CHAPTER 2. PART 137 OPERATOR-SPECIFIC, AIRMEN-SPECIFIC, AND
AIRCRAFT-SPECIFIC ITEMS
2-1. PURPOSE. This chapter provides you with highlighted items for airmen, aircraft, and operation.
2-2. OPERATOR-SPECIFIC ITEMS.
a. Business Name (Commercial Applicants). A commercial operator must conduct their agricultural aircraft operation under the business name shown on their commercial agricultural aircraft operator certificate. If you intend to operate under different business names you must submit a letter that reflects each “doing business as” to the Flight Standards District Office (FSDO) that has jurisdiction over your operation.
b. Change of Address. If you as an agricultural aircraft operator change the address of your home base of operations, you must notify us in writing before the change becomes effective.
c. Amendment of Operating Certificate. You should be knowledgeable of the procedures for amending your certificate with us. As prescribed by Title 14 Code of Federal Regulations (14 CFR) part 137, § 137.17, you should apply with the FSDO that has jurisdiction over the area of your home base of operations. The application procedure for an original certificate applies when you desire to have dispensing economic poisons added to or removed from your operating certificate.
d. Display of Operating Certificate. Under 14 CFR § 137.57, as an agricultural aircraft operator you must keep the certificate at your home base of operations. Per § 137.33, you must have a facsimile of the agricultural aircraft operator certificate in the aircraft. Upon request, the Administrator or any Federal, state, or local law enforcement officer may view the certificate or facsimile.
e. Registration and Airworthiness Certificates. Original airworthiness and registration certificates need not be kept in the aircraft, but they must be available at your base of operations from which dispensing operations are conducted (i.e., the home base of the operator). A temporary base where you station maintenance facilities and personnel is considered the base from which you conduct dispensing operations; therefore, you must keep certificates removed from aircraft available for inspection there.
f. Additional Preflight Procedures. In addition to the preflight action required by 14 CFR § 91.103, you should take the following steps before starting agricultural aircraft operations.
(1) If obstructions to flight include structures, trees, unfavorable terrain, housing areas, etc., and the pilot has not previously worked the particular area, it may be useful to obtain a description of the work area from a person familiar with that area and/or conduct a ground survey. A ground survey may be crucial when a pilot finds it necessary to fly under wires.
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(2) When in the vicinity of the target area, pilots should carefully inspect the area from the air. 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.
(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.
(4) Investigate the target area for fish ponds, lakes, streams, and drainage ditches as certain economic poisons may be lethal to fish and wildlife.
g. Safety Procedures. Pilots should determine whether the potential treatment area could be considered a congested area. The pilot should be familiar with the provisions of 14 CFR § 137.51 for operating over a congested area.
(1) You 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.
(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) 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.
(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, 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 airplanes and especially helicopter pilots may choose not to fly under wires and dress-up the field parallel to the wires.
(5) When using two or more aircraft 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.
(6) If using Global Positioning System 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 reference to the light bar, but not fixate on it.
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h. Night Operations. Pilots may conduct night operations under certain conditions. The following guidance is useful in assessing the basic safety considerations of such operations.
(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.
(2) Operators should establish safety practices and procedures for night operations.
The following are some suggestions for these practices and procedures.
(a) 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.
(b) 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.
i. Aircraft Position Lights. Agricultural aircraft without position lights may takeoff and may land at an airport with a functioning control tower only when authorized by air traffic control. 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.
j. Use of Safety Belts and Shoulder Harnesses. Each seat installed in an aircraft must have safety belts and approved shoulder harnesses. Title 14 CFR § 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.
k. Prior Coordination. The operator is responsible for coordinating with airport management and air traffic control before conducting agricultural operations in and around airports.
l. Deviation From Published Airport Traffic Patterns. The pilot in command 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 pilot in command may deviate from the traffic pattern if:
(1) Prior coordination has occurred with the airport management.
(2) Deviations are limited to the agricultural aircraft operation.
(3) Use ramps, taxiways, or other areas of the airport not intended for landing and takeoff only occurs during emergencies.
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(4) 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.)
m. Operations Within Controlled Airspace.
(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 air traffic control facility that has jurisdiction over that area.
(2) Pilots may not operate an aircraft in weather conditions that are below visual flight rules minimums within Class E airspace. To operate under such conditions, pilots must receive prior authorization from the air traffic control facility that has jurisdiction over that area.
n. Dispensing Operations.
(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.
(2) The pilot should brief the groundcrew concerning the chemical being used and the necessary protective clothing. The protective equipment (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 protective equipment.
(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.
(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.
(5) Title 14 CFR § 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.
o. Poison Control Resources.
(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) Page 4 Par 2
publication may be available at local HHS offices. Several chemical hotlines are available for the use of persons who handle chemicals.
(2) The National Pesticide Telecommunications Network operates a toll-free hotline, 1-800-858-PEST, 7 days a week, 6:30 a.m.–4:30 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 Internet at www.ace.orst.edu/info/nptn —National Pesticide Information Center.
(3) The Chemical Transportation Emergency Center (CHEMTREC) offers emergency phone service 24 hours a day, 7 days a 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, 9 a.m–6 p.m. EST, Monday–Friday. They also maintain a Web site at www.chemtrec.org.
p. 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 14 CFR § 137.49), aircraft may operate:
(1) Below 500 feet above the surface.
(2) Closer than 500 feet to persons, vessels, vehicles, and structures.
q. Congested-Area Plan.
(1) Applicants should have procedures for preparing congested-area plans in the event such aerial dispensing applications are necessary.
(2) Congested-area plans are operation-specific functions; the plan applies to the specific location of proposed dispensing operations. The applicant must develop the congested-area plan and have it approved by the FSDO that has jurisdiction over the area proposed for dispensing operations. Template A503 is available in the automated Operations Safety System for approving the congested-area plan. The plan should provide:
(a) Insight as to how the applicant intends to ensure maximum safety of the persons and property on the surface.
(b) Assurance that the operator has established appropriate emergency precautions consistent with the proposed operation.
(3) Once approved, the operator must follow this plan without exception. The applicant should submit the congested-area plan of operation in writing with the following:
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(a) A current (preferably within the preceding 24 months to be considered representative of the area) aerial photograph, large-scale 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.
(b) The altitudes and airspeeds during the operation.
(c) The approximate dispensing rate per acre, and the name and type (solid, liquid) of material to be dispensed.
(d) Dates and hours of the day of the performance of proposed dispensing operations.
(e) Coordination with air traffic control.
(f) Other limitations, safety, or operating procedure considerations as may be required for the particular situation.
(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
• Any other similar elected public official
(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.
r. Records.
(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.
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(2) Pilot records are usually kept separate from the operating records and they mu meet the requirem st ents of 14 CFR § 137.71(a)(4). Commercial and private operators must present evidence that each person used in the agricultural operations is informed of their duties and respo
s. Additional Operating Procedures. Applicants should develop operating procedures to addres
(1) Dispensing any material or substance in a manner that will not create a hazard to persons o
(2) Ensuring that each person used in the agricultural aircraft operation is informed of their duti aircraft operator.
g.
.
g procedures.
(10) Limitations and operating restrictions for pilots and aircraft conducting operations over cong
(11) General limitations and restrictions for conducting operations over congested areas.
s.
poison.
(16) If the aircraft has an approved minimum equipment list, procedures for deferring and retur
(17) Operating limitations and restrictions for approaches to the working area, flareout, swath run and jettisoning.
nsibilities.
s the following subject areas.
r property on the surface.
es and responsibilities.
(3) Groundcrew coordination and loading procedures.
(4) Limitations on a private agricultural
(5) Limitations on passenger carryin
(6) Weight and balance limitations.
(7) Procedures for air traffic control coordination
(8) Airport traffic pattern operatin
(9) Night operations procedures.
ested areas.
(12) Conducting operations over noncongested area
(13) Limitations on dispensing in congested areas.
(14) Limitations and operating restrictions for dispensing economic
(15) Procedures for recording and handling aircraft discrepancies.
ning items to service.
s, pullups and turnarounds,
(18) Preflight procedures.
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(19) Procedures for when it is necessary to fly under wires.
2-3.
dge requirements for a commercial aircraft operator may be designated as a pilot for the operation (refer to § 137.19). Applicants for a commercial operator c
(1) At least one person who holds a current U.S. commercial or airline transport pilot certificate
(2) The aircraft used must be certificated, airworthy, equipped for agricultural operation with the ownership or other property interest in the crop located on that property where the operation will be condu g:
(1) A person holding a current U.S. private, commercial, or airline transport pilot certificate operation.
s ual The plete a knowledge test and a skills test regarding the proposed operation. If the following applies, the CPM decides whether conducting the knowledg
(20) Safe aerial application procedures.
(21) Knowledge of aircraft operating limitations.
AIRMEN-SPECIFIC ITEMS—BASIC ELIGIBILITY REQUIREMENTS.
a. Commercial Agricultural Operators. Applicants receive a commercial agricultural aircraft operator certificate after demonstrating compliance with the requirements of 14 CFR § 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 knowle 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 ertificate must have the following:
and rating for the aircraft to be used.
, and in a condition for safe flight.
(3) The pilot must successfully complete a knowledge test and a skills test.
b. Private Agricultural Operators. An applicant for a private agricultural aircraft operator certificate is entitled to that certificate if the applicant demonstrates compliance requirements of § 137.19(b), (d), and (e). Applicants seeking a private agricultural 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 cted. Applicants for a private agricultural operator certificate must have the followin and are properly rated for the aircraft to be used.
(2) The aircraft used is certificated, airworthy, and equipped for agricultural
(3) The pilot must successfully complete a knowledge test and a skills test.
c. All Agricultural Operators. Commercial and private agricultural aircraft applicant can designate someone as the chief supervisor of agricultural aircraft operations. That individ should have satisfactory knowledge and skills regarding agricultural aircraft operations.
chief supervisor must satisfactorily com e and skills test is necessary.
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(1) The chief supervisor has previous part 137 experience.
(2) The chief supervisor provides evidence of a logbook endorsement or a letter of comp ving The pilot in command 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 prece
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
2-4.
CFR §§ 21.25 and 21.185 for restricted-category aircraft, and §§ 21.191, 21.193, and 21.195 for experimental aircraft (private operator only). The aircraft m
(1) The aircraft is properly certificated, airworthy, and equipped for agricultural operation
(2) The aircraft is equipped with a suitable and properly installed shoulder harness for use b
b.
(1) An aircraft issued a restricted-category type certificate (TC) under 14 CFR § 21.25(a)(1)
(a) The type design approved under the category in which the aircraft previously held certificat ition he type design for the standard category (unless the restricted-category type design data specifies airworthiness requirements that have been found inappropriate for the special pu etency from an FAA ASI that verifies their level of experience.
d. Pilot Experience for Operation Over Congested Areas. Prior to the FAA appro a congested-area plan, operators must comply with § 137.53(b) with regard to flight experience.
The pilot in command must have 100 hours of flight experience in dispensing agricultural materials or chemicals.
ding 12 months.
e. 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 the same area at night.
AIRCRAFT-SPECIFIC ITEMS.
a. Aircraft Requirements. Aircraft typically used in agricultural operations are type-certificated under 14 CFR parts 21 and 23. Aircraft type-certificated under part 21 receive a special airworthiness certificate under 14 ust meet the following criteria:
s.
y each pilot (See 14 CFR § 137.31(b)) Certification of Restricted-Category Aircraft.
must conform to the following:
ion.
(b) The type design for the restricted-category modifications to the aircraft.
(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 cond and conforms to t rpose).
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(3) A restricted-category type certification is a special type-certificate. An aircraft used in agricultural operations must be type certificated under § 21.25 or Civil Air Regulatio (CAR 8) before receiving a restricted-category airworthiness certificate. In the case of an aircraf previously type certificated 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 b ns 8 t e considered the equivalent of a restricted TC. The TC and STC or approved design data should define the design parameters that make up
(4) The following are examples of aircraft that are eligible for a special airworthiness certificate (res
(a) Aircraft type-certificated in the restricted category and manufactured under a production ce
(b) Aircraft type-certificated in the restricted category that were surplus U.S.
military aircra ited States and type-certificated in the restricted category under 14 CFR § 21.29 and that have been certified by the country of manufacture t tegory aircraft that have been modified and approved for a restricted purpose under 14 CFR § 21.25, including aircraft type-certificated under CA plus U.S. military aircraft or type-certificated in another category (i.e., § 21.185(b)), must satisfy the following to be eligible for a special airworthiness
(a) The modification conforms to the FAA-approved data that forms the basis for the restricted
(b) The aircraft is in a good state of preservation and repair and is in a condition for safe o e d pilot qualifications may have been prescribed in the aircraft certification. This limitation may require the pilot in command to have an aircraft type rating or ibits 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.
the restricted-category type-certification data sheets.
tricted category).
rtificate, approved production inspection system, or a TC.
ft and manufactured in the United States.
(c) Aircraft that are imported to the Un o conform to the approved type design.
(d) Type-certificated, standard-ca R 8.10(b) for agricultural operations.
(5) Modified aircraft that were either sur certificate in the restricted category.
TC.
peration.
(6) All aircraft type-certificated in the restricted category must operate in complianc with the limitations prescribed in 14 CFR § 91.313. For turbine-powered aircraft, piston-powere aircraft over 800 horsepower, rotorcraft, large aircraft (over 12,500 lb), and any other aircraft deemed necessary, a limitation concerning possess a letter of authorization.
(7) Section 91.313(c) proh Page 10 Par 4
c. Aircraft Operating Restrictions.
(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 type certification data sheets or in an STC installed on the aircraft.
(2) The provisions of 14 CFR § 21.25, authorizes restricted-category aircraft to conduct the following special-purpose operations:
(a) Agricultural (e.g., spraying, dusting, seeding, and livestock and predatory animal control);
(b) Forest and wildlife conservation;
(c) Aerial surveying (e.g., photography, mapping, and oil and mineral exploration);
(d) Patrolling (pipelines, power lines, and canals);
(e) Weather control (cloud seeding);
(f) Aerial advertising (e.g., skywriting, banner towing, airborne signs, and public address systems); and
(g) Any other operation specified by the Administrator.
(3) Operators must use restricted-category aircraft under § 91.313. Restricted-category aircraft may have a reduced level of safety compared to 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.
(a) No carriage of passengers for compensation or hire;
(b) No carriage of cargo for compensation or hire; and
(c) 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.
(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 14 CFR § 91.319.
d. International Limitations for Restricted-Category Aircraft. A restricted-category aircraft may not meet the International Civil Aviation Organization, Annex 8, Airworthiness of Aircraft. Before working within foreign airspace, operators must ensure they comply with that country’s pertinent regulations.
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