As we continue to experience the impact of the novel coronavirus on our lives, many aerial applicators have questions about the status of various regulatory issues. NAAA has been successful working with government agencies in designating crop input services, such as aerial application, as an essential service and preventing enforcement actions and/or extending expiration dates for expired licenses.  We have prepared the following information to help sort through what’s happening:

1) OSHA Expands Temporary Guidance on Respiratory Protection Fit-Testing: The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum detailing expanded temporary enforcement guidance on respiratory protection fit-testing for N95 masks in all industries during the COVID-19 pandemic. This guidance provides the best practices for using different types of respiratory masks while N95 masks are in short supply. Read More

2) Waiver for States Concerning Third Party CDL Skills Test Examiners in Response to the COVID-19 Emergency: The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) issued a new emergency waiver for states regarding third party Commercial Driver License (CDL) skills test examiners in response to the COVID-19 pandemic. This waiver allows third party CDL test examiners previously authorized by the State to administer the CDL skills test to also administer the CDL knowledge test without completing a CDL knowledge test training course. Read More

3) TSA Grants Temporary Exemption for Hazardous Material Endorsement Holders: The Transportation Security Administration (TSA) is granting a temporary exemption from requirements regarding expiration of TSA security threat assessments (STAs) for Hazardous Material Endorsement (HME). The exemption is valid through July 31, 2020. Read More 

4) USDA Unveils Federal Resource Guide for Rural Communities: USDA’s COVID-19 Federal Rural Resource Guide Lists Federal Programs That Can Help Rural Communities, Organizations and Residents Impacted by COVID-19. Read More

5) Pesticide Applicator Licensing Extension

a. NAAA is in communication with the EPA requesting they allow states to relax recertification guidelines until we move past coronavirus-related shutdowns.

 

b. Many states have already provided guidance on how they are dealing with pesticide recertification during the pandemic. The states are listed in no particular order; use your browsers “find” feature to locate your state on the page.  On April 13, 2020, the Nebraska Dept. of Ag issued an order that those in the state with commercial applicator licenses expiring by April 15, 2020, who notify the Department of their intent to renew their license and pay their fee by May 15, 2020 will be allowed to defer training and license renewals until April 15, 2021. Read more about Nebraska's extension here.

Previously Reported Policy Changes

1)  Potential Small Business Aid for Aerial Applicators: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), is an unprecedented economic relief package passed by Congress and signed into law by President Donald Trump to stem the economic fallout from the COVID-19 pandemic. The bill is a $2 trillion dollar lifeline in loans and grants for large and small businesses, as well a direct payments for most Americas. Read More. 

2) FAA Medical Certification: The FAA issued a policy that suspends enforcement against individuals with 1st, 2nd, or 3rd class medical certificates expiring between March 31, 2020, and June 30, 2020. Be sure to check with your insurance underwriter to ensure you are covered if your licensed expired during this timeframe and a situation occurs resulting in having to file a claim.

NAAA is continuing to work with the FAA and is urging the agency to undertake an emergency rulemaking to formally extend medical certificates and not simply stop enforcement actions. The FAA has indicated it is working on a Special Federal Aviation Regulation (SFAR) to possibly address this and other issues, such a pilot currency requirements.

3) Aerial Application Essential Services

a. Crop input services, such as aerial application, have been deemed critical infrastructure industries by the federal government, which means they shall continue without any disruption.

 

b. You should provide a document for everyone at your operation to carry on their person that clarifies you are an employee of a critical infrastructure industry; NAAA has prepared examples in Word and PDF that you can print on your company letterhead. This can be presented to law enforcement in the event an employee is stopped in a shelter in place or similar area.

 

c. Check TFRs. Air support may yet play a role in fighting the coronavirus and TFRs may be needed in the event of large-scale aerial supply operations.

 

d. At this time there are no plans by the FAA to shut down the national airspace.

4) Commercial Drivers Licenses (CDL)

a. The Federal Motor Carrier Safety Administration (FMCSA) has suspended truckers’ service hours until May 15, 2020, or until the end of the emergency for drivers providing services related to the coronavirus response. NAAA has joined an industry letter asking this waiver be extended to all commercial drivers in the agricultural supply chain, including driver supporting aerial application operations.

 

b. FMCSA has issued a waiver until June 30, 2020, for States, CDL Holders, CLP Holders and Interstate Drivers Operating Commercial Motor Vehicles that covers multiple items including CDL renewals, CLP holders and medical examination and certification.

5) If you need to contact your state government, NAAA has prepared a list of governors, chiefs of staff and legislative directors with contact information for all 50 states.