June 28, 2018
NAAA eNewsletter

All Eyes on Senate after House Passes Farm Bill

The House passed its version of the 2018 Farm Bill last Thursday by a vote of 213-211 after previously failing in May over unrelated immigration issues. The Senate is currently debating its version of the bill, with an expected passing vote to take place Thursday or Friday.

 

The House bill contains several regulatory relief provisions NAAA and other industry partners have been advocating for that would be extremely beneficial to aerial applicators, including a fix for the duplicative National Pollutant Discharge Elimination System (NPDES) permit by eliminating its requirement for pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  The House has passed this same provision at least half a dozen times in the last nine years. 

 

Additionally, the House bill includes much needed improvements to the endangered species consultation process for registering new pesticides under FIFRA as well as language on cooperative federalism recognizing states as coregulators of pesticides, prohibiting local governments from advancing pesticide rules. This would prevent bans on crop protection products such as Lincoln County, Oregon’s efforts last year banning aerial application of herbicides to forestry.

 

While none of these regulatory relief provisions are in the Senate version of the farm bill, NAAA is meeting with members on both sides of the aisle in the House and Senate to encourage these provisions are included in the conference bill when members of the House and Senate meet to reconcile the differences in their bills.

 

Senator Crapo (R-ID) has introduced a bipartisan amendment to include the NPDES-PGP exemption in the Senate bill, and several senators are expected to use this as an opportunity to discuss the importance of eliminating the duplicative permit requirement. The amendment is co-sponsored by Senators Risch (R-ID), Fischer (R-NE) and McCaskill (D-MO), but a formal vote on the amendment is not expected for procedural reasons.

 

The White House released a statement urging major changes to the Senate farm bill, saying in part, "The bill lacks meaningful regulatory reform, and the Administration opposes dozens of additional burdensome requirements for new reports, studies, and pilot [programs]."

 

There are many differences between the House and Senate farm bills, the most contentious of which are changes to the Supplemental Nutrition Assistance Program (SNAP), more commonly referred to as food stamps. The House bill contains work requirements for able-bodied adults with no dependents between the ages of 18 and 59.

 

House Agriculture Chairman Mike Conaway (R-TX), a champion of the work requirements, will be outnumbered when the bills go to conference. House Agriculture ranking member Collin Peterson (D-MN), Senate Agriculture Chairman Pat Roberts (R-KS) and ranking member Debbie Stabenow (D-MI) all oppose making major changes to SNAP.

 

"The only upside to its passage is that we're one step closer to conference, where it's my hope that cooler heads can and will prevail," Peterson said. "The Senate's version isn't perfect, but… I look forward to working with conferees to produce a conference report both parties can support, which is the only way to get a farm bill enacted into law."

 

"I think that's very unfortunate that's where the House wants to go," said Roberts earlier this month, referring to the SNAP changes in the House bill.

 

The Senate requires 60 votes to pass the farm bill, so Roberts will need support from Republicans as well as Democrats and Independents.

 

The current farm bill expires Sept. 30 and republican leadership in the House and Senate strongly want to get the farm bill finished before the mid-term elections.

Second Fatal Tower Accident in Three Weeks Claims Life of Rodney Sherry

Rodney Wayne Sherry, an Oklahoma-based ag pilot was fatally injured in a collision with a tower on Tuesday, June 19, 2018 near Enid, Okla. Sherry, 52, of Olton, Texas was flying an Air Tractor 502 operated by Deterding Aerial of Pond Creek, Okla. when he hit the 410 foot tower about 20-25 feet from the top. Reportedly he had just finished a near-by application job and was heading for another field.

 

Sherry, 52, is the second Oklahoma pilot killed within a month after colliding with a tower. Andy Deterding, the brother of Jim Deterding, owner of Deterding Aerial, lost his life after colliding with the guy wires on a 1,000 foot radio station tower near El Reno on May 30, 2018. The accidents occurred about 60 miles from each other.

 

Sherry was preceded in death by his father, maternal and paternal grandparents. He is survived by his mother, Alicegene Brooks, his fiancé, Nita Williamson, Nita’s children, Hanna and Hunter Williamson, and numerous cousins and friends. Memorial services were held on Saturday, June 23, 2018 at the First United Methodist Church in Olton.

 

The family suggests memorials be made in his name to the Olton Volunteer Ambulance Association at PO Box 1087, Olton, Texas 79064.

 

This accident reminds pilots to remaining vigilant outside the aircraft at all times.  Although the exact reason for hitting the tower may never be known, we remind pilots that even when the field is finished, not to concentrate on planning and setting up for the next job at the expense of safely flying the aircraft.

NAAA Submits Comments in Support of ELD Exemption for Small Aerial Application Businesses

NAAA has submitted comments to the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) in support of the Small Business in Transportation Coalition’s (SBTC) request for all motor carriers with fewer than 50 employees, including, but not limited to, one-person private and for-hire owner-operators of commercial motor vehicles, to be exempt from the from the electronic logging device (ELD) requirements.

 

NAAA explained that for aerial application operations, driving commercial vehicles is an extremely small percentage of an operation’s overall workload. Operators specialize in the timely application of crop protection products and the compliance of extensive regulations from the Federal Aviation Administration (FAA) and Environmental Protection Agency (EPA).

 

NAAA explained how aerial application operations typical take place in rural areas with minimal traffic and are always conducted during fair weather conditions. Additionally, the lack of reliable wireless broadband in rural areas could make it difficult to properly use ELDs.

 

The ELD mandate has a long and contentious history in Washington, culminating in the Owner-Operator Independent Drivers Association (OOIDA) petitioning the Supreme Court to stop implementation of the law. In June of 2017, the Supreme Court declined to hear OOIDA’s lawsuit, allowing implementation of the ELD mandate to move forward.

 

While the negative effects of the ELD mandate have only recently been brought to NAAA’s attention, and the association will continue working on ways to provide exemptions for aerial application operations both through the federal rulemaking process and congressional action.

Ag Pilot Craig Evans Injured in New Mexico Accident; Fund Established to Help with Medical Expenses

Craig Evans, an ag pilot from Bastrop, La. was seriously injured in a New Mexico crash on Friday, June 15, 2018. He had been working in New Mexico when his aircraft went down in a mountainous area. Rescue efforts were hindered by the remote area and terrain. Evans is being treated at the University Medical Center in El Paso, Tex.

 

According to a family member, Evans has multiple injuries including a broken left femur, right acetabular fracture, broken nose, broken T2 vertebrae, broken sternum, multiple broken ribs, and a collapsed left lung. He has already undergone one surgery with another scheduled. A lengthy recovery is expected.

 

If you wish to help the Evans family with medical bills, donations can be made to Regina Evans for Craig Evans and mailed to:

 

Origin Bank

Attn: Lindsay Tomlinson

1101 ROC Lane

Ruston, LA 71270  

 

A GoFundMe account has also been set up to assist the Evans family with medical expenses. Donations can be made by clicking here.  

EPA Releases Worker Protection Standard Guide

The EPA, in conjunction with the Pesticide Educational Resources Collaborative (PERC), last week released its worker protection standard (WPS) quick reference guide along with a checklist for employers, a compliance requirements schedule, and other useful resources.

 

Additionally, the WPS “How to Comply” manual includes:

  • Details to help you determine if the WPS requirements apply to you.
  • Information on how to comply with the WPS requirements, including exemptions, exceptions, restrictions, options, and examples.
  • New or revised definitions that may affect your WPS responsibilities.
  • Explanations to help you better understand the WPS requirements and how they may apply to you.

Note that EPA has started a process to revise certain WPS requirements. EPA plans to publish a Notice of Proposed Rulemaking later this year to solicit comments on proposed revisions to the WPS requirements for minimum ages, designated representatives, and application exclusion zones. NAAA plans on submitting comments regarding all these issues.

 

If the changes to the requirements are finalized, these safety training materials will be amended to reflect such changes. Until such time, all requirements are in effect.

Attention Exhibitors! Booth Sales Begin July 12

 We look forward to seeing our Allied members and exhibitors at the 2018 Ag Aviation Expo in Reno, Nev., Dec. 3–6. Experience a new Reno! This rapidly changing city has become ground zero for a new technology boom as many companies have moved to Reno, including Tesla, Apple Cloud, a division of Microsoft and many more. Because of this, the city has also seen a boom in amazing restaurants, microbreweries and bar, shopping and nightclubs. Having a new vibrancy all its own, Reno is a cool and fun place to hang out.


The NAAA Trade Show will take place Dec. 4 from 12 p.m. to 5:30 p.m. (Live Auction will begin on the trade show floor at 5:30 p.m.) and Dec. 5 from 10 a.m. to 4 p.m. The booth and aircraft fees for this year’s Ag Aviation Expo will remain the same as last year’s rates.


Booth Sales for Aircraft & Large Booth Space: If you plan to bring an aircraft, need a 20x20 island booth or larger, or need a 10x30 inline booth or larger, please contact Lindsay Barber ASAP. To ensure the best placement on the trade show floor, we appreciate knowing about aircraft and large booth spaces by mid-April. We currently have seven confirmed aircraft for the NAAA Trade Show.

 
Booth sales for 10x10 and 10x20 spaces will begin July 12.

Additional Details for 2018 NAAA Ag Aviation Expo

  • Dates: Dec. 3–6, 2018
  • Location: Atlantis Casino Resort Spa and Reno-Sparks Convention Center
  • Schedule of Events: Current schedule here. Subject to change.
  • Hotel: Hotel Details Below
  • Auction Donations: Thank you to Pratt & Whitney Canada for donating a PT6-34AG engine to this year’s NAAA Live Auction. While we’re still several months away from the Ag Aviation Expo, but it’s never too early to donate an item for the Live and Silent Auction. The earlier you inform us of your auction donation, the more advertising you’ll receive on the NAAA website and in NAAA publications. Support the aerial application industry by donating an item today. Email Lindsay with your donation details.
  • Attendee Registration: Will open July 1 
  • Exhibitor Booth Sales: Will open July 12 for 10x10 and 10x20 spaces. Email Lindsay if you’d like a large booth space (aircraft, island or 10x30+) or plan to be a Diamond or Platinum sponsor.
  • Sponsorship Opportunities: Sponsorship opportunities here. Please email Lindsay to discuss your sponsorship! We offer sponsorships for all budget sizes. 

Book Your Hotel Room

Atlantis Casino Resort Spa is a world-class, Four Diamond resort destination. A splendid oasis created for relaxation, celebration and rejuvenation, the Atlantis has always been a favorite resort destination for travelers near and far, recognized for luxurious accommodations, a world-class revitalizing spa and salon, award-winning dining and fun casino action.


Atlantis Casino Resort Spa

  • Rate: $109/night + taxes (NAAA has negotiated to waive the resort fee. Included in your room rate is complimentary in room Wi-Fi or wired internet, self-parking, use of fitness center, use of indoor pool, extended check out time of 12 p.m. and complimentary airport shuttle service)
  • Reservations: Book Online Here or call (800) 723-6500 and reference the NAAA Convention (SNAA18). Online reservations require a deposit of one night’s room charge + taxes. Call-in reservations will not be charged a deposit, but require a credit card to hold reservation.
  • Block Deadline: Monday, Nov. 12
  • Hotel Address: 3800 S. Virginia St. Reno, NV 89502
  • Airport Shuttle: Atlantis provides a free airport shuttle that runs at 15 and 45 minutes after the hour from 5:15 a.m. to 12:45 a.m. leaving the airport. The shuttle leaves the hotel on the hour and 30 minutes after the hour from 5 a.m. to 12:30 a.m.

NOTE: No one from (or on behalf of) the Atlantis hotel or NAAA will contact you to book a hotel room. NAAA recommends that you make your own hotel reservations using the information on this page. Do not book a room with any company that calls you directly.