2022-27993

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration • 14 CFR Part 77 • [Docket No: FAA-2011-1279] AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Policy statement. SUMMARY: FAA is finalizing its policy on the applicability of regulations concerning the safe, efficient use and preservation of the navigable airspace to all airborne wind energy systems (AWES). DATES: This policy is effective December 23, 2022. FOR FURTHER INFORMATION CONTACT: Brian Konie, Airspace Rules and Regulations Team, Air Traffic Organization, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783; email: brian.konie@faa.gov. SUPPLEMENTARY INFORMATION: I. Statutory Authority Congress, pursuant to 49 U.S.C. 44718, mandated that the Secretary of Transportation require the public to provide notice to FAA of “the construction, alteration, establishment, or expansion, or the proposed construction, alteration, establishment, or expansion, of a structure or sanitary landfill when the notice will promote (1) safety in air commerce; (2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports; or (3) the interests of national security, as determined by the Secretary of Defense.” Moreover, under that section, the Secretary is required to conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment if the Secretary decides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air or space navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an adverse impact on military operations and readiness. FAA codified these requirements in Title 14 of the Code of Federal Regulations (14 CFR) part 77 and identified the form and manner in which a person must submit notice. II. Background In 2011, FAA published a notice of policy and request for information (Notice) stating its policy on the application of 14 CFR part 77 to temporary AWES.[1] The Notice also contained a request for information from AWES developers and the public on these systems so that FAA can ( printed page 78850) comprehensively analyze AWES and evaluate the potential impacts of their long-term integration into the National Airspace System (NAS). The Notice stated that the Obstruction Evaluation process under part 77 applies to any new forms of wind gathering devices, including temporary AWES proposals.[2] This allowed the FAA to gather data about these devices while the technology continued to develop.[3] The notice explained that anyone proposing to conduct temporary airborne testing of AWES for data collection purposes must comply with part 77, including the requirement in section 77.13(a)(1) that requires notice of any construction or alternation of more than 200 feet above ground level (AGL). Airborne wind energy (AWE) is the conversion of wind energy into electricity using tethered flying devices.[4] An Airborne Wind Energy System (AWES) is a tempo…

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.