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3.2.6.2 When in the vicinity of the target area, pilots should conduct an in-flight survey, assessing any risks, such as Meteorological Evaluation Towers (MET), wind turbines, Airborne Wind Energy Systems (AWES), or other uncharted obstacles. Pilots should survey the area adjacent to the work location to determine that the material dispensed will not damage property or injure persons on the surface. UAS operators should conduct a visual survey of the area from the ground prior to flight.
3.2.6.3 Pilots should be aware of the possible damage to some enterprises from engine and propeller noise emitted as the pilot executes a pullup and turnaround.
3.2.6.4 Investigate the target area for fish ponds, lakes, streams, and drainage ditches, as certain economic poisons may be lethal to fish and wildlife.
3.2.7 Safety Procedures. Pilots should determine whether the potential treatment area could be considered a congested area. They may want to confer with the responsible AFS office.
The pilot should be familiar with the provisions of § 137.51 for operating over a congested area.
3.2.7.1 Operators should be knowledgeable about safe flight and safe application procedures during agricultural operations. Pilots should be familiar with the hazards associated with dispensing materials that may be flammable.
3.2.7.2 When conducting operations over sloping terrain, pilots should exercise caution relative to the direction of swath runs. Flying up the slope may result in stalling the aircraft before reaching the end of the swath run or contribute to an inadvertent stall during the pullup or turnaround.
3.2.7.3 Pullups and turnarounds are normally made on the downwind side of the centerline of the swath run. Unfavorable terrain, wires, guy wires, poles, trees, or other obstructions may require making pullups and turnarounds on the upwind side. If a no-wind condition exists, usually the best procedure is to make the turn into an open area (if available) in the event of power loss or engine failure.
3.2.7.4 The aerial applicator pilot should avoid distraction during a swath run.
Inattentiveness may result in allowing the aircraft to fly into the ground or other obstruction. The aerial applicator pilot may tend to apply forward pressure on the elevator or cyclic control when flying under wires. Pilots should avoid such a tendency because once any part of the structure of the aircraft (e.g., wheels and skids) becomes entangled in crop foliage, it may be difficult, if not impossible, to prevent the aircraft from being pulled to the ground. The vertical fin may also contact the wires as the aircraft passes underneath them. Pilots of aircraft, and especially helicopter pilots, may choose not to fly under wires and dress-up the field parallel to the wires.
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3.2.7.5 When using two or more aircraft (manned or unmanned) to apply chemicals to a field, the pilots conducting the operation should be encouraged to arrange between themselves who performs the cleanup swaths or trim passes, when applicable. Mid-air collisions have occurred between aircraft conducting team operations when no coordination is accomplished.
3.2.7.6 If using Global Positioning System (GPS) swath-marking equipment, use extreme caution to prevent diverting attention away from the task of flying the aircraft safely. The pilot should make it a practice to not adjust the computer while in the swath run. The pilot should plan the turn using the light bar as reference, but should not fixate on it.
3.2.8 Risk Assessment and Mitigation Strategies. There are numerous hazards and risks associated with low altitude aerial application. Pilots need to identify the hazards and risks, and one tool that is helpful to use is the “PAVE” checklist. The elements of PAVE are: Pilot in command, Aircraft, enVironment, and External pressure.
1. Pilot in Command (PIC)—The Risks and Hazards:
• Pilot’s health, illness, and medications.
• Fatigue.
• Stress.
• Emotions.
2. Aircraft—The Risks and Hazards:
• Ready for flight (preflight accomplished), legal to fly.
• Maintenance issues or concerns.
• Performance considerations.
• Experience in make and model (M/M).
3. Environment—The Risks and Hazards:
• Weather, ceiling, visibility, wind, fog, and Density Altitude (DA).
• Obstacles, such as wires, towers, trees, METs, AWES, and wind turbines.
• Congested areas, such as buildings, structures, and treelines.
4. External Pressures—The Risks and Hazards:
• Finances, the pressure to keep earning money regardless.
• The customer who needs their crops sprayed now.
• The growing season, small windows for applied substances.
• The peer pressure from the boss or family to work.
• The temptation to use cell phones, texting, snapping pictures, and filming while flying.
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3.2.8.1 A risk assessment can then be formulated. Does the proposed operation fall within a low, medium, or high assessment? Using a risk assessment matrix can be helpful. Refer to FAA-H-8083-2, Risk Management Handbook, for examples at https://www.faa.gov/regulations_policies/handbooks_manuals/ aviation/media/FAA-H-8083-2.pdf.
3.2.8.2 Once a pilot has identified and quantified the risk (determined the level or risk), mitigation strategies can then be used. Some examples are:
• Well-rested, not fatigued.
• Adequate weather conditions for safe flight and personal minimums.
• Target field properly surveyed.
• No maintenance discrepancies.
• Partial load versus full load for performance needs.
3.2.9 Night Operations. Pilots may conduct night operations under certain conditions. The following guidance is useful in assessing the basic safety considerations of such operations:
3.2.9.1 Immediately before a night operation, the pilot should obtain any available information concerning the possibility of a temperature inversion in the area of operation. Inversion causes the suspension of dust particles and liquid droplets in the air, which could result in an uncontrollable drift problem.
Conducting operations in an area with temperature inversions is inadvisable.
3.2.9.2 Operators should establish safety practices and procedures for night operations. The following are some suggestions for these practices and procedures:
1. The field where night operations are to be conducted should be checked from the ground in daylight with ground personnel (if used) or with the operation’s supervisor.
2. Develop a plan for working the field. The pilot may find it advantageous to diagram the field and indicate the approximate locations of any obstructions that could affect the safety of the operation.
Note: If operating a UAS at night, an exemption or waiver is required.
3.2.9.3 Night vision goggles (NVG) operations will require operations in accordance with applicable sections of parts 61 and 91 for both certification of aircraft and pilot. The operator using NVGs will be required to maintain currency in accordance with those applicable regulations, including an endorsement for ground and flight training, unless meeting certain requirements per part 61.
3-5 At present time, AFS requires no additional authorizations for NVG use in part 137 operations.
3.2.10 Aircraft Position Lights. Manned agricultural aircraft without position lights may takeoff and land at an airport with a functioning control tower only when authorized by air traffic control (ATC). Pilots may takeoff and land at uncontrolled airports only with the permission of the airport management and when other aircraft operations that require position lights are not in progress.
3.2.11 Use of Safety Belts and Shoulder Harnesses. Unless otherwise exempted, each seat installed in an aircraft must have safety belts and approved shoulder harnesses.
Section 137.42 prohibits operating aircraft without a safety belt and shoulder harness properly secured about an occupant. The shoulder harness may be unfastened if it hinders the occupant in performing his or her required duties.
3.2.12 Prior Coordination. The operator is responsible for coordinating with airport management and ATC before conducting agricultural operations in and around airports.
Note: UAS operations require a waiver and Certificate of Authorization (CoA) to operate in other than Class G airspace and some Class E airspace (refer to § 107.41).
3.2.13 Deviation From Published Airport Traffic Patterns. The pilot in command (PIC) of an aircraft engaged in part 137 operations may deviate from an airport traffic pattern when authorized by the control tower. At an airport without a functioning control tower, the PIC may deviate from the traffic pattern if:
• Prior coordination has occurred with the airport management.
• Deviations are limited to the agricultural aircraft operation.
• Use of ramps, taxiways, or other areas of the airport not intended for landing and takeoff only occurs during emergencies.
• The agricultural aircraft at all times remains clear of, and gives way to, aircraft conforming to the traffic pattern for the airport. (Refer to § 137.45.)
3.2.14 Operations Within Controlled Airspace.
3.2.14.1 Except for flights to and from a dispensing area, pilots may not operate an aircraft within the lateral boundaries of the surface area of Class D airspace designated for an airport. To operate in such airspace, pilots must receive prior authorization from the ATC facility that has jurisdiction over that area.
3.2.14.2 Pilots may not operate an aircraft in weather conditions that are below visual flight rules (VFR) minimums within Class E airspace. To operate under such conditions, pilots must receive prior authorization from the ATC facility that has jurisdiction over that area.
3-6 Note: UAS operations require a waiver and CoA to operate in other than Class G airspace and some Class E airspace (refer to § 107.41).
3.2.15 Dispensing Operations.
3.2.15.1 The resulting cloud from dispensed chemical dust could spread in such a way that it obscures the horizon, flaggers, or other ground reference. If this condition occurs, operators must halt dispensing until ground references are once again visible.
3.2.15.2 The pilot should brief the ground crew concerning the chemical being used and the necessary protective clothing. The personal protective equipment (PPE) (rubber gloves, apron, boots, respirator, etc.) should be tailored to the environment and particular chemical in use. When using flaggers, pilots should be able to brief them concerning the potential hazard of the pesticide being dispensed, and should indicate that they equip themselves with the appropriate PPE.
3.2.15.3 Pilots should also be aware that persons working closely with or handling pesticides should change clothes and bathe at the end of the operation, or immediately if the pesticide contacts their skin. Persons handling pesticides should wear clean work clothes daily.
3.2.15.4 The pilot must be knowledgeable about procedures to prevent contamination of the water sources if water is obtained from streams or ponds for mixing purposes. The pilot must know state and local laws concerning spillage. They should be knowledgeable about how often to clean aircraft and spray equipment (e.g., daily or as often as required) to remove accumulation of pesticide residue. When cleaning aircraft, the pilot should be aware of state and local laws concerning drainage into a sewer, ditch, pond, stream, or other body of water, and the location of approved disposal sites.
3.2.15.5 Section 137.19(e)(1)(iv) requires that the agricultural pilot possess sufficient knowledge of the primary symptoms of poisoning to promptly seek immediate professional medical attention when concern exists regarding contamination.
If required, perform decontamination in accordance with the manufacturer’s labeling and instructions.
3.2.16 Poison Control Resources.
3.2.16.1 Use the latest issue of the Directory of Poison Control Centers to locate poison control centers in the United States. This U.S. Department of Health and Human Services (HHS) publication may be available at local HHS offices. Several chemical hotlines are available for the use of persons who handle chemicals.
3.2.16.2 The National Pesticide Telecommunications Network (NPTN) operates a toll-free hotline, 1-800-858-PEST (7378), Monday through Friday, 8:00 a.m.
3-7 to 12:00 p.m. PST. During those hours, qualified personnel are available to answer questions about pesticides. This hotline can provide information about treatment by a physician after contamination or suspected contamination. The location of the nearest poison control center, cleanup of a pesticide spill, and other related information is also available on the National Pesticide Information Center’s website at www.ace.orst.edu/info/nptn.
3.2.16.3 The Chemical Transportation Emergency Center (CHEMTREC) offers emergency phone service 24 hours per day, 7 days per week. In the event of an incident or accident involving pesticides, CHEMTREC can provide emergency response information pertaining to chemical spills. In emergency situations call 1-800-424-9300. For nonemergency, general information, or referrals call 1-800-262-8200, Monday through Friday, 9:00 a.m. to 6:00 p.m.
EST. They also maintain a website at www.chemtrec.com.
3.2.17 Operations over Noncongested Areas. The following applies to part 137 operations in noncongested areas during actual dispensing, including approaches, departures, and turnarounds reasonably necessary for the operation. Provided the operation does not create a hazard to persons or property on the surface (refer to § 137.49), aircraft may operate:
• Below 500 feet above the surface.
• Closer than 500 feet to persons, vessels, vehicles, and structures.
3.2.18 Congested Area Plan (CAP).
3.2.18.1 Unless prohibited by conditions and limitations (C&L) in an exemption, waiver, or CoA, applicants (including public aircraft operators) should have procedures for preparing CAPs in the event such aerial dispensing applications are necessary.
3.2.18.2 CAPs are operation-specific functions; the plan applies to the specific location of proposed dispensing operations. The operator (including public aircraft operators) should try and submit a CAP as soon as possible when learning of, or expecting the need for such. The applicant must develop the CAP and have it approved by the responsible AFS office. The plan should provide:
1. Insight as to how the applicant intends to ensure maximum safety of the persons and property on the surface.
2. Assurance that the operator has established appropriate emergency precautions consistent with the proposed operation.
3.2.18.3 Once approved, the operator must follow this plan without exception. The applicant should submit the CAP of operation in writing with the following:
1. A current aerial photograph (preferably within the preceding 24 months to be considered representative of the area), large-scale
3-8 map, or diagram of 1) the proposed work area that is appropriately marked to show all obstructions that may present a hazard during the operation, and 2) areas that could be used for an emergency landing and dumping of agricultural materials.
2. The altitudes and airspeeds during the operation.
3. The approximate dispensing rate per acre, and the name and type (solid, liquid) of material to be dispensed.
4. Dates and hours of the day of the performance of proposed dispensing operations.
5. Coordination with ATC.
6. Other limitations, safety, or operating procedure considerations as may be required for the particular situation.
7. Any applicable exemptions, waivers, or CoAs for manned aircraft and UA operations.
3.2.18.4 Agricultural aircraft may operate over congested areas with prior written approval from the appropriate official or governing body of the political subdivision over the area of proposed dispensing operations. An appropriate elected public official or governing body may include any of the following:
• Mayor,
• City Manager,
• City Council,
• County Board of Supervisors,
• County Commissioner, and/or
• Any other similar elected public official.
3.2.18.5 Under § 137.51(b)(2), a public notice should be given at least 48 hours before dispensing operations begin. The form that the public notice takes is up to the operator. Newspaper ads, radio announcements, television announcements, or door-to-door handbills are all acceptable methods.
3.2.19 Records.
3.2.19.1 Under § 137.71, commercial operators must keep their records at the operator’s designated home base of operations. It is not necessary for private operators to maintain records under this section; however, it may be in the operator’s best interest to do so.
3.2.19.2 Pilot records are usually kept separate from the operating records and they must meet the requirements of § 137.71(a)(4). Commercial and private operators must present evidence that each person used in the agricultural
3-9 operations is informed of their duties and responsibilities, and when that person passed or demonstrated their knowledge and skill test.
3.2.20 Additional Operating Procedures. Applicants should develop operating procedures to address the following subject areas:
1. Dispensing any material or substance in a manner that will not create a hazard to persons or property on the surface.
2. Ensuring that each person used in the agricultural aircraft operation is informed of their duties and responsibilities.
3. Ground crew coordination and loading procedures.
4. Limitations on a private agricultural aircraft operator.
5. Limitations on passenger carrying.
6. Limitations on Weight and Balance (W&B).
7. Procedures for ATC coordination.
8. Airport traffic pattern operating procedures.
9. Night operations procedures.
10. Limitations and operating restrictions for pilots and aircraft conducting operations over congested areas.
11. General limitations and restrictions for conducting operations over congested areas.
12. Conducting operations over noncongested areas.
13. Limitations on dispensing in congested areas.
14. Limitations and operating restrictions for dispensing economic poison.
15. Procedures for recording and handling aircraft discrepancies.
16. If the aircraft has an approved minimum equipment list (MEL), procedures for deferring and returning items to service.
17. Operating limitations and restrictions for approaches to the working area, flareout, swath runs, pullups and turnarounds, and jettisoning.
18. Preflight procedures.
19. Procedures for when it is necessary to fly under wires.
20. Safe aerial application procedures.
21. Knowledge of aircraft operating limitations.
22. Risk mitigation strategies.
23. Fatigue awareness and fatigue management strategies.
24. Procedures reflecting the C&L in applicable exemptions.
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3.3 Airmen-Specific Items—Basic Eligibility Requirements.
3.3.1 Commercial Agricultural Operators. Applicants receive a Commercial Agricultural Aircraft Operator Certificate after demonstrating compliance with the requirements of § 137.19(c), (d), and (e). The applicant must have the appropriate knowledge and skills, or have the services of a chief supervisor of agricultural operations who has the appropriate knowledge and skills. Pilots designated to conduct operations for the commercial operator/applicant must hold a current Commercial or Airline Transport Pilot Certificate with the appropriate ratings. Applicants who meet the airmen certification requirements for a commercial aircraft operator may be designated as a pilot for the operation (refer to § 137.19). Unless otherwise exempted, applicants for a Commercial Agricultural Aircraft Operator Certificate must have the following:
• At least one person who holds a current U.S. Commercial or Airline Transport Pilot Certificate and rating for the aircraft to be used.
• The aircraft used must be certificated, Airworthy, equipped for agricultural operation, and in a condition for safe flight, unless otherwise exempted.
• For UAS operations in accordance with part 107, a Remote Pilot Certificate is required.
• The pilot must successfully complete a knowledge and skill test for the category of aircraft flown (e.g., airplane, rotorcraft, or UAS).
3.3.2 Private Agricultural Operators. An applicant for a Private Agricultural Aircraft Operator Certificate is entitled to that certificate if the applicant demonstrates compliance with the requirements of § 137.19(b), (d), and (e). Applicants seeking a Private Agricultural Aircraft Operator Certificate should be familiar with the limitations set forth for private operators (refer to § 137.35). Private agricultural aircraft operators may not conduct operations for compensation or hire, or conduct operations over a congested area. The operator must provide proof of property ownership or other property interest in the crop located on the property where the operation will be conducted. Unless otherwise exempted, applicants for a Private Agricultural Aircraft Operator Certificate must have the following:
• A person holding a current U.S. Private, Commercial, or Airline Transport Pilot Certificate and is properly rated for the aircraft to be used.
• For UAS operations in accordance with part 107, a Remote Pilot Certificate is required.
• The aircraft used is certificated, Airworthy, and equipped for agricultural operation.
• The pilot must successfully complete a knowledge and skill test for the category of aircraft flown (e.g., airplane, rotorcraft, or UAS).
3.3.3 All Agricultural Operators. Commercial and private agricultural aircraft applicants can designate someone as the chief supervisor of agricultural aircraft operations. That individual should have satisfactory knowledge and skills regarding agricultural aircraft
3-11 operations. The chief supervisor must satisfactorily complete a knowledge and skill test (administered by the FAA) regarding the proposed operation (e.g., airplane, rotorcraft, or UAS). Considering the following, the CPM decides whether conducting the knowledge and skill test is necessary:
• The chief supervisor has previous part 137 experience.
• The chief supervisor provides evidence of a logbook endorsement or a letter of competency from an FAA aviation safety inspector (ASI) that verifies their level of experience.
3.3.4 Pilot Experience for Operation Over Congested Areas. Unless otherwise exempted, prior to the FAA approving a CAP, operators must comply with § 137.53(b) with regard to flight experience. The PIC must have 100 hours of flight experience in dispensing agricultural materials or chemicals. The PIC also must have 25 hours of flight time in the make and basic model of the aircraft. At least 10 of the flight hours must have been acquired within the preceding 12 months.
3.3.5 Night Operations Experience. The operator should establish flight experience qualifications for pilots conducting night operations. For example, an operator may require pilots to acquire 15–25 hours in operations in proximity to the area of proposed night operations. To enhance safety, operators should require a pilot to work an area during daylight before working the same area at night. For operations using a UAS at night, an exemption or waiver is required.
3.3.6 Fatigue and Fatigue Management Strategies. All airmen need to be aware of fatigue and the effects it can have on human performance, especially those pilots who conduct operations under part 137. It is vitally important for pilots to recognize when they are fatigued and then take action to rest. Operators and pilots need to develop mitigation strategies to help prevent fatigue. The following items and mitigations need to be considered:
• Adequate rest is needed before flying; learn to recognize and manage fatigue.
• Fatigue can also be associated with tiredness, weakness, lack of energy, lethargy, depression, lack of motivation, and sleepiness.
• Studies show loss of sleep has a negative effect on one’s cognitive functions (logical reasoning, mental arithmetic, and coding–decoding), maintaining situational awareness, and impaired short-term memory.
• Lack of sleep can affect your mood, leading to detrimental interactions with ground crew or mechanics.
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3.3.6.1 Strategies to Mitigate the Effects of Fatigue.
1. Plan on recovery sleep, in general, if a person has experienced several days of sleep restriction below the normal requirement of 8 hours per day. Full recovery of performance may require several days of 9 hours or more sleep per day.
2. Sleep is the only way to reverse sleepiness. Therefore, at time when some amount of sleep is possible but limited, napping is the most effective physiological strategy for restoring alertness levels.
3. Plan activity breaks into your schedule, which can increase alertness.
4. Use of caffeine can be an effective way to help improve alertness and performance.
5. Pilots and operators are encouraged to read AC 120-100, Basics of Aviation Fatigue, which can be found at http://www.faa.gov/ documentLibrary/media/Advisory_Circular/AC%20120-100.pdf.
3.4 Aircraft-Specific Items.
3.4.1 Aircraft Performance. Each operator and PIC should become familiar with their aircraft’s pilot’s operating handbook (POH) and/or the Aircraft Flight Manual (AFM) or the Rotorcraft Flight Manual (RFM) for the aircraft flown. This should also include, but is not limited to:
• Working W&B problems for full loads and partial loads for aircraft flown.
• Be aware of handling characteristics of their aircraft at different weights and configurations.
• Be aware of DA and how it affects performance (e.g., flights conducted during morning conditions, flights conducted in the heat of day, and flights conducted in evening hours).
• Plan for performance differences affected by DA and load conditions.
• Be aware of operating close to stall speed during pullups and turnarounds while conducting operations.
3.4.2 Aircraft Requirements. Aircraft typically used in agricultural operations are type certificated (TC) under 14 CFR parts 21 and 23. Aircraft TC’d under part 21 receive a Special Airworthiness Certificate under part 21, §§ 21.25 and 21.185 for restricted-category aircraft, and §§ 21.191, 21.193, and 21.195 for experimental aircraft (private operator only). Unless otherwise exempted, the aircraft must meet the following criteria:
• The aircraft is properly certificated, Airworthy, and equipped for agricultural operations.
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• The aircraft is equipped with a suitable and properly installed shoulder harness for use by each pilot (refer to § 137.31(b)).
3.4.3 Certification of Restricted-Category Aircraft.
3.4.3.1 An aircraft issued a restricted-category TC under § 21.25(a)(1) must conform to the following:
• The type design approved under the category in which the aircraft previously held certification.
• The type design for the restricted-category modifications to the aircraft.
3.4.3.2 If no modifications were made to the aircraft, and the aircraft was previously certificated in the standard category, the applicant must show that it is in safe operating condition and conforms to the type design for the standard category (unless the restricted-category type design data specifies airworthiness requirements that have been found inappropriate for the special purpose).
3.4.3.3 A restricted-category type certification is a special TC. An aircraft used in agricultural operations must be TC’d under § 21.25 or Civil Air Regulations Part 8 (CAR 8) before receiving a restricted-category airworthiness certificate.
In the case of an aircraft previously TC’d in another category (e.g., standard category) and modified for a restricted, special-purpose operation under § 21.25 or CAR 8, the previously approved TC and the Supplemental Type Certificate (STC) or approved data can be considered the equivalent of a restricted TC. The TC and STC or approved design data should define the design parameters that make up the restricted-category Type Certificate Data Sheets (TCDS).
3.4.3.4 The following are examples of aircraft that are eligible for a Special Airworthiness Certificate (restricted category):
1. Aircraft TC’d in the restricted category and manufactured under a production certificate, approved production inspection system, or a TC.
2. Aircraft TC’d in the restricted category that were surplus U.S. military aircraft and manufactured in the United States.
3. Aircraft that are imported to the United States and TC’d in the restricted category under § 21.29 and that have been certified by the country of manufacture to conform to the approved type design.
4. TC’d, standard-category aircraft that have been modified and approved for a restricted purpose under § 21.25, including aircraft TC’d under CAR 8.10(b) for agricultural operations.