559
Federal Aviation Administration, DOT
§ 137.1
hover, and except for the purpose of
takeoff and landing, the PIC of a rotor-
craft may only operate such aircraft at
a combination of height and forward
speed (including hover) that would per-
mit a safe landing in event of engine
power loss, in accordance with the
height-speed envelope for that rotor-
craft under current weight and aircraft
altitude.
(d)
Minimum flight altitudes.
Except
when necessary for takeoff and land-
ing, or operating in compliance with an
air traffic control clearance, or as oth-
erwise authorized by the Adminis-
trator, no person may conduct an air
tour in Hawaii:
(1) Below an altitude of 1,500 feet
above the surface over all areas of the
State of Hawaii;
(2) Closer than 1,500 feet to any per-
son or property; or
(3) Below any altitude prescribed by
Federal statute or regulation.
(e)
Passenger briefing.
Before takeoff,
each PIC of an air tour flight of Hawaii
with a flight segment beyond the ocean
shore of any island shall ensure that
each passenger has been briefed on the
following, in addition to requirements
set forth in § 91.107, § 121.571, or § 135.117
of this chapter:
(1) Water ditching procedures;
(2) Use of required flotation equip-
ment; and
(3) Emergency egress from the air-
craft in event of a water landing.
PART 137—AGRICULTURAL
AIRCRAFT OPERATIONS
Subpart A—General
Sec.
137.1
Applicability.
137.3
Definition of terms.
Subpart B—Certification Rules
137.11
Certificate required.
137.15
Application for certificate.
137.17
Amendment of certificate.
137.19
Certification requirements.
137.21
Duration of certificate.
137.23
Carriage of narcotic drugs, mari-
huana, and depressant or stimulant drugs
or substances.
Subpart C—Operating Rules
137.29
General.
137.31
Aircraft requirements.
137.33
Carrying of certificate.
137.35
Limitations on private agricultural
aircraft operator.
137.37
Manner of dispensing.
137.39
Economic poison dispensing.
137.40
Employment of former FAA employ-
ees.
137.41
Personnel.
137.42
Fastening of safety belts and shoul-
der harnesses.
137.43
Operations in controlled airspace des-
ignated for an airport.
137.45
Nonobservance of airport traffic pat-
tern.
137.47
Operation without position lights.
137.49
Operations over other than congested
areas.
137.51
Operation over congested areas: Gen-
eral.
137.53
Operation over congested areas: Pi-
lots and aircraft.
137.55
Business name: Commercial agricul-
tural aircraft operator.
137.57
Availability of certificate.
137.59
Inspection authority.
Subpart D—Records and Reports
137.71
Records: Commercial agricultural
aircraft operator.
137.75
Change of address.
137.77
Termination of operations.
A
UTHORITY
: 49 U.S.C. 106(g), 40103, 40113,
44701–44702.
S
OURCE
: Docket No. 1464, 30 FR 8106, June
24, 1965, unless otherwise noted.
Subpart A—General
§ 137.1 Applicability.
(a) This part prescribes rules gov-
erning—
(1) Agricultural aircraft operations
within the United States; and
(2) The issue of commercial and pri-
vate agricultural aircraft operator cer-
tificates for those operations.
(b) In a public emergency, a person
conducting agricultural aircraft oper-
ations under this part may, to the ex-
tent necessary, deviate from the oper-
ating rules of this part for relief and
welfare activities approved by an agen-
cy of the United States or of a State or
local government.
(c) Each person who, under the au-
thority of this section, deviates from a
rule of this part shall, within 10 days
after the deviation send to the respon-
sible Flight Standards office a com-
plete report of the aircraft operation
560
14 CFR Ch. I (1–1–24 Edition)
§ 137.3
involved, including a description of the
operation and the reasons for it.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–13, 54 FR 39294, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 137–17,
83 FR 9175, Mar. 5, 2018]
§ 137.3 Definition of terms.
For the purposes of this part—
Agricultural aircraft operation
means
the operation of an aircraft for the pur-
pose of (1) dispensing any economic
poison, (2) dispensing any other sub-
stance intended for plant nourishment,
soil treatment, propagation of plant
life, or pest control, or (3) engaging in
dispensing activities directly affecting
agriculture, horticulture, or forest
preservation, but not including the dis-
pensing of live insects.
Economic poison
means (1) any sub-
stance or mixture of substances in-
tended for preventing, destroying, re-
pelling, or mitigating any insects, ro-
dents, nematodes, fungi, weeds, and
other forms of plant or animal life or
viruses, except viruses on or in living
man or other animals, which the Sec-
retary of Agriculture shall declare to
be a pest, and (2) any substance or mix-
ture of substances intended for use as a
plant regulator, defoliant or desiccant.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–3, 33 FR 9601, July 2,
1968]
Subpart B—Certification Rules
§ 137.11 Certificate required.
(a) Except as provided in paragraphs
(c) and (d) of this section, no person
may conduct agricultural aircraft op-
erations without, or in violation of, an
agricultural aircraft operator certifi-
cate issued under this part.
(b) Notwithstanding part 133 of this
chapter, an operator may, if he com-
plies with this part, conduct agricul-
tural aircraft operations with a rotor-
craft with external dispensing equip-
ment in place without a rotorcraft ex-
ternal-load operator certificate.
(c) A Federal, State, or local govern-
ment conducting agricultural aircraft
operations with public aircraft need
not comply with this subpart.
(d) The holder of a rotorcraft exter-
nal-load operator certificate under part
133 of this chapter conducting an agri-
cultural aircraft operation, involving
only the dispensing of water on forest
fires by rotorcraft external-load means,
need not comply with this subpart.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–3, 33 FR 9601, July 2,
1968; Amdt. 137–6, 41 FR 35060, Aug. 19, 1976]
§ 137.15 Application for certificate.
An application for an agricultural
aircraft operator certificate is made on
a form and in a manner prescribed by
the Administrator, and filed with the
responsible Flight Standards office for
the area in which the applicant’s home
base of operations is located.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–13, 54 FR 39294, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 137–17,
83 FR 9175, Mar. 5, 2018]
§ 137.17 Amendment of certificate.
(a) An agricultural aircraft operator
certificate may be amended—
(1) On the Administrator’s own ini-
tiative, under section 609 of the Federal
Aviation Act of 1958 (49 U.S.C. 1429) and
part 13 of this chapter; or
(2) Upon application by the holder of
that certificate.
(b) An application to amend an agri-
cultural aircraft operator certificate is
submitted on a form and in a manner
prescribed by the Administrator. The
applicant must file the application
with the responsible Flight Standards
office for the area in which the appli-
cant’s home base of operations is lo-
cated at least 15 days before the date
that it proposes the amendment be-
come effective, unless a shorter filing
period is approved by that office.
(c) The responsible Flight Standards
office grants a request to amend a cer-
tificate if it determines that safety in
air commerce and the public interest
so allow.
(d) Within 30 days after receiving a
refusal to amend, the holder may peti-
tion the Executive Director, Flight
Standards Service, to reconsider the
refusal.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–9, 43 FR 52206, Nov. 9,
1978; Amdt. 137–11, 45 FR 47838, July 17, 1980;
Amdt. 137–13, 54 FR 39294, Sept. 25, 1989;
Docket FAA–2018–0119, Amdt. 137–17, 83 FR
9175, Mar. 5, 2018]