Click on the article title below to be taken directly to the article. After you’re done reading the article, click “Back to Top” at the bottom to be brought back to the Table of Contents.

Table of Contents

U.S. Senate Committee Advances FAA Bill Including NAAA Advocated Tower Marking and BVLOS UAS Operations Protections for Low Altitude Manned Aircraft

The United States Senate’s Commerce, Science and Transportation Committee approved its FAA reauthorization bill, S. 1939, last week. Included within the legislation are NAAA advocated policy directives to the FAA to push tower marking rulemaking and ensure uncrewed aircraft systems (UAS) operating beyond visual line of site (BVLOS) are protective of low-altitude manned aircraft. With the backing of U.S. Senator John Thune (R-SD), included in the bill’s UAS BVLOS section is language that specifically directs the FAA to “ensure the safe coexistence of UAS with manned aircraft operating in the national airspace system.” This language is nearly identical to language that was included in the House of Representative’s FAA reauthorization bill that passed last summer and is intended to ensure the FAA keeps safety in the forefront of its policy mapping as it develops UAS BVLOS policy, a draft of which is expected from the agency later this year. Also included in the Senate bill is a directive to the FAA to inform it of the status of rulemaking to create a database and require marking of towers in rural areas between 50-200 feet and 10 feet in diameter or less, that was included in the 2016 FAA reauthorization extension. If the FAA has not promulgated the tower marking/logging rules within a year of enactment of its reauthorization bill it must report annually to the Senate as to: “(1) the reasons [it] failed to issue the rulemaking; and (2) a list of fatal aircraft accidents associated with unmarked towers that have occurred over the 5 years previous to the date of submission of the report.”

FAA reauthorization legislation extends and directs the agency’s authority to regulate aviation issues over a multi-year period.  The Senate bill extends FAA authority through 2028. The bill will now head to the Senate floor, though the timing is not yet clear. After the markup, Commerce, Science and Transportation Committee chair Sen. Maria Cantwell (D-Wash.), suggested that another extension will likely be needed before the current one expires March 8. 
Back to top

Federal Court Bans Over-The-Top Applications of Dicamba for Dicamba Tolerant Crops; EPA Rules That Existing Stocks Outside of the Control of Pesticide Manufacturers May Be Used

Last week a federal court in Arizona vacated, or legally voided, EPA’s 2020 registrations for over-the-top applications of the new low volatility dicamba formulations to dicamba tolerant crops. This includes three products, all registered for use on dicamba tolerant soybean and cotton. The court determined that EPA violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it re-registered the three dicamba products in 2020. The EPA responded late yesterday with an Existing Stocks Order that will allow for the sale, distribution, and use of dicamba over-the-top products that are already in the possession of growers or in channels of trade outside the control of pesticide companies. Aerial use has not been an allowed use for these dicamba formulations to dicamba tolerant crops.

This is not the first time a court has interfered with the registration of the dicamba formulations for use with dicamba tolerant crops. In June of 2020, the U.S. Court of Appeals for the 9th Circuit banned EPA’s original 2018 registration of new dicamba formulations. EPA quickly responded, issuing a cancellation order later that month, but one that allowed growers and commercial applicators to use any dicamba products already in their possession by the end of July. By October, the 9th Circuit’s ban was irrelevant after the EPA approved new 5-year registrations for the dicamba tolerant crop formulations. It is these registrations that are now in jeopardy. 

Again, aerial applications have never been allowed to make dicamba applications to dicamba tolerant crops, so the ban does not directly affect agricultural aviators. However, it will have serious repercussions for growers, who may be forced to find alternative herbicides for the 2024 growing season if EPA fails to successful counter the ban. Many of the alternative herbicides are less effective at controlling the herbicide resistant weeds dicamba was intended to control. This could result in aerial applicators having more work to apply these alternative herbicides due to aerial applications’ ability, more than any other application method, to quickly treat invasive weeds at an early stage when they are most vulnerable and less tolerant of  certain herbicides. 
Back to top

NAAA Membership Grace Period Ends Today; Renew Your Membership for 2024

If you have not renewed your NAAA membership for 2024, the grace period ends today. 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.
Back to top

NAAA & NAAREF Board Meetings Kick Off Today in Alexandria, VA

The February 2024 NAAA & NAAREF Board and Committee meetings kick off today in Alexandria, Virginia. Click here to view a schedule. All meetings are open to NAAA members. 

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.

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. 

Back to top

AD Issued for Certain Helicopter Seat Belt Buckles

The FAA recently adopted a new airworthiness directive (AD 2024-01-30) for all helicopters with certain Pacific Scientific Company seat belt buckles (manufactured between January 2012 and September 2012) installed.

This AD was prompted by the failure of a buckle in an accident and requires inspection of the screws used to fasten the load plate to the body of the buckle; if any Torx head (alloy steel) screws are installed, all 4 screws must be replaced with hex head (stainless steel) screws before further flight. 

The AD provides references to the appropriate Parker Meggitt Service Bulletins, which include applicable buckles and higher-level assemblies, as well as inspection/replacement procedures.

The FAA plans to publish a separate AD for airplanes affected by the same buckles soon.

Back to top