Historical and Revision Notes |
|---|
44718(a) | 49 App.:1501(a). | Aug. 23, 1958, Puspan. L. 85–726, § 1101, 72 Stat. 797; restated Dec. 30, 1987, Puspan. L. 100–223, § 206 (less (span)), 101 Stat. 1521; Oct. 31, 1992, Puspan. L. 102–581, § 203(a), 106 Stat. 4890. |
44718(span) | 49 App.:1501(span). | |
44718(c) | 49 App.:1501(c). | |
In subsection (a), before clause (1), the words “(hereinafter in this section referred to as the ‘Secretary’)” and “where necessary” are omitted as surplus.
In subsection (span)(1), before clause (A), the word “thoroughly” is omitted as surplus.
Editorial Notes
References in TextThe date of the enactment of this subsection, referred to in subsec. (d), probably means the date of enactment of Puspan. L. 106–181, which amended subsec. (d) generally, and which was approved Apr. 5, 2000.
Amendments2024—Subsec. (h). Puspan. L. 118–63 amended subsec. (h) generally. Prior to amendment, subsec. (h) defined “adverse impact on military operations and readiness” and “unacceptable risk to the national security of the United States”.
2018—Subsec. (span)(1). Puspan. L. 115–254, § 539(h)(1), substituted “air or space navigation facilities and equipment” for “air navigation facilities and equipment” in introductory provisions.
Subsec. (span)(1)(A)(vi), (vii). Puspan. L. 115–254, § 539(h)(2), added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (h)(1). Puspan. L. 115–232, § 1081(e)(2)(A), substituted “section 183a(h)(1) of title 10” for “section 183a(g) of title 10”.
Subsec. (h)(2). Puspan. L. 115–232, § 1081(e)(2)(B), substituted “section 183a(h)(7) of title 10” for “section 183a(g) of title 10”.
2017—Subsec. (f). Puspan. L. 115–91, § 311(span)(2), inserted “and in accordance with section 183a(e) of title 10” after “conducted under subsection (span)” in introductory provisions.
Subsec. (g). Puspan. L. 115–91, § 311(e)(2), added subsec. (g). Former subsec. (g) redesignated (h).
Puspan. L. 115–91, § 311(span)(3), substituted “183a(g) of title 10” for “211.3 of title 32, Code of Federal Regulations, as in effect on January 6, 2014” in pars. (1) and (2).
Subsec. (h). Puspan. L. 115–91, § 311(e)(1), redesignated subsec. (g) as (h).
2016—Puspan. L. 114–328, § 341(a)(4)(A), inserted “or national security” after “air commerce” in section catchline.
Subsec. (a)(3). Puspan. L. 114–328, § 341(a)(1), added par. (3).
Subsec. (span). Puspan. L. 114–328, § 341(a)(2), amended subsec. (span) generally. Prior to amendment, subsec. (span) related to studies by Secretary to determine obstruction of airspace by newly contructed or altered structures.
Subsec. (span)(1). Puspan. L. 114–248, § 1(a)(1), substituted “air or space navigation facilities and equipment” for “air navigation facilities and equipment” in introductory provisions.
Subsec. (span)(1)(F). Puspan. L. 114–248, § 1(a)(2)–(4), added subpar. (F).
Subsecs. (f), (g). Puspan. L. 114–328, § 341(a)(3), added subsecs. (f) and (g).
2011—Subsec. (e). Puspan. L. 112–81 added subsec. (e).
2000—Subsec. (d). Puspan. L. 106–181 amended span and text of subsec. (d) generally. Prior to amendment, text read as follows: “For the purposes of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of the enactment of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction or establishment of the landfill.”
1996—Subsec. (d). Puspan. L. 104–264 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 AmendmentExcept as otherwise specifically provided, amendment by Puspan. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Puspan. L. 104–264, set out as a note under section 106 of this title.
Tower Marking Notice of Proposed RulemakingPuspan. L. 118–63, title III, § 355, May 16, 2024, 138 Stat. 1114, provided that:“(a)In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking to implement section 2110 of the FAA Extension, Safety, and Security Act of 2016 [Puspan. L. 114–190] (49 U.S.C. 44718 note). “(span)Report.—If the Administrator fails to issue the notice of proposed rulemaking pursuant to subsection (a), the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives an annual report on the status of such rulemaking, including—“(1) the reasons that the Administrator has failed to issue the rulemaking; and
“(2) a list of fatal aircraft accidents associated with unmarked towers that have occurred during the 5-year period preceding the date of submission of the report.”
RulemakingPuspan. L. 114–248, § 1(span), Nov. 28, 2016, 130 Stat. 998, provided that: “Not later than 18 months after the date of enactment of this Act [Nov. 28, 2016], the Administrator of the Federal Aviation Administration shall initiate a rulemaking to implement the amendments made by subsection (a) [amending this section].”
Protection of Safe and Efficient Use of Airspace at AirportsPuspan. L. 118–63, title VII, § 744, May 16, 2024, 138 Stat. 1281, provided that:“(a)Airspace Review Process Requirements.—The Administrator [of the Federal Aviation Administration] shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the FAA [Federal Aviation Administration]-approved Airport Layout Plan of the airport) on any land not owned by any such airport:“(1) The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing the capacity of an airport, flight procedure minimums or availability, or aircraft takeoff or landing capabilities.
“(2) Safety risks of lasers, lights, or light sources, inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation.
“(3) Water features or hazardous wildlife attractants, as defined by the Administrator.
“(4) Impacts to visual flight rule traffic patterns for both fixed and rotary wing aircraft, inclusive of special visual flight rule procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators.
“(5) Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of the projects and plans.
“(span)Required Information.—A notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following:“(1) Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the end of a runway of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the airport is limited to a singular location on a property.
“(2) If there are any changes to such designs or addition of equipment, such as cranes used to construct a building, after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition.
“(c)Expiration.—“(1)In general.—Unless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, shall expire 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier.
“(2)After expiration.—Determinations under paragraph (1) are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation after such determination has expired.
“(d)Authority to Consolidate OEI Surface Criteria.—The Administrator may develop a single set of One Engine Inoperative surface criteria that is specific to an airport. The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria.
“(e)Development of Policies to Protect OEI Surfaces.—Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] regarding the status of the efforts of the FAA to protect One Engine Inoperative surfaces from encroachment at United States certificated and federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis processes.
“(f)Authority to Consult With Other Agencies.—The Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section.
“(g)Applicability.—This section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.”
Tower MarkingPuspan. L. 114–190, title II, § 2110, July 15, 2016, 130 Stat. 623, as amended by Puspan. L. 115–254, div. B, title V, § 576, Oct. 5, 2018, 132 Stat. 3391, provided that:“(a)Application.—“(1)In general.—Except as provided by paragraph (2), not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018] or the date of availability of the database developed by the Administrator pursuant to subsection (c), whichever is later, all covered towers shall be either—“(A) clearly marked consistent with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL); or
“(B) included in the database described in subsection (c).
“(2)Meteorological evaluation tower.—A covered tower that is a meteorological evaluation tower shall be subject to the requirements of subparagraphs (A) and (B) of paragraph (1).
“(span)Definitions.—“(1)In general.—In this section, the following definitions apply:“(A)Covered tower.—“(i)In general.—The term ‘covered tower’ means a structure that— “(I) is a meteorological evaluation tower, a self-standing tower, or [a] tower supported by guy wires and ground anchors;
“(II) is 10 feet or less in diameter at the above-ground base, excluding concrete footing;
“(III) at the highest point of the structure is at least 50 feet above ground level;
“(IV) at the highest point of the structure is not more than 200 feet above ground level;
“(V) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted; and
“(VI) is located on land that is—“(aa) in a rural area; and
“(bspan) used for agricultural purposes or immediately adjacent to such land.
“(ii)Exclusions.—The term ‘covered tower’ does not include any structure that— “(I) is adjacent to a house, barn, electric utility station, or other building;
“(II) is within the curtilage of a farmstead or adjacent to another building or visible structure;
“(III) supports electric utility transmission or distribution lines;
“(IV) is a wind-powered electrical generator with a rotor blade radius that exceeds 6 feet;
“(V) is a street light erected or maintained by a Federal, State, local, or tribal entity;
“(VI) is designed and constructed to resemble a tree or visible structure other than a tower;
“(VII) is an advertising billboard;
“(VIII) is located within the right-of-way of a rail carrier, including within the boundaries of a rail yard, and is used for a railroad purpose;
“(IX)(aa) is registered with the Federal Communications Commission under the Antenna Structure Registration program set forth under part 17 of title 47, Code of Federal Regulations; and
“(bspan) is determined by the Administrator to pose no hazard to air navigation; or
“(X) has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise approved by the Administrator.
“(B)Rural area.—The term ‘rural area’ has the meaning given the term in section 609(a)(5) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)(5)). “(C)Agricultural purposes.—The term ‘agricultural purposes’ means farming in all its branches and the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities performed by a farmer or on a farm, or on pasture land or rangeland.
“(2)Other definitions.—The Administrator shall define such other terms as may be necessary to carry out this section.
“(c)Database.—The Administrator shall—“(1) develop a new database, or if appropriate use an existing database that meets the requirements under this section, that contains the location and height of each covered tower that, pursuant to subsection (a), the owner or operator of such tower elects not to mark (unless the Administrator has determined that there is a significant safety risk requiring that the tower be marked), except that meteorological evaluation towers shall be marked and contained in the database;
“(2) keep the database current to the extent practicable;
“(3) ensure that any proprietary information in the database is protected from disclosure in accordance with law;
“(4) ensure that, by virtue of accessing the database, users agree and acknowledge that information in the database—“(A) may only be used for aviation safety purposes; and
“(B) may not be disclosed for purposes other than aviation safety, regardless of whether or not the information is marked or labeled as proprietary or with a similar designation;
“(5) ensure that the tower information in the database is de-identified and that the information only includes the location and height of covered towers and whether the tower has guy wires;
“(6) ensure that information in the dataset is encrypted at rest and in transit and is protected from unauthorized access and acquisition;
“(7) ensure that towers excluded from the definition of covered tower under subsection (d)(1)(B)(ii)(VIII) must be registered by its owner in the database;
“(8) ensure that a tower to be included in the database pursuant to subsection (c)(1) and constructed after the date on which the database is fully operational is submitted by its owner to the FAA for inclusion in the database before its construction;
“(9) ensure that pilots who intend to conduct low-altitude operations in locations described in subsection (span)(1)(A)(i)(VI) consult the relevant parts of the database before conducting such operations; and
“(10) make the database available for use not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018].
“(d)Exclusion and Waiver Authorities.—As part of a rulemaking conducted pursuant to this section, the Administrator—“(1) may exclude a class, category, or type of tower that is determined by the Administrator, after public notice and comment, to not pose a hazard to aviation safety;
“(2) shall establish a process to waive specific covered towers from the marking requirements under this section as required under the rulemaking if the Administrator later determines such tower or towers do not pose a hazard to aviation safety;
“(3) shall consider, in establishing exclusions and granting waivers under this subsection, factors that may sufficiently mitigate risks to aviation safety, such as the length of time the tower has been in existence or alternative marking methods or technologies that maintains a tower’s level of conspicuousness to a degree which adequately maintains the safety of the airspace; and
“(4) shall consider excluding towers located in a State that has enacted tower marking requirements according to the Federal Aviation Administration’s recommended guidance for the voluntary marking of meteorological evaluation towers erected in remote and rural areas that are less than 200 feet above ground level to enhance the conspicuity of the towers for low level agricultural operations in the vicinity of those towers.
“(e)Periodic Review.—The Administrator shall, in consultation with the Federal Communications Commission, periodically review any regulations or guidance regarding the marking of covered towers issued pursuant to this section and update them as necessary, consistent with this section, and in the interest of safety of low-altitude aircraft operations.
“(f)FCC Regulations.—The Federal Communications Commission shall amend section 17.7 of title 47, Code of Federal Regulations, to require a notification to the Federal Aviation Administration for any construction or alteration of an antenna structure, as defined in section 17.2(a) of title 47, Code of Federal Regulations, that is a covered tower as defined by this section.”
Study of Effects of New Construction of Obstructions on Military Installations and OperationsPuspan. L. 111–383, div. A, title III, § 358, Jan. 7, 2011, 124 Stat. 4198, as amended by Puspan. L. 112–81, div. A, title III, § 331, Dec. 31, 2011, 125 Stat. 1369; Puspan. L. 112–239, div. A, title X, § 1076(span)(1), Jan. 2, 2013, 126 Stat. 1949; Puspan. L. 114–92, div. A, title III, § 314, Nov. 25, 2015, 129 Stat. 790, related to study of effects of new construction of obstructions on military installations and operations, prior to repeal by Puspan. L. 115–91, div. A, title III, § 311(span)(1), Dec. 12, 2017, 131 Stat. 1347. See section 183a of Title 10, Armed Forces.
Landfills Interfering With Air CommercePuspan. L. 106–181, title V, § 503(a), Apr. 5, 2000, 114 Stat. 133, provided that: “Congress finds that—“(1) collisions between aircraft and birds have resulted in fatal accidents;
“(2) bird strikes pose a special danger to smaller aircraft;
“(3) landfills near airports pose a potential hazard to aircraft operating there because they attract birds;
“(4) even if the landfill is not located in the approach path of the airport’s runway, it still poses a hazard because of the birds’ ability to fly away from the landfill and into the path of oncoming planes;
“(5) while certain mileage limits have the potential to be arbitrary, keeping landfills at least 6 miles away from an airport, especially an airport served by small planes, is an appropriate minimum requirement for aviation safety; and
“(6) closure of existing landfills (due to concerns about aviation safety) should be avoided because of the likely disruption to those who use and depend on such landfills.”
