May 26, 2017

NAAA eNewsletter

President Trump this week released his much-anticipated 2018 budget proposal, three months later than expected in the federal budget process. The president’s annual budget proposal does not have the effect of law, but is frequently used by allies on Capitol Hill to fight for programs (or cuts to programs) that the president believes are a priority.

 

A high-level view of the budget shows that, should Congress enact Trump’s proposal, spending would increase to $4.1 trillion in 2018 while the deficit would rise from $585 billion last year to $603 billion. Generally, the budget would make cuts to social-welfare programs and nearly every federal agency while increasing funding for defense-related programs, including $52 billion for the Department of Defense (a 10 percent increase).

 

The president’s proposal would cut EPA funding by 31.4 percent, but creates a new line item for “expand[ed] use of pesticide licensing fees,” which would cost the government five million dollars in 2018, and ramp down that spending to one million dollars in 2025. The White House has yet to detail what those fees are or how they would be used.

 

At the U.S. Department of Agriculture, the budget proposal would cut the topline budget by $137 billion, or 20 percent, and would cut Farm Bill programs by $267 million in 2018 and nearly $3.4 billion in 2019. The Agricultural Research Service, which house’s the Aerial Application Technology Research Unit (AATRU), would lose $360 million (or 26 percent). Secretary of Agriculture Sonny Perdue stated “There is no sugar-coating what we will face. USDA will likely see a significant reduction in funding by the time this process is complete.” NAAA will work to ensure, however, that the AATRU is not part of any potential cuts to the Department of Agriculture.

 

Trump’s budget also provides over $14 billion per year, beginning in 2021, “to shift the air traffic control function of the Federal Aviation Administration to an independent, non-governmental organization, making the system more efficient and innovative while maintaining safety,” according to the budget blueprint.

 

With the president’s budget released, Congress will now start to formulate the federal budget. When asked about the president’s budget proposal, Senator John Cornyn, the number two Senate Republican, said “Almost every budget I know of is basically dead on arrival…[but] it's an expression of his priorities, which is important in terms of the conversation between the branches [of government].”

The House once again passed the Reducing Regulatory Burdens Act, sponsored by Rep. Bob Gibbs (R-OH), as 25 Democrats joined 231 Republicans to pass H.R. 953 with a vote of 256 to 165.

 

The bill would exempt pesticide applications from National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) requirements. The environment, including waterways, are already protected from pesticide applications through the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), making costly NPDES PGP requirements redundant.

 

Last year, a modified version of this bill, called the Zika Vector Control Act, would have limited the exemption only to applications made before Sept. 30, 2018 and meant to kill mosquitos. The Zika Vector Control Act passed the House but was unable to pass in the Senate.

 

This year, the Reducing Regulatory Burdens Act would apply to all pesticide applications, not just those meant to kill mosquitoes, and would not be limited to applications made before a certain date.

 

Congressman Gibbs did a fantastic job on the House floor combatting arguments that incorrectly claim this bill would harm the environment. Several Democrats, including the House Agriculture Committee’s ranking member, Rep. Collin Peterson (D-MN), also spoke in favor of the bill along with House Majority Whip Steve Scalise (R-LA).

 

Some members of Congress, like Rep. Peter DeFazio (D-OR), continued to incorrectly claim that this bill would repeal regulations that prevent fish kills and that the paperwork and recordkeeping requirements aren’t costly.

 

Thankfully, and in no small part thanks to NAAA, the House listened to the facts and voted to pass this vital piece of legislation. The bill now heads to the Senate where it will hopefully be attached to a larger piece of legislation and be enacted into law later in the 115th United States Congress.

 

To see how your congressperson voted, please click here.

The D.C. Circuit Court of Appeals this week ruled that FAA’s registration requirement for recreational UAVs contradicts the 2012 FAA Modernization and Reform Act, the last FAA authorization enacted into law.

 

The 2012 bill prohibits the FAA from regulating model aircraft “flown strictly for hobby or recreational use” if that aircraft weighs no more than 55 pounds and gives way to manned aircraft, among other requirements. Recreational UAV enthusiast and lawyer John Taylor used this provision to challenge the FAA’s regulation requiring that all UAVs be registered and marked with an N-number.

 

The 2012 bill, however, also states “Nothing in this section shall be construed to limit the authority of the [FAA] to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.” 

 

The court summarized its decision by stating “Congress is of course always free to repeal or amend its 2012 prohibition on FAA rules regarding model aircraft. Perhaps Congress should do so. Perhaps not. In any event, we must follow the statute as written.”

 

The FAA must be reauthorized by Sept. 30, 2017. NAAA released a statement opposing the Court's decision as did Helicopter Association International and even AUVSI--the Association of Unmanned Vehicle Systems International. Manned and unmanned aviation groups are still determining next steps. One likely response will be to urge Congress to provide the FAA the direct authority to require UAV registration of hobbyists.

NAAA Executive Director Andrew Moore addressed wireless infrastructure industry representatives from around the nation about the need to mark towers below 200 feet in rural areas where low-level aerial applications are conducted. Moore was invited to be part of a panel along with Michael Helvey of the FAA's Obstruction Evaluation Group and Ed Roach of SBC Communications, a wireless infrastructure company.

 

Currently, the FAA is working on a regulation, as directed by Congress as part of last year's FAA extension bill, that requires the marking of towers between 50-200 feet located in rural areas to be marked and requires their coordinates to be logged into a database.  NAAA was instrumental in enacting this legislation.

 

The wireless infrastructure industry has been opposed to the law due to the costs associated with marking the towers. Congress has directed the low-level aviation industry coalition, which NAAA is leading, and the tower industry to attempt to work out a compromise. 

 

Moore addressed the attendees of the Wireless Infrastructure Show and displayed aerial pictures of difficult to see towers and informed them of the 14 accidents causing five fatalities from ag aircraft colliding with towers, many below 200 feet and unmarked, over the past decade. 

 

 

NAAA will continue to communicate the importance of tower marking to key stakeholders involved in the issue. Both the House and Senate are expected to markup legislation next month which may include tower marking compromise language. NAAA will keep you updated on the issue and will continue to push for marking and database logging of towers.

 

The 2017 NAAA Membership Directory mailed last Friday. If it hasn’t arrived already, you should receive your copy any day now. 

 

The NAAA Membership Directory is an indispensable asset, and as the name suggests, it’s only available to our valued members. At 232 pages, the 2017 directory is filled with valuable information, such as operator and pilot contacts, as well as contact information for the premier suppliers of parts and services to the industry. Other items of interest in the new directory include details about NAAA’s NPDES pesticide general permit compliance resources and our issue brief on unmanned aircraft systems (pages 138–143); sample letters addressing liability for unmarked towers (pg. 148); information on NAAA’s new aerial application advertising campaign and “Find an Aerial Applicator” public database (pg. 170); as well as details on numerous education, training and outreach resources available to NAAA members at little to no cost (pg. 173). The directory also contains several forms that may be of benefit, including the NAAA Membership Application, NAAREF Donation Form, the BASF Operation S.A.F.E. Incentive Program/NAAA Member Rebate Application, NAAA Awards Nomination Form, and the NAAA “Ag Wings of Tomorrow” Scholarship Application. 

 

We have gone to great lengths to ensure the accuracy of our membership listings, but also recognize that perfection is a moving target. If your contact information has changed, you can update it at any time by logging into your member account at AgAviation.org. Enter your username and password in the upper-right corner and then click on “Your Account” to get started. Hint: Don’t forget to click SAVE CHANGES at the bottom of the page to record your changes. Those changes will sync in real time with NAAA’s Online Member Directory. 

 

While you’re at it, add a headshot or company logo to your profile and become one of the faces of the aerial application industry. If you have any problems logging into NAAA’s website, call (202) 546-5722 and we will be glad to help.