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Voice of the Aerial Application Industry
September 27, 2018
FAA Reauthorization: A Step Backward on Tower Marking, but a Step Forward on Drone Regulation

Over the weekend, House and Senate negotiators reached an agreement on a five-year FAA reauthorization. Yesterday, the U.S. House of Representatives approved the bill by a vote of 398-23. The Senate is expected to approve the bill too once its schedule opens up to allow for the vote.

 

Bowing to the powerful communications industry, the bill contains language that would solely require the logging into a database communication towers in rural areas between 50 and 200 vertical feet and an above-ground base up to 10 feet in diameter. Unlike meteorological evaluation towers, or METs, communication towers meeting this physical description wouldn’t have to both mark their towers and log their coordinates into a database, they would just be required to log coordinates into a database.

 

In 2016, NAAA was successful in having Congress enact a law requiring the marking and logging of such towers into a database. The wireless communications industry came out in force against these marking requirements and, again, under this bill, communication towers that meet the 2016 requirements must be marked or placed into a database, but they would not be required to do both. MET towers would still be required to be both marked and put in a database.

 

Congressman Sam Graves (R-MO) pushed for language that non-MET towers constructed before the regulation goes into effect would have a choice to either mark or log into a database (METs would be required to do both); however, all newly constructed towers should be both marked and put into a database. The NAAA/Graves proposed compromise addressed the communication tower industry’s biggest arguments of the cost and safety challenges of marking existing, erected  towers. All future towers could be properly marked before the tower is erected to address these concerns.

 

Despite this compromise not making it through, this will not be the last time NAAA visits with Congress on this issue. The NTSB is in the process of potentially revising a safety alert by recommending all towers fitting these physical characteristics (under 200 feet, narrow circumference) regardless if they are METs or communication towers be properly marked and logged. When this safety alert is issued, it should be an important tool in convincing more members of Congress to strengthen tower marking requirements. Additionally, Congressman Graves is a contender to be Chairman of the House Transportation and Infrastructure Committee during the next Congress should Republicans hold the House of Representatives.

FAA Reauthorization and UAVs

The FAA reauthorization bill does contain some critical provisions concerning the safety of UAVs, most importantly the repeal of Section 336 of the FAA Modernization and Reform Act of 2012, something NAAA has previously asked for. Under section 336, the FAA does not have the authority to regulate model aircraft. The repeal of section 336 means the FAA could impose vital safety requirements on drone hobbyists, such as tracking and ID requirements. The proposal also requires hobbyists take an aeronautical knowledge and safety test, as well as register their aircraft with the FAA.

 

Language is also included allowing the Department of Homeland Security and the Department of Justice to "identify, seize or destroy errant drones" if the agencies deem they pose a threat such as interfering with critical infrastructure like prisons, military bases or power plants.

 

Additionally, a provision inserted by Senators Cory Gardner (R-CO) and Michael Bennet (D-CO), would make it a crime to fly a UAV near a wildfire, interrupting aerial firefighting operations. A violation of this law would be punishable by a fine or up to two years in prison.

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This newsletter is intended for NAAA members only. NAAA requests that should any party desire to publish, distribute or quote any part of this newsletter that they first seek the permission of the Association. The views, thoughts, and opinions expressed herein do not necessarily represent those of the National Agricultural Aviation Association (NAAA), its Board of Directors, staff or membership. Items in this newsletter are not the result of paid advertising and are only meant to highlight newsworthy developments. No endorsement by NAAA is intended or implied.
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IN THIS ISSUE
FAA Reauthorization: A Step Backward on Tower Marking, but a Step Forward on Drone Regulation
Wis. Operator Takes Action After Third UAV Near Miss
DOJ Petitions Court for Rehearing on Chlorpyrifos Case
National Agricultural Aviation Museum Execs Excited about Start of Renovations
Ag Aircraft Showcased at 2018 New York Stewart Air Show Along with U.S. Air Force Thunderbirds and Other Vintage and Military Aircraft
It’s Time to Renew Your 2019 NAAA Membership
Pre-Register for the Ag Aviation Expo to Avoid Long Lines Onsite
NAAA and NAAREF Board Meetings Next Week
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Brenda Watts

870-644-3141

 

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Rhonda McCurry
316-796-1180

 

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Tara Lea Brown
509-989-9098


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Brandon Flexsenhar

309-208-9668  

 

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Jessica Freedman
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Full Calendar of Events

 
 
 
 

 


 
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