[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63276-63279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24729]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Interim Policy, FAA Review of Solar Energy System Projects on
Federally Obligated Airports
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of interim policy; opportunity to comment.
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SUMMARY: This notice establishes interim FAA policy for proposals by
sponsors of federally obligated airports to construct solar energy
systems on airport property. FAA is adopting an interim policy because
it is in the public interest to enhance safety by clarifying and adding
standards for measuring ocular impact of proposed solar energy systems
which are effective upon publication. FAA will consider comments and
make appropriate modifications before issuing a final policy. The
policy applies to any proposed on-airport solar energy system that has
not received from the FAA either an unconditional airport layout plan
approval or a ``no objection'' finding on a Notice of Proposed
Construction or Alteration Form 7460-1.
DATES: The effective date of this interim policy is October 23, 2013.
Comments must be received by November 22, 2013.
ADDRESSES: You can get an electronic copy of the interim policy and the
comment form on the FAA Airports Web site at http://www.faa.gov/airports/environmental/.
You can submit comments using the Comments Matrix, using any of the
following methods:
Electronic Submittal to the FAA: Go to http://www.faa.gov/airports/environmental/ and follow the instructions for sending your comments
electronically.
Mail: FAA Office of Airports, Office of Airport Planning and
Programming, Routing Symbol APP-400, 800 Independence Avenue SW., Room
615, Washington, DC 20591. Please send two copies.
Fax: 1-202-267-5302.
Hand Delivery: To FAA Office of Airports, Office of Airport
Planning and Programming, Routing Symbol APP-400, 800 Independence
Avenue SW., Room 615, Washington, DC 20591; between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Please provide two
copies.
For more information on the notice and comment process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://www.faa.gov/airports/environmental/, including any personal
information you provide.
Comments Received: To read comments received, go to http://www.faa.gov/airports/environmental/ at any time.
FOR FURTHER INFORMATION CONTACT: Ralph Thompson, Manager, Airport
Planning and Environmental Division, APP-400, Federal Aviation
Administration, 800 Independence Ave. SW., Washington, DC 20591,
telephone (202) 267-3263; facsimile (202) 267-5257; email:
[email protected].
SUPPLEMENTARY INFORMATION: The FAA invites interested persons to join
in this notice and comment process by filing written comments, data, or
views. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data.
Availability of Documents
You can get an electronic copy of this interim policy by visiting
the FAA's Airports Web page at http://www.faa.gov/airports/environmental/.
Authority for the Policy
This notice is published under the authority described in Subtitle
VII, part B, chapter 471, section 47122 of title 49 United States Code.
Background
There is growing 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).
In conjunction with the United States Department of Energy (DOE), the
FAA has determined that glint and glare from solar energy systems could
result in an ocular impact to pilots and/or air traffic control (ATC)
facilities and compromise the safety of the air transportation system.
While the FAA supports solar energy systems on airports, the FAA seeks
to ensure safety by eliminating the potential for ocular impact to
pilots and/or air traffic control facilities due to glare from such
projects.
The 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. The
standards that this working group developed are set forth in this
notice.
A sponsor of a federally-obligated airport must request FAA review
and approval to depict certain proposed solar installations (e.g.,
ground-based installations and collocated installations that increase
the footprint of the collocated building or structure) on its airport
layout plan (ALP), before construction begins.\1\ A sponsor of a
federally-obligated airport must notify the FAA of its intent to
construct any solar installation \2\ by filing FAA Form 7460-1,
``Notice of Proposed Construction or Alteration'' under 14 CFR Part 77
for a Non-Rulemaking case (NRA) 3 4. This includes the
intent to permit airport tenants, including Federal agencies, to build
such
[[Page 63277]]
installations. The sponsor's obligation to obtain FAA review and
approval to depict certain proposed solar energy installation projects
at an airport is found in 49 U.S.C. 47107(a)(16) and Sponsor Grant
Assurance 29, ``Airport Layout Plan.'' Under these latter provisions,
the sponsor may not make or permit any changes or alterations in the
airport or any of its facilities which are not in conformity with the
ALP as approved by the FAA and which might, in the opinion of the FAA,
adversely affect the safety, utility or efficiency of the airport.
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\1\ FAA Technical Guidance for Evaluating Selected Solar
Technologies on Airports, Section 2.3.5, states that ``solar
installations of any size, located on an airport, that are not
collocated on an existing structure (i.e., roof of an existing
building) and require a new footprint, need to be shown on the
Airport Layout Plan (ALP). Collocated solar installations need to be
shown on the ALP only if these installations substantially change
the footprint of the collocated building or structure. Available at:
http://www.faa.gov/airports/environmental/policy_guidance/media/airport_solar_guide_print.pdf. Title 49 of the United States Code
(USC), sec. 47107(a), requires, in part, a current ALP approved by
the FAA prior to the approval of an airport development project. See
Grant Assurance No. 29, AC No. 150/5070-6B, and FAA Order No.
5100.38.
\2\ Any solar installation means any ground-based solar energy
installation and those solar energy installations collocated with a
building or structure (i.e., rooftop installations).
\3\ FAA Technical Guidance for Evaluating Selected Solar
Technologies on Airports Section 3.1 reads in part ``All solar
projects at airports must submit to FAA a Notice of Proposed
Construction Form 7460 . . .''. This section further states ``Even
if the project will be roof mounted . . . the sponsor must still
submit a case'' [i.e., file a Form 7460-1].
\4\ The requirements of this policy are not mandatory for a
proposed solar installation that is not on an airport and for which
a form 7460-1 is filed under part 77 and is studied under the
Obstruction Evaluation Program. However, the FAA urges proponents of
off-airport solar-installations to voluntarily implement the
provisions in this policy.
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Airport sponsors and project proponents must comply with the
policies and procedures in this notice to demonstrate to the FAA that a
proposed solar energy system will not result in an ocular impact that
compromises the safety of the air transportation system. This process
enables the FAA to approve amendment of the ALP to depict certain solar
energy projects or issue a ``no objection'' finding to a filed 7460-1
form. The FAA expects to continue to update these policies and
procedures as part of an iterative process as new information and
technologies become available.
Solar energy systems located on an airport that is not federally-
obligated or located outside the property of a federally-obligated
airport are not subject to this policy. Proponents of solar energy
systems located off-airport property or on non-federally-obligated
airports are strongly encouraged to consider the requirements of this
policy when siting such systems.
This interim policy clarifies and adds standards for measurement of
glint or glare presented in the 2010 Technical Guidance document. Later
this year the FAA plans to publish an update to the ``Technical
Guidance for Evaluating Selected Solar Technologies on Airports,''
(hereinafter referred to as ``Technical Guidance'') dated November
2010. This update to the technical guidance will include the standards
for measuring glint and glare outlined in this notice. It will also
provide enhanced criteria to ensure the proper siting of a solar energy
installation to eliminate the potential for harmful glare to pilots or
air traffic control facilities.
In advance of the planned update, as part of this Notice, we are
clarifying one aspect of the Technical Guidance relating to airport
sponsor and FAA responsibilities for evaluating the potential for solar
energy systems installed on airports to either block, reflect, or
disrupt radar signals, NAVAIDS, and other equipment required for safe
aviation operations. Section 3.1 of the Technical Guidance, entitled
``Airspace Review,'' correctly states that this role is exclusively the
responsibility of FAA Technical Operations (Tech Ops). However
subsection 3.1.3, ``System Interference,'' states: ``[s]tudies
conducted during project siting should identify the location of radar
transmission and receiving facilities and other NAVAIDS, and determine
locations that would not be suitable for structures based on their
potential to either block, reflect, or disrupt radar signals.''
Reading the two sections together, what is meant is that the
airport sponsor, in siting a proposed solar energy system, is
responsible for limiting the potential for inference with
communication, navigation, and surveillance (CNS) facilities. The
sponsor should do so by ensuring that solar energy systems remain clear
of the critical areas surrounding CNS facilities. FAA Advisory Circular
(AC) 5300-13, ``Airport Design,'' Chapter 6, defines the critical areas
for common CNS facilities located on an airport. Sponsors may need to
coordinate with FAA Technical Operations concerning CNS facilities not
in AC 5300-13. As stated in Section 3.1, the FAA is responsible for
evaluating if there are any impacts to CNS facilities. The FAA will
conduct this review after the Form 7460-1 is filed for the construction
of a new solar energy system installation on an airport. In summary,
airport sponsors do not need to conduct studies on their own to
determine impacts to CNS facilities when siting a solar energy system
on airport. Section 3.1.3 will be revised accordingly in the next
version of the Technical Guidance.
Interim Policy Statement
The following sets forth the standards for measuring ocular impact,
the required analysis tool, and the obligations of the Airport Sponsor
when a solar energy system is proposed for development on a federally-
obligated airport.
The FAA is adopting an interim policy because it is in the public
interest to enhance safety by clarifying and adding standards for
measuring ocular impact of proposed solar energy systems. FAA will
consider comments and make appropriate modifications before issuing a
final policy in a future Federal Register Notice. The policy applies to
any proposed solar energy system that has not received unconditional
airport layout plan approval (ALP) or a ``no objection'' from the FAA
on a filed 7460-1, Notice of Proposed Construction or Alteration.
Standard for Measuring Ocular Impact
FAA adopts the Solar Glare Hazard Analysis Plot shown in Figure 1
below as the standard for measuring the ocular impact of any proposed
solar energy system on a federally-obligated airport. To obtain FAA
approval to revise an airport layout plan to depict a solar
installation and/or a ``no objection'' to a Notice of Proposed
Construction Form 7460-1, the airport sponsor will be required to
demonstrate that the proposed solar energy system meets the following
standards:
1. No potential for glint or glare in the existing or planned
Airport Traffic Control Tower (ATCT) cab, and
2. No potential for glare or ``low potential for after-image''
(shown in green in Figure 1) along the final approach path for any
existing landing threshold or future landing thresholds (including any
planned interim phases of the landing thresholds) as shown on the
current FAA-approved Airport Layout Plan (ALP). The final approach path
is defined as two (2) miles from fifty (50) feet above the landing
threshold using a standard three (3) degree glidepath.
Ocular impact must be analyzed over the entire calendar year in one
(1) minute intervals from when the sun rises above the horizon until
the sun sets below the horizon.
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[GRAPHIC] [TIFF OMITTED] TN23OC13.002
Tool To Assess Ocular Impact
In cooperation with the DOE, the FAA is making available free-of-
charge the Solar Glare Hazard Analysis Tool (SGHAT). The SGHAT was
designed to determine whether a proposed solar energy project would
result in the potential for ocular impact as depicted on the Solar
Glare Hazard Analysis Plot shown above.
The SGHAT employs an interactive Google map where the user can
quickly locate a site, draw an outline of the proposed solar energy
system, and specify observer locations (Airport Traffic Control Tower
cab) and final approach paths. Latitude, longitude, and elevation are
automatically recorded through the Google interface, providing
necessary information for sun position and vector calculations.
Additional information regarding the orientation and tilt of the solar
energy panels, reflectance, environment, and ocular factors are entered
by the user.
If glare is found, the tool calculates the retinal irradiance and
subtended source angle (size/distance) of the glare source to predict
potential ocular hazards ranging from temporary after-image to retinal
burn. The results are presented in a simple, easy-to-interpret plot
that specifies when glare will occur throughout the year, with color
codes indicating the potential ocular hazard. The tool can also predict
relative energy production while evaluating alternative designs,
layouts, and locations to identify configurations that maximize energy
production while mitigating the impacts of glare.
Users must first register for the use of the tool at this web
address: www.sandia.gov/glare.
Required Use of the SGHAT
As of the date of publication of this interim policy, the FAA
requires the use of the SGHAT to demonstrate compliance with the
standards for measuring ocular impact stated above for any proposed
solar energy system located on a federally-obligated airport. The SGHAT
is a validated tool specifically designed to measure glare according to
the Solar Glare Hazard Analysis Plot. All sponsors of federally-
obligated airports who propose to install or to permit others to
install solar energy systems on the airport must attach the SGHAT
report, outlining solar panel glare and ocular impact, for each point
of measurement to the Notice of Proposed Construction Form 7460-1. The
FAA will consider the use of alternative tools or methods on a case-by-
case basis. However, the FAA must approve the use of an alternative
tool or method prior to an airport sponsor seeking approval for any
proposed on-airport solar energy system. The alternative tool or method
must evaluate ocular impact in accordance with the Solar Glare Hazard
Analysis Plot.
Please contact the Office of Airport Planning and Programming,
Airport Planning and Environmental Division, APP-400, for more
information on the validation process for alternative tools or methods.
Airport sponsor obligations have been discussed above under
Background. We caution airport sponsors that under preexisting airport
grant compliance policy, failure to seek FAA review of a solar
installation prior to construction could trigger possible compliance
action under 14 CFR Part 16, ``Rules of Practice for Federally-Assisted
Airport Enforcement Proceedings.'' Moreover, if a solar installation
creates glare that interferes with aviation safety, the FAA could
require the airport to pay for the elimination of solar glare by
removing or relocating the solar facility.
[[Page 63279]]
Issued in Washington, DC, on September 27, 2013.
Benito De Leon,
Director, Office of Airport Planning and Programming.
[FR Doc. 2013-24729 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-13-P