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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. 

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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