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 

565 

Federal Aviation Administration, DOT 

§ 137.53 

the area where the operation is to be 
conducted. The plan must include con-
sideration of obstructions to flight; the 
emergency landing capabilities of the 
aircraft to be used; and any necessary 
coordination with air traffic control. 

(4) Single engine aircraft must be op-

erated as follows: 

(i) Except for helicopters, no person 

may take off a loaded aircraft, or make 
a turnaround over a congested area. 

(ii) No person may operate an air-

craft over a congested area below the 
altitudes prescribed in part 91 of this 
chapter except during the actual dis-
pensing operation, including the ap-
proaches and departures necessary for 
that operation. 

(iii) No person may operate an air-

craft over a congested area during the 
actual dispensing operation, including 
the approaches and departures for that 
operation, unless it is operated in a 
pattern and at such an altitude that 
the aircraft can land, in an emergency, 
without endangering persons or prop-
erty on the surface. 

(5) Multiengine aircraft must be op-

erated as follows: 

(i) No person may take off a multien-

gine airplane over a congested area ex-
cept under conditions that will allow 
the airplane to be brought to a safe 
stop within the effective length of the 
runway from any point on takeoff up 
to the time of attaining, with all en-
gines operating at normal takeoff 
power, 105 percent of the minimum 
control speed with the critical engine 
inoperative in the takeoff configura-
tion or 115 percent of the power-off 
stall speed in the takeoff configura-
tion, whichever is greater, as shown by 
the accelerate stop distance data. In 
applying this requirement, takeoff data 
is based upon still-air conditions, and 
no correction is made for any uphill 
gradient of 1 percent or less when the 
percentage is measured as the dif-
ference between elevation at the end 
points of the runway divided by the 
total length. For uphill gradients 
greater than 1 percent, the effective 
takeoff length of the runway is reduced 
20 percent for each 1-percent grade. 

(ii) No person may operate a multien-

gine airplane at a weight greater than 
the weight that, with the critical en-
gine inoperative, would permit a rate 

of climb of at least 50 feet per minute 
at an altitude of at least 1,000 feet 
above the elevation of the highest 
ground or obstruction within the area 
to be worked or at an altitude of 5,000 
feet, whichever is higher. For the pur-
poses of this subdivision, it is assumed 
that the propeller of the inoperative 
engine is in the minimum drag posi-
tion; that the wing flaps and landing 
gear are in the most favorable posi-
tions; and that the remaining engine or 
engines are operating at the maximum 
continuous power available. 

(iii) No person may operate any mul-

tiengine aircraft over a congested area 
below the altitudes prescribed in part 
91 of this chapter except during the ac-
tual dispensing operation, including 
the approaches, departures, and turn-
arounds necessary for that operation. 

[Doc. No. 1464, 30 FR 8106, June 24, 1965, as 
amended by Doc. No. 8084, 32 FR 5769, Apr. 11, 
1967; Amdt. 137–13, 54 FR 39294, Sept. 25, 1989; 
Docket FAA–2018–0119, Amdt. 137–17, 83 FR 
9175, Mar. 5, 2018] 

§ 137.53 Operation over congested 

areas: Pilots and aircraft. 

(a) 

General. 

No person may operate 

an aircraft over a congested area ex-
cept in accordance with the pilot and 
aircraft rules of this section. 

(b) 

Pilots. 

Each pilot in command 

must have at least— 

(1) 25 hours of pilot-in-command 

flight time in the make and basic 
model of the aircraft, at least 10 hours 
of which must have been acquired with-
in the preceding 12 calendar months; 
and 

(2) 100 hours of flight experience as 

pilot in command in dispensing agri-
cultural materials or chemicals. 

(c) 

Aircraft. 

(1) Each aircraft must— 

(i) If it is an aircraft not specified in 
paragraph (c)(1)(ii) of this section, have 
had within the preceding 100 hours of 
time in service a 100-hour or annual in-
spection by a person authorized by part 
65 or 145 of this chapter, or have been 
inspected under a progressive inspec-
tion system; and 

(ii) If it is a large or turbine-powered 

multiengine civil airplane of U.S. reg-
istry, have been inspected in accord-
ance with the applicable inspection 
program requirements of § 91.409 of this 
chapter.