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NAAA’s Successful in Advocating DOT Proposed Rule Allowing Aerial Application Operations to Transport Certain Quantities of Jet A Without HazMat Endorsement
Aerial  application operators could see both cost savings benefits and a greater supply of drivers due to a new NAAA advocated CDL exemption proposed by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).  To read the proposed rule click here.  The proposed exemption, posted in yesterday’s Federal Register, would amend FMCSA safety regulations to allow states to waive the hazardous materials (HM) endorsement requirement for Class A CDL holders who haul no more than 1,000 gallons of aviation-grade jet fuel for agricultural aircraft operations.  FMCSA’s proposal was initiated by an application submitted by NAAA, which pointed out that the agency already waives the CDL hazmat endorsement requirement for drivers hauling diesel fuel—a fuel with nearly identical chemical properties and a flashpoint similar to Jet A.

When FMCSA granted NAAA’s application in December 2022 as a prerequisite to starting the formal rulemaking process for the exemption, the agency noted that both diesel and jet fuels “are similar enough in chemical characteristics” to consider extending the exception to hauling jet fuel.  According to FMCSA “The proposal would result in cost savings for agricultural aviation operators and the drivers these operators hire to mix, load, and transport jet fuel in quantities of 1,000 gallons or less” in states that choose to allow the waiver.  FMCSA said that “Class A CDL holders would avoid approximately $261 in costs associated with each driver obtaining an HM endorsement, and agricultural aviation operators would be able to run their businesses more efficiently by making use of satellite airstrips.”

NAAA explained in its application that truck drivers are needed to haul jet fuel and crop protection products to satellite airstrips nearer to the fields that need to be sprayed. NAAA stated to the FMCSA making its cause for the proposed rule that “This is necessary to save on the quantity of fuel consumed by an ag aircraft and to save aircraft flight time between the loading facility and the application site.  A shortage of available drivers may prevent using a satellite airstrip closer to the application site.  This results in an aircraft having to travel back to its home base for each load instead of using a closer landing area.  In this case, more fuel is burned to travel to the application site and more time elapses, resulting in fewer application jobs performed during the day. Therefore, the granting of the application would save considerably on fuel costs.”

NAAA will be submitting comments to support the proposed regulation and will be urging NAAA members and aerial applicators to do the same. Comments must be received on or before February 3, 2025.
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EPA Cancels Chlorpyrifos Use on All but Eleven Crops
In an expected move, earlier this week the EPA canceled the use of chlorpyrifos on all food and feed crops except for the following 11: alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beets and wheat (both spring and winter).

This cancelation was part of the follow up from the November 2023 ruling from the U.S. Court of Appeals for the Eighth Circuit that vacated EPA’s 2021 rule banning chlorpyrifos from use on all food and feed crops. The Eighth Circuit found that EPA erred in their 2021 rule by claiming they had not found a way to safely re-register chlorpyrifos; EPA’s 2020 proposed interim decision for chlorpyrifos did allow for the safe use of chlorpyrifos by restricting its use to these 11 crops.

Chlorpyrifos is still undergoing a complete registration review, with a proposed interim decision and then an interim decision to be released by EPA in 2026. NAAA will be monitoring all activity regarding the chlorpyrifos registration review to ensure aerial application remains an option on all labels. NAAA’s recent victory regarding the model EPA uses to estimate the amount of drift from aerial applications will substantially improve the chances of retaining aerial applications of chlorpyrifos.
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Give Back! Support NAAREF Today

As the year comes to an end, we hope you will consider a donation to support the National Agricultural Aviation Research & Education Foundation (NAAREF) programs, which includes PAASS and Operation S.A.F.E. NAAREF programs were designed and are succeeding in promoting safety and environmental professionalism to the aerial application industry. Without successful NAAREF educational programs it’s unquestionable that the regulatory requirements facing us would be more rigorous.  
 
NAAREF programs save lives, enhance our industry’s reputation, enable insurance discounts, and help us meet regulatory requirements for certification. Since it first hit the stage in 1998, PAASS—the Professional Aerial Applicators’ Support System—has reduced our accidents by 26% and drift complaints by 26%. This is a phenomenal achievement and PAASS played a major role. 
 
It takes industry donations from individuals such as yourself to ensure top quality and effective NAAREF programs. You can make a tax-deductible donation to NAAREF here.
 
Did you know that you can also make a donation directly from your retirement account to NAAREF? When you reach age 73*, you’re required to withdraw a certain amount of money from your retirement accounts each year. Talk to your tax advisor for the most up-to-date information regarding a required minimum distribution (RMD) that you can donate to NAAREF. The RMD is an attractive way for donors to make a significant charitable gift directly from their IRA to a charity through a qualified charitable contribution (QCD) while avoiding taxable income. QCD is a direct transfer of funds from your IRA payable to a qualified charity, such as NAAREF. You can also bequeath charitable funds to NAAREF through your will or trust. Please talk to your financial advisor and/or legal consultant about these options.
 
With government support no longer available, we have lost 14% of the revenue needed to offer NAAREF programs. Pesticide manufacturing companies’ consolidation has also resulted in a loss of NAAREF sponsorship revenue. We need to increase the amount of charitable donations from individuals and companies such as yourself in order to make up for the loss and to not suffer a reduction in quality of PAASS. 
 
Please donate now to help support NAAREF programs and cultivate education, safety, and technology advancements in the industry. They save lives, reduce drift incidents, demonstrate the professionalism of the aerial application industry, and can help stave off additional government regulations. 

*Beginning in 2023, the SECURE 2.0 Act raised the age that you must begin taking RMDs to age 73. If you reached age 72 in 2023, the required beginning date for your first RMD is April 1, 2025, for 2024.
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After Two Decades of NAAA Advocacy, FAA Proposes Requirements for Marking and Logging Locations of Meteorological Towers 
Following nearly two decades of lobbying by NAAA, the FAA has issued a Notice of Proposed Rulemaking (NPRM) to codify requirements for owners (termed “sponsors” by FAA) of meteorological towers (METs) to identify them in the interest of low-altitude aviation safety. Specifically, this NPRM applies to all existing METs, as well as proposals to construct or alter a MET, with the highest point of the structure at least 50 feet AGL up to and including 200 feet AGL, hereafter referred to as an “applicable MET.” 

Sponsors of proposed applicable METs will now be required to file a Notice of Proposed Construction or Alteration (notice) with FAA, who will conduct an aeronautical study and issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation. If a Determination of No Hazard to Air Navigation is issued, it will include marking and lighting requirements determined using Advisory Circular 70/7460-1. This NPRM explicitly codifies the requirement to mark newly constructed or altered applicable METs. 

Sponsors of existing applicable METs, whether active or inactive, will be required to file notice within 90 days of the Final Rule. Structures which have already received a Determination of No Hazard to Air Navigation and applicable METs for which construction is completed prior to the Final Rule will not be subject to marking requirements. 

The FAA plans to update the existing Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) online airspace obstruction mapping tool to include filters for METs. With the NPRM’s proposed requirement of all existing and proposed MET Sponsors to file notice, this database will become a comprehensive source for MET information including structure type, location, height, elevation and marking. In addition, OE/AAA includes functionality to subscribe via email for updates on new obstructions in a pre-defined geographical area. 

While NAAA is still processing this NPRM, there is no question that this is excellent news for the safety of aerial applicators and a victory for the association. A national database of METs will serve as a preflight planning tool and the requirement for sponsors to file notice will ensure applicators aren’t caught off guard by a tower erected overnight when the sponsor properly follows these proposed regulations. Further, the proper marking of all future METs and associated guy wires will aid in maintaining situational awareness in the field. 

Comments on this NPRM are due January 17, 2025. NAAA will be submitting comments in support of it and will be organizing a grassroots campaign encouraging aerial applicators across the country to also submit supportive comments. 
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How Would You Rate the 2024 NAAA Ag Aviation Expo? Please Tell Us by Dec. 6!
Thank you to the attendees and exhibitors for joining us at the 2024 NAAA Ag Aviation Expo in Fort Worth last month. We continually work to improve our education sessions, networking, trade show and the programs/services offered to attendees. Click the link below to complete the short survey so that we have substantive input to help us continue to improve future Ag Aviation Expo. Please complete the survey by Dec. 6.

  • Attendee survey click here
  • Exhibitor Survey click here

All responses are anonymous, but if you wish to share further details, please contact Lindsay Barber, NAAA’s Director of Communications & Meetings. Thank you for taking the time out of your schedule to complete this important survey. We look forward to seeing you Nov. 17-19, 2025, in Reno, Nevada.
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Give the Gift of Aerial Application: Agriculture’s Air Force: 100 Years of Aerial Application Book
Agriculture’s Air Force: 100 Years of Aerial Application, the industry’s 100th-anniversary book, is a great gift for aviation enthusiasts and those who want to learn more about a century of technological evolution protecting farms, forests, and public health by aircraft. 

The hard-copy book chronicles the agricultural aviation industry’s growth from its birth in 1921 through the boom times after World War II, and on to today’s modern era of high-tech aerial application, containing 268 pages of historical information, personal stories, and photos. This comprehensive book takes readers on a captivating flight through history, technology, and into the intersection of agriculture and aviation that is aerial application. If you haven’t ordered a book yet, it will make a great gift under the Christmas tree. Also, consider gifting a copy to your local library or school library for future generations to learn about the industry. Order your copy today here.
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Renew Your 2025 NAAA Membership Today

Thank you for your support as a 2024 member of NAAA. We request your continued support by renewing your NAAA membership for 2025 today. 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. Several of NAAA’s accomplishments this year, on your behalf and to ensure your success, include:

  • NAAA is now offering health and life insurance options for members. More details available here.
  • NAAA worked to secure permission from the FAA to use frequency 122.925 for radio communications between agricultural aircraft to operate safely.
  • NAAA lobbied for the FAA Reauthorization Bill to include NAAA language ensuring the safety of manned aircraft from drone activity in BVLOS airspace and language establishing a deadline to the FAA to promulgate tower marking and logging.
  • Since 2017, NAAA has submitted over 300 comments to the EPA to keep aerial applications on pesticide labels with great success enabling you to keep a deep inventory of pesticide tools without unnecessary and burdensome restrictions.
  • NAAA’s 2024 articles appearing in Farm Journal publications, along with the “Aerial Application: Above All Forms of Crop Care” ad campaign and accompanying web search tool identifying member businesses, have been widely circulated to hundreds of thousands of potential aerial application users.
  • NAAA and NAAREF have grown the C-PAASS certification learning center to include online learning for aerial applicators who want to augment their professionalism and be recognized and rewarded by their insurance providers, pesticide manufacturers, regulators, and customers. Learn more at https://education.agaviation.org/.
  • New membership database, allowing for automatic renewal and single invoicing of all memberships at your operation or company. Contact information@agaviation.org for further details.

In 2025, you will continue to receive ongoing benefits such as discounts for attending or exhibiting at the Ag Aviation Expo, connect with members through the print and online NAAA Membership Directory and receive Association publications, eNewsletters, social media briefings and substantive web content at AgAviation.org. Log into your account on our website to pay your 2025 NAAA membership invoice. Details at AgAviation.org/membership.

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.
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In Case You Missed Last Week’s NAAA eNewsletter

Click here for the November 27, 2024 eNewsletter to read:

  • NAAA Ag Aviation Expo Soars to New Heights in the Lone Star State of Texas
  • NAAA Joins Large Coalition of Agricultural Groups Advocating to Trump Administration for Appointees with Science and Risk-based Decision-Making Experience
  • NAAA Comments on Two Endangered Species Evaluations from EPA to Protect Aerial Applications
  • After Two Decades of NAAA Advocacy, FAA Proposes Requirements for Marking and Logging Locations of Meteorological Towers 
  • AD Issued for MD Helicopters 369 and 500 Torque Tube and Roller Bearings 

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