Texas Becomes the 14th State with a MET Marking Law
On May 20 Texas Governor Greg Abbott signed Senate Bill 505 requiring the marking of MET towers in rural areas. Approval of the bill makes Texas the 14th state with tower marking legislation and is the result of the efforts by the Texas Agricultural Aviation Association (TAAA).
TAAA Executive Director Chris Shields expressed his appreciation to the agricultural aviation association family—state, regional and national—for all of its leaders’ help in accomplishing this major safety feat for low-level aviation in the Lone Star State. According to the U.S. Energy Information Administration, Texas is the top wind power state with nearly 36 million megawatt-hours (MWh) of electricity. Iowa is second, with more than 15 million MWh. Shields’ veteran status as a respected Texas lobbyist and long-serving TAAA executive director was instrumental in the law’s passage.
As reported April 3 in the eNewsletter, Texas already has some tower marking requirements, SB 505 rewrites the existing requirements to make them more effective, and adds others. SB 505 does the following:
- Defines “tower” as a self-sustaining or guy wired structure not more than 6 feet in diameter, and is capable of mounting sensors and cameras. Extends marking requirements to towers over 50 feet (rather than 100 feet in existing law). Towers must be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower;
- States that high visibility spherical marker balls of aviation orange color should be installed and displayed in accordance with the standards contained in FAA advisory circular on Marking Meteorological Evaluation Towers (FR-2011-06-24) and the additional standards found in FAA Advisory Circular AC 70/7460-1;
- Guy wires must have a seven foot safety sleeve at each anchor point;
- Towers erected prior to the effective date must be marked as required by the legislation within one year of the effective date of the legislation;
- Contains a Penalty provision for non-compliance with different penalties for violations resulting in death or injury versus those that do not result in death or injury: Class B misdemeanor for the former and Class C misdemeanor for the latter; and
- Adds a reporting and registration requirement to be administered by the Texas Department of Transportation.
The bill also exempts FCC communications towers, towers adjacent to buildings, as well as utility and transmission towers.
NAAA congratulates the TAAA on passage of the bill in both houses of the Texas legislature. Meanwhile, NAAA continues its efforts on the national level to require marking of MET towers nationwide.
Federal Pollinator Strategy Released, Includes Slew of EPA Actions to Protect Bees
Under the strategy, coupled with a pollinator research action plan, EPA will continue its effort to better understand and reduce risks of the controversial neonicotinoid pesticides, which advocates argue pose a persistent risk to bees because they are systemic, meaning the chemical is taken up into plants' pollen and nectar.
EPA will also accelerate a Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) registration review of four neonicotinoids, and craft new testing guidelines for improving studies of pesticides' risks to bees. The report states that “Mitigating the effects of pesticides on bees is a priority for the Federal government, as both bee pollination and insect control are essential to the success of agriculture… It is the misuse and overuse of these pesticides that leads to adverse ecological and human health consequences.”
The strategy stops short of environmentalists' calls for a ban on neonicotinoids.
EPA and the U.S. Department of Agriculture (USDA) have been working for years to stem declines in pollinators seen since 2006. In 2013, EPA and USDA blamed bee declines on a variety of factors, including declining habitat and genetic diversity, as well as exposure to pesticides and the varroa mite, a common bee parasite. In yesterday’s released report and the companion research action plan, federal officials say it remains unclear how the various factors, individually and collectively, affect bee health and that additional research is necessary.
On pesticides that could pose a risk to pollinators, the strategy outlines an action plan for EPA to research and reduce risks of pesticides to bees and other pollinators, especially the monarch butterfly.
This month, EPA will issue for public comment a proposed ban on foliar applications, during bloom, of pesticides deemed acutely toxic to bees at sites where bees are under contract for pollination services. The proposed measures will include advisory statements and enforceable label language. “Application of a toxic pesticide in this scenario is near certain to result in adverse effects to pollinators,” the strategy says.
To reduce acute exposures in other situations, the strategy calls for encouraging and assisting state regulators in crafting pollinator protection plans based on improving coordination and communication between beekeepers and pesticide applicators. State regulators have said they are wrestling with how to define the scope and success of plans they are crafting that aim to reduce bees' exposures to pesticides after regulators dropped language from draft pollinator guidance that said EPA would review and approve state strategies.
To address risks to bees from systemic pesticides, including potential sub-lethal effects, the strategy says EPA will issue new exposure and effect study protocols for federally-supported studies. The protocols are to support EPA's already ongoing implementation of a new pollinator risk assessment framework released last year.
The framework seeks to better assess risks of pesticides to pollinators, such as potential sub-lethal effects to bees that could then weaken an entire hive. EPA in previous statements has acknowledged that traditional pollinator risk assessments have failed to adequately consider those potential risks.
The strategy also calls for EPA to further expedite its FIFRA registration review of four common neonicotinoid pesticides: imidacloprid, clothianidin, dinotefuran and thiamethoxam for completion in the 2016-2017 time frame. In 2013, EPA officials said they had accelerated registration review of certain neonicotinoids, though some of the reviews, which rely on studies that can take years, were still expected to stretch until 2018-2019.
Under the plan, EPA also commits to proposing for public comment a framework for improving the health of monarch butterflies, and suggests future regulatory action on multiple herbicides, which could reduce milkweed on which the butterflies depend. That proposal appears to respond to the Natural Resources Defense Council's petition early last year, asking EPA to review risks of the herbicide glyphosate, commonly used with genetically-modified crops, to address concerns the substance depletes milkweed and thereby harms monarchs.
EPA acknowledges it has a responsibility under FIFRA to protect milkweed, and says the plant may be affected by multiple herbicide compounds. The agency therefore will conduct qualitative and quantitative reviews of substances' risks and benefits for milkweed, rather than following the typical single-chemical approach. “EPA anticipates that a number of actions could be taken to protect monarch butterflies, ranging from changes to pesticide label instructions, to spray drift buffers from critical milkweed resources, to best management practices,” the plan says.
Yesterday, a federal task force released a strategy to protect bees and other pollinators and includes a slew of EPA actions, such as proposing limits on highly toxic pesticides, promoting state efforts to reduce harm to pollinators, and expediting reviews of potentially harmful pesticides. The White House released the National Strategy to Promote the Health of Honey Bees and Other Pollinators which sets goals of restoring honey bee colony health to sustainable levels by 2025; increase Eastern monarch butterfly populations to 225 million butterflies by 2020; and restore or enhance seven million acres of land for bees and other pollinators over the next five years. The plans responds to a memo from President Obama issued in June 2014 tasking agencies with devising ways to protect pollinators.
PrecisionHawk Introduces LATAS UAS Tracking System
As reported in last week’s NAAA eNewsletter, Raleigh, N.C.-based PrecisionHawk, an unmanned aerial systems and remote sensing company, has been working with the FAA on a possible research partnership to expand use of UAS in the nation’s airspace. NAAA contacted PrecisionHawk this week to find out more about the company’s UAS tracking system entitled the Low Altitude Tracking and Avoidance System (LATAS).
The LATAS system uses the existing cellphone data network to transmit UAS locations via a small 110 gram box, which can also be integrated into the circuitry of the UAS. The UAS operator and any other interested party, such as an aerial applicator, can then see the UAS location via a smartphone app. The system has airport locations integrated into it, preventing UAS from flying within 5 miles of an airport and near other restricted areas.
LATAS also allows UAS users to program a flight plan into the app, which can then be seen by other app users alerting them to potential UAS operations occurring in their area.
NAAA is in conversations with Precision Hawk regarding LATAS and looking into it as a possible method to assist aerial applicators with seeing small UAS. Further information can be found on PrecisionHawk’s website flylatas.com.
NAAA Executive Director Quoted in N.Y. Times About UAV Safety Concerns
The New York Times interviewed NAAA Executive Director Andrew Moore for a recent article exploring the burgeoning market for UAVs in the farming sector. The Association for Unmanned Vehicle Systems International expects agriculture to make up 80 percent of the market for commercial UAVs once the FAA approves regulations for small unmanned aircraft systems (sUAS).
Moore stated that NAAA isn’t opposed to the use of UAVs by farmers, but the FAA’s proposed rules are too lax. At present, the agency is calling for sUAS operators to pass a written knowledge test. NAAA has petitioned the FAA to require UAV operators to possess a pilot’s license and mandate that UAVs be equipped with strobe lighting to make them more visible to manned aircraft. Per the New York Times: “[Moore] is worried about pilots crashing into drones, which can look like specks until it is too late. ‘It could be lethal,’ he said.”
The Times piece,“Farmers Flying Drones May Soon Be Given Clearance,” begins by spotlighting a Colorado farmer who is violating the FAA’s existing ban on the commercial use of UAVs without a special exemption. For farmer Jean Hediger, the ability to remotely monitor crops in her field—now—exceeds the risk of being penalized by the FAA for ignoring its ban. Receiving a “stiff email urging compliance,” one of the possible sanctions, does little to strike fear in the heart. And while violators of the commercial UAV ban could be fined up to $27,500, no farmers have been fined to date, an FAA spokesperson told the New York Times. The problem with this, Moore observed, is that rogue drone fliers could “put a black eye onto this whole industry.” The full article is available here.
NAAA Convention: Hotel Registration, Booth Sales and Award Nominations
We look forward to seeing you at the 49th Annual NAAA Convention & Exposition in Savannah, Ga., Dec. 7–10 at the Savannah International Trade & Convention Center and the Westin! Attendee registration for the convention will open in July.
We are continually updating the schedule of events for this year’s convention. We are excited to announce our Kickoff Breakfast speaker and General Session topic:
- Kickoff Breakfast speaker Col. Mark Tillman, Commander of Air Force One During 9/11
- General Session – Succession Planning for Your Business
- Exhibitor Details – Everything you need to know at this point regarding booth sales, booth pricing, sponsorship and auction donations.
Book Your Hotel Room
2015 NAAA Convention housing is coordinated through the Savannah Area Convention & Visitors Bureau Housing office. Please do not call the hotels directly; use the link and/or phone number below to book your room.
Rooms are available at the Westin Savannah Harbor (directly next to the convention center), Hyatt Regency Savannah and Savannah Marriott Riverfront hotels. Book your room today by clicking here or calling the housing bureau at (912) 644-6465.
PLEASE NOTE THE CANCELATION POLICY FOR THE WESTIN FOR 2015. For each reservation canceled after Oct. 30, 2015, a non-refundable one night room and tax will be charged to the credit card on file. Guests who check out early (prior to the reserved check-out date) will be assessed one full night's room charge, plus applicable taxes.
Complimentary Transportation & River Taxis
Complimentary river taxis and bus transportation will be provided between the hotels, convention center and the downtown Savannah entertainment district for all exhibitors and attendees.
Booth Sales Begin Week of July 14
Allied companies will receive notification next week of exhibitor information and booth sales details, which will begin the week of July 14. We have many exhibitor details, including booth rates and the exhibitor service kit here. Companies that fall into one of the categories below qualify to choose their booth in advance of the July booth sales. Contact Lindsay Barber ASAP if you qualify.
- Plans on being Diamond or Platinum Sponsors ($12,000+).
- Will bring an aircraft.
- Will purchase an island (20' x 20' or larger).
- Will purchase a 10x30 inline space or larger.
Nominations Open for NAAA Awards
The aerial application industry is filled with exceptional individuals who go above and beyond, often with little fanfare. Please think about the special people you have known and worked with over the years and tell us why they deserve an NAAA Award. Awardees will be honored at NAAA’s Farewell/Awards Banquet on Dec. 10 starting at 5:45 p.m. in Savannah. There are nine NAAA Award categories and one NAAREF award, the Evans-Christopher Operation S.A.F.E. Award. The Awards Nomination Form is available as print-only and fillable PDF. To make a nomination, email or fax completed entries to NAAA at information@agaviation.org or (202) 546-5726. For typed submissions, please use the fillable form. Call (202) 546-5722 with any questions.