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Clean Water Act NPDES PGP Exemption Legislation Begins to Trickle Its Way Through Congress

Legislation to exempt pesticide applications over or near water from the Clean Water Act’s unnecessary and burdensome NPDES pesticide general permit took its first step towards enactment yesterday. The U.S. House of Representatives’ Committee on Transportation and Infrastructure marked up H.R. 5089, the Reducing Regulatory Burdens Act that would exempt pesticide applications, already registered for use over water and tested for water safety per the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), from the NPDES PGP. The legislation was introduced by U.S. Representatives Rouzer (R-NC) and LaMalfa (R-CA).

Since 2009, when a panel of just three judges from the U.S. Court of Appeals ruled that EPA regulate FIFRA registered pesticides by requiring NPDES permits for applications made over water, NAAA has been urging Congress to enact legislation that would eliminate the significant legal liability and paperwork burdens on aerial applicators, mosquito abatement districts and others that treat disease-carrying mosquitos and other health-threatening pests. NAAA sent a letter to leadership of the House Transportation & Infrastructure Committee on the importance of enacting this legislation to eliminate duplicative regulatory statutes affecting pesticide applications. The next step in this process towards enactment of H.R. 5089 is for the full House of Representatives to enact the bill. NAAA, working along with a coalition of ag and public health interests, are urging H.R. 5089 also be included in a regulatory relief title of the Farm Bill. 
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NAAA Defends Ag Aviators from Hazardous UAS Tower Inspection Operations

This week, NAAA participated in an FAA Safety Risk Management (SRM) panel to ensure the panel understands the dangers small UAS operating close to towers can present to manned agricultural aircraft. The goal of the panel was to determine if the procedures used by two tower companies who use UAS for tower inspections could be safely adopted by other companies seeking to conduct these types of operations. The procedures, approved by FAA, allow these two companies, B+T Group and American Tower, to conduct their operations in controlled airspace without notifying the local Air Traffic Control (ATC) facilities. The operations are conducted within 100 feet horizontally and vertically of the tower.

All tower inspections are conducted under 14 CFR Part 107, which requires UAS to always yield right of way to manned aircraft.  The concept of operations (CONOPS) for both companies currently conducting these operations was shared with the panel. B+T Group’s CONOPS reiterated that manned aircraft always have the right of way. American Tower’s CONOPS did not specify this, but discussions during the panel reviewed that this is their policy, as it is legally required by Part 107. NAAA recommended that all CONOPS for current and future UAS tower inspections specifically state that manned aircraft always have the right of way. This suggestion was due to the potential for confusion between the existing CONOPS and proposed BVLOS recommendations developed by a 2022 FAA Aviation Rulemaking Committee, which proposed allowing UAS to operate without detect and avoid technological equipment or being required to give right of way to manned aircraft within 100 feet of shield areas, which includes towers. 

During the hazard identification phase of the panel, NAAA, along with AOPA and HAI, made sure the risk of the UAS impacting a low-flying manned aircraft operating near a tower was listed on the SRM’s hazard analysis. When an FAA panel member stated that because these tower inspection operations are all conducted under 14 CFR Part 107, which requires the UAS to give right of way, a collision between UAS and manned aircraft is not a hazard, NAAA quickly refuted the suggestion. NAAA pointed out a recent collision between a drone and helicopter and a near miss in Arkansas last year are evidence that despite Part 107 requiring right of way be given to manned aircraft, the law is not always followed and a hazard classification is justified. 

Two potential effects from this hazard were listed, the first being a mid-air collision between the manned aircraft and UAS and the second being a collision between the manned aircraft and the tower itself. This second effect could be a potential outcome should a UAS force a manned aircraft into evasive maneuvers near a tower. Both effects were assigned a severity level of catastrophic in the hazard assessment. NAAA cited preliminary data from FAA’s Center of Excellence for UAS Research study on low-altitude traffic and obstacles study conducted by the University of North Dakota and the Mississippi State University to document how close agricultural aircraft operation to towers and other obstacles. 

The SRM panel’s activities were postponed on the second day of the meetings to a yet unknown date in order to sort out some FAA procedural issues. Regardless of when the SRM panel resumes, NAAA has been added to the list of stakeholders and will be involved in  future meetings. 
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NAAA Survey to Assess Health & Life Insurance Needs of Industry

NAAA works continuously to identify opportunities that enhance the benefits available to our members. Over the past few years, we’ve received requests for access to more affordable, quality health and life insurance plans than what the aerial application operators and ag pilots in our industry may currently have access to. Therefore, NAAA is currently exploring the possibility of offering health and life insurance benefits for our membership. Your input is helpful in identifying these opportunities. Take this short survey to help us assess the potential of this benefit and your interest. The survey will take less than five minutes to complete. Results will be used only to gauge the interest in health benefits and other insurance and financial solutions to members, and will not be shared outside the organization or used for selling purposes.

NAAA is exploring a partnership with Decisely, an online, integrated benefits and HR solutions company that sources and administers benefits including medical, vision, dental, life insurance, and more. This partnership can deliver health solutions, pricing, and support options to provide more cost-effective solutions for the aerial application industry.

Please participate in this important survey no later than February 17, 2024 so we get a true picture of insurance needs for our membership. If you have any questions, please contact Deana Kissinger by email or phone at (202) 546-5722. The survey is closed.
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Richter Aviation Participates in Local Career Fair

High school career fairs are a great way for ag pilots to get information about the aerial application industry on how to become an ag pilot in front of students. Recently, Rick Richter of Richter Aviation in Maxwell, CA, participated in his local high school’s career fair, which included junior high school and high school students. There was a lot of participation at their booth and Richter Aviation talked to several students with ag backgrounds who showed interest in being an ag pilot.

Let your local high school students hear from the best resource for aerial application – You! Contact your local high school to ask if there is a career fair that you can participate in. It’s a great resource to educate the younger generation and begin planting the seed of being an aerial applicator and the important role the industry plays in food, fiber and bio-fuel production. If you participate in a high school career fair, email NAAA for copies of our Flying for Your Food brochure and magazines.
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On January 26, the FAA issued Emergency Airworthiness Directive (EAD) 2024-02-55 for Bell Textron Canada Limited Model 505 helicopters with serial numbers 65011 and subsequent.

This EAD was prompted by reports of cracked vertical stabilizer top end cap assemblies. This condition, if not addressed, could result in the antenna or tuning weight departing from the helicopter and impacting and damaging the tail rotor, resulting in the loss of directional control of the helicopter.

This EAD directs compliance with Transport Canada’s EAD CF-2024-03, requiring a visual inspection of the affected assembly in accordance with Bell Alert Service Bulletin (ASB) 505-24-38 within 10 hours time-in-service (TIS) followed by repetitive actions at intervals not to exceed 25 hours TIS, with corrective action required before further flight.
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Renew Your 2024 Membership Today; Grace Period Ends Feb. 15

If you have not renewed your NAAA membership for 2024, the grace period ends on Feb. 15! We urgently request your continued support by renewing your NAAA membership for 2024. While you have been busy aiding farmers to produce a safe, affordable, and abundant supply of food, fiber, and bioenergy, NAAA has been busy making sure low-altitude airspace is safe for your aerial application business to operate, as well as ensuring that you have the pesticide products you need to do your job. 

This year, NAAA is focusing on external communications to farmers in largely circulated ag publications touting the benefits of aerial application and hiring ag pilots to handle spraying work. NAAA is contributing articles and ads throughout 2024 in Farm Journal’s publications promoting aerial application services and how their readers can directly search the location of your aerial application business to a potential circulation of 150,000 ag retailer, crop consultants and farmers throughout the U.S.! Read our first article here. Sign up for a free issue of The Daily Scoop here and subscribe to The Scoop magazine here. 

Several of NAAA’s services conducted on your behalf, include: 

  • The second year of C-PAASS, our professional certification program for aerial applicators that take additional steps to augment their professionalism through education and testing, positioning themselves to be recognized and rewarded by their insurance providers, pesticide manufacturers, and customers. Learn more at https://education.agaviation.org/. 
  • Submitting no fewer than 270 comments since 2017 to the EPA to keep aerial applications on pesticide labels enabling you to keep a deep inventory of pesticide tools without unnecessary and burdensome restrictions.
  • Development of a health care insurance policy in 2024 for NAAA members to purchase for their families and employees at competitive rates.

Supporting NAAA as a member helps provide NAAA with more resources so that we can in turn provide you with more and more membership assets. Continued benefits in 2024 to members include legal consultation on federal aviation laws, discounts for attending or exhibiting at the Ag Aviation Expo, staying connected to members through the print and online NAAA Membership Directory and receiving NAAA publications and eNewsletters, social media briefings and substantive web content at AgAviation.org. 

Please make it a priority to renew your NAAA membership—the payoff far exceeds what you will spend in dues in the form of effective advocacy that reduces regulation and taxes affecting your aerial application business and trade association membership dues are tax deductible. If you prefer to pay over the phone, please call (202) 546-5722.
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NAAA & NAAREF Board Meetings Feb. 15-17 in Alexandria, VA

The February 2024 NAAA & NAAREF Board and Committee meetings will take place next week, Feb. 15-17 in Alexandria, Virginia. Click here to view a schedule.

All meetings are open to NAAA members. If you are not a board or committee member but are interested in attending, please contact Lindsay Barber for more details.

Hotel Details
Hilton Old Town Alexandria
1767 King Street
Alexandria, VA 22314

The Hilton Old Town is located directly next to the King Street Metro stop (take either the Blue or Yellow Line), which is the second stop south of Reagan National Airport (DCA). If you don’t want to take a cab, Lyft or Uber, you can use the Metro and there is now an app that you can download to pay directly from your smartphone. You can view a map of the metro system here.

The room block is closed. Contact Lauren Henretty with hotel questions.

Board Books: The Board book was provided to board and committee members on Feb. 5. If you did not receive it, please contact Lindsay Barber for a link. 
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Deadline Today to Update Your Information for 2024 Membership Directory

The deadline to provide any corrections to your membership listing is today. Please review your listing and provide any changes to guarantee accurate inclusion in the 2024 NAAA Membership Directory.

Have you moved or changed employers since you renewed your NAAA membership? Allied companies, have you reviewed your company description lately? Ensure your listing in the 2024 NAAA Membership Directory is correct by logging into your account. If any information has changed, please let us know right away. 

You can provide your information by:

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