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.
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3.4.3.5 Modified aircraft that were either surplus U.S. military aircraft or TC’d in another category (i.e., § 21.185(b)), must satisfy the following to be eligible for a Special Airworthiness Certificate in the restricted category:
1. The modification conforms to the FAA-approved data that forms the basis for the restricted TC.
2. The aircraft is in a good state of preservation and repair and is in a condition for safe operation.
3.4.3.6 All aircraft TC’d in the restricted category must operate in compliance with the limitations prescribed in § 91.313. For turbine-powered aircraft, piston-powered aircraft over 800 horsepower, rotorcraft, large aircraft (over 12,500 pounds), and any other aircraft deemed necessary, a limitation concerning pilot qualifications may have been prescribed in the aircraft certification. This limitation may require the PIC to have an aircraft type rating or possess an LOA.
3.4.3.7 Section 91.313(c) prohibits carrying cargo for compensation or hire in restricted aircraft. It is, however, acceptable to transport cargo necessary to accomplish the operation for which the restricted TC was issued.
3.4.4 Aircraft Operating Restrictions.
3.4.4.1 The FAA limits restricted-category aircraft to the special purpose operations for which they have specific approval. The special purposes approved for an aircraft must be listed in the aircraft’s TCDS or in an STC installed on the aircraft.
3.4.4.2 The provisions of § 21.25 authorize restricted-category aircraft to conduct the following special-purpose operations:
• Agricultural (e.g., spraying, dusting, seeding, and livestock and predatory animal control);
• Forest and wildlife conservation;
• Aerial surveying (e.g., photography, mapping, and oil and mineral exploration);
• Patrolling (pipelines, power lines, and canals);
• Weather control (cloud seeding);
• Aerial advertising (e.g., skywriting, banner towing, airborne signs, and public address systems); and
• Any other operation specified by the Administrator.
3.4.4.3 Operators must use restricted-category aircraft under § 91.313.
Restricted-category aircraft may have a reduced level of safety compared to
3-15 that of standard-category aircraft. The FAA imposes certain operating restrictions to maintain an equivalent level of safety for the public.
Section 91.313 imposes the following operating restrictions:
• No carriage of passengers for compensation or hire;
• No carriage of cargo for compensation or hire; and
• Unless otherwise authorized, no operations may be conducted over densely populated areas, in congested airways, or near busy airports where passenger transport operations are conducted.
3.4.4.4 Provided that an aircraft certificated as experimental is properly equipped for the agricultural operation, private agricultural operators may use it under certain conditions, as prescribed in § 91.319.
3.4.5 International Limitations for Restricted-Category Aircraft. A restricted-category aircraft may not meet the International Civil Aviation Organization (ICAO), Annex 8, Airworthiness of Aircraft. Before working within foreign airspace, operators must ensure they comply with that country’s pertinent regulations.
3.4.6 Civil Aircraft of U.S. Registry Operating Outside the United States. Agricultural aircraft operators conducting operations outside the United States must comply with § 91.703(a)(2)(3) and (b). Operators conducting flight operations between the United States and Canada or Mexico must file an appropriate flight plan, as prescribed in § 91.707.
3.4.7 North American Free Trade Agreement (NAFTA) Specialty Air Service Operation.
NAFTA came into effect on January 1, 1994, after its ratification by Canada, Mexico, and the United States of America. NAFTA opened up cross-border trade in specialty air service, as defined in NAFTA Article 1213, for aerial mapping, aerial surveying, aerial photography, forest fire management, firefighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, flight training, aerial inspection and surveillance, and aerial spraying services. For more information, consult AC 00-60, North American Free Trade Agreement and Specialty Air Services Operations.
3.4.8 Noise Compliance. Restricted-category aircraft must comply with the applicable noise requirements of 14 CFR part 36. Small, propeller-driven aircraft and rotorcraft used for agricultural aircraft operations (as defined in part 137, which includes aerial dispensing of firefighting materials), are exempt from part 36 noise requirements.
3.4.9 Aircraft Markings. The operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” followed by the registration number of the aircraft (for UAS requirements, refer to 14 CFR part 48, § 48.1). Each suffix letter used in the marks displayed must also be a Roman capital letter. The aircraft must display the word “restricted” or “experimental” near each entrance to the cabin, cockpit, or pilot
3-16 station. The letters making up the word “restricted” or “experimental” cannot be less than 2 inches nor more than 6 inches in height. (Refer to part 45, § 45.23.)
3.4.10 Fixed-Wing Aircraft Markings. Unless otherwise exempted, fixed-wing aircraft must display their required markings on either the vertical tail surfaces or the sides of the fuselage. Markings on the vertical tail surfaces must be horizontally affixed on both surfaces of a single vertical tail or on the outer surfaces of a multivertical tail. Markings on the fuselage must be affixed horizontally on both sides between the trailing edge of the wing and the leading edge of the horizontal stabilizer. (Refer to § 45.25.)
3.4.11 Rotorcraft Markings. Unless otherwise exempted, each rotorcraft display must include the Roman capital letter “N” followed by the registration number of that rotorcraft. The marks must be displayed horizontally on both surfaces of the cabin, fuselage, boom, or tail. (Refer to § 45.27.)
3.4.12 Size of Markings (Nationality and Registration Marks).
3.4.12.1 Unless otherwise exempted, the height of the markings for a fixed-wing aircraft must be at least 12 inches. Aircraft manufactured between November 2, 1981, and January 1, 1983, that are displaying marks of at least 2 inches high may display those marks until the aircraft is repainted or the marks are repainted, restored, or changed.
3.4.12.2 Unless otherwise exempted, rotorcraft markings must be at least 12 inches high. Rotorcraft manufactured between April 18, 1983, and December 31, 1983, may display the marks required of that time period until the aircraft is repainted or the marks are repainted, restored, or changed.
3.4.12.3 If an aircraft will be penetrating an Air Defense Identification Zone (ADIZ) or distant early warning identification zone (DEWIZ), it must display nationality and registration (temporary or permanent) marks of at least 12 inches in height. (Refer to § 45.29.)
Figure 3-1. Exceptions to Displaying the N-Number Displaying an N-number on a restricted-category aircraft or aircraft certificated as experimental Unless the aircraft’s category is included between the letter N-number and the registration number (e.g., NR1234 for a restricted aircraft), the aircraft must display near each entrance to the cabin or cockpit the term “limited,” “restricted,” or “experimental,” as appropriate. The term should be visible to anyone entering the aircraft and should be 2 to 6 inches high.
Displaying an N-number on an aircraft with multiple airworthiness certificates The operator may use a removable category placard for the term “restricted” or “experimental,” as appropriate. The term should be 2 to 6 inches high.
3-17 Displaying an N-number on a restricted-category aircraft or aircraft certificated as experimental Unless the aircraft’s category is included between the letter N-number and the registration number (e.g., NR1234 for a restricted aircraft), the aircraft must display near each entrance to the cabin or cockpit the term “limited,” “restricted,” or “experimental,” as appropriate. The term should be visible to anyone entering the aircraft and should be 2 to 6 inches high.
Displaying a minimum-height N-number on a fixed-wing aircraft On an aircraft displaying 2-inch marks before November 1, 1981, and on aircraft manufactured between November 2, 1981, and January 1, 1983, the display marks may remain until the aircraft is repainted or the marks are repainted, restored, or changed. The N-number, after such alterations, must be 12 inches high.
Displaying a minimum-height N-number on a rotorcraft On a rotorcraft manufactured and marked before December 21, 1983, the display marks may remain until the rotorcraft is repainted or the marks are repainted, restored, or changed. The N-number, after such alterations, must be 12 inches high.
Displaying required marks on a surface not large enough to meet size requirements
(1) If one of the surfaces authorized for displaying required marks is large enough to display marks meeting the size requirement and the other authorized surface is not large enough, the display must be full-sized marks on the larger surface.
(2) If neither authorized surface is large enough for full-sized marks, operators must display marks as large as practicable on the largest authorized surface.
3.4.13 Imported Aircraft. Foreign-manufactured aircraft may be imported and TC’d in the restricted category by following the procedures in § 21.29. Because there are not any published airworthiness standards, the certification basis has to be established before initiation of the certification. Applicants must comply with all other procedures in § 21.29. For example, the country of manufacture: 1) must certify that the aircraft conforms to the approved type design, and 2) the aircraft type must be within the scope of the applicable bilateral agreement. Foreign-manufactured aircraft that are TC’d in the standard category are considered the same as domestic aircraft, and are eligible for a restricted-category TC.
3.4.14 TC of Military Surplus Aircraft.
3.4.14.1 The type certification process for surplus aircraft of the U.S. armed forces under § 21.25(a)(2) would include an FAA evaluation of the military safety record of the aircraft model. An aircraft the military declares as not Airworthy is not eligible for certification in any category. Title 14 CFR parts 23 or 25 would prescribe the certification basis for approval of modifications to a military aircraft that was never TC’d in any category. The applicant must demonstrate under § 21.25(a), “that no feature or characteristic of the aircraft makes it unsafe when it is operated under the limitations prescribed for its intended use.”