49 U.S.C. § 44718 — Structures interfering with air com-

Page 1357 TITLE 49—TRANSPORTATION § 44718 provide foreign air transportation to and from the United States; and (B) will provide passengers of those foreign air carriers with the same level of safety that will be provided passengers of air carriers by carrying out this section. (2) Not later than September 30, 1994, the Ad- ministrator shall report to Congress on carrying out this subsection. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1199.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44717(a) ...... 49 App.:1421 (note). Oct. 28, 1991, Pub. L. 102–143, §§ 402(a), (b)(1), (c)–(e), 405, 105 Stat. 951, 952. 44717(b) ...... 49 App.:1421 (note). Oct. 28, 1991, Pub. L. 102–143, § 402(b)(2), (3), 105 Stat. 951. 44717(c) ...... 49 App.:1421 (note). Oct. 28, 1991, Pub. L. 102–143, § 403, 105 Stat. 952. 44717(d) ...... 49 App.:1421 (note). Oct. 28, 1991, Pub. L. 102–143, § 404, 105 Stat. 952. In subsections (a) and (c), before clause (1), the words ‘‘Not later than 180 days after the date of the enact- ment of this title’’ are omitted as obsolete. In subsection (a), before clause (1), the text of section 405 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 952) is omitted as surplus because the com- plete name of the Administrator of the Federal Avia- tion Administration is used the first time the term ap- pears in a section. The word ‘‘regulations’’ is sub- stituted for ‘‘rule’’ because the terms are synonymous. In clauses (2)–(4), the words ‘‘required by the rule’’ are omitted as surplus. In clause (2), the words ‘‘structure, skin, and other’’ are omitted as surplus. In clause (3), the words ‘‘inspection, maintenance, and other’’ are omitted as surplus. In subsection (c)(1), the word ‘‘Administrator’’ is sub- stituted for ‘‘Federal Aviation Administration’’ for consistency in the revised title. In subsection (d)(1), before clause (A), the words ‘‘gov- ernments of foreign countries’’ are substituted for ‘‘for- eign governments’’ for consistency in the revised title and with other titles of the United States Code. § 44718. Structures interfering with air com- merce or national security (a) NOTICE.—By regulation or by order when necessary, the Secretary of Transportation shall require a person to give adequate public notice, in the form and way the Secretary prescribes, of the construction, alteration, establishment, or expansion, or the proposed construction, alter- ation, establishment, or expansion, of a struc- ture or sanitary landfill when the notice will promote— (1) safety in air commerce; (2) the efficient use and preservation of the navigable airspace and of airport traffic capac- ity at public-use airports; or (3) the interests of national security, as de- termined by the Secretary of Defense. (b) STUDIES.— (1) IN GENERAL.—Under regulations pre- scribed by the Secretary, if the Secretary de- cides that constructing or altering a structure may result in an obstruction of the navigable airspace, an interference with air or space navigation facilities and equipment or the navigable airspace, or, after consultation with the Secretary of Defense, an adverse impact on military operations and readiness, the Sec- retary of Transportation shall conduct an aeronautical study to decide the extent of any adverse impact on the safe and efficient use of the airspace, facilities, or equipment. In con- ducting the study, the Secretary shall— (A) consider factors relevant to the effi- cient and effective use of the navigable air- space, including— (i) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules; (ii) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules; (iii) the impact on existing public-use airports and aeronautical facilities; (iv) the impact on planned public-use airports and aeronautical facilities; (v) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the im- pact of other existing or proposed struc- tures; (vi) the impact on launch and reentry for launch and reentry vehicles arriving or de- parting from a launch site or reentry site licensed by the Secretary of Transpor- tation; and (vii) other factors relevant to the effi- cient and effective use of navigable air- space; and (B) include the finding made by the Sec- retary of Defense under subsection (f). (2) REPORT.—On completing the study, the Secretary of Transportation shall issue a re- port disclosing the extent of the— (A) adverse impact on the safe and effi- cient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure; and (B) unacceptable risk to the national secu- rity of the United States, as determined by the Secretary of Defense under subsection (f). (3) SEVERABILITY.—A determination by the Secretary of Transportation on hazard to air navigation under this section shall remain independent of a determination of unaccept- able risk to the national security of the United States by the Secretary of Defense under subsection (f). (c) BROADCAST APPLICATIONS AND TOWER STUD- IES.—In carrying out laws related to a broadcast application and conducting an aeronautical study related to broadcast towers, the Adminis- trator of the Federal Aviation Administration and the Federal Communications Commission shall take action necessary to coordinate effi- ciently— (1) the receipt and consideration of, and ac- tion on, the application; and (2) the completion of any associated aero- nautical study. (d) LIMITATION ON CONSTRUCTION OF LAND- FILLS.— (1) IN GENERAL.—No person shall construct or establish a municipal solid waste landfill Page 1358 TITLE 49—TRANSPORTATION § 44718 (as defined in section 258.2 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of this subsection) that re- ceives putrescible waste (as defined in section 257.3–8 of such title) within 6 miles of a public airport that has received grants under chapter 471 and is primarily served by general aviation aircraft and regularly scheduled flights of air- craft designed for 60 passengers or less unless the State aviation agency of the State in which the airport is located requests that the Administrator of the Federal Aviation Admin- istration exempt the landfill from the applica- tion of this subsection and the Administrator determines that such exemption would have no adverse impact on aviation safety. (2) LIMITATION ON APPLICABILITY.—Paragraph (1) shall not apply in the State of Alaska and shall not apply to the construction, establish- ment, expansion, or modification of, or to any other activity undertaken with respect to, a municipal solid waste landfill if the construc- tion or establishment of the landfill was com- menced on or before the date of the enactment of this subsection. (e) REVIEW OF AERONAUTICAL STUDIES.—The Administrator of the Federal Aviation Adminis- tration shall develop procedures to allow the De- partment of Defense and the Department of Homeland Security to review and comment on an aeronautical study conducted pursuant to subsection (b) prior to the completion of the study. (f) NATIONAL SECURITY FINDING.—As part of an aeronautical study conducted under subsection (b) and in accordance with section 183a(e) of title 10, the Secretary of Defense shall— (1) make a finding on whether the construc- tion, alteration, establishment, or expansion of a structure or sanitary landfill included in the study would result in an unacceptable risk to the national security of the United States; and (2) transmit the finding to the Secretary of Transportation for inclusion in the report re- quired under subsection (b)(2). (g) SPECIAL RULE FOR IDENTIFIED GEOGRAPHIC AREAS.—In the case of a proposed structure to be located within a geographic area identified under section 183a(d)(2)(B) of title 10, the Sec- retary of Transportation may not issue a deter- mination pursuant to this section until the Sec- retary of Defense issues a finding under section 183a(e) of title 10, the Secretary of Defense ad- vises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming, or 180 days have lapsed since the project was filed with the Secretary of Trans- portation pursuant to this section, whichever occurs first. (h) DEFINITIONS.—In this section, the terms ‘‘adverse impact on military operations and readiness’’ and ‘‘unacceptable risk to the na- tional security of the United States’’ have the meaning given those terms in section 183a(h) of title 10. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1200; Pub. L. 104–264, title XII, § 1220(a), Oct. 9, 1996, 110 Stat. 3286; Pub. L. 106–181, title V, § 503(b), Apr. 5, 2000, 114 Stat. 133; Pub. L. 112–81, div. A, title III, § 332, Dec. 31, 2011, 125 Stat. 1369; Pub. L. 114–248, § 1(a), Nov. 28, 2016, 130 Stat. 998; Pub. L. 114–328, div. A, title III, § 341(a)(1)–(4)(A), Dec. 23, 2016, 130 Stat. 2079–2081; Pub. L. 115–91, div. A, title III, § 311(b)(2), (3), (e), Dec. 12, 2017, 131 Stat. 1347, 1348; Pub. L. 115–232, div. A, title X, § 1081(e)(2), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 115–254, div. B, title V, § 539(h), Oct. 5, 2018, 132 Stat. 3371; Pub. L. 118–63, title XI, § 1101(m), May 16, 2024, 138 Stat. 1414.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44718(a) ...... 49 App.:1501(a). Aug. 23, 1958, Pub. L. 85–726, § 1101, 72 Stat. 797; re- stated 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. 44718(b) ...... 49 App.:1501(b). 44718(c) ...... 49 App.:1501(c). In subsection (a), before clause (1), the words ‘‘(here- inafter in this section referred to as the ‘Secretary’)’’ and ‘‘where necessary’’ are omitted as surplus. In subsection (b)(1), before clause (A), the word ‘‘thor- oughly’’ is omitted as surplus. Editorial Notes 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. AMENDMENTS 2024—Subsec. (h). Pub. L. 118–63 amended subsec. (h) generally. Prior to amendment, subsec. (h) defined ‘‘ad- verse impact on military operations and readiness’’ and ‘‘unacceptable risk to the national security of the United States’’. 2018—Subsec. (b)(1). Pub. L. 115–254, § 539(h)(1), sub- stituted ‘‘air or space navigation facilities and equip- ment’’ 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), sub- stituted ‘‘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), sub- stituted ‘‘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 na- tional security’’ after ‘‘air commerce’’ in section catch- line. Subsec. (a)(3). Pub. L. 114–328, § 341(a)(1), added par. (3). Subsec. (b). Pub. L. 114–328, § 341(a)(2), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) re- lated 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 introduc- tory provisions. Page 1359 TITLE 49—TRANSPORTATION § 44718 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 sub- secs. (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 in- compatible with aircraft operations at the airport, un- less the landfill is already active on such date of enact- ment or the airport operator agrees to the construction or establishment of the landfill.’’ 1996—Subsec. (d). Pub. L. 104–264 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment 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 end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. TOWER MARKING NOTICE OF PROPOSED RULEMAKING Pub. 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 Ad- ministrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking to imple- ment section 2110 of the FAA Extension, Safety, and Security Act of 2016 [Pub. L. 114–190] (49 U.S.C. 44718 note). ‘‘(b) 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 Com- mittee on Transportation and Infrastructure of the House of Representatives] an annual report on the sta- tus 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.’’ RULEMAKING Pub. L. 114–248, § 1(b), Nov. 28, 2016, 130 Stat. 998, pro- vided 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 AIRPORTS Pub. 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 Administra- tion] 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 con- struction 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 ca- pacity of an airport, flight procedure minimums or availability, or aircraft takeoff or landing capabili- ties. ‘‘(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 spe- cial visual flight rule procedures established by Let- ters 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 nec- essary for achieving the objectives and utilization of the projects and plans. ‘‘(b) 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 prop- erty, without regard to whether a proposed construc- tion or alteration within 3 miles of the end of a run- way of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the air- port is limited to a singular location on a property. ‘‘(2) If there are any changes to such designs or ad- dition of equipment, such as cranes used to construct a building, after submission of such a notice, all in- formation 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 ter- minated, 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 determina- tion has expired. ‘‘(d) AUTHORITY TO CONSOLIDATE OEI SURFACE CRI- TERIA.—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 air- port, on the development of such surface criteria. ‘‘(e) DEVELOPMENT OF POLICIES TO PROTECT OEI SUR- FACES.—Not later than 6 months after the date of en- actment 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 In- frastructure of the House of Representatives] regarding the status of the efforts of the FAA to protect One En- gine Inoperative surfaces from encroachment at United States certificated and federally obligated airports, in- cluding the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Air- port Airspace Analysis processes. ‘‘(f) AUTHORITY TO CONSULT WITH OTHER AGENCIES.— The Administrator may consult with other Federal, Page 1360 TITLE 49—TRANSPORTATION § 44718 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 con- verging intersecting cross runway operations within 12 nautical miles of an Air Force base.’’ TOWER MARKING 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: ‘‘(a) APPLICATION.— ‘‘(1) IN GENERAL.—Except as provided by paragraph (2), not later than 18 months after the date of enact- ment of the FAA Reauthorization Act of 2018 [Oct. 5, 2018] or the date of availability of the database devel- oped by the Administrator pursuant to subsection (c), whichever is later, all covered towers shall be ei- ther— ‘‘(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 sub- section (c). ‘‘(2) METEOROLOGICAL EVALUATION TOWER.—A cov- ered tower that is a meteorological evaluation tower shall be subject to the requirements of subparagraphs (A) and (B) of paragraph (1). ‘‘(b) DEFINITIONS.— ‘‘(1) IN GENERAL.—In this section, the following defi- nitions 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 an- tenna, sensor, camera, meteorological instru- ment, or other equipment is mounted; and ‘‘(VI) is located on land that is— ‘‘(aa) in a rural area; and ‘‘(bb) used for agricultural purposes or im- mediately adjacent to such land. ‘‘(ii) EXCLUSIONS.—The term ‘covered tower’ does not include any structure that— ‘‘(I) is adjacent to a house, barn, electric util- ity station, or other building; ‘‘(II) is within the curtilage of a farmstead or adjacent to another building or visible struc- ture; ‘‘(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 Com- munications Commission under the Antenna Structure Registration program set forth under part 17 of title 47, Code of Federal Regulations; and ‘‘(bb) 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 other- wise 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 ‘agricul- tural purposes’ means farming in all its branches and the cultivation and tillage of the soil, the pro- duction, cultivation, growing, and harvesting of any agricultural or horticultural commodities per- formed 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 sub- section (a), the owner or operator of such tower elects not to mark (unless the Administrator has deter- mined that there is a significant safety risk requiring that the tower be marked), except that meteorolog- ical evaluation towers shall be marked and contained in the database; ‘‘(2) keep the database current to the extent prac- ticable; ‘‘(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 data- base, users agree and acknowledge that information in the database— ‘‘(A) may only be used for aviation safety pur- poses; and ‘‘(B) may not be disclosed for purposes other than aviation safety, regardless of whether or not the in- formation is marked or labeled as proprietary or with a similar designation; ‘‘(5) ensure that the tower information in the data- base is de-identified and that the information only in- cludes 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 data- base pursuant to subsection (c)(1) and constructed after the date on which the database is fully oper- ational is submitted by its owner to the FAA for in- clusion in the database before its construction; ‘‘(9) ensure that pilots who intend to conduct low- altitude operations in locations described in sub- section (b)(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 cov- ered 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 ex- istence or alternative marking methods or tech- nologies that maintains a tower’s level of conspicu- ousness to a degree which adequately maintains the safety of the airspace; and Page 1361 TITLE 49—TRANSPORTATION § 44720 ‘‘(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 Com- mission, periodically review any regulations or guid- ance 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 safe- ty of low-altitude aircraft operations. ‘‘(f) FCC REGULATIONS.—The Federal Communica- tions Commission shall amend section 17.7 of title 47, Code of Federal Regulations, to require a notification to the Federal Aviation Administration for any con- struction or alteration of an antenna structure, as de- fined in section 17.2(a) of title 47, Code of Federal Regu- lations, that is a covered tower as defined by this sec- tion.’’ STUDY OF EFFECTS OF NEW CONSTRUCTION OF OB- STRUCTIONS ON MILITARY INSTALLATIONS AND OPER- ATIONS 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— ‘‘(1) collisions between aircraft and birds have re- sulted 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 ap- proach 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 require- ment 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.’’ § 44719. Standards for navigational aids The Secretary of Transportation shall pre- scribe regulations on standards for installing navigational aids, including airport control tow- ers. For each type of facility, the regulations shall consider at a minimum traffic density (number of aircraft operations without consider- ation of aircraft size), terrain and other obsta- cles to navigation, weather characteristics, pas- sengers served, and potential aircraft operating efficiencies. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1201.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 44719 .......... 49 App.:1348 (note). Dec. 30, 1987, Pub. L. 100–223, § 308, 101 Stat. 1526. The words ‘‘Not later than December 31, 1988’’ are omitted as obsolete. § 44720. Meteorological services (a) RECOMMENDATIONS.—The Administrator of the Federal Aviation Administration shall make recommendations to the Secretary of Commerce on providing meteorological services necessary for the safe and efficient movement of aircraft in air commerce. In providing the services, the Secretary shall cooperate with the Adminis- trator and give complete consideration to those recommendations. (b) PROMOTING SAFETY AND EFFICIENCY.—To promote safety and efficiency in air navigation to the highest possible degree, the Secretary shall— (1) observe, measure, investigate, and study atmospheric phenomena, and maintain mete- orological stations and offices, that are nec- essary or best suited for finding out in advance information about probable weather condi- tions; (2) provide reports to the Administrator, to persons engaged in civil aeronautics that are designated by the Administrator, and to other persons designated by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation; (3) cooperate with persons engaged in air commerce in meteorological services, main- tain reciprocal arrangements with those per- sons in carrying out this clause, and collect and distribute weather reports available from aircraft in flight; (4) maintain and coordinate international exchanges of meteorological information re- quired for the safety and efficiency of air navi- gation; (5) in cooperation with other departments, agencies, and instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in air commerce, participate in developing an inter- national basic meteorological reporting net- work, including the establishment, operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries; (6) coordinate meteorological requirements in the United States to maintain standard ob- servations, to promote efficient use of facili- ties, and to avoid duplication of services un- less the duplication tends to promote the safe- ty and efficiency of air navigation; and (7) promote and develop meteorological science and foster and support research projects in meteorology through the use of private and governmental research facilities and provide for publishing the results of the projects unless publication would not be in the public interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1201; Pub. L. 118–63, title XI, § 1101(n), May 16, 2024, 138 Stat. 1414.)