Historical and Revision Notes
Aug. 23, 1958, Pub. L. 85–726, § 1101, 72 Stat. 797; restated Dec. 30, 1987, Pub. L. 100–223, § 206 (less (b)), 101 Stat. 1521; Oct. 31, 1992, Pub. L. 102–581, § 203(a), 106 Stat. 4890.
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 (b)(1), before clause (A), the word “thoroughly” is omitted as surplus.
References in Text
The date of the enactment of this subsection, referred to in subsec. (d), probably means the date of enactment of Pub. L. 106–181, which amended subsec. (d) generally, and which was approved Apr. 5, 2000.
2018—Subsec. (b)(1). Pub. L. 115–254, § 539(h)(1), substituted “air or space navigation facilities and equipment” for “air navigation facilities and equipment” in introductory provisions.
Subsec. (b)(1)(A)(vi), (vii). Pub. L. 115–254, § 539(h)(2), added cl. (vi) and redesignated former cl. (vi) as (vii).
Subsec. (h)(1). Pub. 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). Pub. 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). Pub. L. 115–91, § 311(b)(2), inserted “and in accordance with section 183a(e) of title 10” after “conducted under subsection (b)” in introductory provisions.
Subsec. (g). Pub. L. 115–91, § 311(e)(2), added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 115–91, § 311(b)(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). Pub. L. 115–91, § 311(e)(1), redesignated subsec. (g) as (h).
2016—Pub. L. 114–328, § 341(a)(4)(A), inserted “or national security” after “air commerce” in section catchline.
Subsec. (a)(3). Pub. L. 114–328, § 341(a)(1), added par. (3).
Subsec. (b). Pub. L. 114–328, § 341(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to studies by Secretary to determine obstruction of airspace by newly contructed or altered structures.
Subsec. (b)(1). Pub. L. 114–248, § 1(a)(1), substituted “air or space navigation facilities and equipment” for “air navigation facilities and equipment” in introductory provisions.
Subsec. (b)(1)(F). Pub. L. 114–248, § 1(a)(2)–(4), added subpar. (F).
Subsecs. (f), (g). Pub. L. 114–328, § 341(a)(3), added subsecs. (f) and (g).
2011—Subsec. (e). Pub. L. 112–81 added subsec. (e).
2000—Subsec. (d). Pub. L. 106–181 amended heading 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). Pub. L. 104–264 added subsec. (d).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. 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 Pub. L. 104–264, set out as a note under section 106 of this title.
Pub. L. 114–248, § 1(b), 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].”
Pub. L. 114–190, title II, § 2110, July 15, 2016, 130 Stat. 623, as amended by Pub. L. 115–254, div. B, title V, § 576, Oct. 5, 2018, 132 Stat. 3391, provided that:
“(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—
clearly marked consistent with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL); or
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).
“(1)In general.—In this section, the following definitions apply:
“(A) Covered tower.—
“(i)In general.—The term ‘covered tower’ means a structure that—
is a meteorological evaluation tower, a self-standing tower, or tower supported by guy wires and ground anchors;
is 10 feet or less in diameter at the above-ground base, excluding concrete footing;
at the highest point of the structure is at least 50 feet above ground level;
at the highest point of the structure is not more than 200 feet above ground level;
has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted; and
“(VI) is located on land that is—
used for agricultural purposes or immediately adjacent to such land.
“(ii)Exclusions.—The term ‘covered tower’ does not include any structure that—
is adjacent to a house, barn, electric utility station, or other building;
is within the curtilage of a farmstead or adjacent to another building or visible structure;
supports electric utility transmission or distribution lines;
is a wind-powered electrical generator with a rotor blade radius that exceeds 6 feet;
is a street light erected or maintained by a Federal, State
, local, or tribal entity
is designed and constructed to resemble a tree or visible structure other than a tower;
is an advertising billboard;
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;
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
is determined by the Administrator to pose no hazard to air navigation; or
has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise approved by the Administrator.
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.
The Administrator shall define such other terms as may be necessary to carry out this section.
“(c)Database.—The Administrator shall—
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;
keep the database current to the extent practicable;
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—
may only be used for aviation safety purposes; and
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;
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;
ensure that information in the dataset is encrypted at rest and in transit and is protected from unauthorized access and acquisition;
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;
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;
ensure that pilots
who intend to conduct low-altitude operations in locations described in subsection (b)(1)(A)(i)(VI) consult the relevant parts of the database before conducting such operations; and
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—
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;
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;
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
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.
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
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 Operations
Pub. L. 111–383, div. A, title III, § 358, Jan. 7, 2011, 124 Stat. 4198, as amended by Pub. L. 112–81, div. A, title III, § 331, Dec. 31, 2011, 125 Stat. 1369; Pub. L. 112–239, div. A, title X, § 1076(b)(1), Jan. 2, 2013, 126 Stat. 1949; Pub. 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 Pub. L. 115–91, div. A, title III, § 311(b)(1), Dec. 12, 2017, 131 Stat. 1347. See section 183a of Title 10, Armed Forces.
Landfills Interfering With Air Commerce
Pub. L. 106–181, title V, § 503(a), Apr. 5, 2000, 114 Stat. 133, provided that:
“Congress finds that—
collisions between aircraft
and birds have resulted in fatal accidents;
bird strikes pose a special danger to smaller aircraft
landfills near airports
pose a potential hazard to aircraft
operating there because they attract birds;
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;
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
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.”