November 10, 2016

NAAA eNewsletter

Starting with the biggest story of the night: Donald Trump pulled off a huge upset in the presidential race, winning states formerly thought unwinnable like Wisconsin (and probably Michigan, although votes are still being tallied), and most swing states including Iowa, Pennsylvania, Ohio and North Carolina.

 

Trump won for several reasons. First, Trump outperformed presidential candidate Mitt Romney by two percent among Hispanic and blacks. Second, Trump outperformed Romney by five percent among men, which was enough to overcome his losing to Hillary Clinton among women by 12 percent. While nearly 10 percent of Democrats voted for Trump, only three percent of Republicans voted for Clinton. Trump also won the independent vote 48 percent to 42 percent.

 

Ultimately, while Trump lost the popular vote, he won the electoral college because he beat Clinton in swing states.

This appears to be good news for agriculture from a regulatory standpoint as Trump, unlike Clinton, says he will eliminate the Waters of the U.S. rule that could markedly expand  NPDES pesticide general permits (PGPs) for pesticide applications, including aerial application. Trump also supports the Renewable Fuel Standard, wants to lower the tax rate on family farms, and wants to eliminate the estate tax. He has also said he will review (and likely change) implementation of the Endangered Species Act to help farmers and applicators alike. Expanding agricultural markets due to the implementation of new trade agreements was a loss for agriculture either way since both Trump and Clinton oppose potential agreements with Asia, such as the Trans-Pacific Partnership trade agreement.

 

It’s unclear who Trump will pick to head the United States Department of Agriculture (USDA), but some names being floated for the top spot are Kansas Gov. Sam Brownback, Nebraska Gov. Dave Heineman, former Georgia Gov. Sonny Perdue and former Texas Gov. Rick Perry among others.

 

As far as the EPA is concerned, Trump could tap Myron Ebell, an official at a libertarian think tank called the “Competitive Enterprise Institute,” Joe Aiello, director of the New Jersey Department of Environmental Protection’s Division of Environmental Safety and Quality Assurance, or Leslie Rutledge, the attorney general of Arkansas.

Regarding the Supreme Court, Trump will likely appoint a conservative justice to take right-leaning Justice Scalia’s place. If that happens, the highest court in the land will lean right. Justice Ginsburg, a left-leaning justice nominated by President Bill Clinton, has said she will resign if Trump is elected. This bodes well for farmers and applicators when it comes to rulings about environmental issues like the Clean Water Act.

 

Republicans also did better than expected in the Senate, and now hold 51 of 100 seats with two seats yet to be determined. New Hampshire is too close to call with Democrat Maggie Hassan beating incumbent Republican Kelly Ayotte by just 716 votes, meaning there will likely be a recount. Louisiana will have a runoff election to decide its next Senator. In December, Republican John Kennedy will face off against Democrat Foster Campbell and it’s unclear who will win. NAAA ally and Republican Senator Roy Blunt of Missouri won with just 49 percent of the vote.

 

Republicans also held onto the House of Representatives, which they now control with 239 Republicans to 192 Democrats, compared to 246 Republicans to 186 Democrats today. Four House races are still too close to call. 2016 proved to be a great election year for agriculture.

 

As mentioned in previous eNewsletters, the Oregon ballot initiative to ban aerial spraying will not be voted on until May 2017.

 

Now, NAAA will begin working to make sure the candidates keep their many agricultural campaign promises in 2017.

Last July, NAAA was successful in pushing for President Obama to sign a bill requiring the marking of towers between 50 and 200 feet, as has been enacted in several states such as Texas and Colorado. This article provides information about this law and the FAA’s rulemaking process.

The Bill

The bill, titled the “FAA Extension, Safety, and Security Act of 2016,” is now public law having been signed by the president but does not go into effect until the FAA drafts a regulation. The legally mandated deadline for that regulation is July 2017, but the FAA oftentimes misses its deadlines. Once the regulation is finalized by the FAA, towers constructed before the date on which regulations take effect will have one year to comply with the regulation. All towers constructed on or after that date must be marked before they are erected.

 

The law mandates that the regulations the FAA issues shall ensure that a tower meeting the following requirements be marked:

• Between 50 and 200 feet tall;
• Diameter at the above-ground base is 10 feet wide or less;
• Have accessory facilities on which equipment (such as a sensor) is mounted; and
• Located outside the boundaries of an incorporated city or town or is on land that is undeveloped  or used for agricultural purposes.

If a tower meets each of these standards, it must be marked unless the tower:

• Is adjacent to a house, barn, electric utility station, or other building;
• Is within the curtilage of a farmstead;
• Supports electric utility transmission or distribution lines;
• Is a wind-powered electrical generator with a rotor blade radius that exceeds six feet; or
• Is a street light.

The law also requires the FAA to establish a database that contains the location and height of each marked tower. The database will only be accessible for use by those who will use it for aviation safety purposes.

FAA Rulemaking

The FAA will create a rule to implement the regulation mandated by law. The FAA will first release a proposed rule. NAAA and other groups will comment on this proposal, and the FAA will take those comments into consideration. It will then release a final rule that implements the regulation. NAAA will push the agency to work as quickly as possible in a manner to ensure safety for low-level aviators.

 

There are also many terms that must be defined such as “agricultural purposes,” “building,” “routine,” etc. that will affect the extent of the regulation. NAAA will advocate to the FAA to define these terms in ways that ensure safety in the low-level aviation skies.

Opposition from Tower Industries

Communication tower industry groups have expressed concerns to NAAA and congressional staff about the law because they worry that the rules that are promulgated by the FAA will be costly for them to mark and prohibit them from complying in a timely fashion. They also expressed concerns about fatalities associated with painters climbing and painting towers.

 

These industries are attempting to repeal the tower marking law in Congress and, if unsuccessful, will push the FAA to tailor the rule to leave unmarked as many communications towers as possible.

 

NAAA is working with these industries (as well as allies in the low-level general aviation field like the Helicopter Association International and aviation emergency responders) with hopes we will reach an agreement that is satisfactory to both the tower and aviation industries.

Thank you to Pratt & Whitney Canada for its donation of a new PT6A-34AG engine to this year’s Live Auction on Tuesday, Dec. 6, starting at 5:30 p.m. at the Long Beach Convention & Entertainment Center. The Live Auction will take place on the NAAA Trade Show floor.

 

 

Please note that potential buyers must provide a letter of credit from a financial institution to NAAA and place 10 percent down as an initial deposit. The engine is valued at $499,563. Please send letter of credit to Lindsay Barber.

 

Thank you to all the allied member companies that have donated items to the Live and Silent Auctions for this year’s convention. A full list of donations can be viewed here.

NAAA looks forward to seeing you at the 50th Annual NAAA Convention & Exposition in Long Beach, Calif., Dec. 5–8 at the Long Beach Convention & Entertainment Center! Join us and help us celebrate NAAA’s Golden Anniversary! 

 

Please note that the deadline for Westin room block is Monday, Nov. 14. Several room nights are sold out at the Hyatt Regency and Renaissance, but the Westin has plenty of rooms available. Book online here. 

 

There are many great things to do in downtown Long Beach around the Long Beach Convention & Entertainment Center and all the hotels. Explore the area here.

Pre-registration ended on Monday but we ask you to register in advance for the NAAA Convention. Registering in advance allows NAAA staff to ensure there are meals for everyone attending the banquets and receptions. If you wait to purchase a Kickoff Breakfast ticket on Monday morning right before the breakfast, we cannot guarantee that there will be tickets left or enough food for you. We also need to account for the number of attendees at the Welcome Reception and Auction Reception before our convention begins. 

 

Thank you to all attendees and exhibitors who have booked rooms at the Hyatt, Renaissance and Westin.