COVID-19 Public Policy Developments Impacting the Aerial Application Industry

As we continue to experience the impact of the novel coronavirus on our lives, many aerial applicators have questions about the status of various regulatory issues. NAAA has successfully worked with government agencies in designating crop input services, such as aerial application, as an essential service and preventing enforcement actions and/or extending expirationdates for expired licenses. Here are some of the key coronavirus-related regulatorydevelopments aerial applicators should be aware of.

Aerial Application Deemed an Essential Service

Crop input services, such as aerial application, have been deemed critical infrastructure industries by the federal government, which means they shall continue without any disruption. You should provide a document for everyone at your operation to carry on their person that clarifies they are an employee of a critical infrastructure industry. NAAA has prepared examples in Word and PDF files that you can print on company letterhead and provide to your employees to sign and carry with them. This can be presented to law enforcement in the event an employee is stopped in a shelter in place or similar area. Visit AgAviation. org/covidresources to download the sample document.

Check TFRs and Airport Closures

Air support may yet play a role in fighting the coronavirus and TFRs may be needed in the event of large-scale aerial supply operations. Additionally, smaller airports may have momentarily closed or have been forced to close by state or local regulations. If the airport is open, be sure to check to see if fuel services are available.

FAA Medical Certification

The FAA issued a policy that suspends enforcement against individuals with first, second or third class medical certificates expiring between March 31 and June 30, 2020. Be sure to check with your insurance underwriter to ensure you are covered if your licensed expired during this timeframe and a situation occurs resulting in having to file a claim.

NAAA is continuing to work with the FAA and is urging the agency to undertake an emergency rulemaking to formally extend medical certificates and not simply stop enforcement actions. The FAA has indicated it is working on a Special Federal Aviation Regulation (SFAR) to possibly address this and other issues, such as pilot currency requirements.

Regardless, NAAA recommends ag aviators still renew their medical certificates if they are able make an appointment with an Aviation Medical Examiner.

Pesticide Applicator Licensing Extension

NAAA has requested that the EPA allow states to relax recertification guidelines until we move past coronavirus-related shutdowns.

Many states have already provided guidance on how they are dealing with pesticide recertification during the pandemic. The Association of American Pesticide Control Officials surveyed state pesticide control officials about the state of pesticide certification testing in their states. The state pesticide control officials’ responses are available at tiny.cc/aapco-cert-testing-survey. The states are listed in no particular order; use your browser’s “find” feature to locate your state on the page.

In Nebraska, the state Department of Agriculture issued an order on April 13 declaring that those in the state with commercial applicator licenses expiring by April 15, 2020, who notify the department of their intent to renew their license and pay their fee by May 15 will be allowed to defer training and license renewals until April 15, 2021.

Commercial Driver’s License (CDL) Temporary Provisions

Several temporary provisions have been issued regarding commercial driver’s licenses:

• The Federal Motor Carrier Safety Administration (FMCSA) suspended truckers’ service hours until May 15 or until the end of the emergency for drivers providing services related to the coronavirus response. NAAA has joined an industry letter asking the FMSCA to extend this waiver to all commercial drivers in the agricultural supply chain, including drivers supporting aerial application operations.

• The FMCSA issued a waiver until June 30 for states, CDL holders, commercial learner’s permit (CLP) holders and interstate drivers operating commercial motor vehicles that covers multiple items including CDL renewals, CLP holders and medical examination and certification.

• On April 9, the FMCSA issued an emergency waiver for states regarding third party Commercial Driver License (CDL) skills test examiners in response to the COVID-19 pandemic. This waiver allows third party CDL test examiners previously authorized by the state to administer the CDL skills test to also administer the CDL knowledge test without completing a CDL knowledge test training course. Learn more at tiny.cc/fmcsa-3ptester-waiver.

TSA Grants Temporary Exemption for Hazardous Material Endorsement Holders

The Transportation Security Administration (TSA) is granting a temporary exemption from requirements regarding expiration of TSA security threat assessments for Hazardous Material Endorsement holders. The exemption is valid through July 31. Learn more at tiny.cc/tsasta-hazmat-exemption.

OSHA Expands Temporary Guidance on Respiratory Protection Fit-Testing

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a memorandum detailing expanded temporary enforcement guidance on respiratory protection fit-testing for N95 masks in all industries during the COVID-19 pandemic. This guidance provides the best practices for using different types of respiratory masks while N95 masks are in short supply. Learn more at tiny.cc/osha-covid19-maskmemo.

Additional Resources

Potential Small Business Aid for Aerial Applicators: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), is an unprecedented economic relief package passed by Congress and signed into law by President Donald Trump to stem the economic fallout from the COVID-19 pandemic. The bill is a $2 trillion dollar lifeline in loans and grants for large and small businesses, as well direct payments for most Americans. At press time, the White House and congressional leaders had reached agreement on the CARES Act 3.5 authorizing an additional $484 million in economic stimulus funds and financial aid for hospitals and to boost coronavirus testing.

USDA Unveils Federal Resource Guide for Rural Communities: The USDA’s COVID-19 Federal Rural Resource Guide lists federal programs that can help rural communities, organizations and residents impacted by COVID-19. The USDA’s guide is available at tiny. cc/covid-19-rural-resources.

NAAA is available to answer any of your questions during these disruptive times. Please do not hesitate to reach out if you have any questions or concerns. NAAA remains open for business during the COVID-19 disruption. NAAA staff continues to work during the normal business hours of 8:30–5 p.m. ET Monday through Friday, albeit through a remote office as most staff are working from home. Contact NAAA at (202) 546- 5722 or information@agaviation.org.

Help NAAA Help You

From the fuel shortages of the 1970s to the groundings after 9/11 to the COVID-19 pandemic, NAAA has been and will continue to answer the call for agricultural aviators as your advocates in Washington, D.C.

The simplest way to support NAAA’s efforts on your business’s behalf is by becoming a member. If you aren’t a member already, join NAAA to preserve and protect agricultural aviation and your way of life. Without a doubt, it is one of the best investments you can make for yourself and your business. To join NAAA, call 202-546-5722 or visit AgAviation.org/membership.

Thank you for what you do to ensure a safe, affordable and abundant supply of food, fiber and biofuel for the world.