562
14 CFR Ch. I (1–1–24 Edition)
§ 137.29
Subpart C—Operating Rules
§ 137.29 General.
(a) Except as provided in paragraphs
(d) and (e) of this section, this subpart
prescribes rules that apply to persons
and aircraft used in agricultural air-
craft operations conducted under this
part.
(b) [Reserved]
(c) The holder of an agricultural air-
craft operator certificate may deviate
from the provisions of part 91 of this
chapter without a certificate of waiver,
as authorized in this subpart for dis-
pensing operations, when conducting
nondispensing aerial work operations
related to agriculture, horticulture, or
forest preservation in accordance with
the operating rules of this subpart.
(d) Sections 137.31 through 137.35,
§§ 137.41, and 137.53 through 137.59 do
not apply to persons and aircraft used
in agricultural aircraft operations con-
ducted with public aircraft.
(e) Sections 137.31 through 137.35,
§§ 137.39, 137.41, 137.51 through 137.59,
and subpart D do not apply to persons
and rotorcraft used in agricultural air-
craft operations conducted by a person
holding a certificate under part 133 of
this chapter and involving only the dis-
pensing of water on forest fires by
rotorcraft external-load means. How-
ever, the operation shall be conducted
in accordance with—
(1) The rules of part 133 of this chap-
ter governing rotorcraft external-load
operations; and
(2) The operating rules of this sub-
part contained in §§ 137.29, 137.37, and
§§ 137.43 through 137.49.
[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]
§ 137.31 Aircraft requirements.
No person may operate an aircraft
unless that aircraft—
(a) Meets the requirements of
§ 137.19(d); and
(b) Is equipped with a suitable and
properly installed shoulder harness for
use by each pilot.
§ 137.33 Carrying of certificate.
(a) No person may operate an aircraft
unless a facsimile of the agricultural
aircraft operator certificate, under
which the operation is conducted, is
carried on that aircraft. The facsimile
shall be presented for inspection upon
the request of the Administrator or
any Federal, State, or local law en-
forcement officer.
(b) Notwithstanding part 91 of this
chapter, the registration and air-
worthiness certificates issued for the
aircraft need not be carried in the air-
craft. However, when those certificates
are not carried in the aircraft they
shall be kept available for inspection
at the base from which the dispensing
operation is conducted.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–3, 33 FR 9601, July 2,
1968]
§ 137.35 Limitations on private agricul-
tural aircraft operator.
No person may conduct an agricul-
tural aircraft operation under the au-
thority of a private agricultural air-
craft operator certificate—
(a) For compensation or hire;
(b) Over a congested area; or
(c) Over any property unless he is the
owner or lessee of the property, or has
ownership or other property interest in
the crop located on that property.
§ 137.37 Manner of dispensing.
No persons may dispense, or cause to
be dispensed, from an aircraft, any ma-
terial or substance in a manner that
creates a hazard to persons or property
on the surface.
[Doc. No. 1464, 30 FR 8106, June 24, 1965, as
amended by Amdt. 137–3, 33 FR 9601, July 2,
1968]
§ 137.39 Economic poison dispensing.
(a) Except as provided in paragraph
(b) of this section, no person may dis-
pense or cause to be dispensed from an
aircraft, any economic poison that is
registered with the U.S. Department of
Agriculture under the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7
U.S.C. 135–135k)—
(1) For a use other than that for
which it is registered;
(2) Contrary to any safety instruc-
tions or use limitations on its label; or
(3) In violation of any law or regula-
tion of the United States.
563
Federal Aviation Administration, DOT
§ 137.42
(b) This section does not apply to any
person dispensing economic poisons for
experimental purposes under—
(1) The supervision of a Federal or
State agency authorized by law to con-
duct research in the field of economic
poisons; or
(2) A permit from the U.S. Depart-
ment of Agriculture issued pursuant to
the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 135–135k).
[Amdt. 137–2, 31 FR 6686, May 5, 1966]
§ 137.40 Employment of former FAA
employees.
(a) Except as specified in paragraph
(c) of this section, no certificate holder
may knowingly employ or make a con-
tractual arrangement which permits an
individual to act as an agent or rep-
resentative of the certificate holder in
any matter before the Federal Aviation
Administration if the individual, in the
preceding 2 years—
(1) Served as, or was directly respon-
sible for the oversight of, a Flight
Standards Service aviation safety in-
spector; and
(2) Had direct responsibility to in-
spect, or oversee the inspection of, the
operations of the certificate holder.
(b) For the purpose of this section, an
individual shall be considered to be
acting as an agent or representative of
a certificate holder in a matter before
the agency if the individual makes any
written or oral communication on be-
half of the certificate holder to the
agency (or any of its officers or em-
ployees) in connection with a par-
ticular matter, whether or not involv-
ing a specific party and without regard
to whether the individual has partici-
pated in, or had responsibility for, the
particular matter while serving as a
Flight Standards Service aviation safe-
ty inspector.
(c) The provisions of this section do
not prohibit a certificate holder from
knowingly employing or making a con-
tractual arrangement which permits an
individual to act as an agent or rep-
resentative of the certificate holder in
any matter before the Federal Aviation
Administration if the individual was
employed by the certificate holder be-
fore October 21, 2011.
[Doc. No. FAA–2008–1154, 76 FR 52236, Aug. 22,
2011]
§ 137.41 Personnel.
(a)
Information.
The holder of an agri-
cultural aircraft operator certificate
shall insure that each person used in
the holder’s agricultural aircraft oper-
ation is informed of that person’s du-
ties and responsibilities for the oper-
ation.
(b)
Supervisors.
No person may super-
vise an agricultural aircraft operation
unless he has met the knowledge and
skill requirements of § 137.19(e).
(c)
Pilot in command.
No person may
act as pilot in command of an aircraft
unless he holds a pilot certificate and
rating prescribed by § 137.19 (b) or (c),
as appropriate to the type of operation
conducted. In addition, he must dem-
onstrate to the holder of the Agricul-
tural Aircraft Operator Certificate con-
ducting the operation that he has met
the knowledge and skill requirements
of § 137.19(e). If the holder of that cer-
tificate has designated a person under
§ 137.19(e) to supervise his agricultural
aircraft operations the demonstration
must be made to the person so des-
ignated. However, a demonstration of
the knowledge and skill requirement is
not necessary for any pilot in com-
mand who—
(1) Is, at the time of the filing of an
application by an agricultural aircraft
operator, working as a pilot in com-
mand for that operator; and
(2) Has a record of operation under
that applicant that does not disclose
any question regarding the safety of
his flight operations or his competence
in dispensing agricultural materials or
chemicals.
§ 137.42 Fastening of safety belts and
shoulder harnesses.
No person may operate an aircraft in
operations required to be conducted
under part 137 without a safety belt
and shoulder harness properly secured
about that person except that the
shoulder harness need not be fastened