Crop Dusters Grounded: Government and Industry Respond to the Threat of Terrorist Attacks Using Crop-Dusters

Thomas P. Redick and
Kathleen S. Northcutt
tpredick@gjn.com; ksnorthcutt@gjn.com

Thomas P. Redick is vice chair for Section's Committees on Agricultural Management Committee and Toxic Torts and Environmental Litigation. He is a member, and Kathleen Northcutt is an associate, at Gallop, Johnson & Neuman, L.C. in St. Louis, Missouri.

In the aftermath of the September 11 attacks on the World Trade Center and the Pentagon, the news that the hijackers also showed an interest in crop-dusting airplanes caused concern about the potential for future attacks dispersing biological or chemical weapons through crop-dusters. After September 11, the Federal Aviation Administration (FAA) temporarily banned all agricultural aviation in the 48 contiguous states three times in rapid succession. The subsequent discovery of anthrax being delivered via U.S. mail further increased concerns about bioterrorism, and at press time there were two ongoing investigations of potential improper releases of substances from crop-dusters flying near the Mississippi River. While biological limits reportedly make crop-dusters less than ideal for delivering bacteria, increased vigilance of agricultural aviation will be the order of the day throughout the coming year. As a practical matter, the high season for crop-dusting activity is summer, so there is time to work out an approach to security over the winter.

The Bans
The FAA imposed the first ban on agricultural aviation immediately following the attack, when all air traffic was grounded from September 11 through 14. The second ban, specific to crop-dusters, was imposed on September 16 and lifted on September 17. On September 23, as new evidence came to light, the FAA re-imposed the ban, lifting it on September 26. After the FAA grounded crop-dusters for the third time since the September 11 attacks, sources inside government told the press there was still a "serious, credible threat" that terrorists may attempt to use crop-dusters in further attacks.

Based on news reports, the following chronology of events prior to September 11 summarizes what has been publicly revealed about the basis of this threat:

February, 2001: Three men of apparent Middle Eastern origin visit tiny Belle Glade State Municipal Airport in Florida to inspect crop-dusters, asking about: (1) fuel capacity,
(2) chemical capacity, and (3) ease of maneuvering. These visits were repeated several times through the summer. Using video or still cameras, the crop-dusters were photographed. The leader of the group: Egyptian Mohamed Atta, 33, reportedly the pilot who commandeered the American Airlines flight from Boston that was the first to hit the World Trade Center on September 11.

July-August, 2001: Several Middle Eastern men visited South Florida Crop Care, a single-plane crop-dusting business at Belle Glade airport nearly every weekend for many weeks prior to September 11 - including the weekend prior to the assaults.

August, 2001: Zacarias Moussouai, a man with alleged links to terrorist Osama bin Laden, was detained in Minnesota after he sought training at a flight school. Investigators discovered a manual on crop-dusters in his possession. The intelligence community reportedly encouraged the FAA to shut down crop-dusters.

On October 11, President Bush addressed the ban and the threat of bioterrorism in comments to the press, noting that retrofitting would be required in order for a crop-duster to become an effective weapon of mass destruction. Bush on State of War, Washington Post Online, October 11, 2001. As a result, machine shops near crop dusters were placed under scrutiny as well. Bush also summarized America's current position with respect to terrorist threats. "We took strong and appropriate action, and we will do so anytime we receive a credible threat. Now, the American people have got to go about their business."

The Industry Response
The National Agricultural Aviation Association (NAAA) reported that the FBI and FAA have not informed the group of any specific event triggering the grounding orders. There have been no confirmed reports of stolen planes or agricultural chemicals in recent weeks. The NAAA suggests that agricultural aviators check the FAA "Notice to Airmen" on a continuing basis to determine the current status of authorized operations. See FAA Website at <http://www.faa.gov/NTAP/Index.htm>. Meanwhile, the president of the NAAA issued a statement predicting grave consequences of continued bans on agricultural aviation: "The agricultural production of this nation will wilt on the vine, the forest fires will continue to consume our wilderness, and an industry that has always been essential to the production of food and fiber will be destroyed if this is allowed to continue...."

In response to the recent groundings, the NAAA has also posted a security notice urging agricultural aviators "to maintain, and where necessary improve, aircraft and operations security." The NAAA recommendations include: securing and/or disabling planes while not in use, installing hidden security switches to protect against unauthorized users, and using deterrents such as dogs, alarms, and enhanced lighting. Some crop-duster operators are already adopting such in-house security measures. For example, in Arizona reportedly crop-duster pilots are voluntarily disabling their planes while not in use.

State regulators also are stepping in to increase vigilance in the monitoring of crop-dusting equipment and operations. Florida's Department of Agriculture has imposed emergency regulations requiring agricultural pilots to file advance flight plans with state officials and to provide tail numbers, descriptions of planes, and notice of the chemical to be used. See Kathy Bushouse, State Sets Crop-Dusting Rules, Sun-Sentinel (Sept. 27, 2001).

The Cloudy Future
With increased concerns for national security, the regulatory future for agricultural aviation (as well as for other industries that use hazardous materials or equipment) may be cloudy for some time to come. One would hope for a process allowing input from all stakeholders, including the affected industries, before regulators adopt permanent measures inhibiting agricultural aviation. As Steven Bahls, president of the American Agricultural Law Association, noted in his annual address to members on October 12, 2001, in Denver, Colorado, a complete ban on crop-dusting would be disastrous for certain agricultural sectors. As winter sets in, both the industry and the regulators would be wise to begin the process of developing and implementing controls that abate the terrorist threat without unduly hindering the use of crop-dusters for their intended purposes.