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Senate Republicans Release Farm Bill Framework Including State/Federal Pesticide Preemption, But NPDES-PGP Exemption Language is Absent

Last week Senate Republicans released a framework of Farm Bill policy proposals that includes NAAA-backed reaffirmation of state pesticide preemption over local jurisdictions’ pesticide ordinances that differ from state requirements. This proposal is similar to language that recently was included in the House Agriculture Committee’s Farm Bill that was successfully marked up out of Committee last month. Compromising federal and state pesticide preemption can create a confusing patchwork of regulation. Municipalities cannot replicate the state pesticide agencies high standard of expertise, effective regulation, vast resources, and safety.

Unfortunately, the Senate framework does not include a proposal to eliminate the duplicative and burdensome National Pollutant Discharge Elimination System (NPDES) permits required for pesticide applications “to, over, or near” water. Language to eliminate these duplicative permits was included in the House Agriculture Committee’s Farm Bill that was successfully marked up out of Committee last month via an amendment from U.S. Representative David Rouzer (R-NC). Congress and EPA never intended to regulate pesticide applications with Clean Water Act (CWA) NPDES permits. EPA and states put the new requirements into place in order to comply with a court order in National Cotton Council v. EPA. Requiring NPDES permits is duplicative of the long-standing FIFRA-based regulatory process. These permits cost small businesses, cities, counties, and states significant resources and jobs and diminish public health protections. The FIFRA scientific and safety requirements for aquatic and other applications covered by the permit are already scientifically rigorous and comprehensive. When EPA has concluded that a registered pesticide satisfies FIFRA and will not have an “unreasonable adverse effect on the environment,” then the application of that pesticide should be excluded from the permitting requirements of the CWA.

To date, no formal draft of the Senate Republicans’ Farm Bill has been released, nor has a Democratic draft been released, or markup scheduled.
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Uncrewed Aircraft Operators, Register for the “Professionalism and Safety in UAS Part 137 Operations” Webinar, June 25th at 8:00 PM EST

It is imperative for uncrewed aircraft operators to ensure the safety of the low-altitude airspace for the well-being of other, manned aircraft and for the reputation and professionalism of commercial drone operations. Proper certification, abidance of safety and environmental regulations, and continuing education facilitates safety and professionalism in the uncrewed space. As such, please register for the FAA FAST webinar June 25th at 8:00 PM EST titled “Professionalism and Safety in UAS Part 137 Operations.” During this webinar the presenters will discuss 14 CFR Part 137 statistics, aircraft / drone collisions and near misses, professionalism, safety, and expectations from the FAA. There will also be a question-and-answer session at the end of the webinar. To register for this webinar, click here.
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Mississippi Governor Signed The Mississippi Aviation Safety Act

Last week, the Mississippi Agricultural Aviation Association (MAAA) witnessed Mississippi Governor Tate Reeves sign The Mississippi Aviation Safety Act, which requires existing and newly constructed towers to be registered with the Federal Aviation Association (FAA) database and also the MAAA.

As stated in the Act,
(1) Beginning on July 1, 2024, pursuant to the FAA Reauthorization Act of 2018 and use of the database developed by the FAA Administrator, the owning entity of all existing or newly constructed covered towers and structures, whether regulated or unregulated nondisclosed within the state, and before the completion of construction of the structure, shall, by electronic communication with the appropriate entities, disclose:
(a) The height of such covered tower or structure;
(b) The precise location of latitudinal and longitudinal coordinates; and
(c) The type of obstruction marking or lighting, if any.

Congratulations to MAAA and its members for working closely with many state legislators to make this possible and benefit the safety of agricultural aviation pilots.


NAAA has actively engaged aviation stakeholders over its concerns with unmarked towers for decades. The association was responsible for successfully advocating for the development of a database for towers between 50-200 feet, and for marking such towers in rural areas, referenced above.  Unmarked towers are incredibly hard to see for aerial applicators, particularly in the task-saturated low-altitude environment they work in. As demand for wind energy and higher-frequency telecommunication networks fuels further proliferation of unmarked towers, the risk only increases. It is paramount that all towers be properly marked and logged to prevent loss of life through collisions with them.
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S-2A Aircraft Arrives to be Displayed at the Mississippi Agriculture and Forestry Museum

The Snow Aeronautical model S-2A, built in 1959, was one of the earliest ag airplanes designed and built by Leland Snow, the late founder of Air Tractor, Inc. Last week, the S-2A arrived at the Mississippi Agriculture and Forestry Museum, where it will live permanently in the National Agricultural Aviation Museum exhibit. The S-2A will be stored until the museum is ready to place the aircraft in the museum’s agricultural aviation exhibit area.

Air Tractor has stated that thousands of dollars in donations and countless hours of effort went into restoring and overhauling the S-2A’s fuselage components, including the landing gear, instrument panel, and other subassembly components.

Since its restoration, the aircraft has been displayed at various airshows, including AirVenture in Oshkosh, Wis., in July 2022; the 2021 NAAA Ag Aviation Expo; and most recently, at Air Tractor’s Founder’s Day on May 31, where the company celebrated its 50th anniversary.

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Fourth Fatal Ag Accident of 2024 Claims the Life of Ryan McCallister

Sadly, Ryan McCallister of Missouri, who was 28 years of age, perished June 14, 2024, in the ag aviation industry’s fourth fatal accident for the year. He was born January 8, 1996, in Poplar Bluff, Missouri, and developed a love for aviation at a young age. He soloed before he got his driver’s license.

Ryan graduated from Arkansas State University in 2019, and while in college he continued his aviation training. Following graduation. he was a corporate pilot before getting into the ag aviation industry. He married his wife, Mallory McCallister, in 2022, who is currently pregnant with her and Ryan’s first child.

Ryan is survived by his wife, unborn son, parents, grandparents, and several aunts, cousins, and an uncle. His visitation and funeral were held on June 19, 2024, in Malden Missouri. A memorial fund has been established for Ryan McCallister. Anyone who wishes to donate please send donations to: Ryan McCallister Memorial Fund c/o Sterling Bank: 1103 N Douglas Malden, MO 63863 att. Joann Pace. Ryan’s full obituary can be read here. Please keep his family and friends in your prayers as they grieve his loss.
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Philip Kitten Fatally Injured in Fifth Ag Accident of 2024

NAAA is saddened to report that Philip Kitten, ag pilot, lost his life on June 14, 2024. The fifth fatal ag aviation accident this year. Born on March 5, 1956, Kitten was 68 years old when he passed away. He grew up on the family farm where he also developed his love of aviation from his father, who was both a farmer and a pilot. By the age of 16, Philip had soloed, and he was flying ag by the time he graduated high school in 1974.

Philip’s favorite thing to do was spend time with family. He was a strong supporter of youth sports and his enthusiasm and desire to do good were inspirations to others. Philip is survived by his wife, daughter, son-in-law, father, stepsons, five grandchildren, four sisters, and numerous nieces and nephews.

Philip’s visitation will be held today, from 6:00 to 8:00 PM at Lake Ridge Chapel and Memorial Designers in Lubbock, Texas. Funeral services will follow on June 21, 2024, at 2:00 PM at Turning Point Community Church in Lubbock, Texas.

The family requests memorial donations be made to Philip’s name to Raider Aviation to encourage and fund aspiring pilots. Click here to Read Philip’s full obituary. Please keep his family and friends in your prayers as they mourn his passing.
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In Case You Missed Last Week’s NAAA eNewsletter

Click here for the June 13, 2024 eNewsletter to read:

  • NAAA Attempts to Reverse EPA Decision Banning Certain Types of Aerial Applications on New Herbicide Formulation
  • Uncrewed Aircraft Operators, Register for the “Professionalism and Safety in UAS Part 137 Operations” Webinar, June 25th at 8:00 PM EST
  • Hugh Mattingly Lost in Third Fatal Ag Accident of 2024
  • Deadline to Apply for 2025 Leadership Training Program is July 15
  • Please Complete FAA’s 2023 GA Survey if Invited to Participate – Data is Critical for Aerial Application Industry

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