e. 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.
f. North American Free Trade Agreement Specialty Air Service Operation. The North American Free Trade Agreement (NAFTA) came into effect on January 1, 1994 after its ratification by Canada, the United Mexican States, and the United States of America. NAFTA opened up cross-border trade in specialty air service, as defined in article 1213 of NAFTA 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 Advisory Circular 00-60, North American Free Trade Agreement and Specialty Air Services Operations.
g. Noise Compliance. Restricted-category aircraft must comply with the applicable noise requirements of 14 CFR part 36. Small, propeller-driven airplanes 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.
h. 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.
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 station. The letters making up the word “restricted” or “experimental” cannot be less than two inches nor more than six inches in height. (Refer to 14 CFR part 45, § 45.23.)
i. Fixed-Wing Aircraft Markings. 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.)
j. Rotorcraft Markings. 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.)
k. Size of Markings (Nationality and Registration Marks).
(1) 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 two inches high may display those marks until the aircraft is repainted or the marks are repainted, restored, or changed.
(2) 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.
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(3) If an aircraft will be penetrating an air defense identification zone or distant early warning identification zone, it must display nationality and registration (temporary or permanent) marks of at least 12 inches in height. (Refer to § 45.29.)
FIGURE 2-1. 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 2–6 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 2–6 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, you must display marks as large as practicable on the largest authorized surface.
l. Imported Aircraft. Foreign-manufactured aircraft may be imported and type certificated in the restricted category by following the procedures in 14 CFR § 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 14 CFR § 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 type certificated in the standard category are considered the same as domestic aircraft, and are eligible for a restricted-category TC.
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m. Type Certificate of Military Surplus Aircraft.
(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 type certificated in any category. The applicant must demonstrate under § 21.25(a) “that no feature or characteristics of the aircraft makes it unsafe when it is operated under the limitations prescribed for its intended use.”
(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.
n. 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.
o. Authorized Operations Over Congested Areas. For authorized operations over congested areas, the following are applicable to the specific aircraft listed.
(1) Aircraft other than large or turbine-powered must have completed at least one of the following:
(a) A 100-hour or annual inspection within the past 100 hours of time in service;
(b) A 100-hour or annual inspection by a person authorized by an authorized mechanic; or
(c) An inspection under a progressive inspection system.
(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 14 CFR § 91.409.
(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.
(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.
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(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 14 CFR § 137.51.
(6) Operators who propose to use multiengine aircraft for the congested-area plan 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 2-1. ADDITIONAL RESOURCES FOR AIRCRAFT REQUIREMENTS Document Number Document Title AC 00-60 North American Free Trade Agreement And Specialty Air Services Operations AC 21-17 Carriage of Cargo in Restricted-Category Aircraft and Other Special-Purpose Operations AC 21-18 Bilateral Airworthiness Agreements AC 21-21 Use of Automobile Gasoline in Agricultural Aircraft AC 21-23B 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 Order 8110.4C Type Certification Order 8130.2F Airworthiness Certification of Aircraft and Related Products (Chapter 4, Section 2, Restricted Airworthiness Certification) FAA Order 8900.1, volume 8, chapter 5, section 1 Issue Airworthiness Certificate for an Aircraft FAA-P-8740-42 Safe Flying For Agricultural Aviation Par 4 Page 15 (and 16)
CHAPTER 3. SAFETY AND SECURITY INDUSTRY PRACTICES FOR
AGRICULTURAL OPERATORS
3-1. PURPOSE. This chapter introduces you, the applicant/operator, to agricultural aircraft operator industry practices regarding operational safety procedures and security pertinent to agricultural operations. We, the Federal Aviation Administration, do not mandate the information in this chapter; this information does not constitute a regulation.
3-2. SAFETY PROCEDURES.
a. Safe Handling of Economic Poisons. You are required to have satisfactory knowledge about safeguards to protect the pilot against contamination and the safe handling of economic poisons. If you handle economic poisons you should use the following guidelines.
(1) The agricultural pilot who is engaged in the actual application of economic poisons should not assist in the mixing or loading of highly toxic poisons.
(2) Groundcrews 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 protective equipment.
(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 recommendations. Persons who handle pesticides should wear clean work clothes daily.
(5) If you 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) You should clean the aircraft and spray equipment daily, or as often as necessary to remove accumulation of pesticide residue.
(7) While cleaning aircraft, you should not allow the drainage to run into a sewer, ditch, pond, or stream.
b. Additional Guidance. For more detailed information regarding personal protection against pesticides, you 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 Par 1 Page 1
3-3. SAFE OPERATING PROCEDURES FOR AIRCRAFT.
a. When conducting operations over sloping terrain, you 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
3-4. SURVEY PRIOR TO STARTING OPERATIONS. In addition to the preflight action required by Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.103, we suggest you take the following steps before starting agricultural aircraft operations.
a. The pilot should survey the working area, including the area over which turnarounds will be made. If obstructions to flight include structures, trees, wires, or unfavorable terrain, etc., and the pilot has not previously or recently worked the particular area, it is desirable to conduct a ground survey. Also, a ground survey is suggested when the pilot finds it necessary to fly under wires.
b. Survey the area immediately surrounding the working area in an attempt to locate sensitive areas such as poultry farms, beehives, animal corrals, etc.
c. 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. You should advise the occupants of such areas before conducting dispensing operations.
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d. We suggest 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.
3-5. PRECAUTIONS FOR SULFUR DUST FIRES.
a. 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.
b. During airplane 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 potential causes of sulfur fires and the precautions listed below.
(1) Dusting with a dirty airplane 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.
c. 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.
d. 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.
e. 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 Par 4 Page 3
does not minimize the hazard of dusting with sulfur. Remember, it takes only one act of carelessness or inattention to cause a disastrous fire.
f. 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 airplane. Sulfur ignites at a temperature of approximately 500°F, depending upon its form. The temperature of the exhaust from an aircraft engine is about 1500°F, 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.
g. 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 airplane 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.
3-6. AGRICULTURAL AIRCRAFT MAINTENANCE PRECAUTIONS. Maintenance personnel working on agricultural aircraft 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. We recommend that maintenance personnel of aircraft and dispensing equipment wear personal protective equipment for skin and respiratory protection to limit exposure to contaminates.
3-7. SECURITY REGULATIONS.
a. The Transportation Security Administration (TSA) issues and administers Transportation Security Regulations (TSR), which are codified in Title 49 of the Code of Federal Regulations (49 CFR), chapter XII, parts 1500 through 1699. Many TSRs are FAA rules that were transferred to TSA when they assumed our civil aviation security function on February 17, 2002. You can find these regulations at http://www.tsa.gov/.
b. These regulations pertain mainly to certificate holders and commercial operators. Most parts of 49 CFR chapter XII, subchapter C apply to aircraft operators holding operating certificates under 14 CFR part 119. Section 119.1 (e)(4)(i) excludes part 137 operators from compliance with 14 CFR part 119. The following parts of 49 CFR chapter XII, subchapter C are provided for reference and informational purposes only as they relate to agricultural aircraft operators:
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(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 subchapter C.
(2) Title 49 CFR part 1550 Aircraft Security Under General Operating and Flight Rules, applies to the operation of aircraft for which there is no security requirements in other parts of chapter XII, including general aviation aircraft.
(3) Title 49 CFR section 1550.7, the “Twelve–Five Rule”, requires that certain operators using aircraft with a maximum certificated takeoff weight of 12,500 lb or more carry out a security program. This program was effective April 1, 2003.
c. General Aviation Threat Vulnerability.
(1) Historically, general aviation (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.
(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 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.
(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.
(a) Lock facilities.
(b) Secure aircraft.
(c) Be aware of unusual activities.
(d) If suspicious activities are occurring, contact the TSA at 866-GA-SECUR (866-427-3287)
(e) If facing an urgent threat dial 911 for immediate assistance.
d. Agricultural Aviation Security Measures.
(1) An aerial application plane has never been involved in any terrorist activity.
Various industry organizations have aggressively promoted enhanced security procedures. In an Par 7 Page 5
effort to mitigate the potential of a threat, the agricultural aviation industry has adopted the following security measures:
(a) Store aircraft and crop protection products in locked hangars with electronic security systems.
(b) Park and disable loader trucks, forklifts, or use other equipment to block aircraft.
(c) In cases where the aircraft must be left outdoors, use propeller locks, propeller chains, or tie-downs on aircraft.
(d) Remove batteries and render engines mechanically inoperable on unused aircraft.
(e) Install hidden security switches to prevent unauthorized startup of the aircraft.
(f) Establish contact with Federal and local law enforcement agencies to coordinate responses to security breaches at agricultural aviation facilities. Encourage operators to list the appropriate law enforcement agency telephone numbers in a prominent place within their operations.
(g) Encourage the use of outdoor security lighting around hangars and operations.
(2) The National Agricultural Aviation Research & Education Foundation conducts an educational program for agricultural aviators during the off-season called Professional Aerial Application Support System, or 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 over 1,700 agricultural pilots.
(3) The 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.
(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 local, state, and Federal officials to ensure that industry equipment is not a threat to homeland security.
e. Securing Your Aircraft. The National Agricultural Aviation Association 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 nor a field approval. Refer to the FAA memorandum titled Agricultural Aircraft Security, dated February 13, 2003. For additional information on this matter, contact AFS-350, General Aviation Maintenance and Avionics Branch, at 202-267-3546.
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f. 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.
(1) Personnel.
(a) Have one person in charge of security issues for the organization.
(b) Establish and maintain communications links with the company personnel and appropriate government agencies regarding security issues.
(c) All personnel should complete annual security training developed by the operator.
(2) Procedures.
(a) Require that aviation department members participate in security training.
(b) Develop and maintain a security information program.
(c) Limit access to facilities and aircraft to company personnel and authorized guests.
(d) Have a security plan specific to your location and operation.
(e) Develop, maintain, and exercise an emergency response plan with associated resources.
(3) Aircraft.
(a) A crewmember should be present at all times when the aircraft is serviced.
(b) Check the aircraft for unauthorized people or objects before every departure.
(c) Conduct a thorough preflight inspection anytime maintenance is performed.
(d) Use the aircraft’s security system (locks and alarms) whenever it is unattended to prevent unauthorized entry and use.
(4) Facilities.
(a) Ensure facility security limits access to all areas.
(b) Ensure streetside gates and doors are closed and locked at all times.
(c) Close and lock hangar doors when that area is unattended.
(d) Secure all key storage areas.
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