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3.4.14.2 For a surplus military aircraft, § 21.185(b) requires the FAA to determine that the aircraft is in a good state of preservation and repair, and in a condition for safe operation. In making those determinations, the certificating inspector may require any degree of teardown for inspection. The inspector may need to search aircraft records to establish the condition of the aircraft and its systems that could deteriorate over a long period of storage. This inspection can occur simultaneously with the type certification process.
3.4.15 Maintenance of Restricted-Category Aircraft. Restricted-category aircraft must meet the applicable maintenance requirements of parts 43 and 91, including the accomplishment of Airworthiness Directives (AD).
3.4.16 Authorized Operations Over Congested Areas. Unless otherwise exempted, for authorized operations over congested areas, the following are applicable to the specific aircraft listed:
3.4.16.1 Aircraft other than large or turbine-powered must have completed at least one of the following:
• A 100-hour or annual inspection within the past 100 hours of time in service;
• A 100-hour or annual inspection by a person authorized by an authorized mechanic; or
• An inspection under a progressive inspection system.
3.4.16.2 An aircraft that is a large or turbine-powered, multiengine civil airplane of U.S. registry must be inspected under the applicable inspection program requirements of § 91.409.
3.4.16.3 Except for a helicopter, an aircraft must be equipped and capable of jettisoning at least one-half of the aircraft’s maximum authorized load of agricultural material within 45 seconds. An aircraft equipped with a device for releasing the tank or hopper as a unit must have a means to prevent inadvertent release by the pilot or other crewmember.
3.4.16.4 Operators must take additional safety measures to ensure persons and property are not at risk when conducting congested area operations. The operator is required to arrange with appropriate officials to take the necessary measures to conduct the operation safely in the interest of public safety. These measures may include precautionary actions, like blocking off streets and other areas that could be used for an emergency landing.
3.4.16.5 The aircraft may not be operated over a congested area below the altitudes prescribed in part 91, except during the actual dispensing operation, including the approaches and departures necessary for that operation. Above all, the operator must ensure they comply with the requirements in § 137.51.
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3.4.16.6 Operators who propose to use multiengine aircraft for the CAP must prove that they can operate under the performance requirements in § 137.51(b)(5)(ii). The operator can accomplish this by presenting the FSDO with conclusive, documented performance evidence. If it is necessary to takeoff over a congested area during dispensing operations, the operator must provide such evidence to determine compliance with § 137.51(b)(5)(i).
Operators who cannot meet these requirements may not takeoff over a congested area.
Table 3-1. Additional Resources for Aircraft Requirements (current editions) Document Number Document Title AC 00-60 North American Free Trade Agreement and Specialty Air Services Operations AC 21-18 Bilateral Airworthiness Agreements AC 21-21 Use of Automobile Gasoline in Agricultural Aircraft AC 21-23 Airworthiness Certification of Civil Aircraft, Engines, Propellers, and Related Products Imported to the United States AC 21.25-1 Issuance of Type Certificate: Restricted Category Agricultural Airplanes FAA Order 8110.4 Type Certification FAA Order 8130.2 Airworthiness Certification of Products and Articles FAA Order 8900.1, Volume 8, Chapter 5, Section 1 Issue Airworthiness Certificate for an Aircraft FAA Order 8900.1, Volume 16 Unmanned Aircraft Systems
4-1 CHAPTER 4. SAFETY AND SECURITY INDUSTRY PRACTICES FOR
AGRICULTURAL OPERATORS
4.1 Purpose. This chapter introduces the applicant/operator to agricultural aircraft operator industry practices regarding operational safety procedures and security pertinent to agricultural operations. The FAA does not mandate the information in this chapter; this information does not constitute a regulation.
4.2 Safety Procedures.
4.2.1 Safe Handling of Economic Poisons. The operator/applicant is required to have satisfactory knowledge about safeguards to protect the pilot against contamination and the safe handling of economic poisons. If the operator/applicant handles economic poisons, they should use the following guidelines:
1. The agricultural pilot who is engaged in the actual application of economic poisons should not assist (although not prohibited) in the mixing or loading of highly toxic poisons.
2. Ground crews should receive a briefing about economic poisons. The crews should wear protective clothing recommended for the particular chemical in use and the environment where it is being handled.
3. When using flagmen during an application of economic poisons, they should be briefed about the potential hazard of the pesticide in use. Flagmen handling economic poisons should wear the appropriate personal protective equipment (PPE).
4. Persons working closely with or handling pesticides should change clothes and bathe at the end of the operation, or immediately if pesticide contacts the skin. Follow the material safety data sheet (MSDS) recommendations. Persons who handle pesticides should wear clean work clothes daily.
5. If operators obtain water from streams or ponds for mixing purposes, the pesticide should not be allowed to contaminate the water source. If the pesticide is spilled on the ground, it may be acceptable to cover the contaminated area with dirt until other protective measures can be taken.
6. Operators should clean the aircraft and spray equipment daily, or as often as necessary to remove accumulation of pesticide residue.
7. While cleaning aircraft, operators should not allow the drainage to run into a sewer, ditch, pond, or stream.
4.2.2 Additional Guidance. For more detailed information regarding personal protection against pesticides, the operator/applicant should consult the publication titled, “Guidelines and Precautions to be Taken by Personnel in Storing, Using, Handling, and Disposing of Agricultural Chemical Pesticides,” at http://www.afm.ars.usda.gov/ppweb/PDF/600-12-ARS.pdf.
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4.3 Safe Operating Procedures for Aircraft.
4.3.1 Sloping Terrain. When conducting operations over sloping terrain, operators should be cautious 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.
4.3.2 Turnarounds. Turnarounds (procedure turns) are normally made on the downwind side of the centerline of the swath. The pilot must maintain situational awareness with regard to unfavorable terrain, wires, guy wires, poles, trees, or other obstructions. 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 failure.
4.3.3 Swath Run. Agricultural pilots should not look back at the swath during a swath run.
Doing so may result in allowing the aircraft to fly into the ground or other obstruction.
4.3.4 Push/Pull Devices. If the aircraft is equipped with a push/pull device for starting and stopping the flow of agricultural material, the pilot should be especially alert to not unintentionally close the throttle or further open the hopper or tank at the end of a swath run.
4.3.5 Flying Under Wires. Inexperienced agricultural pilots 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 aircraft wheels or skids becomes entangled in crop foliage, it may be difficult to prevent the aircraft from being pulled into contact with the ground. The vertical stabilizer may also contact the wires as the aircraft passes underneath them.
4.3.6 Close Proximity to Aircraft. Pilots who will operate two or more aircraft to simultaneously work a field should discuss how they will safely operate in close proximity. Pilots operating in close proximity should be aware of their location in relation to other aircraft.
4.4 Survey Prior to Starting Operations. In addition to the preflight action required by § 91.103, the FAA suggests operators/applicants take the following steps before starting agricultural aircraft operations:
4.4.1 Working Area. The pilot should survey the working area, including the area over which turnarounds will be made. If obstructions to flight include structures, trees, wires, METs, wind turbines, AWES, communication towers, or unfavorable terrain, etc., and the pilot has not previously or recently worked the particular area, it may be necessary to conduct a ground survey. The pilot should also conduct a ground survey when he or she finds it necessary to fly under wires.
4.4.2 Surrounding Areas. Survey the area immediately surrounding the working area in an attempt to locate sensitive areas, such as poultry farms, beehives, animal corrals, wetland areas, etc.
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4.4.3 Densely-Populated Areas. In many areas throughout the United States, large housing or other densely-populated areas now occupy land previously used for a farm, orchard, or range. When the agricultural pilot applies economic poisons or other agricultural materials to an area immediately adjacent to a densely-populated area, persons living in those areas may complain about the resulting engine noise and possible drift. Operators should advise the occupants of such areas before conducting dispensing operations.
4.4.4 State and Local Laws. The FAA suggests the agricultural pilot learn applicable state and local laws relative to such topics as honey bees, maximum wind velocity, droplet size, and the economic poison to be dispensed.
4.5 Precautions for Sulfur Dust Fires.
4.5.1 Combustion. Sulfur dust as used in sulfur dusting is combustible. Sulfur has a very low ignition point and is highly combustible when atomized with air (which occurs during dusting operations). Sulfur readily picks up electric charges, which under atmospheric conditions of low relative humidity, may result in combustion. There are actual cases of sulfur igniting when thrown from a shovel due to static electricity. Such occurrences are rare, but they serve as examples of how easy it is to ignite sulfur. In the industrial handling of sulfur (pulverizing, grinding, etc.), every effort is made to prevent the formation of a cloud of sulfur dust because of the danger of explosion.
4.5.2 Causes and Precautions. During aircraft dusting operations, the objective is to form a cloud of sulfur to widely distribute the insecticide. The problem of resolving fire prevention in sulfur dusting operations is more complicated than in industry. The importance of using extreme care in sulfur dusting operations cannot be overemphasized.
Pilots should be aware of the potential causes of sulfur fires and the precautions listed below:
1. Dusting with a dirty aircraft coated with oil and sulfur dust increases the risk of a sulfur fire occurring. Keep the aircraft used for spreading sulfur as clean as possible at all times.
2. The engine exhaust system should be free of leaks; use the best grades of lubricating oil to decrease carbon formation.
3. Exercise care while loading the hopper to prevent foreign matter (wire, paper, etc.) from getting in the hopper. Such foreign matter can cause a spark or clog in the agitator shaft, causing it to overheat, thus starting a fire.
4. Do not smoke in the vicinity of sulfur dust.
4.5.3 Relative Humidity. Fires that occur while dusting with sulfur usually happen under conditions of low relative humidity. Relative humidity is usually lowest during the late morning and early afternoon. As a further precaution against sulfur dust fires, pilots should dust only in the early morning or late evening, preferably during the early morning. Pilots should not suddenly open the throttle except in case of an emergency.
Sparks from a sudden blast of exhaust can enter the dust swath.
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4.5.4 Pullup. The pullup at the end of the field directs exhaust downward toward the dust swath. The hopper gate should be closed before beginning the pullup to minimize the possibility of fire. This may slightly reduce the efficiency of the dusting operation, but the pilot can always fly across the ends to spread dust on the parts of the field missed by closing the gate early.
4.5.5 Ventilation. Compartments where dust might collect should have ventilation and be free of ignition sources, such as electrical circuits (unless special provisions are made to prevent sparks from short circuits or other sources, such as unsealed circuit breakers).
Previous favorable experience does not minimize the hazard of dusting with sulfur.
Remember, it takes only one act of carelessness or inattention to cause a disastrous fire.
4.5.6 Engine Exhaust System. Keeping the engine exhaust discharge and sulfur dust apart can prevent fires from hot carbon sparks. The engine exhaust system should be arranged so that it will not discharge exhaust gases under or along the bottom of the aircraft. Sulfur ignites at a temperature of approximately 500 ºF, depending upon its form. The temperature of the exhaust from an aircraft engine is about 1,500 ºF when discharged from the cylinder. Although the gas will cool considerably in the exhaust manifold and will cool further upon coming in contact with the outside air, a potential fire hazard still exists. It is desirable to place the exhaust outlet as far from the path of the sulfur discharge as possible. The exhaust discharge should be directed so that it will not blow into the dust swath when a pullup is initiated.
4.5.7 Aircraft Bonding. All aircraft that spread sulfur dust should be completely bonded by connecting all metal parts with electrical cable and also should have sharp-pointed, static-discharge rods on each wing tip to provide the most protection against a spark discharge. Complete bonding of an aircraft will prevent differences in electrical potential between various metal parts, and will thereby prevent sparks from occurring between these parts. Sometimes it is not possible or practical to completely bond all parts of the wings and tail surfaces, but at least the following should be bonded: the fuselage aft and in the vicinity of the hopper, the struts and fittings adjacent to the hopper, and the hopper itself.
4.6 Agricultural Aircraft Maintenance Precautions. Maintenance personnel working on agricultural aircraft (manned or unmanned) may be exposed to pesticides from a single product or a mixture of contaminated products. Degraded by-products of some pesticides are more hazardous than the parent product. Routes of exposure through the skin may be significant; perspiration can enhance exposure. Agricultural aircraft and external parts should be thoroughly cleaned before repair. The FAA recommends that maintenance personnel of aircraft and dispensing equipment wear PPE for skin and respiratory protection to limit exposure to contaminates.
4.7 Security Regulations.
4.7.1 Transportation Security Regulations (TSR). The Transportation Security Administration (TSA) issues and administers TSRs, which are codified in Title 49 of the Code of Federal Regulations (49 CFR) parts 1500 through 1699. Many TSRs are FAA rules that were
4-5 transferred to TSA when they assumed the FAA’s civil aviation security function on February 17, 2002. These regulations can be found at http://www.tsa.gov/.
4.7.2 Applicability. These regulations pertain mainly to certificate holders and commercial operators. Most parts of 49 CFR parts 1540 through 1562 apply to aircraft operators holding Operating Certificates under 14 CFR part 119. Part 119, § 119.1(e)(4)(i) excludes part 137 operators from compliance with part 119. The following parts of 49 CFR, parts 1540 through 1562, are provided for reference and informational purposes only as they relate to agricultural aircraft operators:
4.7.2.1 Title 49 CFR part 1540, Civil Aviation Security: General Rules, contains rules that cover all segments of civil aviation security and contains definitions that apply to parts 1540 through 1562.
4.7.2.2 Title 49 CFR part 1550, Aircraft Security Under General Operating and Flight Rules, applies to the operation of aircraft for which there are no security requirements elsewhere in parts 1500 through 1699, including General Aviation (GA) aircraft.
4.7.2.3 Title 49 CFR part 1550, § 1550.7, Operations in Aircraft of 12,500 Pounds or More, the “Twelve–Five Rule,” requires that certain operators using aircraft with a maximum certificated takeoff weight of 12,500 pounds or more carry out a security program. This program was effective April 1, 2003.
4.7.3 GA Threat Vulnerability.
4.7.3.1 Historically, GA airports were not subject to Federal rules regarding airport security. Before September 11, 2001, the Federal government’s role in airport security focused exclusively on airports serving scheduled operations. Now, TSA must examine all aspects of the transportation system for vulnerabilities to terrorist activities.
4.7.3.2 The TSA has not taken a position that GA airports and aircraft are a threat in and of themselves. As vulnerabilities within other areas of aviation have been reduced, GA may be perceived as a more attractive target and, consequently, be more vulnerable to misuse by terrorists. The security guidelines outlined in this document will help agricultural aircraft operators determine the necessary security measures at their facility to reduce vulnerabilities.
4.7.3.3 GA includes a broad range of aircraft and aviation activity that vary greatly in size, function, and operational characteristics. GA airports and operations differ in their security needs. The TSA understands that “one size fits all” security will not accommodate the entire spectrum of GA airports and facilities. A privately-owned landing strip in a rural area would not need to implement the same security measures as a large, corporate GA airport near a major metropolitan area. While the potential for misuse of an aircraft operating from the rural airport exists, each operator should employ the following basic security rules:
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1. Lock facilities.
2. Secure aircraft.
3. Be aware of unusual activities.
4. If suspicious activities are occurring, contact the TSA at 866-GA- SECUR (427-3287)
5. If facing an urgent threat, dial 911 for immediate assistance.
4.7.4 Agricultural Aviation Security Measures.
4.7.4.1 An aerial application plane has never been involved in any terrorist activity.
Various industry organizations have aggressively promoted enhanced security procedures. In an effort to mitigate the potential of a threat, the agricultural aviation industry has adopted the following security measures:
1. Store aircraft and crop protection products in locked hangars with electronic security systems.
2. Park and disable loader trucks, forklifts, or use other equipment to block aircraft.
3. In cases where the aircraft must be left outdoors, use propeller locks, propeller chains, or tie-downs on aircraft.
4. Remove batteries and render engines mechanically inoperable on unused aircraft.
5. Install hidden security switches to prevent unauthorized startup of the aircraft.
6. Establish contact with Federal and local Law Enforcement Agencies (LEA) to coordinate responses to security breaches at agricultural aviation facilities. Encourage operators to list the appropriate LEA telephone numbers in a prominent place within their operations.
7. Encourage the use of outdoor security lighting around hangars and operations.
4.7.4.2 The National Agricultural Aviation Research & Education Foundation (NAAREF) conducts an educational program for agricultural aviators during the off-season called Professional Aerial Applicators’ Support System (PAASS) program. This educational program travels from state-to-state each year emphasizing aviation security, safety, and drift mitigation. The security module has been presented in over 33 states and attended by nearly 2,000 agricultural pilots.
4.7.4.3 Aerial application is an important component in the production of food and fiber in the United States. Also, it is an important means of fighting forest and brush fires and providing public health spraying services.
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4.7.4.4 The agricultural aviation industry is recognized by Federal, state, and local law enforcement and security agencies for its cooperation with government officials in safeguarding homeland security. Agricultural aviation continues to work closely with Federal, state, and local officials to ensure that industry equipment is not a threat to homeland security.
4.7.5 Securing the Aircraft. The National Agricultural Aviation Association (NAAA) worked with the FAA to develop an expedited policy to allow installation of hidden battery cutoff switches on agricultural aircraft. The FAA determined that this procedure is a minor alteration that, once installed, can be recorded with a maintenance record entry and does not require an FAA Form 337, Major Repair and Alteration (Airframe, Powerplant, Propeller, or Appliance), nor a field approval. Refer to the FAA memorandum titled, “Agricultural Aircraft Security,” dated February 13, 2003. For additional information on this matter, contact the General Aviation Branch (AFS-350), at 202-267-1675.
4.7.6 Best Practices for General Aviation Security. Security issues for operators are divided into four primary areas: personnel, procedures, aircraft, and facilities. The following lists focus on each area to enhance security initiatives for agricultural aircraft operators:
4.7.6.1 Personnel.
1. Have one person in charge of security issues for the organization.
2. Establish and maintain communications links with the company personnel and appropriate government agencies regarding security issues.
3. All personnel should complete annual security training developed by the operator.
4.7.6.2 Procedures.
1. Require that aviation department members participate in security training.
2. Develop and maintain a security information program.
3. Limit access to facilities and aircraft to company personnel and authorized guests.
4. Have a security plan specific to your location and operation.
5. Develop, maintain, and exercise an emergency response plan with associated resources.
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4.7.6.3 Aircraft.
1. A crewmember should be present at all times when the aircraft is serviced.
2. Check the aircraft for unauthorized people or objects before every departure.
3. Conduct a thorough preflight inspection anytime maintenance is performed.
4. Use the aircraft’s security system (locks and alarms) whenever it is unattended to prevent unauthorized entry and use.
4.7.6.4 Facilities.
1. Ensure facility security limits access to all areas.
2. Ensure street side gates and doors are closed and locked at all times.
3. Close and lock hangar doors when that area is unattended.
4. Secure all key storage areas.
5. Have an access control management system for keys and passes.
6. Escort all visitors on the ramp and in the hangar area.
7. Post emergency numbers prominently around the facility.
8. Ensure easy access to phones or panic buttons in various facility locations.
9. Be aware of surroundings and do not be complacent; challenge strangers.
4.7.7 Security Procedures and Communications. GA operators may find it helpful to develop written security procedures. Many of these security initiatives are already conducted on airfields, but are not formalized into a documented program. Documentation provides operators with a traceable and auditable method of ensuring personnel are aware of and understand security issues. Such a protocol should minimally consist of, but not be limited to, airport and local law enforcement contact information, including alternates (when available), and the use of programs like Airport Watch to increase airport user awareness of security precautions.
4.7.8 Threat Communication System.
4.7.8.1 The FAA recommends that operators develop a comprehensive contact list and distribute the list to all personnel affiliated with the organization.
Operators should include the following phone numbers in the contact list:
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• Airport manager.
• Local police or county sheriff’s department.
• County/city emergency manager.
• State aviation director.
• State police.
• Emergency medical service (EMS).
• Fire department.
• Department of Homeland Security (DHS).
• Federal Bureau of Investigation (FBI).
• Local FAA contact.
• Local TSA contact.
4.7.8.2 In the event of a security incident, it is essential that first responders and airport management are able to communicate. Where possible, coordinate radio communication and establish common frequencies and procedures to establish a radio communications network with local law enforcement.
4.7.8.3 The communication process is important and is a means by which tenants and airport users can receive all new security policies, procedures, and alerts.
Conducting regular meetings with airport tenants and the flying public to discuss security issues and challenges, establishing a centralized area for posting of security information, or developing an email alert system are methods for successful communication.
4.7.9 Additional Aviation Security Information Resources. The NAAA is actively working with the FAA to address security issues within the agricultural aviation industry. For more information regarding their efforts, use the contact information below:
National Agricultural Aviation Association 1440 Duke Street Alexandria, VA 22314-3403 Phone: 202-546-5722 Fax: 202-546-5726 http://www.agaviation.org
5-1 CHAPTER 5. INFORMATIONAL RESOURCES FROM ORGANIZATIONS OTHER
THAN THE FAA
5.1 Purpose. This chapter provides informational resources applicable to agricultural aircraft operations and operators/applicants. The FAA does not regulate the information in this chapter.
5.2 EPA Worker Protection Standard.
1. Agricultural Worker Protection Standard, Parts 156 and 170. Interpretive Policy. http://www.epa.gov/pesticides/safety/workers/wpsinterpolicy.htm.
2. How to Comply With the Worker Protection Standard for Agricultural Pesticides: What Employers Need To Know.
http://www.epa.gov/agriculture/htc.html.
3. Recognition and Management of Pesticide Poisoning.
http://www.epa.gov/pesticides/safety/healthcare/handbook/handbook.pdf.
4. Pesticides: Health and Safety. Human health issues.
http://www.epa.gov/pesticides/health/human.htm.
5. Toxicity Categories and Pesticide Label Statements. The EPA uses the criteria in Table 5-1, Toxicity Categories and Pesticide Label Statements, to determine the toxicity category of pesticides. These criteria are based on the results of animal tests done in support of registration of the pesticide.
Table 5-1. Toxicity Categories and Pesticide Label Statements
I II III IV Oral LD 50 (Lethal Dose) Up to and including 50 mg/kg From 50 thru 500 mg/kg From 500 thru 5,000 mg/kg Greater than 5,000 mg/kg Inhalation LC 50 (Lethal Concentration) Up to and including
0.2 mg/liter From 0.2 thru 2 mg/liter From 2.0 thru 20 mg/liter Greater than 20 mg/liter Dermal LD 50 Up to and including 200 mg/kg.
From 200 thru 2,000 mg/kg From 2,000 thru 20,000 mg/kg Greater than 20,000 mg/kg Eye effects Corrosive; corneal opacity not reversible within 7 days Corneal opacity reversible within 7 days; irritation persisting for 7 days.
No corneal opacity; irritation reversible within 7 days No irritation Skin effects Corrosive Severe irritation at 72 hours Moderate irritation at 72 hours Mild or slight irritation at 72 hours.