Oklahoma Aeronautics Commission Adopts Emergency Rules Requiring Marking of Wind Evaluation

The Oklahoma Aeronautics Commission is waiting on Gov. Mary Fallin's approval of a rule it passed to improve low-flying aircraft safety near towers used by the wind energy industry.

At its meeting in November, the commission adopted emergency rules designed to protect low-flying aircraft from towers used to measure and record wind speed.

Rules would require towers used for measuring wind speed as part of the wind power generation process to be marked, painted, and flagged for clear visibility. Towers 50 feet or taller would fall under the requirement.

The emergency rules need Fallin's signature before they would go into effect. She seems to be in favor of approving it.

“Anytime that we [have] the opportunity to minimize the risk of serious injury or death among the flying public, we should take the necessary actions to do that,” said Vic Bird, director of the Aeronautics Commission. “These rules will provide pilots such as crop dusters and emergency medical personnel with an added layer of safety.”

“Governor Fallin supports these new rules, which will increase safety for pilots by making these towers more easily visible," her communications director, Alex Weintz, said Friday. "Significant improvements have been made over the originally proposed legislation which the governor vetoed.”

Anemometer towers are used in a variety of industries, one being the planning stages of Wind Farms.

Wind energy companies use the towers, also called meteorological evaluation towers (METs), to measure wind speeds at potential sites for their turbines.

Oklahoma Aeronautics Commission spokesman Harve Allen said that he has not seen data on any changes in the number of anemometer towers in Oklahoma, but with the proliferation of the wind industry in the past few years the rules are needed.

The emergency rules are a result of last session's House Bill 3348, which state lawmakers passed in late May.

“HB3348 was in no way meant to stifle the growth of wind farms in our state. The wind industry plays an important role in bringing alternative energy solutions to the state as well as creating jobs. We appreciate the dialogue and input both the wind and agriculture industries provided during this whole process,” Bird said.

Before legislation was introduced some groups within the agriculture community approached the commission expressing concern over the safety of low-flying aircraft, Allen said.

The concerns stemmed from a 2013 accident in the Oklahoma Panhandle when the pilot of a cropduster was killed when the aircradt crashed into an anemometer tower, Allen said.

The National Transportation Safety Board is also encouraging states to pass laws that would improve safety for low-flying aircraft from the relatively shorter towers, Allen said.

The Federal Aviation Administration does not regulate towers below 200 feet. Therefore those towers can be left unmarked and very difficult for pilots to see during the day.

Source:  http://www.tulsaworld.com