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 

564 

14 CFR Ch. I (1–1–24 Edition) 

§ 137.43 

if that person would be unable to per-
form required duties with the shoulder 
harness fastened. 

[Amdt. 137–10, 44 FR 61325, Oct. 25, 1979] 

§ 137.43 Operations in controlled air-

space designated for an airport. 

(a) Except for flights to and from a 

dispensing area, no person may operate 
an aircraft within the lateral bound-
aries of the surface area of Class D air-
space designated for an airport unless 
authorization for that operation has 
been obtained from the ATC facility 
having jurisdiction over that area. 

(b) No person may operate an aircraft 

in weather conditions below VFR mini-
mums within the lateral boundaries of 
a Class E airspace area that extends 
upward from the surface unless author-
ization for that operation has been ob-
tained from the ATC facility having ju-
risdiction over that area. 

(c) Notwithstanding § 91.157(b)(4) of 

this chapter, an aircraft may be oper-
ated under the special VFR weather 
minimums without meeting the re-
quirements prescribed therein. 

[Amdt. 137–14, 56 FR 65664, Dec. 17, 1991, as 
amended by Amdt. 137–14, 58 FR 32840, June 
14, 1993; 74 FR 13099, Mar. 26, 2009] 

§ 137.45 Nonobservance of airport traf-

fic pattern. 

Notwithstanding part 91 of this chap-

ter, the pilot in command of an aircraft 
may deviate from an airport traffic 
pattern when authorized by the control 
tower concerned. At an airport without 
a functioning control tower, the pilot 
in command may deviate from the traf-
fic pattern if— 

(a) Prior coordination is made with 

the airport management concerned; 

(b) Deviations are limited to the ag-

ricultural aircraft operation; 

(c) Except in an emergency, landing 

and takeoffs are not made on ramps, 
taxiways, or other areas of the airport 
not intended for such use; and 

(d) The aircraft at all times remains 

clear of, and gives way to, aircraft con-
forming to the traffic pattern for the 
airport. 

§ 137.47 Operation without position 

lights. 

Notwithstanding part 91 of this chap-

ter, an aircraft may be operated with-

out position lights if prominent un-
lighted objects are visible for at least 1 
mile and takeoffs and landings at— 

(a) Airports with a functioning con-

trol tower are made only as authorized 
by the control tower operator; and 

(b) Other airports are made only with 

the permission of the airport manage-
ment and no other aircraft operations 
requiring position lights are in 
progress at that airport. 

§ 137.49 Operations over other than 

congested areas. 

Notwithstanding part 91 of this chap-

ter, during the actual dispensing oper-
ation, including approaches, depar-
tures, and turnarounds reasonably nec-
essary for the operation, an aircraft 
may be operated over other than con-
gested areas below 500 feet above the 
surface and closer than 500 feet to per-
sons, vessels, vehicles, and structures, 
if the operations are conducted without 
creating a hazard to persons or prop-
erty on the surface. 

[Amdt. 137–3, 33 FR 9601, July 2, 1968] 

§ 137.51 Operation over congested 

areas: General. 

(a) Notwithstanding part 91 of this 

chapter, an aircraft may be operated 
over a congested area at altitudes re-
quired for the proper accomplishment 
of the agricultural aircraft operation if 
the operation is conducted— 

(1) With the maximum safety to per-

sons and property on the surface, con-
sistent with the operation; and 

(2) In accordance with the require-

ments of paragraph (b) of this section. 

(b) No person may operate an aircraft 

over a congested area except in accord-
ance with the requirements of this 
paragraph. 

(1) Prior written approval must be 

obtained from the appropriate official 
or governing body of the political sub-
division over which the operations are 
conducted. 

(2) Notice of the intended operation 

must be given to the public by some ef-
fective means, such as daily news-
papers, radio, television, or door-to- 
door notice. 

(3) A plan for each complete oper-

ation must be submitted to, and ap-
proved by appropriate personnel of the 
responsible Flight Standards office for