal Aviation Administration Policy: Review of Solar Energy
System Projects on Federally-Obligated Airports
AGENCY: Federal Aviation Administration, DOT.
ACTION: Noticificaton of policy.
-----------------------------------------------------------------------
SUMMARY: This document establishes FAA policy for proposals by sponsors
of federally-obligated airports to construct solar energy systems on
airport property. FAA is publishing this policy because it is in the
public interest to enhance safety by analyzing ocular impact of
proposed solar energy systems on airport traffic control tower
personnel. The policy applies to proposed on-airport solar energy
systems at federally-obligated towered
[[Page 25802]]
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 (https://www.faa.gov/regulations/search);
(2) Visiting FAA's Regulations and Policies web page at (https://www.faa.gov/regulations_policies); or
(3) Accessing the Government Printing Office's web page at (https://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) 267-3263. Make sure to
identify the docket number, document number or amendment number of this
proceeding.
FOR FURTHER POLICY INFORMATION CONTACT: Mike Hines, Manager, Airport
Planning and Environmental Division, APP-400, Federal Aviation
Administration, 800 Independence Ave. SW, Washington, DC 20591,
telephone (202) 267-8772; email: [email protected].
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 47122(a).
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 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 FAA's 2013 Interim
Policy on Review of Solar Energy Systems at Federally-Obligated
Airports, referenced above.
The Interim Policy required federally-obligated 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 FAA's obligation under 49 U.S.C. 47122(a) 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, glass-
fa[ccedil]ade 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 ATCT cabs.
Therefore, FAA has determined the scope of agency policy should be
focused on the impact of on-airport solar energy systems to federally-
obligated towered airports, specifically the airport's 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 7460-1 (hereinafter Form 7460-
1). Airport sponsors are no longer required to submit the results of an
ocular analysis to FAA. Instead, to demonstrate compliance with 14 CFR
77.5(c), FAA will rely on the submittal of Form 7460-1 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 airport's
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
sponsor's 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 federally-obligated, 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.
[[Page 25803]]
FAA Policy: Review of Solar Energy System Projects on Federally-
Obligated Airports
The following sets forth FAA's policy for analyzing ocular impact
and the obligations of an Airport Sponsor when a solar energy system is
proposed for development on a federally-obligated airport with an ATCT.
It is in the public interest to enhance safety by analyzing ocular
impact of proposed solar energy systems at federally-obligated towered
airports. The policy applies to any proposed solar energy system on a
federally-obligated towered airport.
Standard for Analyzing Ocular Impact
For federally-obligated towered airports, the airport sponsor will
revise an Airport Layout Plan to depict proposed solar installations of
any size that are not co-located with an existing structure and require
a new footprint (as required by 49 U.S.C. 47107(a)(16)(A)). The airport
sponsor will also file a Notice of Proposed Construction or Alteration
Form 7460-1 (as required by 14 CFR 77.9). To demonstrate compliance
with 14 CFR 77.5(c), FAA will rely on the airport sponsor to include a
statement in its completed Form 7460-1 that the proposed solar project
will not result in ocular (i.e. glint or glare) impacts to the
airport's ATCT cab. The airport sponsor is encouraged to conduct an
ocular analysis of potential impacts to ATCT cabs prior to the
submittal of its Form 7460-1. If the 7460-1 evaluation results in a
``no objection'' finding, FAA will include the following statement in
the aeronautical study determination:
FAA relies on the airport sponsor's statement in the submitted
Form 7460-1 that it has proposed a project that will not create
ocular (i.e., glint or glare) impacts to personnel in the airport's
airport traffic control tower. If impacts to the airport traffic
control tower are discovered after construction, the Sponsor must
mitigate those impacts at its own expense. The Sponsor remains
subject to a compliance action under 14 CFR part 16 for failing to
mitigate ocular impacts that interfere with aviation safety.
Tools To Assess Ocular Impact
FAA encourages airport sponsors of federally-obligated towered
airports to conduct a sufficient analysis to support their assertion
that a proposed solar energy system will not result in ocular impacts.
There are several tools available on the open market to airport
sponsors that can analyze potential glint and glare to an ATCT cab. For
proposed systems that will clearly not impact ATCT cabs (e.g., on-
airport solar energy systems that are blocked from the ATCT cab's view
by another structure), the use of such tools may not be necessary to
support the assertion that a proposed solar energy system will not
result in ocular impacts. FAA suggests that airport sponsors with
questions about conducting this analysis contact their local FAA
Airports District Office (or Regional Office for those Regions without
District Offices) during the early stages of a solar energy system
siting process. Regional and Airports District Offices are available to
provide assistance with this process.
Integration of This Policy Statement Into FAA Orders and Publications
FAA will incorporate this policy into applicable FAA Orders and
publications, such as Advisory Circulars, as they are updated. The
agency will also continually review this policy in the interest of
aviation safety. FAA reserves the right to update this policy if the
agency collects or receives additional information on glint and glare
from on-airport solar energy systems. The FAA will incorporate any
updates into applicable FAA Orders and publications.
This policy does not have the force and effect of law and is not
meant to bind the public in any way, it is intended only to provide
clarity to the public regarding existing requirements under the law or
agency policies.
Issued in Washington, DC.
Robert John Craven,
Director, Airport Planning and Programming.
[FR Doc. 2021-09862 Filed 5-10-21; 8:45 am]
BILLING CODE 4910-13-P