[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]


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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.

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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 (http://www.faa.gov/regulations/search);
    (2) Visiting FAA's Regulations and Policies web page at (http://www.faa.gov/regulations_policies); or
    (3) Accessing the Government Printing Office's web page at (http://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]
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