550 

14 CFR Ch. I (1–1–19 Edition) 

§ 137.39 

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. 

(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 

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