NAAA eNewsletter

January 4, 2024

NAAA eNewsletter

Drone Collides with Helicopter in Daytona Beach

A drone collided with a helicopter that conducts sightseeing tours this past weekend over the Daytona Beach, FL flea market. Although no one was injured, the drone collision caused $60,000 in damage to the helicopter and the incident is under investigation by the Federal Aviation Administration (FAA). The drone operator was reportedly looking down at his computer tablet when the collision occurred.

This incident is another reason why NAAA’s position is that Uncrewed Aerial Systems (UAS’s) operating either within visual line of sight or beyond visual line-of-sight (BVLOS) be required to equip and utilize detect and avoid (DAA) technology which has been FAA-certified as effective at protecting the unique nature of crewed manned aircraft, aerial application operations or otherwise. Just in the past few months, NAAA has submitted comments to the FAA regarding exemption petitions by Wing Aviation LLC and American Aerospace Technologies Incorporated, amongst many others over the years, requiring UAS equip with DAA and give right-of-way to manned aircraft.

NAAA urges adherence to the following UAS safety protocols:

Crewed aircraft should always have the right-of-way over UAS.
Commercially utilized UAS should be certified by FAA as airworthy
Before UAS operate in areas commonly trafficked by crewed aircraft, such as above farms, they should be equipped with ADS-B In to be able to detect crewed aircraft with ADS-B Out. Ultimately, NAAA believes that UAS should be mandatorily equipped with FAA-certified detect and avoid (DAA) technology that detects crewed aircraft (both cooperative and non-cooperative) and alerts UAS to their position so they can give way to them.
The above DAA technology should be a prerequisite for Beyond Visual Line of Sight (BVLOS) operations.
UAS should be equipped with visible strobe lighting, and ideally painted in readily distinguishable colors, such as aviation orange and white, to increase visibility.
UAS pilots should be held to a standard similar to crewed aviation pilots. This includes requiring a pilot certificate to demonstrate proper knowledge of the NAS, as well as a third-class medical certificate to demonstrate physical capability to operate a UAS.

NAAA will continue to advocate to policymakers the importance of regulating drones to ensure they safely operate amongst manned aircraft and the public.

NAAA Comments on Article About Virginia Residents Wanting Notification Before Pesticide Spraying

Last year, a Virginia state delegate proposed a bill in Virginia’s General Assembly that would require all agricultural aviators making an aerial application west of the Blue Ridge Mountains to provide a seven-day notification for all such applications. Advocacy by NAAA, the Virginia Farm Bureau and other ag interests was able to convince the delegate to withdraw the legislation.

Recently, several residents in Grayson County, VA have formed an advocacy group called Preserve Grayson, which continues to press for a Virginia state law to require advanced notification and disclosure of chemicals before companies apply pesticides to the nearby commercial trees. NAAA CEO Andrew Moore commented in late December 2023 to an article written by the Richmond Times Dispatch, a Richmond, VA newspaper, about the issue. Moore commented that seven days’ notification is not conducive to effective pest treatment He also commented that the EPA reviews pesticides for safety continuously and that enforcement provisions exist and are enforced by both the EPA and the states in the rare event that there is a misapplication.

Moore also provided details on DriftWatch where crop producers, beekeepers and pesticide applicators can voluntarily log information onto a geospatial database informing pesticide applicators of sensitive crops that may be nearby. “Nobody wants to be fined or damage things on nearby land,” Moore said. Read the article here.

NAAA stands ready to assist state ag aviation associations with the information they may need to stave off burdensome and unnecessary regulations affecting ag aviation.

NAAA Family Grows, Congratulations to Matt & Carina Gill

The NAAA family has grown. Congratulations to NAAA’s Manager of Education, Safety and Policy, Matt Gill and his wife Carina, who welcomed baby boy Weston Michael Gill on Dec. 27, 2023.

Weston joins big sister Amelia and fur-sister Reyna. The new family is healthy, strong, and figuring out life with four humans and one canine.

Set Yourself Up for Success by Renewing Your Membership for 2024

Thank you for your support of NAAA as a 2023 member. We request your continued support by renewing your NAAA membership for 2024. While you have been busy aiding farmers to produce a safe, affordable, and abundant supply of food, fiber, and bioenergy, NAAA has been busy making sure low altitude airspace is safe for your aerial application business to operate, as well as ensuring that you have the pesticide products you need to do your job.

In 2024, NAAA will focus on external communications about the benefits of aerial application and hiring ag pilots to handle spraying work. One great example of our public relations, that will benefit your business, will be NAAA contributing articles and ads throughout 2024 in Farm Journal’s publications promoting aerial application services and how their readers can directly search the location of your aerial application business to a potential circulation of 150,000 ag retailer, crop consultants and farmers throughout the U.S.!

Several of NAAA’s services conducted on your behalf, include:

The launch of C-PAASS, our professional certification program for aerial applicators that take additional steps to augment their professionalism through education and testing, positioning themselves to be recognized and rewarded by their insurance providers, pesticide manufacturers, and customers.
Submitting no fewer than 270 comments since 2017 to the EPA to keep aerial applications on pesticide labels enabling you to keep a deep inventory of pesticide tools without unnecessary and burdensome restrictions.
Passage of the House FAA Reauthorization bill directing FAA to broaden protections ensuring the safety of manned aircraft from drones operating beyond visual line of site in addition to those drones operating under Part 107 and those above 55 pounds.
Actively advocating to Congress for Farm Bill inclusion of exempting NPDES Permits for pesticide applicators and other key unnecessary, burdensome, and duplicative regulatory relief provisions, in addition to continuing substantive USDA research for developing safer, more efficient aerial application technologies.
NAAA’s “Aerial Application: Above All Forms of Crop Care” ad campaign and accompanying web search tool identifying member businesses is widely circulated to hundreds of thousands of potential aerial application users.
Development of a health care insurance policy in 2024 for NAAA members to purchase for their families and business at competitive rates.

You will also continue to receive ongoing benefits, such as legal consultation on federal aviation laws, discounts for attending or exhibiting at the Ag Aviation Expo, staying connected to members through the print and online NAAA Membership Directory and receiving Association publications and eNewsletters, social media briefings and substantive web content at AgAviation.org.

Please make it a priority to renew your NAAA membership---the payoff far exceeds what you will spend in dues in the form of effective advocacy that reduces regulation and taxes affecting your aerial application business and trade association membership dues are tax deductible.

NAAA & NAAREF Board Meetings Feb. 15-17 in Alexandria, VA

The February 2024 NAAA & NAAREF Board and Committee meetings will take place Feb. 15-17 in Alexandria, Virginia. Click here to view a schedule.

All meetings are open to NAAA members. If you are not a board or committee member but are interested in attending, please contact Lindsay Barber for more details.

Hotel Details

Hilton Old Town Alexandria

1767 King Street

Alexandria, VA 22314

The Hilton Old Town is located directly next to the King Street Metro stop (take either the Blue or Yellow Line), which is the second stop south of Reagan National Airport (DCA). You can view a map of the metro system at www.wmata.com/schedules/maps/upload/2019-System-Map.pdf.

Rate: $159/night + taxes

Cutoff Date: Jan. 23, 2024

Reservations: Click here to book online or call 1-800-HILTONS and refer to NAAA Board Meeting.

If you have issues, please do not book outside the block. Contact Lauren Henretty with your arrival and departure dates.

Please note: All board books will now be provided electronically. Board and Committee members will receive a link and directions to download the electronic board book approximately one week before the meetings. The board book can be downloaded to your computer or tablet, or you can print your committee items.

EPA Provides Update on Future of Chlorpyrifos After Court Reverses 2021 Ban – NAAA Engaging with EPA to Protect Aerial Application on Labels

In November of this year the Eighth Circuit Court of Appeals vacated EPA’s 2021 ban on the use of chlorpyrifos on all food or feed crops. This week EPA released an update on what their next steps will be regarding chlorpyrifos. Once the Eight Circuit’s court mandate is officially issued, which at the time of this writing hasn’t occurred, EPA intends to reinstate all chlorpyrifos tolerances, making it once again legal to apply chlorpyrifos to food and feed crops.

However, more changes to chlorpyrifos are expected in the near future. The April 2021 ruling by the Ninth Circuit Court of Appeals that resulted in EPA’s ban on chlorpyrifos interrupted EPA’s registration review process of the insecticide. Just before the ban, EPA had issued a proposed interim decision (PID) in December of 2020 that called for renewing registration of chlorpyrifos. However, the PID proposed restricting the use of chlorpyrifos to only 11 food and feed crops: alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, spring wheat, and winter wheat.

The Eight Circuit’s reversal of the ban specifically pointed to this PID as a path forward for the EPA to re-register chlorpyrifos in a manner that allows it to be used safely. EPA’s recent update states they intend to “expeditiously” propose a new rule based on the PID to revoke all tolerances except for the 11 crops listed above.

This week’s update does not indicate if any other parts of the 2020 PID will be included in the rule EPA will soon be pushing. Of concern to our industry, the 2020 PID considered banning aerial applications for most uses based on exposure risks for mixers and loaders. The use of the word “consider” is unique for PIDs, in that it implied EPA had not yet decided whether to propose banning aerial applications of chlorpyrifos.

This uncertainty was largely due to whether a final report by the chlorpyrifos scientific advisory panel would recommend a 10X or 1X protection factor for human exposure risks. If the 1X protection factor is used, aerial applications would be permitted. If the 10X factor is used, EPA was considering banning aerial applications of chlorpyrifos. At this time, it still appears the decision between 10X and 1X has not been made. NAAA responded to the 2020 PID and will continue working with EPA to ensure aerial application remains an option for all chlorpyrifos uses.

NAAA and Ag Aviation Highlighted in the Key U.S. Ag Journals The Hagstrom Report and National Journal Daily

Jerry Hagstrom, a veteran and well-respected national agricultural journalist attended the 2023 Ag Aviation Expo in Palm Springs, Calif. to learn more about the industry. Last week, he published an article about the industry in the National Journal Daily and The Hagstrom Report, both of which reach national policymaking audiences. Read the article here.

Hagstrom interviewed NAAA CEO Andrew Moore, NAAA operator member Robert Ching of Aura, LLC in Zeeland, MI and NAAA operator member Mark Frey of MF Helicopters, LLC in East Troy, WI.

Hagstrom appears frequently on C-SPAN to discuss farm issues and has appeared on National Public Radio. The Hagstrom Report is a news service providing national and international agricultural news and covers Congressional hearings and press conferences in Washington D.C., and farm meetings throughout the U.S. National Journal Daily is published and hand-delivered every day that Congress is in session and is a source for everything happening on the Hill.

NAAA Comments on Two EPA Pesticide Endangered Species Evaluations Supporting Aerial Use Without Unnecessary and Burdensome Restrictions

This week NAAA submitted comments to EPA on the biological evaluations (BE) for two neonicotinoid insecticides – acetamiprid and dinotefuran. A biological evaluation is the first step in the pesticide registration review process involving EPA’s compliance with the Endangered Species Act (ESA). Once completed, EPA sends their biological evaluations to the Fish and Wildlife Service and the National Marine Fisheries Service, who conduct their own ESA risk assessments.

The main point NAAA made when commenting on both BEs is that they are based on risk assessments conducted using the inaccurate Tier 1 model in AgDRIFT. NAAA informed EPA, as has been done on numerous prior occasions, that EPA should use the more accurate Tier 3 model in AgDRIFT with NAAA assumptions that better reflect the safety and accuracy of modern aerial applications.

Both BE’s also mentioned buffer zones that were not wind directional, meaning the buffer zone would apply regardless of whether the wind is blowing towards or away from an endangered species or its critical habitat. NAAA has been successful in the past convincing EPA to make buffer zones wind directional for important ESA related projects from the EPA, including the vulnerable species pilot project and the herbicide strategy. In its comments on the BEs for acetamiprid and dinotefuran, NAAA reminded EPA of this reiterating that ag aircraft can use smokers and other technology to monitor wind direction and speed.

NAAA is optimistic that both Tier 3 AgDRIFT modeling and wind-directional buffers will become the standard for EPA’s pesticide registration and registration review processes. NAAA will continue to monitor and comment on all EPA activity that involves aerial applications.

Your GPS Data May Save a Life

As the Federal Aviation Administration (FAA) marches in lockstep with some corporate interests in the uncrewed aircraft systems (UAS) space, it is becoming clear that green lighting and expanding UAS beyond visual line of site (BVLOS) operations may be being prioritized over safety.

First proposed in the 2022 BVLOS ARC Report, and later put out for public comment in 2023, the FAA is considering designating “shielded” areas wherein UAS would have the right-of-way over crewed aircraft. These areas are defined as the airspace within 100 feet vertically or laterally of an obstacle or critical infrastructure, such as power lines. According to the ARC Report this is based on “the limited likelihood of crewed aircraft operations in [these] areas.”

The current reality is that some of these UAS interests (think BNSF Railway, Google, Amazon), and in some cases the FAA, do not have a solid understanding of where and how we operate. It falls now to us, as an industry, to inform future rulemaking of the unique nature of aerial application operations. Using a data-driven approach, we can demonstrate our utilization of the low-altitude airspace and expose the safety threat presented by UAS not giving the right-of-way to crewed aircraft within it.

To this end, NAAA has a longstanding partnership with Mississippi State University (MSU) to collect GPS data logs donated by its members. Since the project’s inception in 2017, the data collected and analysis performed by MSU has fueled NAAA’s efforts in representing the safety interests of aerial applicators to regulators.

If you have donated logs in the past, Thank You.

If you have logs which you have not yet donated, please consider it. The data you provide can help shape policy on a national level and save lives. As a reminder, any data you submit is stripped of any personally identifiable information prior to inclusion in the larger dataset.

There are two options to submit your logs to MSU:

Request a secure upload link for data uploads. Email Madison Dixon, Associate Director, MSU Agricultural Autonomy Institute
Mail a flash drive or other storage device to the address below (The device will be immediately mailed back once data is received if a return address is provided):

Mail To: Attn: Madison Dixon

MSU Agricultural Autonomy Institute

Pace Seed Technology Building

Mailstop #9812

650 Stone Blvd.

Mississippi State, MS 39762