Safety Recommendation A-13-020

We note that, on May 19, 2011, the DOI’s Bureau of Land Management (BLM) and the US Department of Agriculture’s (USDA’s) Forest Service jointly published Interagency Aviation Safety Alert 11-01, and, on May 15, 2009, published Interagency Aviation Accident Prevention Bulletin 09-04. These documents alert pilots to the hazards associated with METs and ask pilots to add the location of any obstacles that are not already annotated on local hazards maps. In addition, we note that the BLM has recommended that BLM realty offices be included in future DOI Office of Aviation Safety aviation program evaluations to keep pilots informed.

Although we believe the published interagency alert and bulletin contain useful information for pilots, we point out that the intent of this recommendation is to ensure that MET builders review the guidance contained in the Federal Aviation Administration’s (FAA’s) Advisory Circular (AC) 70/7460. We believe that, given the DOI’s role in reviewing and approving applications to build METs, your organization can help increase builders’ awareness about the importance of marking METs.

This recommendation was also issued to the USDA and, on November 22, 2021, the USDA informed us that Forest Service staff, who are responsible for reviewing and approving special use applications on National Forest System lands, refer applicants requesting to build METs to the FAA’s AC 70/7460-1. We believe the DOI can—and should—take similar action.

If you have any questions about the intent of this recommendation, please contact Mr. Nathan Hoyt. In the meantime, pending the DOI’s completion of the recommended action, Safety Recommendation A-13-20 is classified OPEN-- UNACCEPTABLE RESPONSE.

From Grant Beebe, Assistant Director, Fire and Aviation, Bureau of Land Management, Dept. of the Interior: Thank you for your July 9, 2021, letter to Secretary of the Interior Deb Haaland regarding the National Transportation Safety Board’s (NTSB) Safety Recommendation A-13-20 to the Department of the Interior (Department). The Secretary asked that I respond on her behalf, and I apologize for the delay.

The May 15, 2013, Recommendation was provided to the Department as a result of your investigation of the January 10, 2011, crash of a Rockwell International S-2R, which impacted an unmarked and unlighted meteorological evaluation tower (MET) during an aerial seed application flight in Oakley, California. After careful review, it was determined that the accident WPR11LA094 did not occur on Bureau of Land Management (BLM) or Department-managed lands. The accident occurred on private land with a temporary permit issued by Contra Costa County. The Department and the U.S.

Forest Service (USFS) previously recognized the need for enhanced visual recognition of METs and published the May 19, 2011, Interagency Aviation Safety Alert 11-01 to increase awareness (https://www.doi.gov/sites/doi.gov/files/migrated/aviation/safety/upload/IASA_2011-01.pdf). The Department and USFS also previously issued a May 15, 2009, Interagency Aviation Accident Prevention Bulletin 09-04 regarding Hazard Map Preparation to ensure flight hazard maps are up-to- date and show all new, as well as existing, hazards to include METs (https://www.doi.gov/sites/doi.gov/files/migrated/aviation/safety/upload/IAAPB_2009-04.pdf).

The Department and the BLM recommend that future DOI Office of Aviation Safety aviation program evaluations include BLM Realty Offices in order to best inform pilots and improve aviation operations in the vicinity of METs. We are committed to providing trusted data to ensure the safe and efficient use of airspace and look forward to continuing to work with you on this important issue.

We are pleased that USDA Forest Service staff, who are responsible for reviewing and approving special use applications on National Forest System lands, refer applicants requesting to build METs to the Federal Aviation Administration’s (FAA’s) Advisory Circular 70/7460-1. We note that, in 2022, you plan to update your special use directives to require METs over 100 feet to meet current FAA marking and lighting standards. You also plan to update your wind energy directive to reference Advisory Circular 70/7460-1. Your actions satisfy Safety Recommendation A-13-20, which is classified CLOSED-- ACCEPTABLE ACTION.

Thank you for your commitment to transportation safety.

-From Thomas J. Vilsack, Secretary: Thank you for your letter of June 30, 2021, from former Chairman Robert L. Sumwalt, III, on behalf of the National Transportation Safety Board, regarding the U.S. Department of Agriculture’s (USDA’s) implementation of the Board’s Safety Recommendation A-13-20 (Safety Recommendation) concerning marking and lighting of meteorological towers (METs) on National Forest System (NFS) lands. I apologize for the delayed response.

USDA is committed to the safety of those using and occupying National Forest System lands. To fulfill USDA’s response to the Board’s Safety Recommendation, USDA’s Forest Service notified field staff responsible for evaluating proposals and applications for special uses, including METs, on NFS lands to refer proponents for METs to the Federal Aviation Administration’s (FAA’s) standards in Advisory Circular 70/7460-1M, Obstruction Marking and Lighting (Advisory Circular). The Advisory Circular was uploaded to the Forest Service’s special uses SharePoint site.

This site is accessible by all Forest Service special uses administrators and used for disseminating pertinent resource-related information. I apologize that these actions were not reported to you previously; however, please note that the Forest Service has no METs currently authorized on NFS lands.

Also, in response to the Board’s Safety Recommendation, the Forest Service plans to revise its special uses directives in 2022 to include a standard clause that requires METs above 100 feet to meet current FAA standards for obstruction marking and lighting. The Forest Service will concurrently update FAA lighting requirements in the Forest Service’s wind energy directive to include references to the Advisory Circular.

Thank you for your letter and the Board’s partnership on this and other safety concerns. If you have any questions or recommendations, please contact Chris French, Deputy Chief for the National Forest System.

We issued this recommendation because we believe that, given the DOI’s role in reviewing and approving applications to build METs, your organization can help increase builders’ awareness about the safety issues for low-flying airplanes, and you can improve MET marking by directing applicants to the Federal Aviation Administration’s Advisory Circular 70/7460. However, to date, we have not received any information from you regarding any planned or completed actions you have taken to address the recommendation. Pending the DOI’s completion of the recommended action, Safety Recommendation A-13-20 remains classified OPEN-- AWAIT RESPONSE. Copies of previous correspondence are enclosed.

We normally expect actions to address our recommendations to be completed within 3 to 5 years. It has now been over 8 years since this recommendation was issued, and we have not received any information regarding your actions to implement it. We would appreciate receiving a response from you within 90 days regarding actions that you have completed or planned to address this recommendation. Please update us at ExecutiveSecretariat@ntsb.gov on your progress toward implementing this recommendation, and do not submit both an electronic and a hard copy of the same response.

Thank you in advance for your prompt response and for your commitment to aviation safety.

In your July 15, 2015, letter, you said that the US Forest Service planned to notify its staff who are responsible for reviewing and approving applications to build METs to direct applicants and permit holders to review AC 70/7460-1, and provide a supplemental clause that requires those wanting to build METs above 100 feet to review Federal Aviation Administration standards for marking and lighting. On September 16, 2015, we said that we were encouraged to learn of these plans, and we asked that you confirm to us once those actions were complete. Pending confirmation, Safety Recommendation A-13-20 was classified “Open—Acceptable Response.” Copies of previous correspondence are enclosed.

We normally expect actions to address our recommendations to be completed within 3 to 5 years. It has now been over 8 years since this recommendation was issued, and we have not received any additional information regarding your actions to implement it. We would appreciate receiving a response from you within 90 days regarding actions that you have completed or planned to address this recommendation. Please update us at ExecutiveSecretariat@ntsb.gov on your progress toward implementing this recommendation, and do not submit both an electronic and a hard copy of the same response.

Thank you in advance for your prompt response and for your commitment to aviation safety.

We are pleased to learn that the DoD Clearinghouse (1) directs applicants who request a review of a MET siting location to review AC 70/7460-1 and (2) has developed a fact sheet on METs that provides additional information and resources on this important safety issue. Your actions satisfy Safety Recommendation A-13-20, which is classified CLOSED—ACCEPTABLE ACTION.

We are encouraged to learn that the US Forest Service plans to (1) notify its staff who are responsible for the review and approval of applications to build METs to direct applicants and permit holders to review AC 70/7460-1 and (2) provide a supplemental clause that requires applicants for structures above 100 feet to review FAA standards for marking and lighting. We look forward to receiving confirmation from you once these actions are complete. In the meantime, Safety Recommendation A-13-20 is classified OPEN—ACCEPTABLE RESPONSE.

-From John Conger, Performing the Duties of the Assistant Secretary of Defense (Energy, Installations and Environment): I am responding to your May 4, 20 15, letter to Secretary Carter regarding public notification of the Federal Aviation Administration's (FAA) Advisory Circular on Meteorological Evaluation Tower (MET) Safety. Specifically, you asked for a response to your recommendation:

As part of your organization's review and approval of applications to build meteorological evaluation towers, provide a copy or direct applicants to Advisory Circular [AC] 70/7460- 1, "Obstruction Marking and Lighting " The Department of Defense (DoD) Siting Clearinghouse oversees the process to review proposed obstructions for impacts to flight safety and military operations. These reviews occur through our participation in the FAA's Obstruction Evaluation Process. In these cases, the FAA has implemented procedures to notify its applicants directly about the advisory.

While DoD does not have direct approval authority over the siting of METs proposed on non-DoD land, we do perform informal reviews of projects for mission compatibility challenges.

In the event that we receive a request for an informal review of a MET siting location, the Clearinghouse response includes the fol lowing text:

The National Transportation Safety Board has asked that we direct all potential builders of METs to review the FAA's Advisory Circular [AC] 70/7460-1, "Obstruction Marking and Lighting" which can be found at: www.faa.gov/regulations_policies/advisory _circulars/. Additionally, we share the enclosed fact sheet with industry to help increase awareness of the Advisory Circular.

-From Thomas J. Vilsack, Secretary: Thank you for your letter of May 4, 2015, requesting action by the U.S. Department of Agriculture's Forest Service in response to the National Transportation Safety Board's (NTSB) Safety Recommendation A-13-20, which addresses aircraft safety related to meteorological evaluation towers. I apologize for the delayed response.

Public safety on, near, or in the airspace above National Forest System land is a chief concern of the Forest Service, and we strongly support NTSB and Federal Aviation Administration (FAA) efforts to prevent aircraft collisions with meteorological evaluation towers. Currently, the Forest Service mandates that holders of authorizations for meteorological towers strictly adhere to all Federal, State, and local rules governing safety. Furthermore, authorization holders are required to promptly cease or reduce as completely as possible any activity or condition, which causes or threatens to cause a hazard to public health and safety.

To address Safety Recommendation A-13-20, the Forest Service will within 60 days: 1. Notify staff responsible for review and approval of applications to direct applicants and holders of permits for meteorological evaluation towers to review FAA Advisory Circular 70/7460-1, "Obstruction Marking and Lighting." 2. Provide a supplemental safety clause, which requires applicants for structures above 100 feet to review FAA standards for marking and lighting.

Again, thank you for writing. We hope these actions will help to reduce the potential for aircraft accidents on public lands.

In our May 15, 2013, letter issuing this recommendation, we pointed out that agencies such as the DOI’s Bureau of Land Management have established or proposed wind energy policy and have created for developers who use METs guidance specific to the agencies’ areas of oversight. We issued this recommendation because we believe that, as part of the review and approval of applications to build METs, your organization can help increase awareness among builders about the safety issue for low-flying airplanes and can promote the consistent marking of these structures by providing a copy or directing applicants to the Federal Aviation Administration’s (FAA) AC 70/7460 1.

The FAA recently informed us that it will soon publish a revision to AC 70/7460-1; however, to date, we have not received any information from you regarding any actions you have taken or plan to take to address Safety Recommendation A-13-20. Accordingly, we ask that you provide us, within 90 days of receiving this letter, an update on such actions. For your reference, a copy of our May 15, 2013, letter issuing the recommendation is enclosed. Pending your timely reply, Safety Recommendation A-13-20 will retain its current classification, which is OPEN—AWAIT RESPONSE.

In our May 15, 2013, letter issuing this recommendation, we pointed out that agencies such as the US Forest Service within the Department of Agriculture have established or proposed wind energy policy, and have created for developers who use METs guidance specific to the agencies’ areas of oversight. We issued this recommendation because we believe that, as part of the review and approval of applications to build METs, your organization can help increase awareness among builders about the safety issue for low-flying airplanes and can promote the consistent marking of these structures by providing a copy or directing applicants to the Federal Aviation Administration’s (FAA) AC 70/7460 1.

The FAA recently informed us that it will soon publish a revision to AC 70/7460-1; however, to date, we have received no information from you regarding any actions you have taken or plan to take to address Safety Recommendation A-13-20. Accordingly, we ask that you provide us, within 90 days of receiving this letter, an update on such actions. For your reference, a copy of our May 15, 2013, letter issuing the recommendation is enclosed. Pending your timely reply, Safety Recommendation A-13-20 will retain its current classification, which is OPEN—AWAIT RESPONSE.

In our May 15, 2013, letter issuing this recommendation, we pointed out that ome agencies of the federal government have established or proposed wind energy policy, and have created for developers who use METs guidance specific to the agencies’ areas of oversight. We issued this recommendation because we believe that, as part of the review and approval of applications to build METs, the Department of Defense can help increase awareness among builders about the safety issue for low-flying airplanes and can promote the consistent marking of these structures by providing a copy or directing applicants to the Federal Aviation Administration’s (FAA) AC 70/7460 1.

The FAA recently informed us that it will soon publish a revision to AC 70/7460-1; however, to date, we have not received any information from you regarding any actions you have taken or plan to take to address Safety Recommendation A-13-20. Accordingly, we ask that you provide us, within 90 days of receiving this letter, an update on such actions. For your reference, a copy of our May 15, 2013, letter issuing the recommendation is enclosed. Pending your timely reply, Safety Recommendation A-13-20 will retain its current classification, which is OPEN—AWAIT RESPONSE.