[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]
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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.
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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 http://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 http://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 http://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
http://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\
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\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.''
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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.
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\2\ 14 CFR 1.1 defines an airship as, ``an engine-driven
lighter-than-air aircraft that can be steered.''
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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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